Bill Text: NY S00134 | 2025-2026 | General Assembly | Introduced
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 27-0)
Status: (Introduced) 2025-01-08 - REFERRED TO EDUCATION [S00134 Detail]
Download: New_York-2025-S00134-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 134 2025-2026 Regular Sessions IN SENATE (Prefiled) January 8, 2025 ___________ Introduced by Sens. JACKSON, BAILEY, BRISPORT, BROUK, CLEARE, COMRIE, COONEY, FERNANDEZ, GIANARIS, GONZALEZ, HARCKHAM, HINCHEY, HOYLMAN-SI- GAL, KAVANAGH, LIU, MAY, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALA- ZAR, SANDERS, SEPULVEDA, SERRANO, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Educa- tion 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. LBD00276-01-5S. 134 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 8 section[,]: 9 a. public school shall include public charter schools pursuant to the 10 provisions of paragraph (c) of subdivision one of section twenty-eight 11 hundred fifty-three of this title; and 12 b. school property means in or within any building, structure, athlet- 13 ic playing field, playground, parking lot or land contained within the 14 real property boundary line of [a] all public elementary or secondary 15 [school] schools; or in or on a school bus, as defined in section one 16 hundred forty-two of the vehicle and traffic law; [and a] or a school's 17 electronic files and databases. A school function shall mean a school- 18 sponsored or school-authorized extra-curricular event or activity 19 regardless of where such event or activity takes place, including any 20 event or activity that may take place in another state. 21 2. The board of education or the trustees[, as defined in section two22of this chapter,] of every public school or school district [within the23state, however created, and every] or the chancellor of the city school 24 district in the case of the city school district of the city of New 25 York, and every board of cooperative educational services [and county26vocational extension board], shall adopt and amend, as appropriate, a 27 code of conduct for the maintenance of order on school property, includ- 28 ing a school function, which shall promote and sustain a safe, respect- 29 ful, and supportive school environment and govern the conduct of 30 students, teachers and other school personnel as well as visitors and 31 shall provide for the enforcement thereof. Such policy may be adopted by 32 the [school] board of education or trustees, or the chancellor of the 33 city school district in the case of the city school district of the city 34 of New York only after at least one public hearing that provides for the 35 participation of school personnel, parents, students and any other 36 interested parties before its adoption. The school district or public 37 school, or board of cooperative educational services shall notify the 38 school community and general public about the hearing at least fifteen 39 days prior to the date of the hearing. Such notice shall include the 40 date, time, and place of the hearing, the agenda, a copy of the proposed 41 code of conduct, and information about a public comment period as deter- 42 mined by the school district or public school, or board of cooperative 43 educational services. The school district or public school, or board of 44 cooperative educational services shall take necessary steps to notify 45 families who do not speak English and whose children attend a school in 46 the district or public school, or a board of cooperative educational 47 services. Such code of conduct shall define violations of the code of 48 conduct and set clear expectations for student conduct on school proper- 49 ty, including at school functions, and shall include, at a minimum: 50 a. [provisions] Acceptable and unacceptable behavior. Provisions 51 detailing acceptable and unacceptable behavior in schools shall include 52 behavior: 53 (i) regarding conduct, dress and language deemed appropriate and 54 acceptable on school property, including a school function, and conduct, 55 dress and language deemed unacceptable and inappropriate on school prop- 56 erty, including a school function[,]; andS. 134 3 1 [provisions] (ii) regarding acceptable civil and respectful treatment 2 of teachers, school administrators, other school personnel, students and 3 visitors on school property[, including a] and at school [function,4including the appropriate range of disciplinary measures which may be5imposed for violation of such code, and the roles of teachers, adminis-6trators, other school personnel, the board of education and parents;] 7 functions. 8 b. Disciplinary measures and strategies. Provisions detailing disci- 9 plinary measures shall: 10 (i) be age-appropriate, graduated, and proportionate to respond to any 11 violation of the code of conduct before imposing a removal or suspen- 12 sion, the building administrator shall consult with a school psychol- 13 ogist or other mental health professional, to determine age-appropriate 14 supports and interventions for the student for removal, detention, or 15 suspension; 16 (ii) consider the student's whole circumstances from a holistic lens 17 including life inside and outside of school that may impact behavior 18 including but not limited to food insecurity, homelessness, bullying, 19 lack of school supplies, abuse, hygiene access, and other issues that 20 may occur in or out of school; 21 (iii) utilize multi-tiered systems of support and positive behavioral 22 interventions, including: 23 (1) use of the least severe action necessary to respond to any 24 violation of the code of conduct before imposing a removal or suspen- 25 sion; and 26 (2) restorative practices, social and emotional learning, therapeutic 27 crisis interventions, counseling, de-escalation, collaborative problem- 28 solving, conflict mediation or resolution strategies, engagement with 29 families, class meetings, facilitated circles, conferences, peer medi- 30 ation, and other interventions; 31 (iv) ensure any disciplinary strategies used shall provide students 32 with the opportunity to hold themselves accountable for their behavior 33 and repair any harm, which may include strategies to build community, 34 strengthen relationships, engage in restorative practices; and allowing 35 students the opportunity to remedy harm through community service with 36 consent of their parents or persons in parental relations. 37 c. Suspension provisions. Provisions detailing school suspensions 38 shall: 39 (i) prohibit the suspension of students in pre-kindergarten through 40 grade three, except if a suspension is necessary to comply with applica- 41 ble federal laws, including the Gun Free school act 20 U.S.C. 7961 et 42 al. In the event a student in grades pre-K through three engages in 43 behavior that would otherwise give rise to consideration of a suspension 44 were they in grades four and above, schools shall make use of positive 45 behavioral supports, and all other necessary services and interventions, 46 including but not limited to functional behavior assessments and behav- 47 ior intervention plans, that may be implemented to prevent the recur- 48 rence of the student's behaviors; 49 (ii) prohibit suspensions for acts of disobedience; 50 (iii) prohibit suspensions to respond to tardiness, unexcused absence 51 from class or school, leaving school without permission, and violation 52 of school dress code; 53 (iv) require schools to make a good faith effort to meet with the 54 parents to develop and implement interventions and a re-entry plan for 55 all school suspensions, this includes making several attempts to contactS. 134 4 1 the parent, provide remote options to parents, and consider the parent's 2 schedule; 3 (v) provide for the removal from the classroom and from school proper- 4 ty, including a school function, of students and other persons who 5 violate the code of conduct; 6 (vi) provide for detention, suspension and removal from the classroom 7 of students, consistent with section thirty-two hundred fourteen of this 8 chapter and other applicable federal, state and local laws; 9 (vii) establish disciplinary measures to be taken in incidents involv- 10 ing the possession or use of illegal substances or weapons, the use of 11 physical force, vandalism, violation of another student's civil rights 12 and threats of violence; 13 (viii) include exceptions to all prohibitions or limitations of 14 suspension described in this section which shall only include conduct as 15 follows: 16 (1) sale or distribution of tobacco, alcohol, drugs or other illegal 17 substances; 18 (2) conduct that was intended and resulted in serious bodily injury 19 upon another person while at school, on school premises, or at a school 20 function; 21 (3) physical sexual assault and/or forcing another to engage in a 22 sexual activity while at school, on school premises, or at a school 23 function; or 24 (4) is necessary to comply with applicable federal laws. 25 d. Code of conduct and disciplinary procedures. School authorities 26 shall