Bill Text: NY S00767 | 2019-2020 | General Assembly | Amended
Bill Title: Relates to school climate and codes of conduct on school property and disciplinary action following violation of such codes of conduct; and makes conforming amendments.
Spectrum: Partisan Bill (Democrat 22-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO EDUCATION [S00767 Detail]
Download: New_York-2019-S00767-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 767--B 2019-2020 Regular Sessions IN SENATE (Prefiled) January 9, 2019 ___________ Introduced by Sens. MONTGOMERY, BAILEY, BENJAMIN, BIAGGI, CARLUCCI, COMRIE, GIANARIS, HARCKHAM, HOYLMAN, JACKSON, KAVANAGH, LIU, MAY, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to school climate and codes of conduct on school property and disciplinary action following violation of such codes of conduct; and to amend the education law, in relation to making conforming amendments The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "Judith 2 Kaye School Solutions not Suspensions Act." 3 § 2. Section 2801 of the education law, as added by chapter 181 of the 4 laws of 2000, subdivision 1 as amended by chapter 402 of the laws of 5 2005, the opening paragraph, paragraph a and paragraph c of subdivision 6 2 and paragraph a of subdivision 5 as amended by chapter 380 of the laws 7 of 2001, paragraphs l and m as amended and paragraph n of subdivision 2 8 as added by chapter 482 of the laws of 2010, and subdivision 3 as 9 amended by chapter 123 of the laws of 2003, is amended to read as 10 follows: 11 § 2801. Codes of conduct on school property. 1. For purposes of this 12 section, school property means in or within any building, structure, 13 athletic playing field, playground, parking lot or land contained within 14 the real property boundary line of a public elementary or secondary 15 school, including a charter school; or in or on a school bus, as defined 16 in section one hundred forty-two of the vehicle and traffic law; [and a] EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02878-11-9S. 767--B 2 1 or a school's electronic files and databases. A school function shall 2 mean a school-sponsored or school-authorized extra-curricular event or 3 activity regardless of where such event or activity takes place, includ- 4 ing any event or activity that may take place in another state. 5 2. The board of education or the trustees[, as defined in section two6of this chapter,] of every school district [within the state, however7created, and every] or the chancellor of the city school district in the 8 case of the city school district of the city of New York, and every 9 board of cooperative educational services and [county vocational exten-10sion board] charter school, shall adopt and amend, as appropriate, a 11 code of conduct for the maintenance of order on school property, includ- 12 ing a school function, which shall promote and sustain a safe, respect- 13 ful, and supportive school environment and govern the conduct of 14 students, teachers and other school personnel as well as visitors and 15 shall provide for the enforcement thereof. Such policy may be adopted by 16 the [school] board of education or trustees, or the chancellor of the 17 city school district in the case of the city school district of the city 18 of New York, or other governing body only after at least one public 19 hearing that provides for the participation of school personnel, 20 parents, students and any other interested parties before its adoption. 21 The school district, board of cooperative educational services, or char- 22 ter school shall notify the school community and general public about 23 the hearing at least fifteen days prior to the date of the hearing. Such 24 notice shall include the date, time, and place of the hearing, the agen- 25 da, a copy of the proposed code of conduct, and information about a 26 public comment period as determined by the school district, board of 27 cooperative educational services, or charter school. The school 28 district, board of cooperative educational services, or charter school 29 shall take necessary steps to notify families who do not speak English 30 and whose children attend a school in the district, a board of cooper- 31 ative educational services, or a charter school. Such code of conduct 32 shall define violations of the code of conduct and set clear expecta- 33 tions for student conduct on school property, including at school func- 34 tions, and shall include, at a minimum: 35 a. provisions regarding conduct, dress and language deemed appropriate 36 and acceptable on school property, including a school function, and 37 conduct, dress and language deemed unacceptable and inappropriate on 38 school property, including a school function[, and]; 39 b. provisions regarding acceptable civil and respectful treatment of 40 teachers, school administrators, other school personnel, students and 41 visitors on school property[, including a] and at school [function] 42 functions, including [the appropriate] a range of age-appropriate gradu- 43 ated and proportionate disciplinary measures which [may be imposed for44violation of such] must be considered in responding to a code violation, 45 and the roles of teachers, administrators, other school personnel, the 46 board of education or trustees, or the chancellor of the city school 47 district in the case of the city school district of the city of New 48 York, or other governing body, and parents. 49 b-1. provisions that require schools to use the least severe action 50 necessary to respond to any violation of the code of conduct before 51 imposing a removal or suspension. Such options may include restorative 52 practices, social and emotional supports, and other interventions. 53 Restorative practices may include class meetings, facilitated circles, 54 conferences, peer mediation, and other interventions that can effec- 55 tively address student misconduct, hold students accountable for their 56 behavior, and foster healthy relationships within the school community.S. 767--B 3 1 No student, however, shall be required to participate in a restorative 2 practice without their consent. Reasonable attempts shall also be made 3 to obtain the consent of their parents or persons in parental relations; 4 [b.] b-2. provisions that prohibit classroom removals and suspensions 5 to respond to tardiness, unexcused absence from class or school, leaving 6 school without permission, violation of school dress code, and lack of 7 identification upon request of school personnel; 8 b-3. provisions that prohibit suspensions for initial or repeated acts 9 of willful disobedience. "Willful disobedience" shall mean disruptive, 10 insubordinate, or rowdy behavior, including behaviors such as the use of 11 foul or inappropriate language, gestures, comments, or refusal to follow 12 directions; 13 c. provisions that prohibit the suspension of students in pre-kinder- 14 garten through grade three, except if suspension is necessary to comply 15 with applicable federal laws; 16 d. standards and procedures to assure security and safety of students 17 and school personnel; 18 [c.] e. provisions for the removal from the classroom and from school 19 property, including a school function, of students and other persons who 20 violate the code of conduct; 21 [d.] f. disciplinary measures to be taken in incidents involving the 22 possession or use of illegal substances or weapons, the use of physical 23 force, vandalism, violation of another student's civil rights and 24 threats of violence; 25 [e.] g. provisions for detention, suspension and removal from the 26 classroom of students, consistent with section thirty-two hundred four- 27 teen of this chapter and other applicable federal, state and local laws 28 [including]; 29 h. provisions for the school authorities to establish policies and 30 procedures to ensure the provision of continued educational programming 31 and activities for students removed from the classroom, placed in 32 detention, or suspended from school. When a student is suspended from 33 school or removed from the classroom, the principal, or the principal's 34 designee, in consultation with the student's teachers, shall, within 35 twenty-four hours, create an education plan for the student for each 36 class in which the student is enrolled, provided that if such twenty- 37 four hour period does not end on a school day, it shall be extended to 38 the corresponding time on the next school day. The education plan shall 39 make provisions for a student's on-going academic instruction during the 40 removal or suspension and shall include the steps the school will take 41 to provide the student with a successful re-entry to school. The student 42 shall have the opportunity to earn all academic credit he or she would 43 have been eligible to earn had he or she been in class, including the 44 opportunity to complete any missed assignments or take any missed exam- 45 inations or assessments during the student's removal or suspension. If 46 an examination or assessment cannot be rescheduled, the student shall be 47 allowed on school property to take such assessment or examination on the 48 day and time that the assessment or examination is given; 49 [f.] i. procedures by which violations of the code of conduct are 50 reported to the appropriate school personnel, the facts are investigated 51 and determined, and discipline measures [imposed and discipline measures52carried out] are determined and implemented; 53 [g.] j. provisions ensuring such