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 - Dead) 2024-05-30 - PRINT NUMBER 1040B [S01040 Detail]
Download: New_York-2023-S01040-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1040--B 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 -- recommitted to the Committee on Education in accordance with Senate Rule 6, sec. 8 -- 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". EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02392-13-4S. 1040--B 2 1 § 2. Section 2801 of the education law, as added by chapter 181 of the 2 laws of 2000, subdivision 1 as amended by chapter 402 of the laws of 3 2005, the opening paragraph, paragraph a and paragraph c of subdivision 4 2 and paragraph a of subdivision 5 as amended by chapter 380 of the laws 5 of 2001, paragraphs l and m as amended and paragraph n of subdivision 2 6 as added by chapter 482 of the laws of 2010, and subdivision 3 as 7 amended by chapter 123 of the laws of 2003, is amended to read as 8 follows: 9 § 2801. Codes of conduct on school property. 1. Notwithstanding any 10 provision of law, rule or regulation to the contrary, this section shall 11 apply to all public schools in the state. For purposes of this 12 section[,]: 13 a. public school shall include public charter schools pursuant to the 14 provisions of paragraph (c) of subdivision one of section twenty-eight 15 hundred fifty-three of this title; and 16 b. school property means in or within any building, structure, athlet- 17 ic playing field, playground, parking lot or land contained within the 18 real property boundary line of [a] all public elementary or secondary 19 [school] schools; or in or on a school bus, as defined in section one 20 hundred forty-two of the vehicle and traffic law; [and a] or a school's 21 electronic files and databases. A school function shall mean a school- 22 sponsored or school-authorized extra-curricular event or activity 23 regardless of where such event or activity takes place, including any 24 event or activity that may take place in another state. 25 2. The board of education or the trustees[, as defined in section two26of this chapter,] of every public school or school district [within the27state, however created, and every] or the chancellor of the city school 28 district in the case of the city school district of the city of New 29 York, and every board of cooperative educational services [and county30vocational extension board], shall adopt and amend, as appropriate, a 31 code of conduct for the maintenance of order on school property, includ- 32 ing a school function, which shall promote and sustain a safe, respect- 33 ful, and supportive school environment and govern the conduct of 34 students, teachers and other school personnel as well as visitors and 35 shall provide for the enforcement thereof. Such policy may be adopted by 36 the [school] board of education or trustees, or the chancellor of the 37 city school district in the case of the city school district of the city 38 of New York only after at least one public hearing that provides for the 39 participation of school personnel, parents, students and any other 40 interested parties before its adoption. The school district or public 41 school, or board of cooperative educational services shall notify the 42 school community and general public about the hearing at least fifteen 43 days prior to the date of the hearing. Such notice shall include the 44 date, time, and place of the hearing, the agenda, a copy of the proposed 45 code of conduct, and information about a public comment period as deter- 46 mined by the school district or public school, or board of cooperative 47 educational services. The school district or public school, or board of 48 cooperative educational services shall take necessary steps to notify 49 families who do not speak English and whose children attend a school in 50 the district or public school, or a board of cooperative educational 51 services. Such code of conduct shall define violations of the code of 52 conduct and set clear expectations for student conduct on school proper- 53 ty, including at school functions, and shall include, at a minimum: 54 a. [provisions] Acceptable and unacceptable behavior. Provisions 55 detailing acceptable and unacceptable behavior in schools shall include 56 behavior:S. 1040--B 3 1 (i) regarding conduct, dress and language deemed appropriate and 2 acceptable on school property, including a school function, and conduct, 3 dress and language deemed unacceptable and inappropriate on school prop- 4 erty, including a school function[,]; and 5 [provisions] (ii) regarding acceptable civil and respectful treatment 6 of teachers, school administrators, other school personnel, students and 7 visitors on school property[, including a] and at school [function,8including the appropriate range of disciplinary measures which may be9imposed for violation of such code, and the roles of teachers, adminis-10trators, other school personnel, the board of education and parents;] 11 functions. 