Bill Text: NY S01040 | 2023-2024 | 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; makes conforming amendments.
Spectrum: Partisan Bill (Democrat 28-0)
Status: (Introduced) 2024-01-03 - REFERRED TO EDUCATION [S01040 Detail]
Download: New_York-2023-S01040-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1040--A 2023-2024 Regular Sessions IN SENATE January 9, 2023 ___________ Introduced by Sens. JACKSON, BRISPORT, BAILEY, BROUK, CHU, CLEARE, COMRIE, COONEY, FERNANDEZ, GIANARIS, GONZALEZ, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, KAVANAGH, LIU, MAY, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, THOMAS, WEBB -- 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 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; to amend chapter 123 of the laws of 2003 amending the education law relating to establishing the commu- nity district education council within the New York city community school district system, in relation to the effectiveness thereof; to amend chapter 430 of the laws of 2006, amending the education law relating to implementation of the federal individuals with disabili- ties education improvement act of 2004, in relation to the effective- ness thereof; to amend chapter 352 of the laws of 2005, amending the education law relating to implementation of the federal individuals with disabilities education improvement act of 2004, in relation to the effectiveness thereof; and to amend chapter 378 of the laws of 2007, amending the education law relating to implementation of the federal individuals with disabilities education improvement act of 2004, in relation to the effectiveness thereof 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02392-11-3S. 1040--A 2 1 of 2001, paragraphs l and m as amended and paragraph n of subdivision 2 2 as added by chapter 482 of the laws of 2010, and subdivision 3 as 3 amended by chapter 123 of the laws of 2003, is amended to read as 4 follows: 5 § 2801. Codes of conduct on school property. 1. Notwithstanding any 6 provision of law, rule or regulation to the contrary, this section shall 7 apply to all public schools in the state. For purposes of this section, 8 school property means in or within any building, structure, athletic 9 playing field, playground, parking lot or land contained within the real 10 property boundary line of [a] all public elementary or secondary 11 [school] schools; or in or on a school bus, as defined in section one 12 hundred forty-two of the vehicle and traffic law; [and a] or a school's 13 electronic files and databases. A school function shall mean a school- 14 sponsored or school-authorized extra-curricular event or activity 15 regardless of where such event or activity takes place, including any 16 event or activity that may take place in another state. 17 2. The board of education or the trustees[, as defined in section two18of this chapter,] of every public school or school district [within the19state, however created, and every] or the chancellor of the city school 20 district in the case of the city school district of the city of New 21 York, and every board of cooperative educational services [and county22vocational extension board], shall adopt and amend, as appropriate, a 23 code of conduct for the maintenance of order on school property, includ- 24 ing a school function, which shall promote and sustain a safe, respect- 25 ful, and supportive school environment and govern the conduct of 26 students, teachers and other school personnel as well as visitors and 27 shall provide for the enforcement thereof. Such policy may be adopted by 28 the [school] board of education or trustees, or the chancellor of the 29 city school district in the case of the city school district of the city 30 of New York only after at least one public hearing that provides for the 31 participation of school personnel, parents, students and any other 32 interested parties before its adoption. The school district or public 33 school, or board of cooperative educational services shall notify the 34 school community and general public about the hearing at least fifteen 35 days prior to the date of the hearing. Such notice shall include the 36 date, time, and place of the hearing, the agenda, a copy of the proposed 37 code of conduct, and information about a public comment period as deter- 38 mined by the school district or public school, or board of cooperative 39 educational services. The school district or public school, or board of 40 cooperative educational services shall take necessary steps to notify 41 families who do not speak English and whose children attend a school in 42 the district or public school, or a board of cooperative educational 43 services. Such code of conduct shall define violations of the code of 44 conduct and set clear expectations for student conduct on school proper- 45 ty, including at school functions, and shall include, at a minimum: 46 a. [provisions] Acceptable and unacceptable behavior. Provisions 47 detailing acceptable and unacceptable behavior in schools shall include 48 behavior: 49 (i) regarding conduct, dress and language deemed appropriate and 50 acceptable on school property, including a school function, and conduct, 51 dress and language deemed unacceptable and inappropriate on school prop- 52 erty, including a school function[,]; and 53 [provisions] (ii) regarding acceptable civil and respectful treatment 54 of teachers, school administrators, other school personnel, students and 55 visitors on school property[, including a] and at school [function,56including the appropriate range of disciplinary measures which may beS. 1040--A 3 1imposed for violation of such code, and the roles of teachers, adminis-2trators, other school personnel, the board of education and parents;] 3 functions. 4 b. Disciplinary measures and strategies. Provisions detailing disci- 5 plinary measures shall: 6 (i) be age-appropriate, graduated, and proportionate to respond to any 7 violation of the code of conduct before imposing a removal or suspen- 8 sion, unless the conduct falls under an exception to the prohibition of 9 suspension described in paragraph c of this subdivision, and the build- 10 ing administrator shall consult with a school psychologist or other 11 mental health professional, where available, to determine age appropri- 12 ate supports and interventions for the student for removal, detention, 13 or suspension; 14 (ii) consider the student as a whole including life inside and 15 outside of school that may impact behavior such as food insecurity, 16 homelessness, bullying, lack of school supplies, abuse, hygiene access, 17 and other issues that may occur in or out of school; 18 (iii) utilize multi-tiered systems of support and positive behavioral 19 interventions, including: 20 (1) use the least severe action necessary to respond to any violation 21 of the code of conduct before imposing a removal or suspension; and 22 (2) schools may also utilize restorative practices, social and 23 emotional learning, therapeutic crisis interventions, counseling, de-es- 24 calation, collaborative problem-solving, conflict mediation or resol- 25 ution strategies, engagement with families, class meetings, facilitated 26 circles, conferences, peer mediation, and other interventions; 27 (iv) ensure any disciplinary strategies used shall provide students 28 with the opportunity to hold themselves accountable for their behavior 29 and repair any harm, this may include strategies to build community, 30 strengthen relationships, and allow students to remedy harm through 31 community service with consent of their parents or persons in parental 32 relations. 33 c. Suspension provisions. Provisions detailing school suspensions 34 shall: 35 (i) prohibit the suspension of students in pre-kindergarten through 36 grade three, unless the student's conduct falls under an exception, 37 suspensions shall be no more than five days, requiring superintendent 38 approval prior to suspension, exceptions to pre-kindergarten through 39 grade three suspension prohibition are as follows: 40 (1) the student's conduct caused intentional harm to themselves, other 41 students, or staff; 42 (2) the student's conduct falls under an exception to prohibition of 43 suspension pursuant to subparagraph (ix) of this paragraph; 44 (3) the student's conduct puts the health and safety of the school 45 community at risk as determined by the school administrator, utilizing 46 the guidance developed by the commissioner; and 47 (4) suspension is necessary to comply with applicable federal laws; 48 (ii) prohibit suspensions for initial acts of disobedience, except 49 when the behavior rises to a level of conduct described in exceptions to 50 prohibition of suspension pursuant to subparagraph (ix) of this para- 51 graph. "Acts of disobedience" shall mean disruptive, insubordinate, or 52 rowdy behavior, including behaviors such as the use of foul or inappro- 53 priate language, gestures, comments, or refusal to follow directions; 54 (iii) prohibit suspensions to respond to tardiness, unexcused absence 55 from class or school, leaving school without permission, and violation 