Enjoy SmartLeges Premium!

Subscribe to SmartLeges Premium and enjoy the following advantages:

  • Consult as many laws as you need with no additional charge
  • Consult almost any law in several countries with the new advanced search engine. All legislation within reach!
  • Enjoy all SmartLeges functions without restrictions
See the plans

An essential and free application for professionals and students in the legal sector

Read more
 

Sign up for free!

Would you like to consult this and other laws complete?

Sign up for free to consult all the laws of SmartLeges in your mobile phone or tablet, as well as underline text, add notes...

Sign up for free!

Email Facebook Twitter Google Linkedin Tumblr

NEW YORK EDUCATION
EDN

Last update: 2011-11-11


  • Title 1. General Provisions
    • Article 1. Short Title and Definitions 1 - 2-B
    • Article 2. Dignity for All Students. Effective Date: 07/01/2012. 10 - 18
    • Article 3. Education Department
      • Part 1. General Provisions 101 - 140
      • Part 4. Scientific and Historic Places 174
      • Part 5. Education Department Optional Retirement Program 180 - 187
    • Article 5. University of the State of New York
      • Part 1. General Organization 201 - 239-A
      • Part 1-A. Cody Center for Autism and Developmental Disabilities 240 - 243
      • Part 2. Libraries 245 - 285
      • Part 3. Federal Funds for Vocational Education 290 - 292
    • Article 6. Enacted Without Article Heading. 293 - 297
    • Article 7. Commissioner of Education 301 - 318
    • Article 7-A. Standardized Testing 340 - 348
    • Article 8. State University and State Financial Assistance for Higher Education 350 - 365
    • Article 8-A. State University Construction Fund 370 - 384
    • Article 8-B. State University Optional Retirement Program 390 - 397
    • Article 8-C. Special Annuity 398 - 399-A
    • Article 9. School Buildings and Sites 401 - 420
    • Article 10. New York City Educational Construction Fund 450 - 471
    • Article 10-B. City of Yonkers Educational Construction Fund 475 - 495
    • Article 10-C. Winter Sports Education Trust Fund 495-A
    • Article 10-D. Regional College Cooperative Services Board 496 - 500
    • Article 11. State Teachers' Retirement System for Public School Teachers 501 - 539
    • Article 12. Health and Safety Grants for Nonpublic School Children 549 - 553
    • Article 12-A. Arthur O. Eve Elementary and Secondary Education Opportunity Program 559 - 563
    • Article 13. Higher Education Student Financial Aid Programs 601 - 608-A
    • Article 13-A. Liberty Scholarships 610 - 612
    • Article 13-B. Student Lending Accountability, Transparency and Enforcement Act 620 - 632
    • Article 14. New York State Higher Education Services Corporation
      • Part 1. Corporate Structure 651 - 660
      • Part 2. Student Financial Aid
        • SubPart 1. General Provisions 661 - 665-A
        • SubPart 2. General Awards 666 - 669-D
        • SubPart 3. Academic Performance Awards 670 - 679
        • SubPart 4. Other Awards 679-A - 679-E
      • Part 3. Student Loans 680 - 683-B
      • Part 4. Miscellaneous Provisions 686 - 689-A
      • Part 5. The New York Higher Education Loan Program 690 - 694-B
    • Article 14-A. New York State College Choice Tuition Savings Program 695 - 695-G
    • Article 15. Text-books 701 - 705
    • Article 15-A. School Library Materials 711 - 712
    • Article 15-B. Higher Education Textbooks. Repeal Date: 08/15/2013. 715
    • Article 15-C. Textbook Access Act 720 - 724
    • Article 16. Computer Technology 751 - 754
    • Article 17. Instruction in Certain Subjects 801 - 814
    • Article 19. Medical and Health Service 901 - 920
