New York Education Laws

Keeps you up-to-date with the broad spectrum of laws impacting education in New York
Publisher: Michie

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More than just a statutory compilation, New York Education Laws from LexisNexis and the New York State School Boards Association is the best way to keep up-to-date with the broad spectrum of laws impacting education in New York. With commentary on the latest laws, this volume provides readers with handy summaries of important caselaw, summaries of decisions of the Commissioner of Education, and summaries of new legislation.

New York education laws are constantly in flux, and the new edition provides you with an efficient and innovative way to keep abreast of the latest changes.

New York Education Laws is a compilation of the entire text of Education Law Titles I-VIII extracted from the New York Consolidated Laws, along with many other related statutes that touch on the administration of education in New York. It includes important topics such as school district organization, taxation and financial administration, special schools and instruction, and state and city colleges and institutions. Now, school principals, administrators, educational organizations, attorneys and state officials will have access to all education laws they need in one portable, softbound volume.

Learn more about the companion title, School Law, by clicking here.

Visit our Education Law page for additional resources specifically designed for administrators, school board members, attorneys, principals and teachers. NY 30707

The ISBN for the 2023-2024 Edition was 9781663370860.

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Table of contents

CLS Consolidated Laws and Court Acts Affected
Developments in New York Education Law

EDUCATION LAW
Title 1 General Provisions
Article 1 Short
Title and Definitions, §§ 1 through 2-d
Article 2 Dignity For All Students, §§ 10 through 18
Article 3 Education Department
Part I General Provisions, §§ 101 through 140
Part IV Scientific and Historic Places, §§ 160 through 175
Part V Education Department Optional Retirement Program, §§ 180 through 187
Article 6 [Interstate Library District]*, §§ 293 through 297
Article 7 Commissioner of Education, §§ 301 through 318
Article 7-A Standardized Testing, §§ 340 through 348
Article 9 School Buildings and Sites, §§ 401 through 420
Article 10 New York City Educational Construction Fund, §§ 450 through 471
Article 10-B City of Yonkers Educational Construction Fund, §§ 475 through 495
Article 10-C Winter Sports Education Trust Fund, § 495-a
Article 11 State Teachers’ Retirement System for Public School Teachers, §§ 501 through 539
Article 12 Health and Safety Grants for Nonpublic School Children, §§ 549 through 553
Article 12-A Arthur O. Eve Elementary and Secondary Education Opportunity Program, §§ 559 through 563
Article 15 Text-Books, §§ 701 through 705
Article 15-A School Library Materials, §§ 711, 712
Article 15-C Textbook Access Act, §§ 720 through 724
Article 16 Computer Technology, §§ 751 through 755
Article 17 Instruction in Certain Subjects, §§ 801 through 816
Article 19 Medical and Health Service, §§ 901 through 922
Article 23-B Child Abuse in an Educational Setting, §§ 1125 through 1134
Article 24 New York State Rural Education Program Act, §§ 1201 through 1208
Title II School District Organization
Article 31 School Districts, §§ 1501 through 1527-c
Article 32 Filing of Expenditure Statements by Candidates for Membership on Board of Education, §§ 1528 through 1533
Article 33 Common School Districts, §§ 1601 through 1619
Article 35 Union Free School Districts, §§ 1701 through 1737
Article 37 Central School Districts, §§ 1801 through 1809
Article 39 Central High School Districts, §§ 1901 through 1917-a
Article 40 Boards of Cooperative Educational Services, §§ 1950 through 1959
Article 40-A Shared Personnel, §§ 1980, 1981
Article 41 District Meetings
Part I General Provisions, §§ 2001 through 2038
Part II Contract System, §§ 2040 through 2045
Part III Professional Services Providers, §§ 2050 through 2054
Article 43 School District Officers—town and County Officials
Part I General Provisions, §§ 2101 through 2119
Part II District Clerk; Treasurer; Collector, §§ 2121 through 2131
Part III Town and County Officials, §§ 2140 through 2143
Article 45 Supervisory Districts, §§ 2201 through 2218
Article 51 City School Districts of Cities With Less Than One Hundred Twenty-Five Thousand Inhabitants, §§ 2501 through 2537
Article 52 City School Districts of Cities with One Hundred Twenty-Five Thousand Inhabitants or More, §§ 2550 through 2588
Article 52-A New York City Community School District System, §§ 2590 through 2590-v
Article 53 School Elections in City School Districts of Cities with Less than One Hundred Twenty-Five Thousand Inhabitants, §§ 2601 through 2613
Article 55 Regulation by Boards of Education of Conduct on School District Property, §§ 2801 through 2814
Article 56 Charter Schools, §§ 2850 through 2857
Title IV Teachers and Pupils
Article 61 Teachers and Supervisory and Administrative Staff, §§ 3001 through 3038
Article 63 Salaries of Teachers and Supervisors, §§ 3101 through 3113
Article 65 Compulsory Education and School Census
Part I Compulsory Education, §§ 3201 through 3234
Part II School Census, §§ 3240 through 3244
Article 66 Interstate Compact on Educational Opportunity for Military Children, §§ 3300 through 3318
Title V Taxation and Financial Administration
Article 73 Apportionment of Public Moneys
Part I General Provisions, §§ 3601 through 3614
Part II Aidable Transportation Expense, §§ 3620 through 3629
Part III Transportation Services, §§ 3635 through 3637
Part IV Special Apportionments and Grants-In-Aid, §§ 3640 through 3642
Part V Comprehensive School Bus Driver Safety Training Program, §§ 3650 through 3650-c
Article 74 Reserve Funds, §§ 3651 through 3653
Article 75 Trusts for Schools; Gospel and School Lots, §§ 3701 through 3713
Article 77 Fines, Penalties, Forfeitures and Costs, §§ 3801 through 3816
Title VI Special Schools and Instruction
Article 81 Education of Children Residing in Child Care Institutions, §§ 4001 through 4006
Article 83 Indian Schools, §§ 4101 through 4119
Article 85 Instruction of the Deaf and of the Blind, §§ 4201 through 4213
Article 87 New York State School for the Blind, §§ 4301 through 4318
Article 88 New York State School for the Deaf, §§ 4351 through 4358
Article 89 Children with Handicapping Conditions, §§ 4401 through 4410-c
Article 90 Gifted Education, §§ 4451 through 4453
Article 91 School Camps, §§ 4501 through 4507
Article 93 Career, Practical Arts, Continuing Adult Education and Vocational and Educational Guidance, §§ 4601 through 4608
Article 95 Farm Schools in Counties, §§ 4701 through 4712
Article 97 Home Schools in Certain Cities, §§ 4801 through 4815