code and the enforcement thereof are 54 in compliance with state and federal laws relating to students with 55 disabilities;S. 767--B 4 1 [h. provisions setting forth the procedures by which local law2enforcement agencies shall be notified of code violations which consti-3tute a crime;4i.] k. provisions setting forth the circumstances under and procedures 5 by which parents or persons in parental relation to the student accused 6 of violating the code of conduct shall be notified of such code of 7 conduct violations including notice that any statement by the student, 8 written or oral, may be used against the student in a criminal, immi- 9 gration, or juvenile delinquency investigation and/or proceeding and/or 10 in a court of law; 11 [j.] l. provisions setting forth the circumstances under and proce- 12 dures by which a [complaint in criminal court, a juvenile delinquency13petition] student may be referred to law enforcement, consistent with 14 the provisions of section twenty-eight hundred one-a of this article, or 15 referred for a person in need of supervision petition as defined in 16 articles three and seven of the family court act will be filed; 17 [k.] m. circumstances under and procedures by which [referral to] a 18 student may be referred to academic services, school-based support 19 services, or appropriate human service agencies [shall be made]; and 20 [l. a minimum suspension period, for students who repeatedly are21substantially disruptive of the educational process or substantially22interfere with the teacher's authority over the classroom, provided that23the suspending authority may reduce such period on a case by case basis24to be consistent with any other state and federal law. For purposes of25this section, the definition of "repeatedly are substantially disrup-26tive" shall be determined in accordance with the regulations of the27commissioner;28m. a minimum suspension period for acts that would qualify the pupil29to be defined as a violent pupil pursuant to paragraph a of subdivision30two-a of section thirty-two hundred fourteen of this chapter, provided31that the suspending authority may reduce such period on a case by case32basis to be consistent with any other state and federal law; and] 33 n. provisions to comply with article two of this chapter. 34 3. The [district] code of conduct shall be developed in collaboration 35 with [student, teacher, administrator, and parent organizations] repre- 36 sentatives from interested stakeholders including, but not limited to, 37 students, teachers, administrators, parents, school safety personnel, 38 collective bargaining units, and other school personnel and shall be 39 approved by the board of education or trustees, [or] other governing 40 body, or by the chancellor of the city school district in the case of 41 the city school district of the city of New York. In the city school 42 district of the city of New York, each community district education 43 council shall be authorized to adopt and implement additional policies, 44 which are consistent with the city district's district-wide code of 45 conduct, to reflect the individual needs of each community school 46 district provided that such additional policies shall require the 47 approval of the chancellor. 48 3-a. The board of education or trustees, chancellor of the city school 49 district in the case of the city school district of the city of New 50 York, or other governing body shall provide professional development in 51 accordance with this section for school personnel, law enforcement and 52 public or private security personnel employed, retained or contracted 53 with a school district or charter school regarding the code of conduct, 54 the use of interventions, and graduated and proportionate discipline. 55 4. [The] At the beginning of each school year, the board of education 56 or trustees, chancellor of the city school district in the case of theS. 767--B 5 1 city school district of the city of New York, or other governing body 2 shall: translate the code of conduct into at least the three most 3 commonly spoken languages of the children attending the school district, 4 board of cooperative educational services, or charter school, post the 5 code of conduct on the school district's, charter school's or board of 6 cooperative educational services website, provide copies of a summary of 7 the code of conduct to all students at a general assembly [held at the8beginning of the school year and shall make copies of the code available9to persons in parental relation to students at the beginning of each10school year, and shall] or classroom lesson, mail a plain language 11 summary of such code to all parents or persons in parental relation to 12 students before the beginning of each school year, and make it available 13 thereafter upon request. The board of education or trustees, the chan- 14 cellor of the city school district in the case of the city school 15 district of the city of New York, or other governing body shall take 16 reasonable steps to ensure community awareness of the code of conduct's 17 provisions. 18 5. a. The board of education or trustees, the chancellor of the city 19 school district in the case of the city of New York or other governing 20 body shall annually review and update the district's codes of conduct if 21 necessary, taking into consideration the effectiveness of code of 22 conduct provisions and the fairness and consistency of its adminis- 23 tration. Each school district is authorized to establish a committee and 24 to facilitate the review of the code of conduct and the district's 25 response to code of conduct violations. Any such committee shall be 26 comprised of similar individuals described in subdivision three of this 27 section. The [school] board of education or trustees, the chancellor of 28 the city school district in the case of the city of New York, or other 29 governing body shall reapprove any such updated code only after at least 30 one public hearing that provides for the participation of school person- 31 nel, parents, students and any other interested parties. 32 b. Each district, board of cooperative educational services, and char- 33 ter school shall file a copy of its codes of conduct with the commis- 34 sioner and [all] any amendments to such code shall be filed with the 35 commissioner no later than thirty days after their adoption. 36 § 3. Subdivision 3 of section 2801 of the education law, as added by 37 chapter 181 of the laws of 2000, is amended to read as follows: 38 3. The [district] code of conduct shall be developed in collaboration 39 with [student, teacher, administrator, and parent organizations] repre- 40 sentatives from interested stakeholders including, but not limited to, 41 students, teachers, administrators, parents, school safety personnel, 42 collective bargaining units, and other school personnel and shall be 43 approved by the board of education or trustees, [or] other governing 44 body, or by the chancellor of the city school district in the case of 45 the city school district of the city of New York. In the city school 46 district of the city of New York, each community school district board 47 shall be authorized to adopt and implement additional policies, which 48 are consistent with the city district's district-wide code of conduct, 49 to reflect the individual needs of each community school district 50 provided that such additional policies shall require the approval of the 51 chancellor. 52 § 4. Section 3214 of the education law, as amended by chapter 181 of 53 the laws of 2000, subparagraph 1 of paragraph c of subdivision 3 as 54 amended by chapter 430 of the laws of 2006, paragraphs d and f of subdi- 55 vision 3 as amended by chapter 425 of the laws of 2002, paragraph e of 56 subdivision 3 as amended by chapter 170 of the laws of 2006, paragraph gS. 767--B 6 1 of subdivision 3 as amended by chapter 352 of the laws of 2005, clause 2 (v) of subparagraph 3 of paragraph g of subdivision 3 as amended by 3 chapter 378 of the laws of 2007, paragraphs a, b and c of subdivision 4 3-a as amended by chapter 147 of the laws of 2001 and subdivision 7 as 5 amended by section 9 of part YYY of chapter 59 of the laws of 2017, is 6 amended to read as follows: 7 § 3214. Student placement, suspensions and transfers. 1. [School8delinquent. A minor under seventeen years of age, required by any of the9provisions of part one of this article to attend upon instruction, who10is an habitual truant from such instruction or is irregular in such11attendance or insubordinate or disorderly or disruptive or violent12during such attendance, is a school delinquent.132. Special day schools] Alternative learning schools. The school 14 authorities of any city [or], school district, board of cooperative 15 educational services, or charter school may establish schools or set 16 apart rooms in [public] school buildings or properties for the instruc- 17 tion of [school delinquents] students removed or suspended for 18 violations of the code of conduct, and fix the number of days per week 19 and the hours per day of required attendance and instruction, which 20 shall not be less than is required of minors attending the full time day 21 schools. 