56 of school dress code;S. 1040--A 4 1 (iv) require schools to make a good faith effort to meet with the 2 parents to develop and implement interventions and a re-entry plan for 3 all school suspensions, this includes making several attempts to contact 4 the parent, provide remote options to parents, and consider the parent's 5 schedule; 6 (v) provide that suspensions may be invoked for behavior that does not 7 fall under an exception to prohibition of suspension pursuant to this 8 subdivision if it is determined that it is the only available remedy to 9 prevent reoccurrence and that prior available interventions have not 10 been effective; 11 (vi) provide for the removal from the classroom and from school prop- 12 erty, including a school function, of students and other persons who 13 violate the code of conduct; 14 (vii) provide for detention, suspension and removal from the classroom 15 of students, consistent with section thirty-two hundred fourteen of this 16 chapter and other applicable federal, state and local laws; 17 (viii) establish disciplinary measures to be taken in incidents 18 involving the possession or use of illegal substances or weapons, the 19 use of physical force, vandalism, violation of another student's civil 20 rights and threats of violence; 21 (ix) include exceptions to all prohibitions or limitations of suspen- 22 sion described in this section which shall only include conduct as 23 follows: 24 (1) conduct which causes a serious disruption that cannot be addressed 25 through other means, and several other graduated disciplinary measures 26 have already been attempted; 27 (2) conduct which causes damage or injury to school property; 28 (3) possession or distribution of tobacco, alcohol, drugs or other 29 illegal substances; 30 (4) conduct which is of a violent or sexual nature that endangers 31 others; 32 (5) use of threats, intimidation, harassment or coercion against a 33 student or a school employee, including acts prohibited pursuant to the 34 dignity for all students act in section twelve of this chapter; 35 (6) assault of a school employee or another student; 36 (7) intentional attempts, by word or conduct, to place a school 37 employee or another student in fear of imminent serious physical injury; 38 or 39 (8) is necessary to comply with applicable federal laws. 40 d. Code of conduct and disciplinary procedures. School authorities 41 shall establish: 42 (i) standards and procedures to assure security and safety of students 43 and school personnel; 44 [c. provisions for the removal from the classroom and from school45property, including a school function, of students and other persons who46violate the code;47d. disciplinary measures to be taken in incidents involving the48possession or use of illegal substances or weapons, the use of physical49force, vandalism, violation of another student's civil rights and50threats of violence;51e. provisions for detention, suspension and removal from the classroom52of students, consistent with section thirty-two hundred fourteen of this53chapter and other applicable federal, state and local laws including54provisions for the school authorities to establish] (ii) policies and 55 procedures to ensure the provision of continued educational programmingS. 1040--A 5 1 and activities for students removed from the classroom, placed in 2 detention, or suspended from school, which shall include: 3 (1) an education plan that the principal, or the principal's designee, 4 in consultation with the student's teachers, shall create for the 5 student for each class in which the student is enrolled. The education 6 plan shall make provisions for a student's on-going academic instruction 7 during the removal or suspension and shall include the steps the school 8 will take to provide the student with a successful re-entry to school. 9 The student shall have the opportunity to earn all academic credit they 10 would have been eligible to earn had the student been in class, includ- 11 ing the opportunity to complete any missed assignments or take any 12 missed examinations or assessments during the student's removal or 13 suspension; 14 (2) procedures for when an examination or assessment cannot be 15 rescheduled, the student shall be allowed on school property to take 16 such assessment or examination on the day and time that the assessment 17 or examination is given, unless the student presents a risk to the 18 health and safety of the school community, then alternative spaces may 19 be used as described in section thirty-two hundred fourteen of this 20 chapter; and 21 (3) policies on the timeframe an educational plan shall be completed 22 and implemented, this shall be within a reasonable and expeditious time- 23 frame to mitigate learning loss in accordance with the length of the 24 suspension, provided that the education plan is delivered to the student 25 no later than forty-eight hours after the start of suspension; 26 [f.] (iii) procedures by which violations of the code of conduct are 27 reported to the appropriate school personnel, the facts are investigated 28 and determined, and discipline measures [imposed and discipline measures29carried out] are determined and implemented; 30 [g.] (iv) provisions ensuring such code and the enforcement thereof 31 are in compliance with state and federal laws relating to students with 32 disabilities; 33 [h.] (v) provisions setting forth the procedures by which local law 34 enforcement agencies shall be notified of code violations which consti- 35 tute a crime; 36 [i.] (vi) provisions setting forth the circumstances under and proce- 37 dures by which parents or persons in parental relation to the student 38 accused of violating the code of conduct shall be notified of such code 39 of conduct violations including notice that any statement by the 40 student, written or oral, may be used against the student in a criminal, 41 immigration, or juvenile delinquency investigation and/or proceeding 42 and/or in a court of law; 43 [j.] (vii) provisions setting forth the circumstances under and proce- 44 dures by which a [complaint in criminal court, a juvenile delinquency45petition] student may be referred to law enforcement, consistent with 46 the provisions of section twenty-eight hundred one-a of this article, or 47 referred for a person in need of supervision petition as defined in 48 articles three and seven of the family court act will be filed; 49 [k.] (viii) circumstances under and procedures by which [referral to] 50 a student may be referred to academic services, school-based support 51 services, or appropriate human service agencies [shall be made]; and 52 [l. a minimum suspension period, for students who repeatedly are53substantially disruptive of the educational process or substantially54interfere with the teacher's authority over the classroom, provided that55the suspending authority may reduce such period on a case by case basis56to be consistent with any other state and federal law. For purposes ofS. 1040--A 6 1this section, the definition of "repeatedly are substantially disrup-2tive" shall be determined in accordance with the regulations of the3commissioner;4m. a minimum suspension period for acts that would qualify the pupil5to be defined as a violent pupil pursuant to paragraph a of subdivision6two-a of section thirty-two hundred fourteen of this chapter, provided7that the suspending authority may reduce such period on a case by case8basis to be consistent with any other state and federal law; and9n.] (ix) provisions to comply with article two of this chapter. 10 3. The [district] code of conduct shall be developed in collaboration 11 with [student, teacher, administrator, and parent organizations] repre- 12 sentatives from interested stakeholders including, but not limited to, 13 students, teachers, administrators, parents, school safety personnel, 14 collective bargaining units representing teachers, school-related 15 professionals, and the principals, and other school personnel and shall 16 be approved by the board of education or trustees, [or other governing17body,] or by the chancellor of the city school district in the case of 18 the city school district of the city of New York. In the city school 19 district of the city of New York, each community district education 20 council shall be authorized to adopt and implement additional policies, 21 which are consistent with the city district's district-wide code of 22 conduct, to reflect the individual needs of each community school 23 district provided that such additional policies shall require the 24 approval of the chancellor. 25 3-a. The board of education or trustees, the chancellor of the city 26 school district in the case of the city school district of the city of 27 New York shall provide professional development in accordance with this 28 section for school personnel, law enforcement and public or private 29 security personnel employed, retained or contracted with a school 30 district or public school regarding the code of conduct, the use of 31 multi-tiered systems of support, positive behavioral interventions, and 32 age-appropriate graduated and proportionate discipline, which may 33 include implicit bias training, according to collective bargaining 34 agreements. 