establish: 27 (i) standards and procedures to assure security and safety of students 28 and school personnel; 29 [c. provisions for the removal from the classroom and from school30property, including a school function, of students and other persons who31violate the code;32d. disciplinary measures to be taken in incidents involving the33possession or use of illegal substances or weapons, the use of physical34force, vandalism, violation of another student's civil rights and35threats of violence;36e. provisions for detention, suspension and removal from the classroom37of students, consistent with section thirty-two hundred fourteen of this38chapter and other applicable federal, state and local laws including39provisions for the school authorities to establish] (ii) policies and 40 procedures to ensure the provision of continued educational programming 41 and activities for students removed from the classroom, placed in 42 detention, or suspended from school, which shall include: 43 (1) an education plan that the principal, or the principal's designee, 44 in consultation with the student's teachers, shall create for the 45 student for each class in which the student is enrolled. The education 46 plan shall make provisions for a student's on-going academic instruction 47 during the removal or suspension and shall include the steps the school 48 will take to provide the student with a successful re-entry to school. 49 The student shall have the opportunity to earn all academic credit they 50 would have been eligible to earn had the student been in class, includ- 51 ing the opportunity to complete any missed assignments or take any 52 missed examinations or assessments during the student's removal or 53 suspension; 54 (2) procedures for when an examination or assessment cannot be 55 rescheduled, the student shall be allowed on school property to take 56 such assessment or examination on the day and time that the assessmentS. 134 5 1 or examination is given, unless the student presents a risk to the 2 health and safety of the school community, then alternative spaces may 3 be used as described in section thirty-two hundred fourteen of this 4 chapter; 5 (3) policies on the timeframe an educational plan shall be completed 6 and implemented, this shall be within a reasonable and expeditious time- 7 frame to mitigate learning loss in accordance with the length of the 8 suspension, provided that the education plan is delivered to the student 9 no later than forty-eight hours after the start of suspension; and 10 (4) in the event a suspension is imposed for twenty-one days or more, 11 starting from the first day of exclusion, the education plan shall, 12 include meetings every ten school days comprising of the student, parent 13 or person in parental relation, guidance, school support staff and 14 teachers to review the student's academic progress, services and barri- 15 ers, if any, to a return to the school community. Consideration shall be 16 given to a termination of suspension status and immediate return to the 17 school community. In no event shall a suspension be longer than forty 18 days unless to comply with applicable federal law. 19 [f.] (iii) procedures by which violations of the code of conduct are 20 reported to the appropriate school personnel, the facts are investigated 21 and determined, and discipline measures [imposed and discipline measures22carried out] are determined and implemented; 23 [g.] (iv) provisions ensuring such code and the enforcement thereof 24 are in compliance with state and federal laws relating to students with 25 disabilities; 26 [h.] (v) provisions setting forth the procedures by which local law 27 enforcement agencies shall be notified of code violations which consti- 28 tute a crime; 29 [i.] (vi) provisions setting forth the circumstances under and proce- 30 dures by which parents or persons in parental relation to the student 31 accused of violating the code of conduct shall be notified of such code 32 of conduct violations including notice that any statement by the 33 student, written or oral, may be used against the student in a criminal, 34 immigration, or juvenile delinquency investigation and/or proceeding 35 and/or in a court of law. This notice shall be given prior to a student 36 providing a written or oral statement, and the parent or person in 37 parental relation to the student shall have an opportunity to discuss 38 such potential consequences with the student prior to any statements 39 being recorded; 40 [j.] (vii) provisions setting forth the circumstances under and proce- 41 dures by which a [complaint in criminal court, a juvenile delinquency42petition] student may be referred to law enforcement, consistent with 43 the provisions of section twenty-eight hundred one-a of this article, or 44 referred for a person in need of supervision petition as defined in 45 articles three and seven of the family court act will be filed; 46 [k.] (viii) circumstances under and procedures by which [referral to] 47 a student may be referred to academic services, school-based support 48 services, or appropriate human service agencies [shall be made]; 49 [l. a minimum suspension period, for students who repeatedly are50substantially disruptive of the educational process or substantially51interfere with the teacher's authority over the classroom, provided that52the suspending authority may reduce such period on a case by case basis53to be consistent with any other state and federal law. For purposes of54this section, the definition of "repeatedly are substantially disrup-55tive" shall be determined in accordance with the regulations of the56commissioner;S. 134 6 1m. a minimum suspension period for acts that would qualify the pupil2to be defined as a violent pupil pursuant to paragraph a of subdivision3two-a of section thirty-two hundred fourteen of this chapter, provided4that the suspending authority may reduce such period on a case by case5basis to be consistent with any other state and federal law;] and 6 [n.] (ix) provisions to comply with article two of this chapter. 7 3. The [district] code of conduct shall be developed in collaboration 8 with [student, teacher, administrator, and parent organizations] repre- 9 sentatives from interested stakeholders including, but not limited to, 10 students, teachers, administrators, parents, school safety personnel, 11 collective bargaining units representing teachers, school-related 12 professionals, and the principals, and other school personnel and shall 13 be approved by the board of education or trustees, [or other governing14body,] the charter school's authorizers or by the chancellor of the city 15 school district in the case of the city school district of the city of 16 New York. In the city school district of the city of New York, each 17 community district education council shall be authorized to adopt and 18 implement additional policies, which are consistent with the city 19 district's district-wide code of conduct, to reflect the individual 20 needs of each community school district provided that such additional 21 policies shall require the approval of the chancellor. 22 3-a. The board of education or trustees, the chancellor of the city 23 school district in the case of the city school district of the city of 24 New York shall provide professional development in accordance with this 25 section for school personnel, law enforcement and public or private 26 security personnel employed, retained or contracted with a school 27 district or public school regarding the code of conduct, the use of 28 multi-tiered systems of support, positive behavioral interventions 29 including restorative practices, and age-appropriate graduated and 30 proportionate discipline, which may include implicit bias training, 31 according to collective bargaining agreements. 32 4. [The] At the beginning of each school year, the board of education 33 or trustees, the chancellor [or other governing body] of the city school 34 district in the case of the city school district of the city of New 35 York, shall: translate the code of conduct into at least the three most 36 commonly spoken languages of the children attending the school district, 37 board of cooperative educational services, or public school, post the 38 code of conduct on the school district's, public school's or board of 39 cooperative educational services website, provide copies of a summary of 40 the code of conduct to all students at a general assembly [held at the41beginning of the school year and shall make copies of the code available42to persons in parental relation to students at the beginning of each43school year, and shall] or classroom lesson, mail a plain language 44 summary of such code to all parents or persons in parental relation to 45 students before the beginning of each school year, and make [it] such 46 copies available thereafter upon request and on the school and/or school 47 district's websites. The board of education or trustees, the chancellor 48 of the city school district in the case of the city school district of 49 the city of New York, or other governing body shall take reasonable 50 steps to ensure community awareness of the code of conduct's provisions. 