22 [2-a. a. Violent pupil. For the purposes of this section, a violent23pupil is an elementary or secondary student under twenty-one years of24age who:25(1) commits an act of violence upon a teacher, administrator or other26school employee;27(2) commits, while on school district property, an act of violence28upon another student or any other person lawfully upon said property;29(3) possesses, while on school district property, a gun, knife,30explosive or incendiary bomb, or other dangerous instrument capable of31causing physical injury or death;32(4) displays, while on school district property, what appears to be a33gun, knife, explosive or incendiary bomb or other dangerous instrument34capable of causing death or physical injury;35(5) threatens, while on school district property, to use any instru-36ment that appears capable of causing physical injury or death;37(6) knowingly and intentionally damages or destroys the personal prop-38erty of a teacher, administrator, other school district employee or any39person lawfully upon school district property; or40(7) knowingly and intentionally damages or destroys school district41property.42b. Disruptive pupil. For the purposes of this section, a disruptive43pupil is an elementary or secondary student under twenty-one years of44age who is substantially disruptive of the educational process or45substantially interferes with the teacher's authority over the class-46room.473.] 2. Suspension of a [pupil] student. a. (1) The board of educa- 48 tion[, board of] or trustees [or sole trustee], the chancellor of the 49 city school district in the case of the city school district of the city 50 of New York, other governing body, the superintendent of schools, 51 district superintendent of schools or principal of a school may suspend 52 [the following pupils] students from required attendance upon instruc- 53 tion[:54A pupil who is insubordinate or disorderly or violent or disruptive,55or whose conduct otherwise endangers the safety, morals, health or56welfare of others] as provided in paragraphs b, c, and d of this subdi-S. 767--B 7 1 vision, in accordance with the code of conduct, provided that the 2 suspension of such student is not prohibited by section twenty-eight 3 hundred one of this chapter. 4 (2) School officials shall weigh the likelihood that a lesser inter- 5 vention or discipline would adequately address the student's misconduct, 6 redress any harm or damage, and prevent future violations of the code of 7 conduct. Suspensions shall only be used as a last resort. 8 (3) The school shall conduct an investigation of any report of a 9 violation of the code of conduct. 10 (4) The school shall inform any student that submission of a written 11 statement is voluntary and that any statement by the student, written or 12 oral, may be used against the student in a criminal, immigration, or 13 juvenile delinquency investigation and/or proceeding and/or in a court 14 of law. If a student has been arrested or if the school is considering 15 referring the student to law enforcement, the school shall not request a 16 statement from such student, except where there is imminent risk of 17 serious physical injury to the student or other person or persons. 18 b. [(1)] In considering appropriate discipline measures, school 19 authorities shall consider the facts of each case, including, but not 20 limited to: 21 (1) the nature and impact of the student's alleged misconduct, includ- 22 ing but not limited to the harm to the student or other persons, damage 23 to personal or school property or threat to the safety and welfare of 24 the school community; 25 (2) the student's age, ability to speak or understand English, phys- 26 ical health, mental health, disabilities, and provisions of an individ- 27 ualized education program as it relates to his or her behavior; 28 (3) the student's willingness to resolve the conflict and repair any 29 harm or damage; 30 (4) the student's prior conduct, the appropriateness of prior inter- 31 ventions, and the effectiveness of any prior interventions; 32 (5) the relationship, if any, between the student's academic placement 33 and program and the alleged violation of the code of conduct; and 34 (6) other factors determined to be relevant. 35 c. The board of education[, board of] or trustees, [or sole trustee,] 36 the chancellor of the city school district in the case of the city 37 school district of the city of New York, other governing body, super- 38 intendent of schools, district superintendent of schools and the princi- 39 pal of the school where the [pupil] student attends shall have the power 40 to suspend a [pupil] student for a period not to exceed five school days 41 provided that the suspension of such student is not prohibited by 42 section twenty-eight hundred one of this chapter. In the case of such a 43 suspension, the suspending authority shall provide the [pupil] student 44 with written notice of the charged misconduct including a brief explana- 45 tion of the basis for the suspension and a description of the alleged 46 behavior that violated the code of conduct that includes the date, time, 47 and place of the scheduled informal conference with the principal, the 48 right to appeal a suspension, and the procedures for appeal. [If the49pupil denies the misconduct, the suspending authority shall provide an50explanation of the basis for the suspension.] The [pupil] student and 51 the parent or person in parental relation to the [pupil] student shall[,52on request,] be given an opportunity for an informal conference with the 53 principal [at which]. At the conference, the [pupil and/or] student and 54 parent or person in parental relation shall be authorized to review all 55 evidence of the alleged misconduct, present the [pupil's] student's 56 version of the event [and], to ask questions of the complainingS. 767--B 8 1 witnesses, and to be represented by an attorney or advocate. The afore- 2 said notice and opportunity for an informal conference shall take place 3 prior to suspension of the [pupil] student unless the [pupil's] 4 student's presence in the school poses a continuing danger to persons or 5 property or an ongoing threat of disruption to the academic process, in 6 which case the [pupil's] student's notice and opportunity for an 7 informal conference shall take place as soon after the suspension begins 8 as is reasonably practicable. 9 [(2) A teacher shall immediately report and refer a violent pupil10principal or superintendent for a violation of the code of conduct and a11minimum suspension period pursuant to section twenty-eight hundred one12of this chapter13c. (1)] d. The board of education or trustees, the chancellor of the 14 city school district in the case of the city school district of the city 15 of New York, other governing body, superintendent of schools, or 16 district superintendent of schools, shall have the power to suspend a 17 student for a period not to exceed twenty school days, provided that the 18 suspension of such student is not prohibited by paragraph c of subdivi- 19 sion two of section twenty-eight hundred one of this chapter. No [pupil] 20 student may be suspended for a period in excess of five school days 21 unless such [pupil] student and the parent or person in parental 22 relation to such [pupil] student shall have had an opportunity for a 23 fair hearing, upon reasonable written notice, [at] which shall include a 24 brief description of the facts upon which the alleged violations of the 25 code of conduct are based, the section of the code of conduct that the 26 student is alleged to have violated, and the date, time and place of the 27 hearing. Prior to the hearing, copies of all evidence regarding the 28 alleged incident shall be provided to the student and parent or person 29 in parental relation to the student. The hearing shall be convened with- 30 in five days of the written notice, unless the parent or person in 31 parental relation to the student or student requests a later date. At 32 the hearing, such [pupil] student shall have the right of representation 33 by [counsel] an attorney or advocate, with the right to request the 34 presence of and question witnesses against such [pupil] student and to 35 request the presence of and present witnesses and other evidence on his 36 or her behalf. Where the [pupil] student is a student with a disability 37 or a student presumed to have a disability, the provisions of paragraph 38 [g] h of this subdivision shall also apply. Where a [pupil] student has 39 been suspended in accordance with this [subparagraph by a] paragraph, 40 the board of education or trustees, the chancellor of the city school 41 district in the case of the city school district of the city of New 42 York, other governing body, superintendent of schools, district super- 43 intendent of schools, or community superintendent[, the superintendent] 44 shall personally hear and determine the proceeding or may, in his or her 45 discretion, designate a hearing officer to conduct the hearing. The 46 entity or individual that conducts the hearing [officer] shall be 47 authorized to administer oaths and to issue subpoenas in conjunction 48 with the proceeding [before him or her]. A record of the hearing shall 49 be maintained, but no stenographic transcript shall be required and [a50tape] an audio recording shall be deemed a satisfactory record. The 51 entity or individual that conducts the hearing [officer] shall make 52 written findings of fact based on a preponderance of the evidence and 53 shall make recommendations as to the appropriate measure of discipline 54 [to the superintendent] if any. The report of the hearing officer shall 55 be advisory only, and the board of education or trustees, the chancellor 56 of the city school district in the case of the city school district ofS. 767--B 9 1 the city of New York, other governing body, superintendent of schools or 2 district superintendent of schools may accept all or any part thereof. 