35 4. [The] At the beginning of each school year, the board of education 36 or trustees, the chancellor [or other governing body] of the city school 37 district in the case of the city school district of the city of New 38 York, shall: translate the code of conduct into at least the three most 39 commonly spoken languages of the children attending the school district, 40 board of cooperative educational services, or public school, post the 41 code of conduct on the school district's, public school's or board of 42 cooperative educational services website, provide copies of a summary of 43 the code of conduct to all students at a general assembly [held at the44beginning of the school year and shall make copies of the code available45to persons in parental relation to students at the beginning of each46school year, and shall] or classroom lesson, mail a plain language 47 summary of such code to all parents or persons in parental relation to 48 students before the beginning of each school year, and make it available 49 thereafter upon request. The board of education or trustees, the chan- 50 cellor of the city school district in the case of the city school 51 district of the city of New York, or other governing body shall take 52 reasonable steps to ensure community awareness of the code of conduct's 53 provisions. 54 5. a. The board of education or trustees, or the chancellor [or other55governing body] of the city school district in the case of the city 56 school district of the city of New York shall annually review and updateS. 1040--A 7 1 the district's codes of conduct if necessary, taking into consideration 2 the effectiveness of code of conduct provisions and the fairness and 3 consistency of its administration. Each school district is authorized to 4 establish a committee and to facilitate the review of the code of 5 conduct and the district's response to code of conduct violations. Any 6 such committee shall be comprised of similar individuals described in 7 subdivision three of this section. The [school] board of education or 8 trustees, the chancellor of the city school district in the case of the 9 city of New York, or other governing body shall reapprove any such 10 updated code only after at least one public hearing that provides for 11 the participation of school personnel, parents, students and any other 12 interested parties. 13 b. Each district or public school, or board of cooperative educational 14 services shall file a copy of its codes of conduct with the commissioner 15 and [all] any amendments to such code shall be filed with the commis- 16 sioner no later than thirty days after their adoption. 17 § 3. Section 17 of chapter 123 of the laws of 2003 amending the educa- 18 tion law relating to establishing the community district education coun- 19 cil within the New York city community school district system, is 20 amended to read as follows: 21 § 17. This act shall take effect immediately; provided, however, that 22 [the provisions] sections one through twelve, fourteen and fifteen of 23 this act shall be deemed repealed on the same date as sections 1 through 24 20, 24 and 26 through 30 of chapter 91 of the laws of 2002. 25 § 4. Section 3214 of the education law, as amended by chapter 181 of 26 the laws of 2000, subparagraph 1 of paragraph c of subdivision 3 as 27 amended by chapter 430 of the laws of 2006, paragraphs d and f of subdi- 28 vision 3 as amended by chapter 425 of the laws of 2002, paragraph e of 29 subdivision 3 as amended by chapter 170 of the laws of 2006, paragraph g 30 of subdivision 3 as amended by chapter 352 of the laws of 2005, clause 31 (v) of subparagraph 3 of paragraph g of subdivision 3 as amended by 32 chapter 378 of the laws of 2007, paragraphs a, b and c of subdivision 33 3-a as amended by chapter 147 of the laws of 2001 and subdivision 7 as 34 amended by section 9 of part YYY of chapter 59 of the laws of 2017, is 35 amended to read as follows: 36 § 3214. Student placement, suspensions and transfers. 1. [School37delinquent. A minor under seventeen years of age, required by any of the38provisions of part one of this article to attend upon instruction, who39is an habitual truant from such instruction or is irregular in such40attendance or insubordinate or disorderly or disruptive or violent41during such attendance, is a school delinquent.422. Special day schools. The school authorities of any city or school43district may establish schools or set apart rooms in public school44buildings for the instruction of school delinquents, and fix the number45of days per week and the hours per day of required attendance, which46shall not be less than is required of minors attending the full time day47schools.482-a. a.] Notwithstanding any provision of law, rule or regulation to 49 the contrary, this section shall apply to all public schools in the 50 state. Whenever the term "board of education or superintendent of 51 schools" is used in this section, it shall be deemed to include board of 52 trustees, the chancellor of the city school district in the case of the 53 city school district of the city of New York, community boards of educa- 54 tion and community superintendents governing community districts in 55 accordance with the provisions of article fifty-two-A of this chapter.S. 1040--A 8 1 2. Suspension of a student. The board of education or trustees, the 2 chancellor of the city school district in the case of the city school 3 district of the city of New York, superintendent of schools, district 4 superintendent of schools and the principal of the school where the 5 student attends shall have the power to suspend a student as follows: 6 a. For a period not to exceed five consecutive school days provided 7 that the suspension of such student is not prohibited by section twen- 8 ty-eight hundred one of this chapter. 9 (1) In the case of such a suspension, the suspending authority shall 10 provide the student with written notice of the charged misconduct 11 including a brief explanation of the basis for the suspension and a 12 description of the alleged behavior that violated the code of conduct 13 that includes the date, time, and place of the scheduled informal 14 conference with the principal, the right to appeal a suspension, and the 15 procedures for appeal. 16 (2) The student and the parent or person in parental relation to the 17 student shall be given an opportunity for an informal conference with 18 the principal. At the conference, the student and parent or person in 19 parental relation shall be authorized to review all evidence of the 20 alleged misconduct, present the student's version of the event, to ask 21 questions of the complaining witnesses, and to be represented by an 22 attorney or advocate. The aforesaid notice and opportunity for an 23 informal conference shall take place prior to suspension of the student 24 unless the student's presence in the school poses a continuing danger to 25 persons or property or an ongoing threat of disruption to the academic 26 process, in which case the student's notice and opportunity for an 27 informal conference shall take place as soon after the suspension begins 28 as is reasonably practicable. 29 b. For a period not to exceed twenty consecutive school days, 30 provided that the suspension of such student is not prohibited by subdi- 31 vision two of section twenty-eight hundred one of this chapter, or for a 32 period in excess of twenty consecutive school days, provided the suspen- 33 sion shall only be for violent acts described in subdivision three of 34 this section, an exception to any prohibition of suspension described in 35 subdivision two of section twenty-eight hundred one of this chapter, or 36 pursuant to applicable federal law. 37 (1) No student may be suspended for a period in excess of five consec- 38 utive school days without approval from the superintendent. 39 (2) If approved, such student and the parent or person in parental 40 relation to such student shall have had an opportunity for a fair hear- 41 ing, upon reasonable written notice, which shall include a brief 42 description of the facts upon which the alleged violations of the code 43 of conduct are based, the section of the code of conduct that the 44 student is alleged to have violated, and the date, time and place of the 45 hearing. Prior to the hearing, copies of all evidence regarding the 46 alleged incident shall be provided to the student and parent or person 47 in parental relation to the student. The hearing shall be convened with- 48 in five days of the written notice, unless the parent or person in 49 parental relation to the student or student requests a later date. 50 (3) At the hearing, such student shall have the right of represen- 51 tation by an attorney or advocate, with the right to request the pres- 52 ence of and question witnesses against such student and to request the 53 presence of and present witnesses and other evidence on their behalf. 