51 5. a. The board of education or trustees, or the chancellor [or other52governing body] of the city school district in the case of the city 53 school district of the city of New York shall annually review and update 54 the district's codes of conduct if necessary, taking into consideration 55 the effectiveness of code of conduct provisions and the fairness and 56 consistency of its administration. Each school district is authorized toS. 134 7 1 establish a committee and to facilitate the review of the code of 2 conduct and the district's response to code of conduct violations. Any 3 such committee shall be comprised of similar individuals described in 4 subdivision three of this section. The [school] board of education or 5 trustees, the chancellor of the city school district in the case of the 6 city of New York, or other governing body shall reapprove any such 7 updated code only after at least one public hearing (that commenced upon 8 thirty days' notice) that provides for the participation of school 9 personnel, parents, students and any other interested parties. 10 b. Each district or public school, or board of cooperative educational 11 services shall file a copy of its codes of conduct with the commissioner 12 and [all] any amendments to such code shall be filed with the commis- 13 sioner no later than thirty days after their adoption. 14 § 3. Section 17 of chapter 123 of the laws of 2003 amending the educa- 15 tion law relating to establishing the community district education coun- 16 cil within the New York city community school district system, is 17 amended to read as follows: 18 § 17. This act shall take effect immediately; provided, however, that 19 [the provisions] sections one through twelve, fourteen and fifteen of 20 this act shall be deemed repealed on the same date as sections 1 through 21 20, 24 and 26 through 30 of chapter 91 of the laws of 2002. 22 § 4. Section 3214 of the education law, as amended by chapter 181 of 23 the laws of 2000, subparagraph 1 of paragraph c of subdivision 3 as 24 amended by chapter 430 of the laws of 2006, paragraphs d and f of subdi- 25 vision 3 as amended by chapter 425 of the laws of 2002, paragraph e of 26 subdivision 3 as amended by chapter 170 of the laws of 2006, paragraph g 27 of subdivision 3 as amended by chapter 352 of the laws of 2005, clause 28 (v) of subparagraph 3 of paragraph g of subdivision 3 as amended by 29 chapter 378 of the laws of 2007, paragraphs a, b and c of subdivision 30 3-a as amended by chapter 147 of the laws of 2001 and subdivision 7 as 31 amended by section 9 of part YYY of chapter 59 of the laws of 2017, is 32 amended to read as follows: 33 § 3214. Student placement, suspensions and transfers. 1. [School34delinquent. A minor under seventeen years of age, required by any of the35provisions of part one of this article to attend upon instruction, who36is an habitual truant from such instruction or is irregular in such37attendance or insubordinate or disorderly or disruptive or violent38during such attendance, is a school delinquent.392. Special day schools. The school authorities of any city or school40district may establish schools or set apart rooms in public school41buildings for the instruction of school delinquents, and fix the number42of days per week and the hours per day of required attendance, which43shall not be less than is required of minors attending the full time day44schools.452-a. a. Violent pupil. For the purposes of this section, a violent46pupil is an elementary or secondary student under twenty-one years of47age who:48(1) commits an act of violence upon a teacher, administrator or other49school employee;50(2) commits, while on school district property, an act of violence51upon another student or any other person lawfully upon said property;52(3) possesses, while on school district property, a gun, knife,53explosive or incendiary bomb, or other dangerous instrument capable of54causing physical injury or death;S. 134 8 1(4) displays, while on school district property, what appears to be a2gun, knife, explosive or incendiary bomb or other dangerous instrument3capable of causing death or physical injury;4(5) threatens, while on school district property, to use any instru-5ment that appears capable of causing physical injury or death;6(6) knowingly and intentionally damages or destroys the personal prop-7erty of a teacher, administrator, other school district employee or any8person lawfully upon school district property; or9(7) knowingly and intentionally damages or destroys school district10property.11b. Disruptive pupil. For the purposes of this section, a disruptive12pupil is an elementary or secondary student under twenty-one years of13age who is substantially disruptive of the educational process or14substantially interferes with the teacher's authority over the class-15room.163. Suspension of a pupil] Notwithstanding any provision of law, rule 17 or regulation to the contrary, this section shall apply to all public 18 schools in the state including charter schools pursuant to the 19 provisions of paragraph (c) of subdivision one of section twenty-eight 20 hundred fifty-three of this chapter. Whenever the term "board of educa- 21 tion or superintendent of schools" is used in this section, it shall be 22 deemed to include board of trustees, the chancellor of the city school 23 district in the case of the city school district of the city of New 24 York, community boards of education and community superintendents 25 governing community districts in accordance with the provisions of arti- 26 cle fifty-two-A of this chapter. 27 2. Suspension of a student. The board of education or trustees, the 28 chancellor of the city school district in the case of the city school 29 district of the city of New York, superintendent of schools, district 30 superintendent of schools and the principal of the school where the 31 student attends shall have the power to suspend a student as follows: 32 a. For a period not to exceed five consecutive school days provided 33 that the suspension of such student is not prohibited by section twen- 34 ty-eight hundred one of this chapter. 35 (1) In the case of such a suspension, the suspending authority shall 36 provide the student with written notice of the charged misconduct 37 including a brief explanation of the basis for the suspension and a 38 description of the alleged behavior that violated the code of conduct 39 that includes the date, time, and place of the scheduled informal 40 conference with the principal, the right to appeal a suspension, the 41 procedures for appeal, and the manner and location of alternative 42 instruction to be provided to the student for the duration of the 43 suspension if the student is suspended out of school. 44 (2) The student and the parent or person in parental relation to the 45 student shall be given an opportunity for an informal conference with 46 the principal. At the conference, the student and parent or person in 47 parental relation shall be authorized to review all evidence of the 48 alleged misconduct, present the student's version of the event, to ask 49 questions of the complaining witnesses, and to be represented by an 50 attorney or advocate. The aforesaid notice and opportunity for an 51 informal conference shall take place prior to suspension of the student 52 unless the student's presence in the school poses a continuing danger to 53 persons or property or an ongoing threat of disruption to the academic 54 process, in which case the student's notice and opportunity for an 55 informal conference shall take place as soon after the suspension begins 56 as is reasonably practicable.S. 134 9 1 b. For a period not to exceed twenty consecutive school days, 2 provided that the suspension of such student is not prohibited by subdi- 3 vision two of section twenty-eight hundred one of this chapter, or for a 4 period in excess of twenty consecutive school days, provided the suspen- 5 sion shall only be for conduct that falls under an exception as 6 described in a code of conduct adopted pursuant to section twenty-eight 7 hundred one of this chapter or pursuant to applicable federal law. 8 (1) No student may be suspended for a period in excess of five consec- 9 utive school days without approval from the superintendent. 