3 [An appeal will lie from the decision of the superintendent to the board4of education who shall make its decision solely upon the record before5it. The board may adopt in whole or in part the decision of the super-6intendent of schools] The board of education or trustees, the chancellor 7 of the city school district in the case of the city school district of 8 the city of New York, other governing body, superintendent of schools, 9 or district superintendent of schools shall issue a written decision to 10 the school and parent or person in parental relation to the student 11 within three days of the hearing. The written decision shall state the 12 length of suspension, if any, findings of fact, reasons for determi- 13 nation, length of suspension, if any, procedures for appeal, and the 14 date by which the appeal shall be filed. Where the basis for the 15 suspension is, in whole or in part, the possession on school grounds or 16 school property by the student of any firearm, rifle, shotgun, dagger, 17 dangerous knife, dirk, razor, stiletto or any of the weapons, instru- 18 ments or appliances specified in subdivision one of section 265.01 of 19 the penal law, the hearing officer or superintendent shall not be barred 20 from considering the admissibility of such weapon, instrument or appli- 21 ance as evidence, notwithstanding a determination by a court in a crimi- 22 nal or juvenile delinquency proceeding that the recovery of such weapon, 23 instrument or appliance was the result of an unlawful search or seizure. 24 [(2) Where a [pupil] student has been suspended in accordance with 25 this section by a board of education, the board may in its discretion 26 hear and determine the proceeding or appoint a hearing officer who shall 27 have the same powers and duties with respect to the board that a hearing 28 officer has with respect to a superintendent where the suspension was 29 ordered by him or her. The findings and recommendations of the hearing 30 officer conducting the proceeding shall be advisory and subject to final 31 action by the board of education, each member of which shall before 32 voting review the testimony and acquaint himself or herself with the 33 evidence in the case. The board may reject, confirm or modify the 34 conclusions of the hearing officer. 35 d.] e. (1) Consistent with the federal gun-free schools act, any 36 public school [pupil] student who is determined under this subdivision 37 to have brought a firearm to or possessed a firearm at a public school 38 shall be suspended for a period of not less than one calendar year and 39 any nonpublic school pupil participating in a program operated by a 40 public school district using funds from the elementary and secondary 41 education act of nineteen hundred sixty-five who is determined under 42 this subdivision to have brought a firearm to or possessed a firearm at 43 a public school or other premises used by the school district to provide 44 such programs shall be suspended for a period of not less than one 45 calendar year from participation in such program. The procedures of this 46 subdivision shall apply to such a suspension of a nonpublic school 47 [pupil] student. A superintendent of schools, district superintendent of 48 schools or community superintendent shall have the authority to modify 49 this suspension requirement for each student on a case-by-case basis. 50 The determination of a superintendent shall be subject to review by the 51 board of education or trustees, other governing body, or the chancellor 52 of the city school district in the case of the city school district of 53 the city of New York, pursuant to paragraph [c] d of this subdivision 54 and the commissioner pursuant to section three hundred ten of this chap- 55 ter. Nothing in this subdivision shall be deemed to authorize the 56 suspension of a student with a disability in violation of the individ-S. 767--B 10 1 uals with disabilities education act or article eighty-nine of this 2 chapter. A superintendent shall refer the [pupil] student under the age 3 of sixteen who has been determined to have brought a weapon or firearm 4 to school in violation of this subdivision to a presentment agency for a 5 juvenile delinquency proceeding consistent with article three of the 6 family court act except a student fourteen or fifteen years of age who 7 qualifies for juvenile offender status under subdivision forty-two of 8 section 1.20 of the criminal procedure law. A superintendent shall refer 9 any [pupil] student sixteen years of age or older or a student fourteen 10 or fifteen years of age who qualifies for juvenile offender status under 11 subdivision forty-two of section 1.20 of the criminal procedure law, who 12 has been determined to have brought a weapon or firearm to school in 13 violation of this subdivision to the appropriate law enforcement offi- 14 cials. 15 (2) Nothing in this paragraph shall be deemed to mandate such action 16 by a school district pursuant to subdivision one of this section where 17 such weapon or firearm is possessed or brought to school with the writ- 18 ten authorization of such educational institution in a manner authorized 19 by article two hundred sixty-five of the penal law for activities 20 approved and authorized by the trustees or board of education or other 21 governing body of the public school and such governing body adopts 22 appropriate safeguards to ensure student safety. 23 (3) As used in this paragraph: 24 (i) "firearm" shall mean a firearm as defined in subsection a of 25 section nine hundred twenty-one of title eighteen of the United States 26 Code; and 27 (ii) "weapon" shall be as defined in paragraph 2 of subsection g of 28 section nine hundred thirty of title eighteen of the United States Code. 29 [e.] f. Procedure after suspension. Where a [pupil] student has been 30 suspended pursuant to this subdivision and said [pupil is of compulsory31attendance age] student has the legal right to attend school, immediate 32 steps shall be taken for his or her attendance upon instruction else- 33 where [or for supervision or detention of said pupil pursuant to the34provisions of article seven of the family court act]. Where a [pupil] 35 student has been suspended for cause, the suspension may be revoked by 36 the board of education or trustees, other governing body, or the chan- 37 cellor of the city school district in the case of the city school 38 district of the city of New York, whenever it appears to be for the best 39 interest of the school and the [pupil] student to do so. The board of 40 education may or trustees, the chancellor of the city school district in 41 the case of the city school district for the city of New York, or other 42 governing body, also condition a student's early return to school and 43 suspension revocation on the [pupil's] student's voluntary participation 44 in counseling or specialized classes, including anger management or 45 dispute resolution, where applicable. 46 [f.] g. Whenever the term "board of education or superintendent of 47 schools" is used in this subdivision, it shall be deemed to include 48 board of trustees, other governing body, the chancellor of the city 49 school district in the case of the city school district for the city of 50 New York, community boards of education and community superintendents 51 governing community districts in accordance with the provisions of arti- 52 cle fifty-two-A of this chapter. 53 [g.] h. Discipline of students with disabilities and students presumed 54 to have a disability for discipline purposes. (1) Notwithstanding any 55 other provision of this subdivision to the contrary, a student with a 56 disability as such term is defined in section forty-four hundred one ofS. 767--B 11 1 this chapter and a student presumed to have a disability for discipline 2 purposes, may be suspended or removed from his or her current educa- 3 tional placement, provided that the suspension of such student is not 4 prohibited by section twenty-eight hundred one of this chapter, for 5 violation of [school rules] the code of conduct only in accordance with 6 the procedures established in this section, the regulations of the 7 commissioner implementing this paragraph, and subsection (k) of section 8 fourteen hundred fifteen of title twenty of the United States code and 9 the federal regulations implementing such statute, as such federal law 10 and regulations are from time to time amended. Nothing in this paragraph 11 shall be construed to confer greater rights on such students than are 12 conferred under applicable federal law and regulations, or to limit the 13 ability of a school district to change the educational placement of a 14 student with a disability in accordance with the procedures in article 15 eighty-nine of this chapter. 16 (2) As used in this paragraph: 17 [(1)] (i) a "student presumed to have a disability for discipline 18 purposes" shall mean a student who the school district is deemed to have 19 knowledge was a student with a disability before the behavior that 20 precipitated disciplinary action under the criteria in subsection (k) 21 (5) of section fourteen hundred fifteen of title twenty of the United 22 States code and the federal regulations implementing such statute; and 23 (ii) a "manifestation team" means a representative of the school 24 district, the parent or person in parental relation, and relevant 25 members of the committee on special education, as determined by the 26 parent or person in parental relation and the district. 