54 (4) Where the student is a student with a disability or a student 55 presumed to have a disability, the provisions of subdivision seven of 56 this section shall also apply.S. 1040--A 9 1 (5) Where a student has been suspended in accordance with this para- 2 graph, the board of education or trustees, the chancellor of the city 3 school district in the case of the city school district of the city of 4 New York, superintendent of schools, district superintendent of schools, 5 or community superintendent shall personally hear and determine the 6 proceeding or may, in their discretion, designate a hearing officer to 7 conduct the hearing. The entity or individual that conducts the hearing 8 shall be authorized to administer oaths and to issue subpoenas in 9 conjunction with the proceeding. 10 (6) A record of the hearing shall be maintained, but no stenographic 11 transcript shall be required and an audio recording shall be deemed a 12 satisfactory record. The entity or individual that conducts the hearing 13 shall make written findings of fact based on a preponderance of the 14 evidence and shall make recommendations as to the appropriate measure of 15 discipline if any. The report of the hearing officer shall be advisory 16 only, and the board of education or trustees, the chancellor of the city 17 school district in the case of the city school district of the city of 18 New York, other governing body, superintendent of schools or district 19 superintendent of schools may accept all or any part thereof. 20 (7) The board of education or trustees, the chancellor of the city 21 school district in the case of the city school district of the city of 22 New York, superintendent of schools, or district superintendent of 23 schools shall issue a written decision to the school and parent or 24 person in parental relation to the student within three days of the 25 hearing. The written decision shall state the length of suspension, if 26 any, findings of fact, reasons for determination, procedures for appeal, 27 and the date by which the appeal shall be filed. 28 (8) Where the basis for the suspension is, in whole or in part, the 29 possession on school grounds or school property by the student of any 30 firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor, stiletto 31 or any of the weapons, instruments or appliances specified in subdivi- 32 sion one of section 265.01 of the penal law, the hearing officer or 33 superintendent shall not be barred from considering the admissibility of 34 such weapon, instrument or appliance as evidence, notwithstanding a 35 determination by a court in a criminal or juvenile delinquency proceed- 36 ing that the recovery of such weapon, instrument or appliance was the 37 result of an unlawful search or seizure. 38 (9) Where a student has been suspended in accordance with this section 39 by a board of education or trustees, the board may in its discretion 40 hear and determine the proceeding or appoint a hearing officer who shall 41 have the same powers and duties with respect to the board that a hearing 42 officer has with respect to a superintendent where the suspension was 43 ordered by the superintendent. The findings and recommendations of the 44 hearing officer conducting the proceeding shall be advisory and subject 45 to final action by the board of education, each member of which shall 46 before voting review the testimony and acquaint themselves with the 47 evidence in the case. The board may reject, confirm or modify the 48 conclusions of the hearing officer. 49 c. (1) Consistent with the federal gun-free schools act, any public 50 school student who is determined under this subdivision to have brought 51 a firearm to or possessed a firearm at a public school shall be 52 suspended for a period of not less than one calendar year and any 53 nonpublic school pupil participating in a program operated by a public 54 school district using funds from the elementary and secondary education 55 act of nineteen hundred sixty-five who is determined under this subdivi- 56 sion to have brought a firearm to or possessed a firearm at a publicS. 1040--A 10 1 school or other premises used by the school district to provide such 2 programs shall be suspended for a period of not less than one calendar 3 year from participation in such program. The procedures of this subdivi- 4 sion shall apply to such a suspension of a nonpublic school student. A 5 superintendent of schools, district superintendent of schools or commu- 6 nity superintendent shall have the authority to modify this suspension 7 requirement for each student on a case-by-case basis. The determination 8 of a superintendent shall be subject to review by the board of education 9 or trustees, or the chancellor of the city school district in the case 10 of the city school district of the city of New York, pursuant to subdi- 11 vision one of this section and the commissioner pursuant to section 12 three hundred ten of this chapter. Nothing in this subdivision shall be 13 deemed to authorize the suspension of a student with a disability in 14 violation of the individuals with disabilities education act or article 15 eighty-nine of this chapter. A superintendent shall refer the student 16 under the age of sixteen who has been determined to have brought a weap- 17 on or firearm to school in violation of this subdivision to a present- 18 ment agency for a juvenile delinquency proceeding consistent with arti- 19 cle three of the family court act except a student fourteen or fifteen 20 years of age who qualifies for juvenile offender status under subdivi- 21 sion forty-two of section 1.20 of the criminal procedure law. A super- 22 intendent shall refer any student sixteen years of age or older or a 23 student fourteen or fifteen years of age who qualifies for juvenile 24 offender status under subdivision forty-two of section 1.20 of the crim- 25 inal procedure law, who has been determined to have brought a weapon or 26 firearm to school in violation of this subdivision to the appropriate 27 law enforcement officials. 28 (2) Nothing in this paragraph shall be deemed to mandate such action 29 by a school district pursuant to subdivision one of this section where 30 such weapon or firearm is possessed or brought to school with the writ- 31 ten authorization of such educational institution in a manner authorized 32 by article two hundred sixty-five of the penal law for activities 33 approved and authorized by the trustees or board of education or other 34 governing body of the public school and such governing body adopts 35 appropriate safeguards to ensure student safety. 36 (3) As used in this paragraph: 37 (i) "firearm" shall mean a firearm as defined in subsection a of 38 section nine hundred twenty-one of title eighteen of the United States 39 Code; and 40 (ii) "weapon" shall be as defined in paragraph two of subsection g of 41 section nine hundred thirty of title eighteen of the United States Code. 42 3. Violent [pupil] act. a. A teacher shall immediately report and 43 refer a student that has committed a violent act to the principal or 44 superintendent for a violation of the code of conduct. 45 b. For the purposes of this section, a violent [pupil is an elementary46or secondary student under twenty-one years of age who] act shall 47 include: 48 (1) [commits] an act of violence upon a teacher, administrator or 49 other school employee; 50 (2) [commits,] while on school district property, an act of violence 51 upon another student or any other person lawfully upon said property; 52 (3) [possesses,] while on school district property, possessing a gun, 53 knife, explosive or incendiary bomb, or other dangerous instrument capa- 54 ble of causing physical injury or death;S. 1040--A 11 1 (4) [displays,] while on school district property, displaying what 2 appears to be a gun, knife, explosive or incendiary bomb or other 3 dangerous instrument capable of causing death or physical injury; 4 (5) [threatens,] while on school district property, threatening to use 5 any instrument that appears capable of causing physical injury or death; 6 (6) knowingly and intentionally [damages or destroys] damaging or 7 destroying the personal property of a teacher, administrator, other 8 school district employee or any person lawfully upon school district 9 property; or 10 (7) knowingly and intentionally [damages or destroys] damaging or 11 destroying school district property. 12 [b. Disruptive pupil. For the purposes of this section, a disruptive13pupil is an elementary or secondary student under twenty-one years of14age who is substantially disruptive of the educational process or15substantially interferes with the teacher's authority over the class-16room.173. Suspension of a pupil] 4. Alternative learning spaces or schools. 