100.2 General school requirements.

(k) Nondiscrimination in curricular and extracurricular activities. No student shall be denied membership or participation, on the basis of 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, provided that:

(1) in the case of students with disabilities, such activity shall be appropriate to a student's special educational needs as identified by the committee on special education;

(2) male and female participation in extraclass athletic activities shall be in accordance with the provisions set forth in section 135.4(c)(7) of this Title;

(3) a nonpublic school may limit admission to such school to students of a single sex and/or of a single religion or denomination; and

(4) a nonpublic school controlled by or affiliated with a religious organization may separate students on the basis of sex to the extent that such separation is required by the religious tenets of such organization.

(l) School conduct and discipline.

(l) Policy on school conduct and discipline

(i) On or before January 1, 1986 each school district shall adopt and implement a written policy on school conduct and discipline designed to promote responsible student behavior, which policy, and any amendments thereto, shall remain in effect until the adoption of a code of conduct pursuant to paragraph (2) of this subdivision, at which time it shall be deemed to be superseded by such code of conduct.  The City School District of the City of New York shall adopt and implement a separate written policy for each community school district and for Central Board-administered programs. Such policy shall be developed locally in consultation with teachers, administrators, other school service professionals, students and parents and shall include:

(ii) The board of education shall adopt such a policy and review it on an annual basis and amend it when appropriate. Each school district's policy on school conduct and discipline shall be filed in each school building and shall be available for review by any individual.

(2) Code of Conduct.

(i) On or before July 1, 2001, each board of education and board of cooperative educational services shall adopt and provide for the enforcement of a written code of conduct for the maintenance of order on school property and at school functions, as defined in Education Law section 2801(1), which shall govern the conduct of students, teachers and other school personnel, and visitors. Such a code shall be developed in collaboration with student, teacher, administrator, and parent organizations, school safety personnel and other school personnel and shall be approved by the board of education, or other governing body, or by the chancellor of the City School District in the case of the City School District of the City of New York. The City School District of the City of New York shall adopt a district-wide code of conduct and each community school district may, upon approval of the chancellor, adopt and implement additional policies, which are consistent with the City School District's district-wide code of conduct, to reflect the individual needs of each community school district. A school district or board of cooperative educational services shall adopt its code of conduct only after at least one public hearing that provides for the participation of school personnel, parents, students and any other interested parties. (ii) The code of conduct shall include, but is not limited to:

(a) provisions regarding conduct, dress and language deemed appropriate and acceptable on school property and at school functions, and conduct, dress and language deemed unacceptable and inappropriate on school property and provisions regarding acceptable civil and respectful treatment of teachers, school administrators, other school personnel, students and visitors on school property and at school functions, 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 and school functions of students and other persons who violate the code; (d) provisions prescribing the period for which a disruptive pupil may be removed from the classroom for each incident, provided that no such pupil shall return to the classroom until the principal makes a final determination pursuant to Education Law section 3214(3-a)(c), or the period of removal expires, whichever is less; (e) 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, harassment and threats of violence; (f) provisions for detention, suspension and removal from the classroom of students, consistent with Education Law section 3214 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, which shall include alternative educational programs appropriate to individual student needs; (g) procedures by which violations are reported, determined, discipline measures imposed and discipline measures carried out; (h) provisions ensuring such code and the enforcement thereof are in compliance with State and Federal laws relating to students with disabilities; (i) provisions setting forth the procedures by which local law enforcement agencies shall be notified of code violations which constitute a crime; ( j) provisions setting forth the circumstances under and procedures by which persons in parental relation to the student shall be notified of code violations; (k) provisions setting forth the circumstances under and procedures by which a complaint in criminal court, a juvenile delinquency petition or person in need of supervision petition as defined in articles three and seven of the family court act will be filed; (l) circumstances under and procedures by which referral to appropriate human service agencies shall be made; (m) a minimum suspension period, for any student who repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom, provided that the suspending authority may reduce such period on a case by case basis to be consistent with any other State and Federal law. For purposes of this requirement, "repeatedly is substantially disruptive of the educational process or substantially interferes with the teacher's authority over the classroom" shall mean engaging in conduct which results in the removal of the student from the classroom by teacher(s) pursuant to the provisions of Education Law section 3214(3-a) and the provisions set forth in the code of conduct on four or more occasions during a semester, or three or more occasions during a trimester, as applicable; (n) a minimum suspension period for acts that would qualify the pupil to be defined as a violent pupil pursuant to Education Law section 3214(2-a)(a), provided that the suspending authority may reduce such period on a case by case basis to be consistent with any other State and Federal law; (o) 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; and (p) guidelines and programs for in-service education programs for all district staff members to ensure effective implementation of school policy on school conduct and discipline.