THE CONSTITUTION OF THE STATE OF NEW YORK
Article I Bill of Rights § 9 [Right to assemble and petition; divorce; lotteries; poolselling and gambling; laws to prevent]
Article VIII Bill of Rights § 1 [Gift or loan of property or credit of local subdivisions prohibited; exceptions for enumerated purposes]
Article XI Education, §§ 1 through 3

ALCOHOLIC BEVERAGE CONTROL LAW
Article 5 Special Provisions Relating to Liquor, §§ 64a through 64-d, 65-c

ARTS AND CULTURAL AFFAIRS LAW
Title B Promotion of the Arts
Article 7 New York State Summer School of the Arts, §§ 7.01 through 7.15
Article 8 New York State Writers’ Institute, §§ 8.01 through 8.13
Title L Protection of Child Performers and Models
Article 35 Child Performers and Models, §§ 35.01 through 35.07

CIVIL RIGHTS LAW
Article 4 Equal Rights in Places of Public Accommodation and Amusement, §§ 40, 40-a, 44-a
Article 4-B Rights of Persons with a Disability Accompanied by Guide Dogs, Hearing Dogs or Service Dogs, §§ 47, 47-a

CIVIL SERVICE LAW
Article IV Recruitment of Personnel
Title A Examinations and Eligible Lists, §§ 52, 55-b, 55-c
Article XI Health Benefits for State and Retired State Employees, § 165-a