10 (2) If approved, such student and the parent or person in parental 11 relation to such student shall have had an opportunity for a fair hear- 12 ing, upon reasonable written notice, which shall include a brief 13 description of the facts upon which the alleged violations of the code 14 of conduct are based, the section of the code of conduct that the 15 student is alleged to have violated, and the date, time and place of the 16 hearing. Prior to the hearing, copies of all evidence regarding the 17 alleged incident, including but not limited to statements by students 18 and staff, video surveillance, anecdotal records, photographs and other 19 documentary evidence, audio recordings, and other materials related to 20 the incident shall be provided to the student and parent or person in 21 parental relation to the student, and to any attorney or advocate of the 22 student, as well as notice of the time, manner and place of the 23 provision of alternative instruction when a student is removed from the 24 school building because of the suspension proceeding. The hearing shall 25 be convened within five days of the written notice, unless the parent or 26 person in parental relation to the student or student requests a later 27 date. 28 (3) At the hearing, such student shall have the right of represen- 29 tation by an attorney or advocate, with the right to request the pres- 30 ence of and question witnesses against such student and to request the 31 presence of and present witnesses and other evidence on their behalf. 32 (4) Where the student is a student with a disability or a student 33 presumed to have a disability, the provisions of subdivision six of this 34 section shall also apply. 35 (5) Where a student has been suspended in accordance with this para- 36 graph, the board of education or trustees, the chancellor of the city 37 school district in the case of the city school district of the city of 38 New York, superintendent of schools, district superintendent of schools, 39 or community superintendent shall personally hear and determine the 40 proceeding or may, in their discretion, designate a hearing officer to 41 conduct the hearing. The entity or individual that conducts the hearing 42 shall be authorized to administer oaths and to issue subpoenas in 43 conjunction with the proceeding. 44 (6) A record of the hearing shall be maintained, but no stenographic 45 transcript shall be required and an audio recording shall be deemed a 46 satisfactory record. The entity or individual that conducts the hearing 47 shall make written findings of fact based on a preponderance of the 48 evidence and shall make recommendations as to the appropriate measure of 49 discipline if any. The report of the hearing officer shall be advisory 50 only, and the board of education or trustees, the chancellor of the city 51 school district in the case of the city school district of the city of 52 New York, other governing body, superintendent of schools or district 53 superintendent of schools may accept all or any part thereof. 54 (7) The board of education or trustees, the chancellor of the city 55 school district in the case of the city school district of the city of 56 New York, superintendent of schools, or district superintendent ofS. 134 10 1 schools shall issue a written decision to the school and parent or 2 person in parental relation to the student within three days of the 3 hearing. The written decision shall state the length of suspension, if 4 any, findings of fact, reasons for determination, procedures for appeal, 5 the date by which the appeal shall be filed, and the manner and location 6 of alternative instruction to be provided to the student for the dura- 7 tion of the suspension if the student is suspended out of school. 8 (8) Where the basis for the suspension is, in whole or in part, the 9 possession on school grounds or school property by the student of any 10 firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor, stiletto 11 or any of the weapons, instruments or appliances specified in subdivi- 12 sion one of section 265.01 of the penal law, the hearing officer or 13 superintendent shall not be barred from considering the admissibility of 14 such weapon, instrument or appliance as evidence, notwithstanding a 15 determination by a court in a criminal or juvenile delinquency proceed- 16 ing that the recovery of such weapon, instrument or appliance was the 17 result of an unlawful search or seizure. 18 (9) Where a student has been suspended in accordance with this section 19 by a board of education or trustees, the board may in its discretion 20 hear and determine the proceeding or appoint a hearing officer who shall 21 have the same powers and duties with respect to the board that a hearing 22 officer has with respect to a superintendent where the suspension was 23 ordered by the superintendent. The findings and recommendations of the 24 hearing officer conducting the proceeding shall be advisory and subject 25 to final action by the board of education, each member of which shall 26 before voting review the testimony and acquaint themselves with the 27 evidence in the case. The board may reject, confirm or modify the 28 conclusions of the hearing officer. 29 c. (1) Consistent with the federal gun-free schools act, any public 30 school student who is determined under this subdivision to have brought 31 a firearm to or possessed a firearm at a public school shall be 32 suspended for a period of not less than one calendar year and any 33 nonpublic school pupil participating in a program operated by a public 34 school district using funds from the elementary and secondary education 35 act of nineteen hundred sixty-five who is determined under this subdivi- 36 sion to have brought a firearm to or possessed a firearm at a public 37 school or other premises used by the school district to provide such 38 programs shall be suspended for a period of not less than one calendar 39 year from participation in such program. The procedures of this subdivi- 40 sion shall apply to such a suspension of a nonpublic school student. A 41 superintendent of schools, district superintendent of schools or commu- 42 nity superintendent shall have the authority to modify this suspension 43 requirement for each student on a case-by-case basis. The determination 44 of a superintendent shall be subject to review by the board of education 45 or trustees, or the chancellor of the city school district in the case 46 of the city school district of the city of New York, pursuant to subdi- 47 vision one of this section and the commissioner pursuant to section 48 three hundred ten of this chapter. Nothing in this subdivision shall be 49 deemed to authorize the suspension of a student with a disability in 50 violation of the individuals with disabilities education act or article 51 eighty-nine of this chapter. A superintendent shall refer the student 52 under the age of sixteen who has been determined to have brought a weap- 53 on or firearm to school in violation of this subdivision to a present- 54 ment agency for a juvenile delinquency proceeding consistent with arti- 55 cle three of the family court act except a student fourteen or fifteen 56 years of age who qualifies for juvenile offender status under subdivi-S. 134 11 1 sion forty-two of section 1.20 of the criminal procedure law. A super- 2 intendent shall refer any student sixteen years of age or older or a 3 student fourteen or fifteen years of age who qualifies for juvenile 4 offender status under subdivision forty-two of section 1.20 of the crim- 5 inal procedure law, who has been determined to have brought a weapon or 6 firearm to school in violation of this subdivision to the appropriate 7 law enforcement officials. 8 (2) Nothing in this paragraph shall be deemed to mandate such action 9 by a school district pursuant to subdivision one of this section where 10 such weapon or firearm is possessed or brought to school with the writ- 11 ten authorization of such educational institution in a manner authorized 12 by article two hundred sixty-five of the penal law for activities 13 approved and authorized by the trustees or board of education or other 14 governing body of the public school and such governing body adopts 15 appropriate safeguards to ensure student safety. 16 (3) As used in this paragraph: 17 (i) "firearm" shall mean a firearm as defined in subsection a of 18 section nine hundred twenty-one of title eighteen of the United States 19 Code; and 20 (ii) "weapon" shall be as defined in paragraph two of subsection g of 21 section nine hundred thirty of title eighteen of the United States Code. 22 3. Alternative learning spaces or schools. The school authorities of 23 any city, school district or public school, or board of cooperative 24 educational services shall establish, to the extent practicable, schools 25 or set apart spaces in school buildings or properties for the instruc- 26 tion of students removed or suspended for violations of the code of 27 conduct, and fix the number of days per week and the hours per day of 28 required attendance and instruction, which shall not be less than is 29 required of minors attending the full time day schools. The commissioner 30 shall establish guidance for alternative learning spaces or schools for 31 when students are removed from the classroom or suspended, including 32 allowing a student that has been removed or suspended on school property 33 to take an examination or assessment that cannot be rescheduled when the 34 student presents a risk to the health and safety of the school community 35 as it applies to subdivisions seven and eight of this section and 36 section twenty-eight hundred one of this chapter. 