27 (3) In applying the federal law consistent with this section: 28 (i) in the event of a conflict between the procedures established in 29 this section and those established in subsection (k) of section fourteen 30 hundred fifteen of title twenty of the United States code and the feder- 31 al regulations implementing such statute, such federal statute and regu- 32 lations shall govern. 33 (ii) the board of trustees or board of education of any school 34 district, other governing body, the chancellor of the city school 35 district of the city of New York, a district superintendent of schools 36 or a building principal shall have authority, provided that suspension 37 of such student is not prohibited by paragraph c of subdivision two of 38 section twenty-eight hundred one of this chapter, to order the placement 39 of a student with a disability into an appropriate interim alternative 40 educational setting, another setting or suspension, provided that the 41 suspension of such student is not prohibited by section twenty-eight 42 hundred one of this chapter, for a period not to exceed five consecutive 43 school days where such student is suspended pursuant to this subdivision 44 and, except as otherwise provided in clause (vi) of this subparagraph, 45 the suspension does not result in a change in placement under federal 46 law. 47 (iii) the superintendent of schools of a school district, either 48 directly or upon recommendation of a hearing officer designated pursuant 49 to paragraph c of this subdivision, may order the placement of a student 50 with a disability into an interim alternative educational setting, 51 another setting or suspension, provided that the suspension of such 52 student is not prohibited by section twenty-eight hundred one of this 53 chapter, for up to ten consecutive school days, inclusive of any period 54 in which the student is placed in an appropriate interim alternative 55 educational setting, another setting or suspension pursuant to clause 56 (ii) of this subparagraph for the behavior, where the superintendentS. 767--B 12 1 determines in accordance with the procedures set forth in this subdivi- 2 sion that the student has engaged in behavior that warrants a suspen- 3 sion, and, except as otherwise provided in clause (vi) of this subpara- 4 graph, the suspension does not result in a change in placement under 5 federal law. 6 (iv) the superintendent of schools of a school district, either 7 directly or upon recommendation of a hearing officer designated pursuant 8 to paragraph c of this subdivision, may order the change in placement of 9 a student with a disability to an interim alternative educational 10 setting for up to forty-five school days under the circumstances speci- 11 fied in subsection (k)(1)(G) of section fourteen hundred fifteen of 12 title twenty of the United States code and the federal regulations 13 implementing such statute or a longer period where authorized by federal 14 law under the circumstances specified in subsection (k)(1)(C) of section 15 fourteen hundred fifteen of title twenty of the United States code and 16 the federal regulations implementing such statute, but in neither case 17 shall such period exceed the period of suspension ordered by a super- 18 intendent in accordance with this subdivision, provided that the suspen- 19 sion of such student is not prohibited by section twenty-eight hundred 20 one of this chapter. 21 (v) the terms "day," "business day," and "school day" shall be as 22 defined in section 300.11 of title thirty-four of the code of federal 23 regulations. 24 (vi) notwithstanding any other provision of this subdivision to the 25 contrary, upon a determination by a manifestation team that the behavior 26 of a student with a disability was not a manifestation of the student's 27 disability, such student may be disciplined pursuant to this section in 28 the same manner and for the same duration as a nondisabled student, 29 except that such student shall continue to receive services to the 30 extent required under federal law and regulations, and such services may 31 be provided in an interim alternative educational setting, provided that 32 the suspension of such student is not prohibited by section twenty-eight 33 hundred one of this chapter. 34 (vii) an impartial hearing officer appointed pursuant to subdivision 35 one of section forty-four hundred four of this chapter may order a 36 change in placement of a student with a disability to an appropriate 37 interim alternative educational setting for not more than forty-five 38 school days under the circumstances specified in subsections (k)(3) and 39 (k)(4) of section fourteen hundred fifteen of title twenty of the United 40 States code and the federal regulations implementing such statutes, 41 provided that such procedure may be repeated, as necessary, provided 42 that the suspension of such student is not prohibited by section twen- 43 ty-eight hundred one of this chapter. 44 (viii) nothing in this section shall be construed to authorize the 45 suspension or removal of a student with a disability from his or her 46 current educational placement for violation of school rules following a 47 determination by a manifestation team that the behavior is a manifesta- 48 tion of the student's disability, except as authorized under federal law 49 and regulations. 50 (ix) the commissioner shall implement this paragraph by adopting regu- 51 lations which coordinate the procedures required for discipline of 52 students with disabilities, and students presumed to have a disability 53 for discipline purposes, pursuant to subsection (k) of section fourteen 54 hundred fifteen of title twenty of the United States code and the feder- 55 al regulations implementing such statute, with the general procedures 56 for student discipline under this section.S. 767--B 13 1 [3-a.] i. When a student is suspended from school consistent with 2 this section and section twenty-eight hundred one of this chapter, the 3 principal, or the principal's designee, in consultation with the 4 student's teachers, shall within twenty-four hours create an education 5 plan for the student for each class in which the student is enrolled, 6 provided that if such twenty-four hour period does not end on a school 7 day, it shall be extended to the corresponding time on the next school 8 day. The education plan shall make provisions for a student's on-going 9 academic instruction during the suspension and shall include the steps 10 the school will take to provide the student with a successful re-entry 11 to school. The student shall have the opportunity to earn all academic 12 credit he or she would have been eligible to earn had he or she been in 13 class, including the opportunity to complete any missed assignments or 14 take any missed examination or assessments during the student's suspen- 15 sion. If an examination or assessment cannot be rescheduled, the student 16 shall be allowed on school property to take such assessment or examina- 17 tion on the day and time that the assessment or examination is given. 18 3. Teacher removal of a [disruptive pupil] student. In addition, any 19 teacher shall have the power and authority to remove a [disruptive pupil20as defined in subdivision two-a of this section,] student from such 21 teacher's classroom consistent with discipline measures contained in the 22 code of conduct adopted by the board pursuant to section twenty-eight 23 hundred one of this chapter. Such classroom removal shall not exceed 24 one-half school day on the same school day. The school authorities of 25 any school district, board of cooperative educational services, or char- 26 ter school shall establish policies and procedures to ensure the 27 provision of continued educational programming and activities for 28 students removed from the classroom pursuant to this subdivision [and29provided further that nothing]. When a student is removed from the 30 classroom, the student shall have the opportunity to earn all academic 31 credit including the opportunity to complete any missed assignments or 32 take any missed examinations or assessments during the student's 33 removal. If an examination or assessment cannot be rescheduled, the 34 student shall be allowed on school property to take such assessment or 35 examination on the day and time that the assessment or examination is 36 given. Nothing in this subdivision shall authorize the removal of a 37 [pupil] student in violation of any state or federal law or regulation. 38 No [pupil] student shall return to the classroom until the principal 39 makes a final determination pursuant to paragraph c of this subdivision, 40 or the period of removal expires, whichever is less. 41 a. Such teacher shall inform the [pupil] student and the school prin- 42 cipal of the reasons for the removal. If the teacher finds that the 43 [pupil's] student's continued presence in the classroom does not pose a 44 continuing danger to persons or property and does not present an ongoing 45 threat of disruption to the academic process, the teacher shall, prior 46 to removing the student from the classroom, provide the student with an 47 explanation of the basis for the removal and allow the [pupil] student 48 to informally present the [pupil's] student's version of relevant 49 events. In all other cases, the teacher shall provide the [pupil] 50 student with an explanation of the basis for the removal and an informal 51 opportunity to be heard within twenty-four hours of the [pupil's] 52 student's removal, provided that if such twenty-four hour period does 53 not end on a school day, it shall be extended to the corresponding time 54 on the next school day. 55 b. The principal shall inform the parent or person in parental 56 relation to such [pupil] student of the removal and the reasons thereforS. 