    • Article 21. Vocational Rehabilitation 1001 - 1009
    • Article 23. Career Education in Counties
      • Part 1. Vocational Education and Extension Boards 1101 - 1107
      • Part 2. County Commission for Special Education in Westchester County 1110 - 1116
    • Article 23-A. Service Centers for Independent Living 1120 - 1124
    • Article 23-B. Child Abuse in an Educational Setting 1125 - 1133
    • Article 24. New York State Rural Education Program Act 1201 - 1207
  • Title 2. School District Organization
    • Article 31. School Districts 1501 - 1527-C
    • Article 32. Filing of Expenditure Statements by Candidates for Membership on Board of Education 1528 - 1531
    • Article 33. Common School Districts 1601 - 1619
    • Article 35. Union Free School Districts 1701 - 1726
    • Article 37. Central School Districts 1801 - 1809
    • Article 39. Central High School Districts 1901 - 1917-A
    • Article 40. Boards of Cooperative Educational Services 1950 - 1952
    • Article 40-A. Shared Personnel 1980 - 1981
    • Article 41. District Meetings
      • Part 1. General Provisions 2001 - 2038
      • Part 2. Contract System 2040 - 2045
      • Part 3. Professional Services Providers 2050 - 2054
    • Article 43. School District Officers--town and County Officials
      • Part 1. General Provisions 2101 - 2119
      • Part 2. District Clerk; Treasurer; Collector 2121 - 2130
      • Part 3. Town and County Officials 2140 - 2143
    • Article 45. Supervisory Districts 2201 - 2218
    • Article 51. City School Districts of Cities With Less than One Hundred Twenty-five Thousand Inhabitants 2501 - 2530
    • Article 52. City School Districts of Cities With One Hundred Twenty-five Thousand Inhabitants or More 2550 - 2588
    • Article 52-A. New York City Community School District System 2590 - 2590-U
    • Article 53. School Elections in City School Districts of Cities With Less than One Hundred Twenty-five Thousand Inhabitants 2601 - 2613
    • Article 55. Regulation by Boards of Education of Conduct on School District Property 2801 - 2814
    • Article 56. Charter Schools 2850 - 2857
  • Title 4. Teachers and Pupils
    • Article 61. Teachers and Supervisory and Administrative Staff 3001 - 3035
    • Article 63. Salaries of Teachers and Supervisors 3101 - 3109-A
    • Article 65. Compulsory Education and School Census
      • Part 1. Compulsory Education 3201 - 3234
      • Part 2. School Census 3240 - 3243
  • Title 5. Taxation and Financial Administration
    • Article 73. Apportionment of Public Moneys
      • Part 1. General Provisions 3601 - 3612
      • Part 2. Aidable Transportation Expense 3620 - 3628
      • Part 3. Transportation Services 3635 - 3637
      • Part 4. Special Apportionments and Grants-in-aid 3640 - 3642
      • Part 5. Comprehensive School Bus Driver Safety Training Program 3650 - 3650-C
    • Article 74. Reserve Funds 3651 - 3652
    • Article 75. Trusts for Schools; Gospel and School Lots 3701 - 3713
    • Article 77. Fines, Penalties, Forfeitures and Costs 3801 - 3816
  • Title 6. Special Schools and Instruction
    • Article 81. Education of Children Residing in Child Care Institutions 4001 - 4006
    • Article 83. Indian Schools 4101 - 4119
    • Article 85. Instruction of the Deaf and of the Blind 4201 - 4213
    • Article 87. New York State School for the Blind 4301 - 4318
    • Article 88. New York State School for the Deaf 4351 - 4358
    • Article 89. Children With Handicapping Conditions 4401 - 4410-B
    • Article 90. Gifted Education 4451 - 4453
    • Article 91. School Camps 4501 - 4502
    • Article 93. Career, Practical Arts, Continuing Adult Education and Vocational and Educational Guidance 4601 - 4607