18 The school authorities of any city, school district or public school, 19 or board of cooperative educational services shall establish, to the 20 extent practicable, schools or set apart spaces in school buildings or 21 properties for the instruction of students removed or suspended for 22 violations of the code of conduct, and fix the number of days per week 23 and the hours per day of required attendance and instruction, which 24 shall not be less than is required of minors attending the full time day 25 schools. The commissioner shall establish guidance for alternative 26 learning spaces or schools for when students are removed from the class- 27 room or suspended, including allowing a student that has been removed or 28 suspended on school property to take an examination or assessment that 29 cannot be rescheduled when the student presents a risk to the health and 30 safety of the school community as it applies to subdivisions eight and 31 nine of this section and section twenty-eight hundred one of this chap- 32 ter. 33 5. Consideration for student suspension. a. (1) The board of educa- 34 tion[, board of] or trustees [or sole trustee], the chancellor of the 35 city school district in the case of the city school district of the city 36 of New York, the superintendent of schools, district superintendent of 37 schools or principal of a school may suspend [the following pupils] 38 students from required attendance upon instruction[:39A pupil who is insubordinate or disorderly or violent or disruptive,40or whose conduct otherwise endangers the safety, morals, health or41welfare of others] as provided in subdivision two of this section, in 42 accordance with the code of conduct, provided that the suspension of 43 such student is not prohibited by section twenty-eight hundred one of 44 this chapter. 45 (2) School officials shall weigh the likelihood that a lesser inter- 46 vention or discipline would adequately address the student's misconduct, 47 redress any harm or damage, and prevent future violations of the code of 48 conduct. 49 (3) The school shall conduct an investigation of any report of a 50 violation of the code of conduct. 51 (4) The school shall inform any student that submission of a written 52 statement is voluntary and that any statement by the student, written or 53 oral, may be used against the student in a criminal, immigration, or 54 juvenile delinquency investigation and/or proceeding and/or in a court 55 of law. If a student has been arrested or if the school is considering 56 referring the student to law enforcement, the school shall not request aS. 1040--A 12 1 statement from such student, except where there is imminent risk of 2 serious physical injury to the student or other person or persons. 3 b. [(1) The board of education, board of trustees, or sole trustee,4superintendent of schools, district superintendent of schools and the5principal of the school where the pupil attends shall have the power to6suspend a pupil for a period not to exceed five school days. In the7case of such a suspension, the suspending authority shall provide the8pupil with notice of the charged misconduct. If the pupil denies the9misconduct, the suspending authority shall provide an explanation of the10basis for the suspension. The pupil and the person in parental relation11to the pupil shall, on request, be given an opportunity for an informal12conference with the principal at which the pupil and/or person in13parental relation shall be authorized to present the pupil's version of14the event and to ask questions of the complaining witnesses. The afore-15said notice and opportunity for an informal conference shall take place16prior to suspension of the pupil unless the pupil's presence in the17school poses a continuing danger to persons or property or an ongoing18threat of disruption to the academic process, in which case the pupil's19notice and opportunity for an informal conference shall take place as20soon after the suspension as is reasonably practicable.21(2) A teacher shall immediately report and refer a violent pupil prin-22cipal or superintendent for a violation of the code of conduct and a23minimum suspension period pursuant to section twenty-eight hundred one24of this chapter.25c. (1) No pupil may be suspended for a period in excess of five school26days unless such pupil and the person in parental relation to such pupil27shall have had an opportunity for a fair hearing, upon reasonable28notice, at which such pupil shall have the right of representation by29counsel, with the right to question witnesses against such pupil and to30present witnesses and other evidence on his or her behalf. Where the31pupil is a student with a disability or a student presumed to have a32disability, the provisions of paragraph g of this subdivision shall also33apply. Where a pupil has been suspended in accordance with this subpara-34graph by a superintendent of schools, district superintendent of35schools, or community superintendent, the superintendent shall36personally hear and determine the proceeding or may, in his or her37discretion, designate a hearing officer to conduct the hearing. The38hearing officer shall be authorized to administer oaths and to issue39subpoenas in conjunction with the proceeding before him or her. A40record of the hearing shall be maintained, but no stenographic tran-41script shall be required and a tape recording shall be deemed a satis-42factory record. The hearing officer shall make findings of fact and43recommendations as to the appropriate measure of discipline to the44superintendent. The report of the hearing officer shall be advisory45only, and the superintendent may accept all or any part thereof. An46appeal will lie from the decision of the superintendent to the board of47education who shall make its decision solely upon the record before it.48The board may adopt in whole or in part the decision of the superinten-49dent of schools. Where the basis for the suspension is, in whole or in50part, the possession on school grounds or school property by the student51of any firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor,52stiletto or any of the weapons, instruments or appliances specified in53subdivision one of section 265.01 of the penal law, the hearing officer54or superintendent shall not be barred from considering the admissibility55of such weapon, instrument or appliance as evidence, notwithstanding a56determination by a court in a criminal or juvenile delinquency proceed-S. 1040--A 13 1ing that the recovery of such weapon, instrument or appliance was the2result of an unlawful search or seizure.3(2) Where a pupil has been suspended in accordance with this section4by a board of education, the board may in its discretion hear and deter-5mine the proceeding or appoint a hearing officer who shall have the same6powers and duties with respect to the board that a hearing officer has7with respect to a superintendent where the suspension was ordered by8him. The findings and recommendations of the hearing officer conducting9the proceeding shall be advisory and subject to final action by the10board of education, each member of which shall before voting review the11testimony and acquaint himself with the evidence in the case. The board12may reject, confirm or modify the conclusions of the hearing officer.13d. (1) Consistent with the federal gun-free schools act, any public14school pupil who is determined under this subdivision to have brought a15firearm to or possessed a firearm at a public school shall be suspended16for a period of not less than one calendar year and any nonpublic school17pupil participating in a program operated by a public school district18using funds from the elementary and secondary education act of nineteen19hundred sixty-five who is determined under this subdivision to have20brought a firearm to or possessed a firearm at a public school or other21premises used by the school district to provide such programs shall be22suspended for a period of not less than one calendar year from partic-23ipation in such program. The procedures of this subdivision shall apply24to such a suspension of a nonpublic school pupil. A superintendent of25schools, district superintendent of schools or community superintendent26shall have the authority to modify this suspension requirement for each27student on a case-by-case basis. The determination of a superintendent28shall be subject to review by the board of education pursuant to para-29graph c of this subdivision and the commissioner pursuant to section30three hundred ten of this chapter. Nothing in this subdivision shall be31deemed to authorize the suspension of a student with a disability in32violation of the individuals with disabilities education act or article33eighty-nine of this chapter. A superintendent shall refer the pupil34under the age of sixteen who has been determined to have brought a weap-35on or firearm to school in violation of this subdivision to a present-36ment agency for a juvenile delinquency proceeding consistent with arti-37cle three of the family court act except a student fourteen or fifteen38years of age who qualifies for juvenile offender status under subdivi-39sion forty-two of section 1.20 of the criminal procedure law. A super-40intendent shall refer any pupil sixteen years of age or older or a41student fourteen or fifteen years of age who qualifies for juvenile42offender status under subdivision forty-two of section 1.20 of the crim-43inal procedure law, who has been determined to have brought a weapon or44firearm to school in violation of this