37 4. Consideration for student suspension. a. (1) The board of educa- 38 tion[, board of] or trustees [or sole trustee], the chancellor of the 39 city school district in the case of the city school district of the city 40 of New York, the superintendent of schools, district superintendent of 41 schools or principal of a school may suspend [the following pupils] 42 students from required attendance upon instruction[:43A pupil who is insubordinate or disorderly or violent or disruptive,44or whose conduct otherwise endangers the safety, morals, health or45welfare of others] as provided in subdivision two of this section, in 46 accordance with the code of conduct, provided that the suspension of 47 such student is not prohibited by section twenty-eight hundred one of 48 this chapter. 49 (2) School officials shall weigh the likelihood that a lesser inter- 50 vention or discipline would adequately address the student's misconduct, 51 redress any harm or damage, and prevent future violations of the code of 52 conduct. 53 (3) The school shall conduct an investigation of any report of a 54 violation of the code of conduct. 55 (4) The school shall inform any student that submission of a written 56 statement is voluntary and that any statement by the student, written orS. 134 12 1 oral, may be used against the student in a criminal, immigration, or 2 juvenile delinquency investigation and/or proceeding and/or in a court 3 of law. If a student has been arrested or if the school is considering 4 referring the student to law enforcement, the school shall not request a 5 statement from such student, except where there is imminent risk of 6 serious physical injury to the student or other person or persons. 7 b. [(1) The board of education, board of trustees, or sole trustee,8superintendent of schools, district superintendent of schools and the9principal of the school where the pupil attends shall have the power to10suspend a pupil for a period not to exceed five school days. In the11case of such a suspension, the suspending authority shall provide the12pupil with notice of the charged misconduct. If the pupil denies the13misconduct, the suspending authority shall provide an explanation of the14basis for the suspension. The pupil and the person in parental relation15to the pupil shall, on request, be given an opportunity for an informal16conference with the principal at which the pupil and/or person in17parental relation shall be authorized to present the pupil's version of18the event and to ask questions of the complaining witnesses. The afore-19said notice and opportunity for an informal conference shall take place20prior to suspension of the pupil unless the pupil's presence in the21school poses a continuing danger to persons or property or an ongoing22threat of disruption to the academic process, in which case the pupil's23notice and opportunity for an informal conference shall take place as24soon after the suspension as is reasonably practicable.25(2) A teacher shall immediately report and refer a violent pupil prin-26cipal or superintendent for a violation of the code of conduct and a27minimum suspension period pursuant to section twenty-eight hundred one28of this chapter.29c. (1) No pupil may be suspended for a period in excess of five school30days unless such pupil and the person in parental relation to such pupil31shall have had an opportunity for a fair hearing, upon reasonable32notice, at which such pupil shall have the right of representation by33counsel, with the right to question witnesses against such pupil and to34present witnesses and other evidence on [his or her] the pupil's behalf. 35 Where the pupil is a student with a disability or a student presumed to 36 have a disability, the provisions of paragraph g of this subdivision 37 shall also apply. Where a pupil has been suspended in accordance with 38 this subparagraph by a superintendent of schools, district superinten- 39 dent of schools, or community superintendent, the superintendent shall 40 personally hear and determine the proceeding or may, in [his or her] 41 such superintendent's discretion, designate a hearing officer to conduct 42 the hearing. The hearing officer shall be authorized to administer oaths 43 and to issue subpoenas in conjunction with the proceeding [before him or44her]. A record of the hearing shall be maintained, but no stenographic 45 transcript shall be required and a tape recording shall be deemed a 46 satisfactory record. The hearing officer shall make findings of fact 47 and recommendations as to the appropriate measure of discipline to the 48 superintendent. The report of the hearing officer shall be advisory 49 only, and the superintendent may accept all or any part thereof. An 50 appeal will lie from the decision of the superintendent to the board of 51 education who shall make its decision solely upon the record before it. 52 The board may adopt in whole or in part the decision of the superinten- 53 dent of schools. Where the basis for the suspension is, in whole or in 54 part, the possession on school grounds or school property by the student 55 of any firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor, 56 stiletto or any of the weapons, instruments or appliances specified inS. 134 13 1 subdivision one of section 265.01 of the penal law, the hearing officer 2 or superintendent shall not be barred from considering the admissibility 3 of such weapon, instrument or appliance as evidence, notwithstanding a 4 determination by a court in a criminal or juvenile delinquency proceed- 5 ing that the recovery of such weapon, instrument or appliance was the 6 result of an unlawful search or seizure. 7 (2) Where a pupil has been suspended in accordance with this section 8 by a board of education, the board may in its discretion hear and deter- 9 mine the proceeding or appoint a hearing officer who shall have the same 10 powers and duties with respect to the board that a hearing officer has 11 with respect to a superintendent where the suspension was ordered by 12 [him] such superintendent. The findings and recommendations of the hear- 13 ing officer conducting the proceeding shall be advisory and subject to 14 final action by the board of education, each member of which shall 15 before voting review the testimony and [acquaint himself] become 16 acquainted with the evidence in the case. The board may reject, confirm 17 or modify the conclusions of the hearing officer. 18 d. (1) Consistent with the federal gun-free schools act, any public 19 school pupil who is determined under this subdivision to have brought a 20 firearm to or possessed a firearm at a public school shall be suspended 21 for a period of not less than one calendar year and any nonpublic school 22 pupil participating in a program operated by a public school district 23 using funds from the elementary and secondary education act of nineteen 24 hundred sixty-five who is determined under this subdivision to have 25 brought a firearm to or possessed a firearm at a public school or other 26 premises used by the school district to provide such programs shall be 27 suspended for a period of not less than one calendar year from partic- 28 ipation in such program. The procedures of this subdivision shall apply 29 to such a suspension of a nonpublic school pupil. A superintendent of 30 schools, district superintendent of schools or community superintendent 31 shall have the authority to modify this suspension requirement for each 32 student on a case-by-case basis. The determination of a superintendent 33 shall be subject to review by the board of education pursuant to para- 34 graph c of this subdivision and the commissioner pursuant to section 35 three hundred ten of this chapter. Nothing in this subdivision shall be 36 deemed to authorize the suspension of a student with a disability in 37 violation of the individuals with disabilities education act or article 38 eighty-nine of this chapter. A superintendent shall refer the pupil 39 under the age of sixteen who has been determined to have brought a weap- 40 on or firearm to school in violation of this subdivision to a present- 41 ment agency for a juvenile delinquency proceeding consistent with arti- 42 cle three of the family court act except a student fourteen or fifteen 43 years of age who qualifies for juvenile offender status under subdivi- 44 sion forty-two of section 1.20 of the criminal procedure law. A super- 45 intendent shall refer any pupil sixteen years of age or older or a 46 student fourteen or fifteen years of age who qualifies for juvenile 47 offender status under subdivision forty-two of section 1.20 of the crim- 48 inal procedure law, who has been determined to have brought a weapon or 49 firearm to school in violation of this subdivision to the appropriate 50 law enforcement officials. 51 (2) Nothing in this paragraph shall be deemed to mandate such action 52 by a school district pursuant to subdivision one of this section where 53 such weapon or firearm is possessed or brought to school with the writ- 54 ten authorization of such educational institution in a manner authorized 55 by article two hundred sixty-five of the penal law for activities 56 approved and authorized by the trustees or board of education or otherS. 