CRIMINAL PROCEDURE LAW
Part TWO The Principal Proceedings
Title L Sentence
Article 380 Sentencing in General, §§ 380.90 through 380.95
Part THREE Special Proceedings and Miscellaneous Procedures
Title U Special Proceedings Which Replace, Suspend or Abate Criminal Actions, § 720.35

DOMESTIC RELATIONS LAW
Article 13 Provisions Applicable to More Than One Type of Matrimonial Action, § 240

ELECTION LAW
Article 3 Election Officials
Title II Board of Elections, §§ 3-212, 3-224
Title IV Election Inspectors and Poll Clerks, § 3-400
Article 4 Proceedings Preliminary to Registration, Enrollment and Elections, § 4-104
Article 5 Registration and Enrollment of Voters
Title VI Filing and Custody of Registration Records, § 5-612
Article 7 Election Ballot
Title I Form of Ballots, § 7-118
Article 8 Conduct of Elections
Title I Polling Places, §§ 8-104, 8-106

EXECUTIVE LAW
Article 15 Human Rights Law, §§ 291 through 292, 296, 296c through 300
Article 17 Veterans’ Services, § 353-a

GENERAL MUNICIPAL LAW
Article 2 General Municipal Finances, §§ 3, 3-C, 6-d, 6-l, 6-r, 10
Article 3 Report of Financial Condition, §§ 30 through 39
Article 4 Negligence and Malfeasance of Public Officers; Taxpayers’ Remedies, §§ 50 through 55
Article 5 Powers, Limitations and Liabilities, §§ 77, 77-b through 77-d, 88-a, 92, 99-i, 99-p
Article 5-A Public Contracts, §§ 100 through 109-d
Article 9-A Local Option for Conduct of Games of Chance by Certain Organizations, §§ 186, 188 through 189-a, 190 through 190-a, 195-a, 195-k
Article 10 Firefighters and Police Officers, § 208-a
Article 13 Playgrounds and Neighborhood Recreation Centers, § 244-b
Article 14-AA School District Exploration for Natural Gas Fields, § 368
Article 15-C Grievance Procedure for Municipal Employees, §§ 681 through 685
Article 17 Municipal Annexation Law, §§ 712, 715
Article 18 Conflicts of Interest of Municipal Officers and Employees, §§ 800 through 813

INSURANCE LAW
Article 32 Insurance Contracts—life, Accident and Health, Annuities, § 3221
Article 43 Non-Profit Medical and Dental Indemnity, or Health and Hospital Service Corporations, §§ 4303, 4305, 4308

LABOR LAW
Article 4 Employment of Minors, §§ 130 through 156-a
Article 4-A Employment and Education of Child Performers, §§ 150 through 154-a

MENTAL HYGIENE LAW
Title C Developmental Disabilities Act
Article 15 Admission of the Mentally Retarded to Schools, §§ 15.01 through 15.37

MILITARY LAW
Article 9 Armories, § 183

PENAL LAW
Part Three Specific Offenses
Title H Offenses Against the Person Involving Physical Injury, Sexual Conduct, Restraint and Intimidation
Article 120 Assault and Related Offenses, §§ 120.16 through 120.18
Title L Offenses Against Public Administration
Article 195 Official Misconduct and Obstruction of Public Servants Generally, § 195.00
Title M Offenses Against Public Health and Morals
Article 220 Controlled Substances Offenses, § 220.44
Article 230 Prostitution Offenses, §§ 230.03, 230.08, 230.09
Title N Offenses Against Public Order, Public Sensibilities and the Right to Privacy
Article 240 Offenses Against Public Order, §§ 240.35, 240.62
Title O Offenses Against Marriage, The Family, and The Welfare Of Children and Incompetents
Article 260 Offenses Relating to Children, Disabled Persons and Vulnerable Elderly Persons, § 260.10
Title P Offenses Against Public Safety
Article 265 Firearms and Other Dangerous Weapons, §§ 265.01-a, 265.06