subdivision to the appropriate45law enforcement officials.46(2) Nothing in this paragraph shall be deemed to mandate such action47by a school district pursuant to subdivision one of this section where48such weapon or firearm is possessed or brought to school with the writ-49ten authorization of such educational institution in a manner authorized50by article two hundred sixty-five of the penal law for activities51approved and authorized by the trustees or board of education or other52governing body of the public school and such governing body adopts53appropriate safeguards to ensure student safety.54(3) As used in this paragraph:S. 1040--A 14 1(i) "firearm" shall mean a firearm as defined in subsection a of2section nine hundred twenty-one of title eighteen of the United States3Code; and4(ii) "weapon" shall be as defined in paragraph 2 of subsection g of5section nine hundred thirty of title eighteen of the United States Code.6e.] In considering appropriate discipline measures, school authorities 7 shall consider the facts of each case, including, but not limited to: 8 (1) the nature and impact of the student's alleged misconduct, includ- 9 ing but not limited to the harm to the student or other persons, damage 10 to personal or school property or threat to the safety and welfare of 11 the school community; 12 (2) the student's age, ability to speak or understand English, phys- 13 ical health, mental health, disabilities, and provisions of an individ- 14 ualized education program as it relates to the student's behavior; 15 (3) the student as a whole including life inside and outside of school 16 that may impact behavior such as food insecurity, homelessness, bully- 17 ing, lack of school supplies, abuse, hygiene access, and other issues 18 that may occur in or out of school; 19 (4) the student's willingness to resolve the conflict and repair any 20 harm or damage; 21 (5) the student's prior conduct, the appropriateness of prior inter- 22 ventions, and the effectiveness of any prior interventions; 23 (6) the relationship, if any, between the student's academic placement 24 and program and the alleged violation of the code of conduct; and 25 (7) other factors determined to be relevant. 26 6. Procedure after suspension. Where a [pupil] student has been 27 suspended pursuant to this subdivision and said [pupil is of compulsory28attendance age] student has the legal right to attend school, immediate 29 steps shall be taken for [his or her] their attendance upon instruction 30 elsewhere [or for supervision or detention of said pupil pursuant to the31provisions of article seven of the family court act]. Where a [pupil] 32 student has been suspended for cause, the suspension may be revoked by 33 the board of education or trustees, or the chancellor of the city school 34 district in the case of the city school district of the city of New 35 York, whenever it appears to be for the best interest of the school and 36 the [pupil] student to do so. The board of education or trustees, or the 37 chancellor of the city school district in the case of the city school 38 district for the city of New York, may also condition a student's early 39 return to school and suspension revocation on the [pupil's] student's 40 voluntary participation in counseling or specialized classes, including 41 anger management or dispute resolution, where applicable. 42 [f. Whenever the term "board of education or superintendent of43schools" is used in this subdivision, it shall be deemed to include44community boards of education and community superintendents governing45community districts in accordance with the provisions of article fifty-46two-A of this chapter.47g.] 7. Discipline of students with disabilities and students presumed 48 to have a disability for discipline purposes. [(1)] a. Notwithstanding 49 any other provision of this subdivision to the contrary, a student with 50 a disability as such term is defined in section forty-four hundred one 51 of this chapter and a student presumed to have a disability for disci- 52 pline purposes, may be suspended or removed from [his or her] their 53 current educational placement, provided that the suspension of such 54 student is not prohibited by section twenty-eight hundred one of this 55 chapter, for violation of [school rules] the code of conduct only in 56 accordance with the procedures established in this section, the regu-S. 1040--A 15 1 lations of the commissioner implementing this paragraph, and subsection 2 (k) of section fourteen hundred fifteen of title twenty of the United 3 States code and the federal regulations implementing such statute, as 4 such federal law and regulations are from time to time amended. Nothing 5 in this paragraph shall be construed to confer greater rights on such 6 students than are conferred under applicable federal law and regu- 7 lations, or to limit the ability of a school district to change the 8 educational placement of a student with a disability in accordance with 9 the procedures in article eighty-nine of this chapter. 10 [(2)] b. As used in this paragraph: 11 (1) a "student presumed to have a disability for discipline purposes" 12 shall mean a student who the school district is deemed to have knowledge 13 was a student with a disability before the behavior that precipitated 14 disciplinary action under the criteria in subsection (k) (5) of section 15 fourteen hundred fifteen of title twenty of the United States code and 16 the federal regulations implementing such statute; and 17 [(ii)] (2) a "manifestation team" means a representative of the school 18 district, the parent or person in parental relation, and relevant 19 members of the committee on special education, as determined by the 20 parent or person in parental relation and the district. 21 [(3)] c. In applying the federal law consistent with this section: 22 [(i)] (1) in the event of a conflict between the procedures estab- 23 lished in this section and those established in subsection (k) of 24 section fourteen hundred fifteen of title twenty of the United States 25 code and the federal regulations implementing such statute, such federal 26 statute and regulations shall govern. 27 [(ii)] (2) the board of trustees or board of education of any school 28 district, the chancellor of the city school district of the city of New 29 York, a district superintendent of schools or a building principal shall 30 have authority, provided that suspension of such student is not prohib- 31 ited by subdivision two of section twenty-eight hundred one of this 32 chapter, to order the placement of a student with a disability into an 33 appropriate interim alternative educational setting, another setting or 34 suspension, provided that the suspension of such student is not prohib- 35 ited by section twenty-eight hundred one of this chapter, for a period 36 not to exceed five consecutive school days where such student is 37 suspended pursuant to this subdivision and, except as otherwise provided 38 in [clause (vi) of this] subparagraph four of this paragraph, the 39 suspension does not result in a change in placement under federal law. 40 [(iii)] (3) the superintendent of schools of a school district, either 41 directly or upon recommendation of a hearing officer designated pursuant 42 to [paragraph c of this] subdivision two of this section, may order the 43 placement of a student with a disability into an interim alternative 44 educational setting, another setting or suspension, provided that the 45 suspension of such student is not prohibited by section twenty-eight 46 hundred one of this chapter, for up to ten consecutive school days, 47 inclusive of any period in which the student is placed in an appropriate 48 interim alternative educational setting, another setting or suspension 49 pursuant to [clause (ii) of this] subparagraph two of this paragraph for 50 the behavior, where the superintendent determines in accordance with the 51 procedures set forth in this subdivision that the student has engaged in 52 behavior that warrants a suspension, and, except as otherwise provided 53 in [clause (vi) of this] subparagraph four of this paragraph, the 54 suspension does not result in a change in placement under federal law. 55 [(iv)] (4) the superintendent of schools of a school district, either 56 directly or upon recommendation of a hearing officer designated pursuantS. 1040--A 16 1 to [paragraph c of this] subdivision two of this section, may order the 2 change in placement of a student with a disability to an interim alter- 3 native educational setting for up to forty-five school days under the 4 circumstances specified in subsection (k)(1)(G) of section fourteen 5 hundred fifteen of title twenty of the United States code and the feder- 6 al regulations implementing such statute or a longer period where 7 authorized by federal law under the circumstances specified in 8 subsection (k)(1)(C) of section fourteen hundred fifteen of title twenty 9 of the United States code and the federal regulations implementing such 10 statute, but in neither case shall such period exceed the period of 11 suspension ordered by a superintendent in accordance with this subdivi- 12 sion, provided that the suspension of such student is not prohibited by 13 section twenty-eight hundred one of this chapter. 