134 14 1 governing body of the public school and such governing body adopts 2 appropriate safeguards to ensure student safety. 3 (3) As used in this paragraph: 4 (i) "firearm" shall mean a firearm as defined in subsection a of 5 section nine hundred twenty-one of title eighteen of the United States 6 Code; and 7 (ii) "weapon" shall be as defined in paragraph 2 of subsection g of 8 section nine hundred thirty of title eighteen of the United States Code. 9 e.] In considering appropriate discipline measures, school authorities 10 shall consider the facts of each case, including, but not limited to: 11 (1) the nature and impact of the student's alleged misconduct, includ- 12 ing but not limited to the harm to the student or other persons, damage 13 to personal or school property or threat to the safety and welfare of 14 the school community; 15 (2) the student's age, ability to speak or understand English, phys- 16 ical health, mental and emotional health, disabilities, and provisions 17 of an individualized education program as it relates to the student's 18 behavior; 19 (3) the student as a whole including life inside and outside of school 20 that may impact behavior such as food insecurity, homelessness, bully- 21 ing, lack of school supplies, abuse, hygiene access, and other issues 22 that may occur in or out of school; 23 (4) the student's willingness to resolve the conflict and repair any 24 harm or damage; 25 (5) the student's prior conduct, the appropriateness of prior inter- 26 ventions, and the effectiveness of any prior interventions; 27 (6) the relationship, if any, between the student's academic placement 28 and program and the alleged violation of the code of conduct; and 29 (7) other factors determined to be relevant. 30 5. Procedure after suspension. Where a [pupil] student has been 31 suspended pursuant to this subdivision and said [pupil is of compulsory32attendance age] student has the legal right to attend school, immediate 33 steps shall be taken for [his or her] the student's attendance upon 34 instruction elsewhere [or for supervision or detention of said pupil35pursuant to the provisions of article seven of the family court act]. 36 Where a [pupil] student has been suspended for cause, the suspension may 37 be revoked by the board of education or trustees, or the chancellor of 38 the city school district in the case of the city school district of the 39 city of New York, whenever it appears to be for the best interest of the 40 school and the [pupil] student to do so. The board of education or trus- 41 tees, or the chancellor of the city school district in the case of the 42 city school district for the city of New York, may also condition a 43 student's early return to school and suspension revocation on the 44 [pupil's] student's voluntary participation in counseling or specialized 45 classes, including anger management or dispute resolution, where appli- 46 cable. 47 [f. Whenever the term "board of education or superintendent of48schools" is used in this subdivision, it shall be deemed to include49community boards of education and community superintendents governing50community districts in accordance with the provisions of article fifty-51two-A of this chapter.52g.] 6. Discipline of students with disabilities and students presumed 53 to have a disability for discipline purposes. [(1)] a. Notwithstanding 54 any other provision of this subdivision to the contrary, a student with 55 a disability as such term is defined in section forty-four hundred one 56 of this chapter and a student presumed to have a disability for disci-S. 134 15 1 pline purposes, may be suspended or removed from [his or her] the 2 student's current educational placement, provided that the suspension of 3 such student is not prohibited by section twenty-eight hundred one of 4 this chapter, for violation of [school rules] the code of conduct only 5 in accordance with the procedures established in this section, the regu- 6 lations of the commissioner implementing this paragraph, and subsection 7 (k) of section fourteen hundred fifteen of title twenty of the United 8 States code and the federal regulations implementing such statute, as 9 such federal law and regulations are from time to time amended. Nothing 10 in this paragraph shall be construed to confer greater rights on such 11 students than are conferred under applicable federal law and regu- 12 lations, or to limit the ability of a school district to change the 13 educational placement of a student with a disability in accordance with 14 the procedures in article eighty-nine of this chapter. 15 [(2)] b. As used in this paragraph: 16 (1) a "student presumed to have a disability for discipline purposes" 17 shall mean a student who the school district is deemed to have knowledge 18 was a student with a disability before the behavior that precipitated 19 disciplinary action under the criteria in subsection (k) (5) of section 20 fourteen hundred fifteen of title twenty of the United States code and 21 the federal regulations implementing such statute; and 22 [(ii)] (2) a "manifestation team" means a representative of the school 23 district, the parent or person in parental relation, and relevant 24 members of the committee on special education, as determined by the 25 parent or person in parental relation and the district. 26 [(3)] c. In applying the federal law consistent with this section: 27 [(i)] (1) in the event of a conflict between the procedures estab- 28 lished in this section and those established in subsection (k) of 29 section fourteen hundred fifteen of title twenty of the United States 30 code and the federal regulations implementing such statute, such federal 31 statute and regulations shall govern. 32 [(ii)] (2) the board of trustees or board of education of any school 33 district, the chancellor of the city school district of the city of New 34 York, a district superintendent of schools or a building principal shall 35 have authority, provided that suspension of such student is not prohib- 36 ited by subdivision two of section twenty-eight hundred one of this 37 chapter, to order the placement of a student with a disability into an 38 appropriate interim alternative educational setting, another setting or 39 suspension, provided that the suspension of such student is not prohib- 40 ited by section twenty-eight hundred one of this chapter, for a period 41 not to exceed five consecutive school days where such student is 42 suspended pursuant to this subdivision and, except as otherwise provided 43 in [clause (vi) of this] subparagraph four of this paragraph, the 44 suspension does not result in a change in placement under federal law. 45 [(iii)] (3) the superintendent of schools of a school district, either 46 directly or upon recommendation of a hearing officer designated pursuant 47 to [paragraph c of this] subdivision two of this section, may order the 48 placement of a student with a disability into an interim alternative 49 educational setting, another setting or suspension, provided that the 50 suspension of such student is not prohibited by section twenty-eight 51 hundred one of this chapter, for up to ten consecutive school days, 52 inclusive of any period in which the student is placed in an appropriate 53 interim alternative educational setting, another setting or suspension 54 pursuant to [clause (ii) of this] subparagraph two of this paragraph for 55 the behavior, where the superintendent determines in accordance with the 56 procedures set forth in this subdivision that the student has engaged inS. 134 16 1 behavior that warrants a suspension, and, except as otherwise provided 2 in [clause (vi) of this] subparagraph four of this paragraph, the 3 suspension does not result in a change in placement under federal law. 4 [(iv)] (4) the superintendent of schools of a school district, either 5 directly or upon recommendation of a hearing officer designated pursuant 6 to [paragraph c of this] subdivision two of this section, may order the 7 change in placement of a student with a disability to an interim alter- 8 native educational setting for up to forty-five school days under the 9 circumstances specified in subsection (k)(1)(G) of section fourteen 10 hundred fifteen of title twenty of the United States code and the feder- 11 al regulations implementing such statute or a longer period where 12 authorized by federal law under the circumstances specified in 13 subsection (k)(1)(C) of section fourteen hundred fifteen of title twenty 14 of the United States code and the federal regulations implementing such 15 statute, but in neither case shall such period exceed the period of 16 suspension ordered by a superintendent in accordance with this subdivi- 17 sion, provided that the suspension of such student is not prohibited by 18 section twenty-eight hundred one of this chapter. 