PUBLIC HEALTH LAW
Article 2 The Department of Health
Title VI Women&rsquos; Health, § 267
Article 11 Public Water Supplies; Sewerage and Sewage Control
Title I Potable Waters, § 1110
Article 13-E Regulation of Smoking and Vaping in Certain Public Areas, §§ 1399-n through 1399-x
Article 21 Control of Acute Communicable Diseases
Title VI Poliomyelitis and Other Diseases, §§ 2160, 2164, 2165, 2167, 2168
Article 25 Maternal and Child Health
Title I General Provisions, § 2500-h
Title VIII Childhood Obesity Prevention Program, §§ 2599-a through 2599-d
Article 30 Emergency Medical Services, § 3000-c
Article 41 Vital Statistics
Title VII Vital Statistics Records, §§ 4173, 4174

PUBLIC OFFICERS LAW
Article 2 Appointment and Qualification of Public Officers, § 10
Article 3 Creation and Filling of Vacancies, § 30
Article 4 Powers and Duties of Public Officers, § 63
Article 6 Freedom of Information Law, §§ 84 through 90
Article 7 Open Meetings Law, §§ 100 through 111

SOCIAL SERVICES LAW
Article 3 Local Public Welfare Organization; Powers and Duties
Title 5 Records, Reports, Funds and Appropriations, § 95
Article 5 Assistance and Care
Title 11 Medical Assistance for Needy Persons, § 368-d
Article 6 Children
Title 6 Child Protective Services, §§ 413 through 421
Title 11 Education Reform Program, § 458-l

TAX LAW
Article 29 Taxes Authorized for Cities, Counties and School Districts, §§ 1201 through 1264

VEHICLE & TRAFFIC LAW
Title I Words and Phrases Defined
Article 1 Words and Phrases Defined, § 142
Title V Drivers’ Licenses
Article 19-A Special Requirements for Bus Drivers, §§ 509-a through 509-o
Title VII Rules of the Road
Article 29 Special Stops Required, §§ 1170, 1171, 1174
Article 33 Miscellaneous Rules, §§ 1223-a, 1229-b, 1229-d

UNCONSOLIDATED LAWS

EDUCATION

Chapter 91-A State Aid to Nonpublic Schools, §§ 1 through 10
Chapter 91-B Aid to Pupils in Nonpublic Schools, §§ 1 through 11
Chapter 91-C Reimbursement of Nonpublic Schools for Expenses of State Programs, §§ 1 through 9
Chapter 94-B Project for Education of Children with Learning Disabilities, §§ 1, 2
Chapter 96-G Poverty Research and Training Program, §§ 1 through 4

