School policies and state laws regarding fights or threats of violence on school grounds vary from state to state; from school district to school district; and between public schools, private schools, and charter schools.
School discipline and punishment laws are generally located in a state’s statutes (often in the Education Code) and further defined in a specific school’s policies and procedures. Federal laws may also apply in particular school discipline contexts. And state and federal criminal laws may apply to certain student conduct that occurs on school property or at school-sponsored events.
In New York State, the handling of fights or threats of violence on school grounds is governed by a combination of state statutes, local school district policies, and federal laws. The New York State Education Law, along with the regulations of the New York State Education Department, sets the framework for school discipline and safety. Each school district in New York is required to develop a Code of Conduct that outlines the expectations for student behavior and the consequences for violations, including those related to violence or threats of violence. These codes must comply with the Dignity for All Students Act (DASA), which seeks to provide a safe and supportive school environment free from discrimination and harassment. Additionally, the Gun-Free Schools Act, a federal law, mandates a one-year expulsion for students who bring a firearm to school, subject to certain exceptions. For serious incidents, state and federal criminal laws may also be invoked, and law enforcement may become involved. It's important to note that the specific policies and procedures can vary significantly between public schools, private schools, and charter schools within New York State.