14 [(v)] (5) the terms "day," "business day," and "school day" shall be 15 as defined in section 300.11 of title thirty-four of the code of federal 16 regulations. 17 [(vi)] (6) notwithstanding any other provision of this subdivision to 18 the contrary, upon a determination by a manifestation team that the 19 behavior of a student with a disability was not a manifestation of the 20 student's disability, such student may be disciplined pursuant to this 21 section in the same manner and for the same duration as a nondisabled 22 student, except that such student shall continue to receive services to 23 the extent required under federal law and regulations, and such services 24 may be provided in an interim alternative educational setting, provided 25 that the suspension of such student is not prohibited by section twen- 26 ty-eight hundred one of this chapter. 27 [(vii)] (7) an impartial hearing officer appointed pursuant to subdi- 28 vision one of section forty-four hundred four of this chapter may order 29 a change in placement of a student with a disability to an appropriate 30 interim alternative educational setting for not more than forty-five 31 school days under the circumstances specified in subsections (k)(3) and 32 (k)(4) of section fourteen hundred fifteen of title twenty of the United 33 States code and the federal regulations implementing such statutes, 34 provided that such procedure may be repeated, as necessary, provided 35 that the suspension of such student is not prohibited by section twen- 36 ty-eight hundred one of this chapter. 37 [(viii)] (8) nothing in this section shall be construed to authorize 38 the suspension or removal of a student with a disability from [his or39her] their current educational placement for violation of school rules 40 following a determination by a manifestation team that the behavior is a 41 manifestation of the student's disability, except as authorized under 42 federal law and regulations. 43 [(ix)] (9) the commissioner shall implement this paragraph by adopting 44 regulations which coordinate the procedures required for discipline of 45 students with disabilities, and students presumed to have a disability 46 for discipline purposes, pursuant to subsection (k) of section fourteen 47 hundred fifteen of title twenty of the United States code and the feder- 48 al regulations implementing such statute, with the general procedures 49 for student discipline under this section. 50 [3-a.] 8. Education plan. When a student is suspended from school 51 consistent with this section and section twenty-eight hundred one of 52 this chapter, the principal, or the principal's designee, in consulta- 53 tion with the student's teachers, shall create an education plan for the 54 student for each class in which the student is enrolled, according to 55 the timeframe policies required in the code of conduct described in 56 section twenty-eight hundred one of this chapter. The education planS. 1040--A 17 1 shall make provisions for a student's on-going academic instruction 2 during the suspension and shall include the steps the school will take 3 to provide the student with a successful re-entry to school. The student 4 shall have the opportunity to earn all academic credit they would have 5 been eligible to earn had the student been in class, including the 6 opportunity to complete any missed assignments or take any missed exam- 7 ination or assessments during the student's suspension. If an examina- 8 tion or assessment cannot be rescheduled, the student shall be allowed 9 on school property to take such assessment or examination on the day and 10 time that the assessment or examination is given, unless the student 11 presents a risk to the health and safety of the school community then 12 the assessment or examination should be provided in an alternative space 13 as described in subdivision four of this section, if available. 14 9. Teacher removal of a [disruptive pupil] student. In addition, any 15 teacher shall have the power and authority to remove a [disruptive16pupil, as defined in subdivision two-a of this section,] student from 17 such teacher's classroom consistent with discipline measures contained 18 in the code of conduct adopted by the board pursuant to section twenty- 19 eight hundred one of this chapter. The school authorities of any school 20 district or public school, board of cooperative educational services 21 shall establish policies and procedures to ensure the provision of 22 continued educational programming and activities for students removed 23 from the classroom pursuant to this [subdivision and provided further24that nothing] section. When a student is removed from the classroom, 25 the student shall have the opportunity to earn all academic credit 26 including the opportunity to complete any missed assignments or take any 27 missed examinations or assessments during the student's removal. If an 28 examination or assessment cannot be rescheduled, the student shall be 29 allowed on school property to take such assessment or examination on the 30 day and time that the assessment or examination is given unless the 31 student presents a risk to the health and safety of the school community 32 then the assessment or examination should be provided in an alternative 33 space as described in subdivision four of this section, if available. 34 Nothing in this subdivision shall authorize the removal of a [pupil] 35 student in violation of any state or federal law or regulation. No 36 [pupil] student shall return to the classroom until the principal makes 37 a final determination pursuant to [paragraph c of] this subdivision, or 38 the period of removal expires, whichever is less. 39 a. Such teacher shall inform the [pupil] student and the school prin- 40 cipal of the reasons for the removal. If the teacher finds that the 41 [pupil's] student's continued presence in the classroom does not pose a 42 continuing danger to persons or property and does not present an ongoing 43 threat of disruption to the academic process, the teacher shall, prior 44 to removing the student from the classroom, provide the student with an 45 explanation of the basis for the removal and allow the [pupil] student 46 to informally present the [pupil's] student's version of relevant 47 events. In all other cases, the teacher shall provide the [pupil] 48 student with an explanation of the basis for the removal and an informal 49 opportunity to be heard within twenty-four hours of the [pupil's] 50 student's removal, provided that if such twenty-four hour period does 51 not end on a school day, it shall be extended to the corresponding time 52 on the next school day. 53 b. The principal shall inform the parent or person in parental 54 relation to such [pupil] student of the removal and the reasons therefor 55 within twenty-four hours of the [pupil's] student's removal, provided 56 that if such twenty-four hour period does not end on a school day, itS. 1040--A 18 1 shall be extended to the corresponding time on the next school day. The 2 [pupil] student and the parent or person in parental relation shall, 3 upon request, be given an opportunity for an informal conference with 4 the principal to discuss the reasons for the removal. If the [pupil] 5 student denies the charges, the principal shall provide an explanation 6 of the basis for the removal and allow the [pupil] student and/or person 7 in parental relation to the [pupil] student an opportunity to present 8 the [pupil's] student's version of relevant events. Such informal [hear-9ing] conference shall be held within forty-eight hours of the [pupil's] 10 student's removal, provided that if such forty-eight hour period does 11 not end on a school day, it shall be extended to the corresponding time 12 on the second school day next following the [pupil's] student's removal. 13 For purposes of this subdivision, "school day" shall mean a school day 14 as defined pursuant to [clause (v) of] subparagraph [three] five of 15 paragraph [g] c of subdivision [three] seven of this section. 16 c. The principal shall not set aside the discipline imposed by the 17 teacher unless the principal finds that the charges against the [pupil] 18 student are not supported by substantial evidence or that the [pupil's] 19 student's removal is otherwise in violation of law or that the conduct 20 warrants suspension from school pursuant to this section and a suspen- 21 sion will be imposed. The principal's determination made pursuant to 22 this paragraph shall be made by the close of business on the day 23 succeeding the forty-eight hour period for an informal hearing contained 24 in paragraph b of this subdivision. 25 d. The principal may, in [his or her] their discretion, designate a 26 school district administrator, to carry out the functions required of 27 the principal under this subdivision. 28 [4.] 