    • Article 95. Farm Schools in Counties 4701 - 4712
    • Article 97. Home Schools in Certain Cities 4801 - 4815
    • Article 99. New York Nautical School 4901 - 4904
    • Article 101. Private Trade and Correspondence Schools 5001 - 5010
    • Article 103. Workplace Literacy Programs 5100 - 5102
    • Article 105. Research Institute on Addictions 5200 - 5201
  • Title 7. State and City Colleges and Institutions-cornell University
    • Article 115. Cornell University 5701 - 5716
    • Article 119. New York State Legislative Institute 5901 - 5905
    • Article 121. State University of New York College of Environmental Science and Forestry 6001 - 6007
    • Article 123. The New York State College of Ceramics at Alfred University 6101 - 6103
    • Article 125. City University of New York 6201 - 6234
    • Article 125-A. Board of Higher Education Optional Retirement Program 6250 - 6256
    • Article 125-B. City University Construction Fund 6270 - 6283
    • Article 126. Community Colleges and State-aided Four-year Colleges 6301 - 6310
    • Article 127. Military Service 6350 - 6354
    • Article 129. State Aid for Certain Independent Institutions of Higher Education 6401 - 6405
    • Article 129-A. Regulation by Colleges of Conduct on Campuses and other College Property Used for Educational Purposes 6430 - 6437
    • Article 130. Arthur O. Eve Opportunity for Higher Education 6451 - 6455
  • Title 8. The Professions
    • Article 130*. General Provisions
      • SubArt. 1. Introductory Summary. 6500 - 6505-C
      • SubArt. 2. State Management. 6506 - 6508
      • SubArt. 3. Professional Misconduct. 6509 - 6511
      • SubArt. 4. Unauthorized Acts. 6512 - 6516
    • Article 131. Medicine 6520 - 6529
    • Article 131-A. Definitions of Professional Misconduct Applicable to Physicians, Physician's Assistants and Specialist's Assistants 6530 - 6532
    • Article 131-B. Physician Assistants and Specialist Assistants 6540 - 6548
    • Article 132. Chiropractic 6550 - 6556
    • Article 133. Dentistry and Dental Hygiene 6600 - 6613
    • Article 135. Veterinary Medicine and Animal Health Technology 6700 - 6714
    • Article 136. Physical Therapy and Physical Therapist Assistants 6730 - 6743
    • Article 137. Pharmacy 6800 - 6828
    • Article 139. Nursing 6900 - 6910
    • Article 140. Professional Midwifery Practice Act 6950 - 6958
    • Article 141. Podiatry 7000 - 7008
    • Article 143. Optometry 7100 - 7107
    • Article 144. Ophthalmic Dispensing 7120 - 7128
    • Article 145. Engineering and Land Surveying 7200 - 7212
    • Article 147. Architecture 7300 - 7308
    • Article 148. Landscape Architecture 7320 - 7328
    • Article 149. Public Accountancy 7400 - 7410
    • Article 151. Shorthand Reporting 7500 - 7504
    • Article 153. Psychology 7600 - 7606
    • Article 154. Social Work 7700 - 7709
    • Article 155. Massage Therapy 7800 - 7807
    • Article 156. Occupational Therapy. Effective Date: 02/13/2012. 7900 - 7907
    • Article 157. Dietetics and Nutrition 8000 - 8006
    • Article 159. Speech-language Pathologists and Audiologists 8200 - 8209
    • Article 160. Acupuncture 8210 - 8216
    • Article 161. Interior Design 8300 - 8307
    • Article 162. Athletic Trainers 8350 - 8358
    • Article 163. Mental Health Practitioners 8400 - 8411
    • Article 164. Respiratory Therapists and Respiratory Therapy Technicians 8500 - 8513
    • Article 165. Clinical Laboratory Technology Practice Act. 8600 - 8610
    • Article 166. Medical Physics Practice 8700 - 8709
  • Title 9. Laws Repealed; Saving Clause; When to Take Effect
    • Article 170. Laws Repealed; Saving Clause; When to Take Effect 9001 - 9003