19 [(v)] (5) the terms "day," "business day," and "school day" shall be 20 as defined in section 300.11 of title thirty-four of the code of federal 21 regulations. 22 [(vi)] (6) notwithstanding any other provision of this subdivision to 23 the contrary, upon a determination by a manifestation team that the 24 behavior of a student with a disability was not a manifestation of the 25 student's disability, such student may be disciplined pursuant to this 26 section in the same manner and for the same duration as a nondisabled 27 student, except that such student shall continue to receive services to 28 the extent required under federal law and regulations, and such services 29 may be provided in an interim alternative educational setting, provided 30 that the suspension of such student is not prohibited by section twen- 31 ty-eight hundred one of this chapter. 32 [(vii)] (7) an impartial hearing officer appointed pursuant to subdi- 33 vision one of section forty-four hundred four of this chapter may order 34 a change in placement of a student with a disability to an appropriate 35 interim alternative educational setting for not more than forty-five 36 school days under the circumstances specified in subsections (k)(3) and 37 (k)(4) of section fourteen hundred fifteen of title twenty of the United 38 States code and the federal regulations implementing such statutes, 39 provided that such procedure may be repeated, as necessary, provided 40 that the suspension of such student is not prohibited by section twen- 41 ty-eight hundred one of this chapter. 42 [(viii)] (8) nothing in this section shall be construed to authorize 43 the suspension or removal of a student with a disability from [his or44her] the student's current educational placement for violation of school 45 rules following a determination by a manifestation team that the behav- 46 ior is a manifestation of the student's disability, except as authorized 47 under federal law and regulations. 48 [(ix)] (9) the commissioner shall implement this paragraph by adopting 49 regulations which coordinate the procedures required for discipline of 50 students with disabilities, and students presumed to have a disability 51 for discipline purposes, pursuant to subsection (k) of section fourteen 52 hundred fifteen of title twenty of the United States code and the feder- 53 al regulations implementing such statute, with the general procedures 54 for student discipline under this section. 55 [3-a.] 7. Education plan. When a student is suspended from school 56 consistent with this section and section twenty-eight hundred one ofS. 134 17 1 this chapter, the principal, or the principal's designee, in consulta- 2 tion with the student's teachers, shall create an education plan for the 3 student for each class in which the student is enrolled, according to 4 the timeframe policies required in the code of conduct described in 5 section twenty-eight hundred one of this chapter. The education plan 6 shall make provisions for a student's on-going academic instruction 7 during the suspension and shall include the steps the school will take 8 to provide the student with a successful re-entry to school. The student 9 shall have the opportunity to earn all academic credit they would have 10 been eligible to earn had the student been in class, including the 11 opportunity to complete any missed assignments or take any missed exam- 12 ination or assessments during the student's suspension. If an examina- 13 tion or assessment cannot be rescheduled, the student shall be allowed 14 on school property to take such assessment or examination on the day and 15 time that the assessment or examination is given, unless the student 16 presents a risk to the health and safety of the school community then 17 the assessment or examination should be provided in an alternative space 18 as described in subdivision three of this section, if available. 19 8. Teacher removal of a [disruptive pupil] student. In addition, any 20 teacher shall have the power and authority to remove a [disruptive21pupil, as defined in subdivision two-a of this section,] student from 22 such teacher's classroom consistent with discipline measures contained 23 in the code of conduct adopted by the board pursuant to section twenty- 24 eight hundred one of this chapter. The school authorities of any school 25 district or public school, board of cooperative educational services 26 shall establish policies and procedures to ensure the provision of 27 continued educational programming and activities for students removed 28 from the classroom pursuant to this [subdivision and provided further29that nothing] section. When a student is removed from the classroom, 30 the student shall have the opportunity to earn all academic credit 31 including the opportunity to complete any missed assignments or take any 32 missed examinations or assessments during the student's removal. If an 33 examination or assessment cannot be rescheduled, the student shall be 34 allowed on school property to take such assessment or examination on the 35 day and time that the assessment or examination is given unless the 36 student presents a risk to the health and safety of the school community 37 then the assessment or examination should be provided in an alternative 38 space as described in subdivision three of this section, if available. 39 Nothing in this subdivision shall authorize the removal of a [pupil] 40 student in violation of any state or federal law or regulation. No 41 [pupil] student shall return to the classroom until the principal makes 42 a final determination pursuant to [paragraph c of] this subdivision, or 43 the period of removal expires, whichever is less. 44 a. Such teacher shall inform the [pupil] student and the school prin- 45 cipal of the reasons for the removal. If the teacher finds that the 46 [pupil's] student's continued presence in the classroom does not pose a 47 continuing danger to persons or property and does not present an ongoing 48 threat of disruption to the academic process, the teacher shall, prior 49 to removing the student from the classroom, provide the student with an 50 explanation of the basis for the removal and allow the [pupil] student 51 to informally present the [pupil's] student's version of relevant 52 events. In all other cases, the teacher shall provide the [pupil] 53 student with an explanation of the basis for the removal and an informal 54 opportunity to be heard within twenty-four hours of the [pupil's] 55 student's removal, provided that if such twenty-four hour period doesS. 134 18 1 not end on a school day, it shall be extended to the corresponding time 2 on the next school day. 3 b. The principal shall inform the parent or person in parental 4 relation to such [pupil] student of the removal and the reasons therefor 5 within twenty-four hours of the [pupil's] student's removal, provided 6 that if such twenty-four hour period does not end on a school day, it 7 shall be extended to the corresponding time on the next school day. The 8 [pupil] student and the parent or person in parental relation shall, 9 upon request, be given an opportunity for an informal conference with 10 the principal to discuss the reasons for the removal. If the [pupil] 11 student denies the charges, the principal shall provide an explanation 12 of the basis for the removal and allow the [pupil] student and/or person 13 in parental relation to the [pupil] student an opportunity to present 14 the [pupil's] student's version of relevant events. Such informal [hear-15ing] conference shall be held within forty-eight hours of the [pupil's] 16 student's removal, provided that if such forty-eight hour period does 17 not end on a school day, it shall be extended to the corresponding time 18 on the second school day next following the [pupil's] student's removal. 19 For purposes of this subdivision, "school day" shall mean a school day 20 as defined pursuant to [clause (v) of] subparagraph [three] five of 21 paragraph [g] c of subdivision [three] six of this section. 22 c. The principal shall not set aside the discipline imposed by the 23 teacher unless the principal finds that the charges against the [pupil] 24 student are not supported by substantial evidence or that the [pupil's] 25 student's removal is otherwise in violation of law or that the conduct 26 warrants suspension from school pursuant to this section and a suspen- 27 sion will be imposed. The principal's determination made pursuant to 28 this paragraph shall be made by the close of business on the day 29 succeeding the forty-eight hour period for an informal hearing contained 30 in paragraph b of this subdivision. 31 d. The principal may, in [his or her] the principal's discretion, 32 designate a school district administrator, to carry out the functions 33 required of the principal under this subdivision. 34 [4.] 9. Expense. [a.] The expense attending the commitment and costs 35 of maintenance of any [school delinquent] student placed as a result of 36 a finding related to school or educational issues shall be a charge 37 against the city or district where [he] the student resides, if such 38 city or district employs a superintendent of schools; otherwise it shall 39 be a county charge. 