767--B 14 1 within twenty-four hours of the [pupil's] student's removal, provided 2 that if such twenty-four hour period does not end on a school day, it 3 shall be extended to the corresponding time on the next school day. The 4 [pupil] student and the parent or person in parental relation shall, 5 upon request, be given an opportunity for an informal conference with 6 the principal to discuss the reasons for the removal. If the [pupil] 7 student denies the charges, the principal shall provide an explanation 8 of the basis for the removal and allow the [pupil] student and/or person 9 in parental relation to the [pupil] student an opportunity to present 10 the [pupil's] student's version of relevant events. Such informal [hear-11ing] conference shall be held within forty-eight hours of the [pupil's] 12 student's removal, provided that if such forty-eight hour period does 13 not end on a school day, it shall be extended to the corresponding time 14 on the second school day next following the [pupil's] student's removal. 15 For purposes of this subdivision, "school day" shall mean a school day 16 as defined pursuant to clause (v) of subparagraph three of paragraph g 17 of subdivision three of this section. 18 c. The principal shall not set aside the discipline imposed by the 19 teacher unless the principal finds that the charges against the [pupil] 20 student are not supported by substantial evidence or that the [pupil's] 21 student's removal is otherwise in violation of law or that the conduct 22 warrants suspension from school pursuant to this section and a suspen- 23 sion will be imposed. The principal's determination made pursuant to 24 this paragraph shall be made by the close of business on the day 25 succeeding the forty-eight hour period for an informal hearing contained 26 in paragraph b of this subdivision. 27 d. The principal may, in his or her discretion, designate a school 28 district administrator, to carry out the functions required of the prin- 29 cipal under this subdivision. 30 4. Expense. [a.] The expense attending the commitment and costs of 31 maintenance of any [school delinquent] student placed as a result of a 32 finding related to school or educational issues shall be a charge 33 against the city or district where he or she resides, if such city or 34 district employs a superintendent of schools; otherwise it shall be a 35 county charge. 36 [b. The school authorities may institute proceedings before a court37having jurisdiction to determine the liability of a person in parental38relation to contribute towards the maintenance of a school delinquent39under sixteen years of age ordered to attend upon instruction under40confinement. If the court shall find the person in parental relation41able to contribute towards the maintenance of such a minor, it may issue42an order fixing the amount to be paid weekly.] 43 5. Involuntary transfers of [pupils] students who have not been deter- 44 mined to be a student with a disability or a student presumed to have a 45 disability for discipline purposes. 46 a. The board of education[, board of] or trustees [or sole trustee,], 47 the chancellor of the city school district in the case of the city 48 school district of New York, other governing body, the superintendent of 49 schools, or district superintendent of schools may transfer a [pupil] 50 student who has not been determined to be a student with a disability as 51 defined in section forty-four hundred one of this chapter, or a student 52 presumed to have a disability for discipline purposes as defined in 53 paragraph [g] h of subdivision [three] two of this section from regular 54 classroom instruction to an appropriate educational setting in another 55 school upon the written recommendation of the school principal and 56 following independent review thereof. For purposes of this section ofS. 767--B 15 1 the law, "involuntary transfer" does not include a transfer made by a 2 school district as part of a plan to reduce racial imbalance within the 3 schools or as a change in school attendance zones or geographical bound- 4 aries. 5 b. A school principal may initiate a non-requested transfer where it 6 is believed that such a [pupil] student would benefit from the transfer, 7 or when the [pupil] student would receive an adequate and appropriate 8 education in another school program or facility. 9 No recommendation for [pupil] student transfer shall be initiated by 10 the principal until such [pupil] student and a parent or person in 11 parental relation has been sent written notification of the consider- 12 ation of transfer recommendation. Such notice shall set a time and place 13 of an informal conference with the principal and shall inform such 14 parent or person in parental relation and such [pupil] student of their 15 right to be accompanied by counsel or an individual of their choice. 16 c. After the conference and if the principal concludes that the 17 [pupil] student would benefit from a transfer or that the [pupil] 18 student would receive an adequate and appropriate education in another 19 school program or facility, the principal may issue a recommendation of 20 transfer to the superintendent. Such recommendation shall include a 21 description of behavior and/or academic problems indicative of the need 22 for transfer; a description of alternatives explored and prior action 23 taken to resolve the problem. A copy of that letter shall be sent to the 24 parent or person in parental relation and to the [pupil] student. 25 d. Upon receipt of the principal's recommendation for transfer and a 26 determination to consider that recommendation, the superintendent shall 27 notify the parent or person in parental relation and the [pupil] student 28 of the proposed transfer and of their right to a fair hearing as 29 provided in paragraph c of subdivision three of this section and shall 30 list community agencies and free legal assistance which may be of 31 assistance. The written notice shall include a statement that the 32 [pupil] student or parent or person in parental relation has ten days to 33 request a hearing and that the proposed transfer shall not take effect, 34 except upon written parental consent, until the ten day period has 35 elapsed, or, if a fair hearing is requested, until after a formal deci- 36 sion following the hearing is rendered, whichever is later. 37 Parental consent to a transfer shall not constitute a waiver of the 38 right to a fair hearing. 39 6. Transfer of a [pupil] student. Where a suspended [pupil] student 40 is to be transferred pursuant to subdivision five of this section, he or 41 she shall remain on the register of the original school for two school 42 days following transmittal of his or her records to the school to which 43 he or she is to be transferred. The receiving school shall immediately 44 upon receiving those records transmitted by the original school, review 45 them to insure proper placement of the [pupil] student. Staff members 46 who are involved in the [pupil's] student's education must be provided 47 with pertinent records and information relating to the background and 48 problems of the [pupil] student before the [pupil] student is placed in 49 a classroom. 50 7. Transfer of disciplinary records. Notwithstanding any other 51 provision of law to the contrary, each local educational agency, as such 52 term is defined in subsection thirty of section eighty-one hundred one 53 of the Elementary and Secondary Education Act of 1965, as amended, shall 54 establish procedures in accordance with section eighty-five hundred 55 thirty-seven of the Elementary and Secondary Education Act of 1965, as 56 amended, and the Family Educational Rights and Privacy Act of 1974, toS. 767--B 16 1 facilitate the transfer of disciplinary records relating to the suspen- 2 sion or expulsion of a student to any public or nonpublic elementary or 3 secondary school in which such student enrolls or seeks, intends or is 4 instructed to enroll, on a full-time or part-time basis. 5 § 5. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of 6 the education law, as amended by chapter 380 of the laws of 2001, is 7 amended to read as follows: 8 [(1)] d. The board of education or trustees, the chancellor of the 9 city school district in the case of the city school district of the city 10 of New York, other governing body, superintendent of schools, or 11 district superintendent of schools, shall have the power to suspend a 12 student for a period not to exceed twenty school days, provided that the 13 suspension of such student is not prohibited by paragraph c of subdivi- 14 sion two of section twenty-eight hundred one of this chapter. No [pupil] 15 student may be suspended for a period in excess of five school days 16 unless such [pupil] student and the parent or person in parental 17 relation to such [pupil] student shall have had an opportunity for a 18 fair hearing, upon reasonable written notice[, at which] shall include a 19 brief description of the facts upon which the alleged violations of the 20 code of conduct are based, the section of the code of conduct that the 21 student is alleged to have violated, and the date, time and place of the 22 hearing. Prior to the hearing, copies of all evidence regarding the 23 alleged incident shall be provided to the student and parent or person 24 in parental relation to the student. The hearing shall be convened with- 25 in five days of the written notice, unless the parent or person in 26 parental relation to the student or student requests a later date. At 27 the hearing, such [pupil] student shall have the right of representation 28 by [counsel] an attorney or advocate, with the right to request the 29 presence of and to question witnesses against such [pupil] student and 30 to request the presence of and present witnesses and other evidence on 31 his or her behalf. Where a [pupil] student has been suspended in accord- 32 ance with this subdivision [by a], the board of education or trustees, 33 the chancellor of the city school district in the case of the city 34 school district of the city of New York, other governing body, super- 35 intendent of schools, district superintendent of schools, or community 36 superintendent[, the superintendent] shall personally hear and determine 37 the proceeding or may, in his or her discretion, designate a hearing 38 officer to conduct the hearing. The entity or individual that conducts 39 the hearing [officer] shall be authorized to administer oaths and to 40 issue subpoenas in conjunction with the proceeding [before him]. A 41 record of the hearing shall be maintained, but no stenographic tran- 42 script shall be required and [a tape] an audio recording shall be deemed 43 a satisfactory record. The entity or individual that conducts the hear- 44 ing [officer] shall make written findings of fact based on a preponder- 45 ance of the evidence and shall make recommendations as to the appropri- 46 ate measure of discipline [to the superintendent] if any. The report of 47 the hearing officer shall be advisory only, and the board of education 48 or trustees, the chancellor of the city school district in the case of 49 the city school district of the city of New York, other governing body, 50 superintendent of schools or district superintendent of schools may 51 accept all or any part thereof. [An appeal will lie from the decision of52the superintendent to the board of education who shall make its decision53solely upon the record before it. The board may adopt in whole or in54part the decision of the superintendent of schools] The board of educa- 55 tion or trustees, the chancellor of the city school district in the case 56 of the city school district of the city of New York, other governingS. 767--B 17 1 body, superintendent of schools, or district superintendent of schools 2 shall issue a written decision to the school and parent or person in 3 parental relation to the student within three days of the hearing. The 4 written decision shall state the length of suspension, if any, findings 5 of fact, reasons for determination, length of suspension, if any, proce- 6 dures for appeal, and the date by which the appeal shall be filed. 7 Where the basis for the suspension is, in whole or in part, the 8 possession on school grounds or school property by the student of any 9 firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor, stiletto 10 or any of the weapons, instruments or appliances specified in subdivi- 11 sion one of section 265.01 of the penal law, the hearing officer or 12 superintendent shall not be barred from considering the admissibility of 13 such weapon, instrument or appliance as evidence, notwithstanding a 14 determination by a court in a criminal or juvenile delinquency proceed- 15 ing that the recovery of such weapon, instrument or appliance was the 16 result of an unlawful search or seizure. 17 § 6. Paragraphs d and f of subdivision 3 of section 3214 of the educa- 18 tion law, as amended by chapter 181 of the laws of 2000, are amended to 19 read as follows: 20 [d.] e. Consistent with the federal gun-free schools act of nineteen 21 hundred ninety-four, any public school [pupil] student who is determined 22 under this subdivision to have brought a weapon to school shall be 23 suspended for a period of not less than one calendar year and any 24 nonpublic school [pupil] student participating in a program operated by 25 a public school district using funds from the elementary and secondary 26 education act of nineteen hundred sixty-five who is determined under 27 this subdivision to have brought a weapon to a public school or other 28 premises used by the school district to provide such programs shall be 29 suspended for a period of not less than one calendar year from partic- 30 ipation in such program. The procedures of this subdivision shall apply 31 to such a suspension of a nonpublic school [pupil] student. A super- 32 intendent of schools, district superintendent of schools or community 33 superintendent shall have the authority to modify this suspension 34 requirement for each student on a case-by-case basis. The determination 35 of a superintendent shall be subject to review by the board of education 36 or trustees, other governing body, or the chancellor of the city school 37 district in the case of the city school district of the city of New 38 York, pursuant to paragraph c of this subdivision and the commissioner 39 pursuant to section three hundred ten of this chapter. Nothing in this 40 subdivision shall be deemed to authorize the suspension of a student 41 with a disability in violation of the individuals with disabilities 42 education act or article eighty-nine of this chapter. A superintendent 43 shall refer the [pupil] student under the age of sixteen who has been 44 determined to have brought a weapon to school in violation of this 45 subdivision to a presentment agency for a juvenile delinquency proceed- 46 ing consistent with article three of the family court act except a 47 student fourteen or fifteen years of age who qualifies for juvenile 48 offender status under subdivision forty-two of section 1.20 of the crim- 49 inal procedure law. A superintendent shall refer any [pupil] student 50 sixteen years of age or older or a student fourteen or fifteen years of 51 age who qualifies for juvenile offender status under subdivision forty- 52 two of section 1.20 of the criminal procedure law, who has been deter- 53 mined to have brought a weapon to school in violation of this subdivi- 54 sion to the appropriate law enforcement officials. 55 [f.] g. Whenever the term "board of education or superintendent of 56 schools" is used in this subdivision, it shall be deemed to includeS. 767--B 18 1 board of trustees, other governing body, the chancellor of the city 2 school district in the case of the city school district for the city of 3 New York, community boards of education and community superintendents 4 governing community districts in accordance with the provisions of arti- 5 cle fifty-two-A of this chapter. For the purpose of this subdivision, 6 the term "weapon" means a firearm as such term is defined in section 7 nine hundred twenty-one of title eighteen of the United States code. 8 § 7. Paragraph g of subdivision 3 of section 3214 of the education 9 law, as amended by chapter 181 of the laws of 2000, clause (ii) of 10 subparagraph 3 as amended by chapter 380 of the laws of 2001, is amended 11 to read as follows: 12 [g.] h. Discipline of students with disabilities and students presumed 13 to have a disability for discipline purposes. (1) Notwithstanding any 14 other provision of this subdivision to the contrary, a student with a 15 disability as such term is defined in section forty-four hundred one of 16 this chapter and a student presumed to have a disability for discipline 17 purposes, may be suspended or removed from his or her current educa- 18 tional placement, provided that the suspension of such student is not 19 prohibited by section twenty-eight hundred one of this chapter, for 20 violation of school rules only in accordance with the procedures estab- 21 lished in this section, the regulations of the commissioner implementing 22 this paragraph, and subsection (k) of section fourteen hundred fifteen 23 of title twenty of the United States code and the federal regulations 24 implementing such statute, as such federal law and regulations are from 25 time to time amended. Nothing in this paragraph shall be construed to 26 confer greater rights on such students than are conferred under applica- 27 ble federal law and regulations, or to limit the ability of a school 28 district to change the educational placement of a student with a disa- 29 bility in accordance with the procedures in article eighty-nine of this 30 chapter. 31 (2) As used in this paragraph, a "student presumed to have a disabili- 32 ty for discipline purposes" shall mean a student who the school district 33 is deemed to have knowledge was a student with a disability before the 34 behavior that precipitated disciplinary action under the criteria in 35 subsection (k)(8) of section fourteen hundred fifteen of title twenty of 36 the United States code and the federal regulations implementing such 37 statute. 38 (3) In applying the federal law consistent with this section: 39 (i) in the event of a conflict between the procedures established in 40 this section and those established in subsection (k) of section fourteen 41 hundred fifteen of title twenty of the United States code and the feder- 42 al regulations implementing such statute, such federal statute and regu- 43 lations shall govern. 