Proactive Steps to Prepare for Your Reorganizational Meeting: School Safety Plans and Codes of Conduct

In anticipation of the annual reorganization meeting in July, schools should begin planning to meet annual school safety plan and code of conduct deadlines. Below is a summary of schools’ legal obligations with respect to school safety plans and codes of conduct, and action steps for successful completion of these obligations.

• School Safety Plans

The law requires schools to adopt a comprehensive district-wide school safety plan and building-level emergency response plans each school year.

The district-wide school safety plan must be developed by a district-wide school safety team appointed by the school board. The law requires the district-wide school safety plan be made available for public comment at least 30 days prior to its adoption. Additionally, the district-wide school safety plan may be adopted by the board only after at least one public hearing. Each year, full copies of the district-wide school safety plan must be filed with the Commissioner of Education within 30 days of adoption, but no later than October 1st each year.

Similarly, a building-level emergency response plan for each school building must be developed by the building-level emergency response team. Unlike the district-wide school safety plan, the building-level emergency response plans must be kept confidential and may be disclosed only in limited circumstances. Boards must adopt confidential building-level emergency response plans no later than October 1st each school year. Schools are required to submit each plan to local law enforcement agencies and the New York State Police within 30 days of adopting the plan, and no later than October 1st.

Since school resource officer and security agreements must be incorporated in your district-wide safety plans, it is important to have your school resource office agreement(s) and security agreement(s) reviewed and updated in the near future so that legally compliant agreements can be attached to your district-wide safety plan. We recommend updating your district-wide safety plan in May so that you may hold the public hearing in early June, your approved plan can be posted for thirty days, and then your board can adopt the district-wide plan as part of the reorganization meeting in July.

• Codes of Conduct

Every school district is required to adopt and annually review a code of conduct for the maintenance of order on school property and school functions, which governs the conduct of students, teachers, other school personnel, as well as visitors to the schools. Annually, a school board may adopt revisions to the code of conduct only after at least one public hearing that provides for the participation of school personnel, parents, students and other interested parties. Once a public hearing has been held, the board may vote on and approve the proposed revisions. Districts must file the revised code of conduct with the Commissioner of Education within thirty (30) days of adoption.

The Commissioner of Education is sustaining student discipline appeals due to procedural errors by school districts. We recommend that each school district begin the process of reviewing codes of conduct for compliance with the legal procedural requirements and changes in the law so that the administration may present the updated code at the required public hearing. The board can then adopt the updated code prior to the reorganization meeting, and file it with the Commissioner prior to the start of the next school year and in time to distribute in September.

If you have any questions regarding adoption of school safety plans or codes of conduct, please contact Jeff Lewis at jmlewis@ferrarafirm.com or at one of the telephone numbers listed below.