Title 1
General Provisions

Article 1
Short Title and Definitions

Section 1. Short title.

Section 1. Short title. This chapter shall be known as the "Education Law".

Section 2. Definitions.

Wherever used in this chapter, the following terms shall have the respective meanings hereinafter set forth or indicated:

1. Academy. The term "academy" means an incorporated institution for instruction in secondary education, and such high schools, academic departments in union free school districts and similar unincorporated schools as are admitted by the regents to the university as of academic grade.

2. College. The term "college" includes universities and other institutions for higher education authorized to confer degrees.

3. University. The term "university" means The University of the State of New York.

4. Regents. The term "regents" means board of regents of The University of the State of New York.

5. Commissioner. The term "commissioner" means commissioner of education of the state of New York.

6. Department. The term "department" means education department of the state of New York.

7. Secondary education. The term "secondary education" means instruction of academic grade, between the elementary grades and the college or university.

8. Higher education. The term "higher education" means education in advance of secondary education, and includes the work of colleges, universities, professional and technical schools, and educational work connected with libraries, museums, university and educational extension courses and similar agencies.

9. Trustee. The term "trustees," when not used in reference to a school district, includes directors, managers or other similar members of the governing board of an educational institution. The terms "trustee" and "trustees", respectively, when used in reference to a school district, shall include the plural or singular meaning, as the case may be, unless otherwise specified.

10. Parental relation. The term "persons in parental relation" to a child includes the parents, guardians or other persons, whether one or more, lawfully having the care, custody or control of such child, including persons who have been designated pursuant to title fifteen-A of article five of the general obligations law as persons in parental relation to the child.

11. Compulsory school ages. The term "child of compulsory school age" means any child between six and sixteen years of age lawfully required to attend upon instruction.

12. School authorities. The term "school authorities" means the trustees, or board of education, or corresponding officers, whether one or more, and by whatever name known, of a city school district, or other school district however created.

13. School officer. The term "school officer" means a clerk, collector, or treasurer of any school district; a trustee; a member of a board of education or other body in control of the schools by whatever name known in a union free school district, central school district, central high school district, or in a city school district; a superintendent of schools; a district superintendent; a supervisor of attendance or attendance officer; or other elective or appointive officer in a school district whose duties generally relate to the administration of affairs connected with the public school system.

14. Board of education. The term "board of education" shall include by whatever name known the governing body charged with the general control, management and responsibility of the schools of a union free school district, central school district, central high school district, or of a city school district.

15. School year. The term "school year" means the period commencing on the first day of July in each year and ending on the thirtieth day of June next following.

16. City school district. a. The following school districts are hereby designated and declared to be city school districts: (1) Any school district coterminous with a city on January first, nineteen hundred fifty; (2) any school district part of which was without and part of which was within a city on January first, nineteen hundred fifty, and which then contained the whole or the greater portion of the children of the city between birth and eighteen years of age, as shown by the school census; and (3) any school district wholly within, but not coterminous with, a city on January first, nineteen hundred fifty, and which then contained the greater portion of the children of the city between birth and eighteen years of age, as shown by the school census.

b. Whenever a city shall be created after January first, nineteen hundred fifty, that school district shall be and become a city school district which, on the effective date of the incorporation of such city, is: (1) coterminous with the city; (2) partly without and partly within the city and then contains the whole or the greater portion of the children of the city between birth and eighteen years of age, as shown by the school census; or (3) wholly within but not coterminous with the city and then contains the greater portion of the children of the city between birth and eighteen years of age, as shown by the school census.

c. The corporate existence of any school district, which, by virtue of the provisions of this subdivision, shall be and become a city school district, shall continue, and any such school district thereafter shall be governed by the provisions of this chapter applicable to city school districts.

* 17. State university. The term "state university" means the state university of New York, as created by article eight of this chapter.

* NB There are 2 sub 17's

* 17. City. The term "city" means the city school district of such city where the context clearly so indicates.