10. Expense. [a.] The expense attending the commitment and costs 29 of maintenance of any [school delinquent] student placed as a result of 30 a finding related to school or educational issues shall be a charge 31 against the city or district where [he] the student resides, if such 32 city or district employs a superintendent of schools; otherwise it shall 33 be a county charge. 34 [b. The school authorities may institute proceedings before a court35having jurisdiction to determine the liability of a person in parental36relation to contribute towards the maintenance of a school delinquent37under sixteen years of age ordered to attend upon instruction under38confinement. If the court shall find the person in parental relation39able to contribute towards the maintenance of such a minor, it may issue40an order fixing the amount to be paid weekly.415.] 11. Involuntary transfers of [pupils] students who have not been 42 determined to be a student with a disability or a student presumed to 43 have a disability for discipline purposes. 44 a. The board of education[, board of] or trustees [or sole trustee,], 45 the chancellor of the city school district in the case of the city 46 school district of New York, other governing body, the superintendent of 47 schools, or district superintendent of schools may transfer a [pupil] 48 student who has not been determined to be a student with a disability as 49 defined in section forty-four hundred one of this chapter, or a student 50 presumed to have a disability for discipline purposes as defined in 51 [paragraph g of] subdivision [three] seven of this section from regular 52 classroom instruction to an appropriate educational setting in another 53 school upon the written recommendation of the school principal and 54 following independent review thereof. For purposes of this section of 55 the law, "involuntary transfer" does not include a transfer made by a 56 school district as part of a plan to reduce racial imbalance within theS. 1040--A 19 1 schools or as a change in school attendance zones or geographical bound- 2 aries. 3 b. A school principal may initiate a non-requested transfer where it 4 is believed that such a [pupil] student would benefit from the transfer, 5 or when the [pupil] student would receive an adequate and appropriate 6 education in another school program or facility. 7 No recommendation for [pupil] student transfer shall be initiated by 8 the principal until such [pupil] student and a parent or person in 9 parental relation has been sent written notification of the consider- 10 ation of transfer recommendation. Such notice shall set a time and place 11 of an informal conference with the principal and shall inform such 12 parent or person in parental relation and such [pupil] student of their 13 right to be accompanied by counsel or an individual of their choice. 14 c. After the conference and if the principal concludes that the 15 [pupil] student would benefit from a transfer or that the [pupil] 16 student would receive an adequate and appropriate education in another 17 school program or facility, the principal may issue a recommendation of 18 transfer to the superintendent. Such recommendation shall include a 19 description of behavior and/or academic problems indicative of the need 20 for transfer; a description of alternatives explored and prior action 21 taken to resolve the problem. A copy of that letter shall be sent to the 22 parent or person in parental relation and to the [pupil] student. 23 d. Upon receipt of the principal's recommendation for transfer and a 24 determination to consider that recommendation, the superintendent shall 25 notify the parent or person in parental relation and the [pupil] student 26 of the proposed transfer and of their right to a fair hearing as 27 provided in [paragraph c of] subdivision [three] two of this section and 28 shall list community agencies and free legal assistance which may be of 29 assistance. The written notice shall include a statement that the 30 [pupil] student or parent or person in parental relation has ten days to 31 request a hearing and that the proposed transfer shall not take effect, 32 except upon written parental consent, until the ten day period has 33 elapsed, or, if a fair hearing is requested, until after a formal deci- 34 sion following the hearing is rendered, whichever is later. 35 e. Parental consent to a transfer shall not constitute a waiver of the 36 right to a fair hearing. 37 [6.] 12. Transfer of a [pupil] student. Where a suspended [pupil] 38 student is to be transferred pursuant to subdivision [five] eleven of 39 this section, [he or she] the student shall remain on the register of 40 the original school for two school days following transmittal of [his or41her] their records to the school to which [he or she] the student is to 42 be transferred. The receiving school shall immediately upon receiving 43 those records transmitted by the original school, review them to 44 [insure] ensure proper placement of the [pupil] student. Staff members 45 who are involved in the [pupil's] student's education must be provided 46 with pertinent records and information relating to the background and 47 problems of the [pupil] student before the [pupil] student is placed in 48 a classroom. 49 [7.] 13. Transfer of disciplinary records. Notwithstanding any other 50 provision of law to the contrary, each local educational agency, as such 51 term is defined in subsection thirty of section eighty-one hundred one 52 of the Elementary and Secondary Education Act of 1965, as amended, shall 53 establish procedures in accordance with section eighty-five hundred 54 thirty-seven of the Elementary and Secondary Education Act of 1965, as 55 amended, and the Family Educational Rights and Privacy Act of 1974, to 56 facilitate the transfer of disciplinary records relating to the suspen-S. 1040--A 20 1 sion or expulsion of a student to any public or nonpublic elementary or 2 secondary school in which such student enrolls or seeks, intends or is 3 instructed to enroll, on a full-time or part-time basis. 4 14. Annual report on student discipline. a. The board of education or 5 superintendent of schools shall post on its website and submit to the 6 department by October thirty-first of each year an annual report, based 7 on data from the preceding school year, on the discipline of students. 8 The department shall analyze the collected data and compare to previous 9 year post collected annual reports on their website by November thirti- 10 eth of each year. 11 b. The commissioner shall establish and distribute a uniform reporting 12 structure for school districts to fill out for annual report on the 13 discipline of students requirement, pursuant to this subdivision. The 14 uniform reporting structure shall collect data on the following: 15 (1) the number of teacher removals, number of days removed, and 16 purpose of removal; 17 (2) the number of suspensions, length of suspension, and purpose of 18 suspension; 19 (3) the number of students subjected more than once to a teacher 20 removal, suspension, or any combination thereof; and 21 (4) the number of students subjected to an expulsion; and 22 (5) this data shall be disaggregated, where apparent, disclosed or 23 discoverable: by race, ethnicity, gender, gender expression, sexuality, 24 family income or economic status, religion, grade, year of birth, wheth- 25 er the individual is receiving special education services, whether the 26 individual is an English language learner, and homeless status. 27 § 5. Subdivision (a) of section 8 of chapter 430 of the laws of 2006, 28 amending the education law relating to implementation of the federal 29 individuals with disabilities education improvement act of 2004, as 30 amended by chapter 253 of the laws of 2021, is amended to read as 31 follows: 32 (a) sections one, [two,] and six of this act shall expire and be 33 deemed repealed June 30, 2024; 34 § 6. Section 22 of chapter 352 of the laws of 2005, amending the 35 education law relating to implementation of the federal individuals with 36 disabilities education improvement act of 2004, as amended by chapter 37 253 of the laws of 2021, is amended to read as follows: 38 § 22. This act shall take effect July 1, 2005, provided, however, if 39 this act shall become a law after such date it shall take effect imme- 40 diately and shall be deemed to have been in full force and effect on and 41 after July 1, 2005; and provided further, however, that sections one 42 through [four] three and six through twenty-one of this act shall expire 43 and be deemed repealed June 30, 2024, and section five of this act shall 44 expire and be deemed repealed June 30, 2024. 45 § 7. Subdivision d of section 27 of chapter 378 of the laws of 2007, 46 amending the education law relating to implementation of the federal 47 individuals with disabilities education improvement act of 2004, as 48 amended by chapter 253 of the laws of 2021, is amended to read as 49 follows: 50 d. [the provisions] sections one, two and four through twenty-five of 51 this act shall expire and be deemed repealed June 30, 2024. 52 § 8. This act shall take effect immediately; provided, however that 53 sections two and four of this act shall take effect July 1, 2025.