44 (ii) the board of trustees or board of education of any school 45 district, other governing body, the chancellor of the city school 46 district in the case of the city school district of the city of New 47 York, a district superintendent of schools or a building principal shall 48 have authority, provided that the suspension of such student is not 49 prohibited by section twenty-eight hundred one of this chapter, to order 50 the placement of a student with a disability into an appropriate interim 51 alternative educational setting, another setting or suspension for a 52 period not to exceed five consecutive school days where such student is 53 suspended pursuant to this subdivision and, except as otherwise provided 54 in clause (vi) of this subparagraph, the suspension does not result in a 55 change in placement under federal law.S. 767--B 19 1 (iii) the superintendent of schools of a school district, either 2 directly or upon recommendation of a hearing officer designated pursuant 3 to paragraph c of this subdivision, may order the placement of a student 4 with a disability into an interim alternative educational setting, 5 another setting or suspension for up to ten consecutive school days, 6 inclusive of any period in which the student is placed in an appropriate 7 interim alternative educational placement, another setting or suspension 8 pursuant to clause (ii) of this subparagraph for the behavior, where the 9 superintendent determines in accordance with the procedures set forth in 10 this subdivision that the student has engaged in behavior that warrants 11 a suspension, and, except as otherwise provided in clause (vi) of this 12 subparagraph, the suspension does not result in a change in placement 13 under federal law, provided that the suspension of such student is not 14 prohibited by section twenty-eight hundred one of this chapter. 15 (iv) the superintendent of schools of a school district, either 16 directly or upon recommendation of a hearing officer designated pursuant 17 to paragraph c of this subdivision, may order the change in placement of 18 a student with a disability to an interim alternative educational 19 setting for up to forty-five days, but not to exceed the period of 20 suspension ordered by a superintendent in accordance with this subdivi- 21 sion, under the circumstances specified in subsection (k)(1) of section 22 fourteen hundred fifteen of title twenty of the United States code and 23 the federal regulations implementing such statute, provided that the 24 suspension of such student is not prohibited by section twenty-eight 25 hundred one of this chapter. 26 (v) the terms "day," "business day," and "school day" shall be as 27 defined in section 300.9 of title thirty-four of the code of federal 28 regulations. 29 (vi) notwithstanding any other provision of this subdivision to the 30 contrary, upon a determination by the committee on special education 31 that the behavior of a student with a disability was not a manifestation 32 of the student's disability, such student may be disciplined pursuant to 33 this section in the same manner as a nondisabled student, except that 34 such student shall continue to receive services to the extent required 35 under federal law and regulations, provided that the suspension of such 36 student is not prohibited by section twenty-eight hundred one of this 37 chapter. 38 (vii) an impartial hearing officer appointed pursuant to subdivision 39 one of section forty-four hundred four of this chapter may order a 40 change in placement of a student with a disability to an appropriate 41 interim alternative educational setting for not more than forty-five 42 days under the circumstances specified in subsections (k)(2) and (k)(7) 43 of section fourteen hundred fifteen of title twenty of the United States 44 code and the federal regulations implementing such statutes, provided 45 that such procedure may be repeated, as necessary, provided that the 46 suspension of such student is not prohibited by section twenty-eight 47 hundred one of this chapter. 48 (viii) nothing in this section shall be construed to authorize the 49 suspension or removal of a student with a disability from his or her 50 current educational placement for violation of school rules following a 51 determination by the committee on special education that the behavior is 52 a manifestation of the student's disability, except as authorized under 53 federal law and regulations. 54 (ix) the commissioner shall implement this paragraph by adopting regu- 55 lations which coordinate the procedures required for discipline of 56 students with disabilities, and students presumed to have a disabilityS. 767--B 20 1 for discipline purposes, pursuant to subsection (k) of section fourteen 2 hundred fifteen of title twenty of the United States code and the feder- 3 al regulations implementing such statute, with the general procedures 4 for student discipline under this section. 5 § 8. Paragraphs a, b and c of subdivision 3-a of section 3214 of the 6 education law, as added by chapter 181 of the laws of 2000, are amended 7 to read as follows: 8 a. Such teacher shall inform the [pupil] student and the school prin- 9 cipal of the reasons for the removal. If the teacher finds that the 10 [pupil's] student's continued presence in the classroom does not pose a 11 continuing danger to persons or property and does not present an ongoing 12 threat of disruption to the academic process, the teacher shall, prior 13 to removing the student from the classroom, provide the student with an 14 explanation of the basis for the removal and allow the [pupil] student 15 to informally present the [pupil's] student's version of relevant 16 events. In all other cases, the teacher shall provide the [pupil] 17 student with an explanation of the basis for the removal and an informal 18 opportunity to be heard within twenty-four hours of the [pupil's] 19 student's removal. 20 b. The principal shall inform the parent or person in parental 21 relation to such [pupil] student of the removal and the reasons therefor 22 within twenty-four hours of the [pupil's] student's removal. The [pupil] 23 student and the parent or person in parental relation shall, upon 24 request, be given an opportunity for an informal conference with the 25 principal to discuss the reasons for the removal. If the [pupil] student 26 denies the charges, the principal shall provide an explanation of the 27 basis for the removal and allow the [pupil] student and/or parent or 28 person in parental relation to the [pupil] student an opportunity to 29 present the [pupil's] student's version of relevant events. Such 30 informal [hearing] conference shall be held within forty-eight hours of 31 the [pupil's] student's removal. 32 c. The principal shall not set aside the discipline imposed by the 33 teacher unless the principal finds that the charges against the [pupil] 34 student are not supported by substantial evidence or that the [pupil's] 35 student's removal is otherwise in violation of law or that the conduct 36 warrants suspension from school pursuant to this section and a suspen- 37 sion will be imposed. The principal's determination made pursuant to 38 this paragraph shall be made by the close of business on the day 39 succeeding the forty-eight hour period for an informal hearing contained 40 in paragraph b of this subdivision. 41 § 9. This act shall take effect September 1, 2020; provided, however 42 that: 43 a. the amendments to subdivision 3 of section 2801 of the education 44 law made by section two of this act shall be subject to the expiration 45 and reversion of such subdivision pursuant to section 34 of chapter 91 46 of the laws of 2002, as amended, when upon such date the provisions of 47 section three of this act shall take effect; 48 b. the amendments to subparagraph 1 of paragraph c of subdivision 3 of 49 section 3214 of the education law made by section four of this act shall 50 be subject to the expiration and reversion of such subparagraph pursuant 51 to subdivision (a) of section 8 of chapter 430 of the laws of 2006, as 52 amended, when upon such date the provisions of section five of this act 53 shall take effect; 54 c. the amendments to paragraphs d and f of subdivision 3 of section 55 3214 of the education law made by section four of this act shall be 56 subject to the expiration and reversion of such paragraphs pursuant toS. 767--B 21 1 section 4 of chapter 425 of the laws of 2002, as amended, when upon such 2 date the provisions of section six of this act shall take effect; 3 d. the amendments to paragraph g of subdivision 3 of section 3214 of 4 the education law made by section four of this act shall be subject to 5 the expiration and reversion of such paragraph pursuant to section 22 of 6 chapter 352 of the laws of 2005, as amended, when upon such date the 7 provisions of section seven of this act shall take effect; 8 e. the amendments to paragraphs a, b and c of subdivision 3-a of 9 section 3214 of the education law made by section four of this act shall 10 be subject to the expiration and reversion of such paragraphs pursuant 11 to section 12 of chapter 147 of the laws of 2001, as amended, when upon 12 such date the provisions of section eight of this act shall take effect; 13 and 14 f. the amendments to subdivision 7 of section 3214 of the education 15 law, made by section four of this act, shall not affect the repeal of 16 such subdivision and shall be deemed repealed therewith.