* NB There are 2 sub 17's

18. Minor or infant. The term "minor" or "infant" means a person who has not attained the age of eighteen years.

19. Expenditures. For purposes of computing aid to public school districts, boards of cooperative educational services, nonpublic elementary and secondary schools, public and cooperative library systems or public and free association libraries pursuant to this chapter or any other law, such aid shall be computed using state aid worksheets developed pursuant to regulations of the commissioner, designed to reflect use of the state comptroller's definition of expenditures to the extent possible. Such worksheet definitions of expenditures shall be used notwithstanding the fact that this chapter or other applicable law may use terms such as cash expenditures, expenses, costs, paid, payments, or such other terms.

24. Career education. The term "career education" means organized educational programs offering a sequence of courses which are directly related to the preparation of individuals in paid or unpaid employment in current or emerging occupations requiring other than a baccalaureate or advanced degrees, and shall include vocational and occupational education. Such programs shall include competency-based applied learning which contributes to an individual's academic knowledge, higher-order reasoning, and problem solving skills, work activities, general employability skills, and the skills necessary for economic independence as a productive and contributing member of society. Such term also includes applied technology education. Except where the intent indicates otherwise, the terms "vocational education" and "occupational education" shall mean "career education."

Section 2-A. Release of directory information; access to institutions.

Notwithstanding any other provision of law to the contrary, if a trustee, president, principal, or officer of any institution belonging to the University of the State of New York, or a board of education of any public school, in any city, union free, common or central school district or the administrator of any non-public school of secondary education receiving state funds permits the release of directory information relating to pupils or permits access to school buildings, school grounds or other school property to persons who inform pupils of educational, occupational or career opportunities, such trustee, president, principal, officer, board or administrator shall provide access to directory information relating to pupils and access to such school property on the same basis for official representatives of the state militia and the armed forces of the United States for the purpose of informing pupils of educational, occupational or career opportunities within the state militia or armed forces of the United States. Pursuant to this section, access provided to school property or directory information shall not be used for purposes other than informing students of educational, occupational or career opportunities.

Section 2-B. Use of student social security numbers restricted.

No public or private elementary or secondary school or college as defined in section two of this article shall display any student's social security number to identify such student for posting or public listing of grades, on class rosters or other lists provided to teachers, on student identification cards, in student directories or similar listings, or, unless specifically authorized or required by law, for any public identification purpose.

Article 2
Dignity for All Students. Effective Date: 07/01/2012.

(*) Section 10. Legislative intent.

The legislature finds that students' ability to learn and to meet high academic standards, and a school's ability to educate its students, are compromised by incidents of discrimination or harassment including bullying, taunting or intimidation. It is hereby declared to be the policy of the state to afford all students in public schools an environment free of discrimination and harassment. The purpose of this article is to foster civility in public schools and to prevent and prohibit conduct which is inconsistent with a school's educational mission.

* NB Effective July 1, 2012

(*) Section 11. Definitions.

For the purposes of this article, the following terms shall have the following meanings:

1. "School property" shall mean in or within 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.

2. "School function" shall mean a school-sponsored extra-curricular event or activity.

3. "Disability" shall mean disability as defined in subdivision twenty-one of section two hundred ninety-two of the executive law.

4. "Employee" shall mean employee as defined in subdivision three of section eleven hundred twenty-five of this title.

5. "Sexual orientation" shall mean actual or perceived heterosexuality, homosexuality or bisexuality.

6. "Gender" shall mean actual or perceived sex and shall include a person's gender identity or expression.

7. "Harassment" shall mean the creation of a hostile environment by conduct or by verbal threats, intimidation or abuse that has or would have the effect of unreasonably and substantially interfering with a student's educational performance, opportunities or benefits, or mental, emotional or physical well-being; or conduct, verbal threats, intimidation or abuse that reasonably causes or would reasonably be expected to cause a student to fear for his or her physical safety; such conduct, verbal threats, intimidation or abuse includes but is not limited to conduct, verbal threats, intimidation or abuse based on a person's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex.