12 b. Disciplinary measures and strategies. Provisions detailing disci- 13 plinary measures shall: 14 (i) be age-appropriate, graduated, and proportionate to respond to any 15 violation of the code of conduct before imposing a removal or suspen- 16 sion, the building administrator shall consult with a school psychol- 17 ogist or other mental health professional, to determine age-appropriate 18 supports and interventions for the student for removal, detention, or 19 suspension; 20 (ii) consider the student's whole circumstances from a holistic lens 21 including life inside and outside of school that may impact behavior 22 including but not limited to food insecurity, homelessness, bullying, 23 lack of school supplies, abuse, hygiene access, and other issues that 24 may occur in or out of school; 25 (iii) utilize multi-tiered systems of support and positive behavioral 26 interventions, including: 27 (1) use of the least severe action necessary to respond to any 28 violation of the code of conduct before imposing a removal or suspen- 29 sion; and 30 (2) restorative practices, social and emotional learning, therapeutic 31 crisis interventions, counseling, de-escalation, collaborative problem- 32 solving, conflict mediation or resolution strategies, engagement with 33 families, class meetings, facilitated circles, conferences, peer medi- 34 ation, and other interventions; 35 (iv) ensure any disciplinary strategies used shall provide students 36 with the opportunity to hold themselves accountable for their behavior 37 and repair any harm, which may include strategies to build community, 38 strengthen relationships, engage in restorative practices; and allowing 39 students the opportunity to remedy harm through community service with 40 consent of their parents or persons in parental relations. 41 c. Suspension provisions. Provisions detailing school suspensions 42 shall: 43 (i) prohibit the suspension of students in pre-kindergarten through 44 grade three, except if a suspension is necessary to comply with applica- 45 ble federal laws, including the Gun Free school act 20 U.S.C. 7961 et 46 al. In the event a student in grades pre-K through three engages in 47 behavior that would otherwise give rise to consideration of a suspension 48 were they in grades four and above, schools shall make use of positive 49 behavioral supports, and all other necessary services and interventions, 50 including but not limited to functional behavior assessments and behav- 51 ior intervention plans, that may be implemented to prevent the recur- 52 rence of the student's behaviors; 53 (ii) prohibit suspensions for acts of disobedience; 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--B 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 for the removal from the classroom and from school proper- 7 ty, including a school function, of students and other persons who 8 violate the code of conduct; 9 (vi) provide for detention, suspension and removal from the classroom 10 of students, consistent with section thirty-two hundred fourteen of this 11 chapter and other applicable federal, state and local laws; 12 (vii) establish disciplinary measures to be taken in incidents involv- 13 ing the possession or use of illegal substances or weapons, the use of 14 physical force, vandalism, violation of another student's civil rights 15 and threats of violence; 16 (viii) include exceptions to all prohibitions or limitations of 17 suspension described in this section which shall only include conduct as 18 follows: 19 (1) sale or distribution of tobacco, alcohol, drugs or other illegal 20 substances; 21 (2) conduct that was intended and resulted in serious bodily injury 22 upon another person while at school, on school premises, or at a school 23 function; 24 (3) physical sexual assault and/or forcing another to engage in a 25 sexual activity while at school, on school premises, or at a school 26 function; or 27 (4) is necessary to comply with applicable federal laws. 28 d. Code of conduct and disciplinary procedures. School authorities 29 shall establish: 30 (i) standards and procedures to assure security and safety of students 31 and school personnel; 32 [c. provisions for the removal from the classroom and from school33property, including a school function, of students and other persons who34violate the code;35d. disciplinary measures to be taken in incidents involving the36possession or use of illegal substances or weapons, the use of physical37force, vandalism, violation of another student's civil rights and38threats of violence;39e. provisions for detention, suspension and removal from the classroom40of students, consistent with section thirty-two hundred fourteen of this41chapter and other applicable federal, state and local laws including42provisions for the school authorities to establish] (ii) policies and 43 procedures to ensure the provision of continued educational programming 44 and activities for students removed from the classroom, placed in 45 detention, or suspended from school, which shall include: 46 (1) an education plan that the principal, or the principal's designee, 47 in consultation with the student's teachers, shall create for the 48 student for each class in which the student is enrolled. The education 49 plan shall make provisions for a student's on-going academic instruction 50 during the removal or suspension and shall include the steps the school 51 will take to provide the student with a successful re-entry to school. 