(iii) Additional responsibilities.

(a) Each board of education and, in the case of the City School District of the City of New York, the chancellor of such City School District, and each board of cooperative educational services shall annually review and update as necessary its code of conduct, taking into consideration the effectiveness of code provisions and the fairness and consistency of its administration. A school district may establish a committee pursuant to Education Law section 2801(5)(a) to facilitate the review of its code of conduct and the district's response to code of conduct violations. A board of education or board of cooperative educational services may adopt any revision to the code of conduct only after at least one public hearing that provides for the participation of school personnel, parents, students and any other interested party. Each district shall file a copy of its code of conduct and any amendments with the commissioner no later than thirty days after their respective adoptions. (b) Each board of education and board of cooperative educational services shall ensure community awareness of its code of conduct by: (1) providing copies of a summary of the code of conduct to all students at a general assembly held at the beginning of each school year; (2) mailing a plain language summary of the code of conduct to all persons in parental relation to students before the beginning of the school year and making such summary available thereafter upon request; (3) providing each existing teacher with a copy of the code of conduct and a copy of any amendments to the code as soon as practicable following initial adoption or amendment of the code, and providing new teachers with a copy of the current code upon their employment; and (4) making copies available for review by students, parents or other persons in parental relation to students, nonteaching staff and other community members.

(3) Corporal punishment.

(i) The term corporal punishment, as used in this section, shall mean any act of physical force upon a pupil for the purpose of punishing that pupil. Such term, as used in this section, shall not mean the use of reasonable physical force for any of the following purposes:

(a) to protect oneself from physical injury;

(b) to protect another pupil or teacher or any other person from physical injury;

(c) to protect the property of the school or of others; or

(d) to restrain or remove a pupil whose behavior is interfering with the orderly exercise and performance of school district functions, powers or duties, if that pupil has refused to comply with a request to refrain from further disruptive acts; provided that alternative procedures and methods not involving the use of physical force cannot reasonably be employed to achieve the purposes set forth in clauses (a) through (d) of this subparagraph.

(ii) In every school district and supervisory district, the trustee, trustees, board of education or board of cooperative educational services, shall submit a written semiannual report to the Commissioner of Education, by January 15th and July 15th of each year commencing July 1, 1985, setting forth the substance of each complaint about the use of corporal punishment received by the local school authorities during the reporting period, the results of each investigation, and the action, if any, taken by the school authorities in each case.

(4) Parental notice concerning student suspensions. When suspension of a student from attendance for a period of five days or less pursuant to section 3214(3) of the Education Law is proposed, school district officials shall immediately notify the parents or the persons in parental relation in writing that the student may be suspended from school. Written notice shall be provided by personal delivery, express mail delivery, or equivalent means reasonably calculated to assure receipt of such notice within 24 hours of the decision to propose suspension at the last known address or addresses of the parents or persons in parental relation. Where possible, notification shall also be provided by telephone if the school has been provided with a telephone number(s) for the purpose of contacting parents or persons in parental relation. Such notice shall provide a description of the incident(s) for which suspension is proposed and shall inform the parents or persons in parental relation of their right to request an immediate informal conference with the principal in accordance with the provisions of Education Law, section 3214(3)(b). Such notice and informal conference shall be in the dominant language or mode of communication used by the parents or persons in parental relation to the pupil.   Such notice and opportunity for an informal conference shall take place prior to the suspension of the student unless the student's presence in the school poses a continuing danger to persons or property or an ongoing threat of disruption to the academic process, in which case the notice and opportunity for an informal conference shall take place as soon after the suspension as is reasonably practicable.

(n) Variances for programs and special focus schools. Except as otherwise provided for State test or examination requirements pursuant to subdivision (f) of this section, the commissioner may grant variances from the provisions of this Part upon a finding that a variance will enable a school to implement a program designed to provide excellence in education. A school or school district shall submit an application for a variance in the form prescribed by the commissioner at least six months in advance of the proposed starting date of the program. Such application shall set forth:

(1) the specific regulation(s) from which a variance is requested;

(2) the need for such variance;

(3) a detailed description of the program or activities which will be substituted for the requirement for which the variance is requested;

(4) the expected time needed to carry out the substitute program or activities;

(5) a plan for evaluating the substitute program or activities;

(6) the school or school district's agreement to submit a follow-up report to the commissioner within six months after conclusion of the substitute program or activities, and within one month after the end of the school year in the case of ongoing substitute programs or activities; and

(7) in lieu of the requirements set forth in paragraphs (2) through (6) of this subdivision, a statement, and supporting evidence, concerning the school's status of accreditation by a statewide or regional accrediting body recognized by the commissioner.