* NB Effective July 1, 2012

(*) Section 12. Discrimination and harassment prohibited.

1. No student shall be subjected to harassment 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. Nothing in this subdivision shall be construed to prohibit a denial of admission into, or exclusion from, a course of instruction based on a person's gender that would be permissible under section thirty-two hundred one-a or paragraph (a) of subdivision two of section twenty-eight hundred fifty-four of this chapter and title IX of the Education Amendments of 1972 (20 U.S.C. section 1681, et. seq.), or to prohibit, as discrimination based on disability, actions that would be permissible under section 504 of the Rehabilitation Act of 1973.

2. An age-appropriate version of the policy outlined in subdivision one of this section, written in plain-language, shall be included in the code of conduct adopted by boards of education and the trustees or sole trustee pursuant to section twenty-eight hundred one of this chapter and a summary of such policy shall be included in any summaries required by such section twenty-eight hundred one.

* NB Effective July 1, 2012

(*) Section 13. Policies and guidelines.

The board of education and the trustees or sole trustee of every school district shall create policies and guidelines that shall include, but not be limited to:

1. Policies intended to create a school environment that is free from discrimination or harassment;

2. Guidelines to be used in school training programs to discourage the development of discrimination or harassment and that are designed:

a. to raise the awareness and sensitivity of school employees to potential discrimination or harassment, and

b. to enable employees to prevent and respond to discrimination or harassment; and

3. Guidelines relating to the development of nondiscriminatory instructional and counseling methods, and requiring that at least one 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.

* NB Effective July 1, 2012

(*) Section 14. Commissioner's responsibilities.

The commissioner shall:

1. Provide direction, which may include development of model policies and, to the extent possible, direct services, to school districts related to preventing discrimination and harassment and to fostering an environment in every school where all children can learn free of manifestations of bias;

2. Provide grants, from funds appropriated for such purpose, to local school districts to assist them in implementing the guidelines set forth in this section; and

3. Promulgate regulations to assist school districts in implementing this article including, but not limited to, regulations to assist school districts in developing measured, balanced, and age-appropriate responses to violations of this policy, with remedies and procedures focusing on intervention and education.

* NB Effective July 1, 2012

(*) Section 15. Reporting by commissioner.

The commissioner shall create a procedure under which material incidents of discrimination and harassment on school grounds or at a school function are reported to the department at least on an annual basis. Such procedure shall provide that such reports shall, wherever possible, also delineate the specific nature of such incidents of discrimination or harassment, provided that the commissioner may comply with the requirements of this section through use of the existing uniform violent incident reporting system. In addition the department may conduct research or undertake studies to determine compliance throughout the state with the provisions of this article.

* NB Effective July 1, 2012

(*) Section 16. Protection of people who report discrimination or harassment.

Any person having reasonable cause to suspect that a student has been subjected to discrimination or harassment by an employee or student, on school grounds or at a school function, who, acting reasonably and in good faith, either reports such information to school officials, to the commissioner, or to law enforcement authorities or otherwise initiates, testifies, participates or assists in any formal or informal proceedings under this article, shall have immunity from any civil liability that may arise from the making of such report or from initiating, testifying, participating or assisting in such formal or informal proceedings, and no school district or employee shall take, request or cause a retaliatory action against any such person who, acting reasonably and in good faith, either makes such a report or initiates, testifies, participates or assists in such formal or informal proceedings.

* NB Effective July 1, 2012

(*) Section 17. Application.

Nothing in this article shall:

1. Apply to private, religious or denominational educational institutions; or

2. Preclude or limit any right or cause of action provided under any local, state or federal ordinance, law or regulation including but not limited to any remedies or rights available under the Individuals With Disabilities Education Act, Title VII of the Civil Rights Law of 1964, section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act of 1990.

* NB Effective July 1, 2012