52 The student shall have the opportunity to earn all academic credit they 53 would have been eligible to earn had the student been in class, includ- 54 ing the opportunity to complete any missed assignments or take any 55 missed examinations or assessments during the student's removal or 56 suspension;S. 1040--B 5 1 (2) procedures for when an examination or assessment cannot be 2 rescheduled, the student shall be allowed on school property to take 3 such assessment or examination on the day and time that the assessment 4 or examination is given, unless the student presents a risk to the 5 health and safety of the school community, then alternative spaces may 6 be used as described in section thirty-two hundred fourteen of this 7 chapter; 8 (3) policies on the timeframe an educational plan shall be completed 9 and implemented, this shall be within a reasonable and expeditious time- 10 frame to mitigate learning loss in accordance with the length of the 11 suspension, provided that the education plan is delivered to the student 12 no later than forty-eight hours after the start of suspension; and 13 (4) in the event a suspension is imposed for twenty-one days or more, 14 starting from the first day of exclusion, the education plan shall, 15 include meetings every ten school days comprising of the student, parent 16 or person in parental relation, guidance, school support staff and 17 teachers to review the student's academic progress, services and barri- 18 ers, if any, to a return to the school community. Consideration shall be 19 given to a termination of suspension status and immediate return to the 20 school community. In no event shall a suspension be longer than forty 21 days unless to comply with applicable federal law. 22 [f.] (iii) procedures by which violations of the code of conduct are 23 reported to the appropriate school personnel, the facts are investigated 24 and determined, and discipline measures [imposed and discipline measures25carried out] are determined and implemented; 26 [g.] (iv) provisions ensuring such code and the enforcement thereof 27 are in compliance with state and federal laws relating to students with 28 disabilities; 29 [h.] (v) provisions setting forth the procedures by which local law 30 enforcement agencies shall be notified of code violations which consti- 31 tute a crime; 32 [i.] (vi) provisions setting forth the circumstances under and proce- 33 dures by which parents or persons in parental relation to the student 34 accused of violating the code of conduct shall be notified of such code 35 of conduct violations including notice that any statement by the 36 student, written or oral, may be used against the student in a criminal, 37 immigration, or juvenile delinquency investigation and/or proceeding 38 and/or in a court of law. This notice shall be given prior to a student 39 providing a written or oral statement, and the parent or person in 40 parental relation to the student shall have an opportunity to discuss 41 such potential consequences with the student prior to any statements 42 being recorded; 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]; 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--B 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;] and 9 [n.] (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,] the charter school's authorizers or by the chancellor of the city 18 school district in the case of the city school district of the city of 19 New York. In the city school district of the city of New York, each 20 community district education council shall be authorized to adopt and 21 implement additional policies, which are consistent with the city 22 district's district-wide code of conduct, to reflect the individual 23 needs of each community school district provided that such additional 24 policies shall require the 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 32 including restorative practices, and age-appropriate graduated and 33 proportionate discipline, which may include implicit bias training, 34 according to collective bargaining 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] such 49 copies available thereafter upon request and on the school and/or school 50 district's websites. The board of education or trustees, the chancellor 51 of the city school district in the case of the city school district of 52 the city of New York, or other governing body shall take reasonable 53 steps to ensure community awareness of the code of conduct's 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--B 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 commenced upon 11 thirty days' notice) that provides for the participation of school 12 personnel, parents, students and any other 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. Violent pupil. For the purposes of this section, a violent49pupil is an elementary or secondary student under twenty-one years of50age who:51(1) commits an act of violence upon a teacher, administrator or other52school employee;53(2) commits, while on school district property, an act of violence54upon another student or any other person lawfully upon said property;S. 1040--B 8 1(3) possesses, while on school district property, a gun, knife,2explosive or incendiary bomb, or other dangerous instrument capable of3causing physical injury or death;4(4) displays, while on school district property, what appears to be a5gun, knife, explosive or incendiary bomb or other dangerous instrument6capable of causing death or physical injury;7(5) threatens, while on school district property, to use any instru-8ment that