40 [b. The school authorities may institute proceedings before a court41having jurisdiction to determine the liability of a person in parental42relation to contribute towards the maintenance of a school delinquent43under sixteen years of age ordered to attend upon instruction under44confinement. If the court shall find the person in parental relation45able to contribute towards the maintenance of such a minor, it may issue46an order fixing the amount to be paid weekly.475.] 10. Involuntary transfers of [pupils] students who have not been 48 determined to be a student with a disability or a student presumed to 49 have a disability for discipline purposes. 50 a. The board of education[, board of] or trustees [or sole trustee,], 51 the chancellor of the city school district in the case of the city 52 school district of New York, other governing body, the superintendent of 53 schools, or district superintendent of schools may transfer a [pupil] 54 student who has not been determined to be a student with a disability as 55 defined in section forty-four hundred one of this chapter, or a student 56 presumed to have a disability for discipline purposes as defined inS. 134 19 1 [paragraph g of] subdivision [three] six of this section from regular 2 classroom instruction to an appropriate educational setting in another 3 school upon the written recommendation of the school principal and 4 following independent review thereof. For purposes of this section of 5 the law, "involuntary transfer" does not include a transfer made by a 6 school district as part of a plan to reduce racial imbalance within the 7 schools or as a change in school attendance zones or geographical bound- 8 aries. 9 b. A school principal may initiate a non-requested transfer where it 10 is believed that such a [pupil] student would benefit from the transfer, 11 or when the [pupil] student would receive an adequate and appropriate 12 education in another school program or facility. 13 No recommendation for [pupil] student transfer shall be initiated by 14 the principal until such [pupil] student and a parent or person in 15 parental relation has been sent written notification of the consider- 16 ation of transfer recommendation. Such notice shall set a time and place 17 of an informal conference with the principal and shall inform such 18 parent or person in parental relation and such [pupil] student of their 19 right to be accompanied by counsel or an individual of their choice. 20 c. After the conference and if the principal concludes that the 21 [pupil] student would benefit from a transfer or that the [pupil] 22 student would receive an adequate and appropriate education in another 23 school program or facility, the principal may issue a recommendation of 24 transfer to the superintendent. Such recommendation shall include a 25 description of behavior and/or academic problems indicative of the need 26 for transfer; a description of alternatives explored and prior action 27 taken to resolve the problem. A copy of that letter shall be sent to the 28 parent or person in parental relation and to the [pupil] student. 29 d. Upon receipt of the principal's recommendation for transfer and a 30 determination to consider that recommendation, the superintendent shall 31 notify the parent or person in parental relation and the [pupil] student 32 of the proposed transfer and of their right to a fair hearing as 33 provided in [paragraph c of] subdivision [three] two of this section and 34 shall list community agencies and free legal assistance which may be of 35 assistance. The written notice shall include a statement that the 36 [pupil] student or parent or person in parental relation has ten days to 37 request a hearing and that the proposed transfer shall not take effect, 38 except upon written parental consent, until the ten day period has 39 elapsed, or, if a fair hearing is requested, until after a formal deci- 40 sion following the hearing is rendered, whichever is later. 41 e. Parental consent to a transfer shall not constitute a waiver of the 42 right to a fair hearing. 43 [6.] 11. Transfer of a [pupil] student. Where a suspended [pupil] 44 student is to be transferred pursuant to subdivision [five] ten of this 45 section, [he or she] the student shall remain on the register of the 46 original school for two school days following transmittal of [his or47her] the student's records to the school to which [he or she] the 48 student is to be transferred. The receiving school shall immediately 49 upon receiving those records transmitted by the original school, review 50 them to [insure] ensure proper placement of the [pupil] student. Staff 51 members who are involved in the [pupil's] student's education must be 52 provided with pertinent records and information relating to the back- 53 ground and problems of the [pupil] student before the [pupil] student is 54 placed in a classroom. 55 [7.] 12. Transfer of disciplinary records. Notwithstanding any other 56 provision of law to the contrary, each local educational agency, as suchS. 134 20 1 term is defined in subsection thirty of section eighty-one hundred one 2 of the Elementary and Secondary Education Act of 1965, as amended, shall 3 establish procedures in accordance with section eighty-five hundred 4 thirty-seven of the Elementary and Secondary Education Act of 1965, as 5 amended, and the Family Educational Rights and Privacy Act of 1974, to 6 facilitate the transfer of disciplinary records relating to the suspen- 7 sion or expulsion of a student to any public or nonpublic elementary or 8 secondary school in which such student enrolls or seeks, intends or is 9 instructed to enroll, on a full-time or part-time basis. 10 13. Annual report on student discipline. a. The board of education or 11 superintendent of schools shall post on its website and submit to the 12 department by October thirty-first of each year an annual report, based 13 on data from the preceding school year, on the discipline of students. 14 The department shall analyze the collected data and compare to previous 15 year post collected annual reports on their website by November thirti- 16 eth of each year. 17 b. The commissioner shall establish and distribute a uniform reporting 18 structure for school districts to fill out for annual report on the 19 discipline of students requirement, pursuant to this subdivision. The 20 uniform reporting structure shall collect data on the following: 21 (1) the number of teacher removals, number of days removed, and 22 purpose of removal; 23 (2) the number of suspensions, length of suspension, and purpose of 24 suspension; 25 (3) the number of students subjected more than once to a teacher 26 removal, suspension, or any combination thereof; 27 (4) the number of students subjected to an expulsion; and 28 (5) this data shall be disaggregated, where apparent, disclosed or 29 discoverable: by race, ethnicity, gender, gender expression, sexuality, 30 family income or economic status, religion, grade, year of birth, wheth- 31 er the individual is receiving special education services, whether the 32 individual is an English language learner, and homeless status. 33 § 5. Subdivision (a) of section 8 of chapter 430 of the laws of 2006, 34 amending the education law relating to implementation of the federal 35 individuals with disabilities education improvement act of 2004, as 36 amended by chapter 122 of the laws of 2024, is amended to read as 37 follows: 38 (a) sections one[, two,] and six of this act shall expire and be 39 deemed repealed June 30, 2027; 40 § 6. Section 22 of chapter 352 of the laws of 2005, amending the 41 education law relating to implementation of the federal individuals with 42 disabilities education improvement act of 2004, as amended by chapter 43 122 of the laws of 2024, is amended to read as follows: 44 § 22. This act shall take effect July 1, 2005, provided, however, if 45 this act shall become a law after such date it shall take effect imme- 46 diately and shall be deemed to have been in full force and effect on and 47 after July 1, 2005; and provided further, however, that sections one 48 through [four] three and six through twenty-one of this act shall expire 49 and be deemed repealed June 30, 2027, and section five of this act shall 50 expire and be deemed repealed June 30, 2027. 51 § 7. Subdivision d of section 27 of chapter 378 of the laws of 2007, 52 amending the education law relating to implementation of the federal 53 individuals with disabilities education improvement act of 2004, as 54 amended by chapter 122 of the laws of 2024, is amended to read as 55 follows:S. 134 21 1 d. [the provisions] sections one, two and four through twenty-five of 2 this act shall expire and be deemed repealed June 30, 2027. 3 § 8. This act shall take effect immediately; provided, however that 4 sections two and four of this act shall take effect July 1, 2026.