NEW YORK CODES, RULES AND REGULATIONS
Title 8 Education Department
Chapter I Rules of the Board of Regents
Part 7 Teaching Certificates for Public School Service, §§ 7.1 through 7.4
Part 8 Regents Examinations and Other State Assessments, §§ 8.1 through 8.6 1255
Part 14 School Buildings and Grounds, § 14.1
Part 16 Rules Relating to Attendance, §§ 16.1 through 16.2
Part 17 Disciplinary Proceedings in the Professions, §§ 17.1 through 17.9
Part 18 Voluntary Surrender of License, §§ 18.1 through 18.7
Part 19 Education Practices, §§ 19.1 through 19.6
Part 20 Subversive Activities, § 20.1
Part 21 Textbooks, §§ 21.1 through 21.4
Part 23 Commercialism in Public Schools, §§ 23.1 through 23.2
Part 30 Tenure Areas and Annual Professional Performance Reviews for Classroom Teachers and Building Principals, §§ 31-1.1 through 30-3.17
Chapter II Regulations of the Commissioner
Subchapter C Teachers
Part 80 Requirements for Teachers’ Certificates and Teaching Practice, §§ 801.1 through 80-6.10
Part 81 Teacher Resource and Computer Training Centers, §§ 81.1 through 81.3 1409
Part 82 Hearings of Charges Against Employees on Tenure, §§ 82-1.1 through 82-3.12
Part 83 Determination of Good Moral Character, §§ 83.1 through 83.6
Part 84 Access to School Employee Personnel Records, §§ 84.1 through 84.3
Part 85 Mentor Teacher-Internship Program, §§ 85.1 through 85.2
Part 86 Albert Shanker National Board for Professional Teaching Standards Certification Grant Program, §§ 86.1 through 86.5
Part 87 Criminal History Record Check for Prospective School Employees and Applicants for Certification, §§ 87.1 through 87.10
Subchapter E Elementary & secondary education
Part 100 Elementary and Secondary Education School Program, §§ 100.1 through 100.21
Part 102 Elementary and Secondary School Examinations, §§ 102.1 through 102.5
Part 104 Pupil Records, §§ 104.1 through 104.3
Part 105 Appointment of Public Members of Boards of Education of Special Act School Districts, §§ 105.1 through 105.3
Part 107 Safety Education, §§ 107.1 through 107.2
Part 109 Holiday and Religious Observance, §§ 109.1 through 109.2
Part 110 Summer School, §§ 110.1 through 110.5
Part 111 New York State Summer School of the Arts, §§ 111.1 through 111.6
Part 112 Approval of Services Provided by Boards of Cooperative Educational Services, §§ 112.1 through 112.5
Part 113 Powers and Duties of New York City Board of Education in Determining Certain Appeals, §§ 113.1 through 113.26
Part 114 School Food Service Programs, §§ 114.1 through 114.5
Part 115 School District and BOCES Plan, § 115.1
Part 116 Educational Programs and Services for Children in Full-Time Residential Care in Homes or Facilities Operated or Supervised by a State Department or Agency or Political Subdivision, &DBLsecmk;116.1 through 116.6
Part 117 Diagnostic Screening of Pupils, §§ 117.1 through 117.3
Part 118 Instructional Programs for Students Incarcerated in Correctional Facilities Maintained by Counties or the City of New York, §§ 118.1 through 118.8
Part 119 Charter Schools, §§ 119.1 through 119.7
Part 120 School Choice and Supplemental Educational Service Providers, §§ 120.6 through 120.6
Subchapter F Private Schools
Part 125 Voluntary Registration of Nonpublic Nursery Schools and Kindergartens, §§ 125.1 through 125.10
Part 126 Licensed Private Career Schools or Licensed Private Schools, §§ 126.1 through 126.18
Subchapter G Health & Physical Education
Part 135 Health, Physical Education and Recreation, §§ 135.1 through 135.7 1743
Part 136 Health Service, §§ 136.1 through 136.8
Part 137 Educational Use of Hypodermic Syringes and Needles, §§ 137.1 through 137.5
Subchapter I Scholarships & Grants
Part 142 Educating the Gifted and Talented, §§ 142.1 through 142.4
Part 144 Grants to Public School Districts, §§ 144.7 through 144.8
Part 149 Setasides for Compensatory Education, Attendance Improvement and Dropout Prevention and Early Grade Intervention, §§ 149-1.1 through 149-3.5
Part 154 Pupils with Limited English Proficiency, §§ 154.1 through 154-3.4
Subchapter L Finance
Part 170 Financial Accounting in School Districts, §§ 170.1 through 170.13
Part 171 Duties of District Superintendent, §§ 171.1 through 171.2
Part 172 Extraclassroom Activity Funds, §§ 172.1 through 172.5
Part 173 Fees, § 173.1
Part 174 Computation of Tuition Charges, §§ 174.1 through 174.5
Part 175 State Aid, §§ 175.1 through 175.42
Part 176 Apportionment of Funds to Nonpublic Schools, §§ 176.1 through 176.3
Part 177 Provision of Services to Pupils Attending Nonpublic Schools, §§ 177.1 through 177.2
Part 179 Apportionment of Funds to Educational Broadcast Councils, §§ 179.1 through 179.7
Subchapter P Handicapped children
Part 200 Children with Handicapping Conditions, §§ 200.1 through 200.22
Part 201 Procedural Safeguards for Students with Disabilities Subject to Discipline, §§ 201.1 through 201.11
Subchapter T School District Names
Part 240 School District Names, §§ 240.1 through 240.5
Index