appears capable of causing physical injury or death;9(6) knowingly and intentionally damages or destroys the personal prop-10erty of a teacher, administrator, other school district employee or any11person lawfully upon school district property; or12(7) knowingly and intentionally damages or destroys school district13property.14b. Disruptive pupil. For the purposes of this section, a disruptive15pupil is an elementary or secondary student under twenty-one years of16age who is substantially disruptive of the educational process or17substantially interferes with the teacher's authority over the class-18room.193. Suspension of a pupil] Notwithstanding any provision of law, rule 20 or regulation to the contrary, this section shall apply to all public 21 schools in the state including charter schools pursuant to the 22 provisions of paragraph (c) of subdivision one of section twenty-eight 23 hundred fifty-three of this chapter. Whenever the term "board of educa- 24 tion or superintendent of schools" is used in this section, it shall be 25 deemed to include board of trustees, the chancellor of the city school 26 district in the case of the city school district of the city of New 27 York, community boards of education and community superintendents 28 governing community districts in accordance with the provisions of arti- 29 cle fifty-two-A of this chapter. 30 2. Suspension of a student. The board of education or trustees, the 31 chancellor of the city school district in the case of the city school 32 district of the city of New York, superintendent of schools, district 33 superintendent of schools and the principal of the school where the 34 student attends shall have the power to suspend a student as follows: 35 a. For a period not to exceed five consecutive school days provided 36 that the suspension of such student is not prohibited by section twen- 37 ty-eight hundred one of this chapter. 38 (1) In the case of such a suspension, the suspending authority shall 39 provide the student with written notice of the charged misconduct 40 including a brief explanation of the basis for the suspension and a 41 description of the alleged behavior that violated the code of conduct 42 that includes the date, time, and place of the scheduled informal 43 conference with the principal, the right to appeal a suspension, the 44 procedures for appeal, and the manner and location of alternative 45 instruction to be provided to the student for the duration of the 46 suspension if the student is suspended out of school. 47 (2) The student and the parent or person in parental relation to the 48 student shall be given an opportunity for an informal conference with 49 the principal. At the conference, the student and parent or person in 50 parental relation shall be authorized to review all evidence of the 51 alleged misconduct, present the student's version of the event, to ask 52 questions of the complaining witnesses, and to be represented by an 53 attorney or advocate. The aforesaid notice and opportunity for an 54 informal conference shall take place prior to suspension of the student 55 unless the student's presence in the school poses a continuing danger to 56 persons or property or an ongoing threat of disruption to the academicS. 1040--B 9 1 process, in which case the student's notice and opportunity for an 2 informal conference shall take place as soon after the suspension begins 3 as is reasonably practicable. 4 b. For a period not to exceed twenty consecutive school days, 5 provided that the suspension of such student is not prohibited by subdi- 6 vision two of section twenty-eight hundred one of this chapter, or for a 7 period in excess of twenty consecutive school days, provided the suspen- 8 sion shall only be for conduct that falls under an exception as 9 described in a code of conduct adopted pursuant to section twenty-eight 10 hundred one of this chapter or pursuant to applicable federal law. 11 (1) No student may be suspended for a period in excess of five consec- 12 utive school days without approval from the superintendent. 13 (2) If approved, such student and the parent or person in parental 14 relation to such student shall have had an opportunity for a fair hear- 15 ing, upon reasonable written notice, which shall include a brief 16 description of the facts upon which the alleged violations of the code 17 of conduct are based, the section of the code of conduct that the 18 student is alleged to have violated, and the date, time and place of the 19 hearing. Prior to the hearing, copies of all evidence regarding the 20 alleged incident, including but not limited to statements by students 21 and staff, video surveillance, anecdotal records, photographs and other 22 documentary evidence, audio recordings, and other materials related to 23 the incident shall be provided to the student and parent or person in 24 parental relation to the student, and to any attorney or advocate of the 25 student, as well as notice of the time, manner and place of the 26 provision of alternative instruction when a student is removed from the 27 school building because of the suspension proceeding. The hearing shall 28 be convened within five days of the written notice, unless the parent or 29 person in parental relation to the student or student requests a later 30 date. 31 (3) At the hearing, such student shall have the right of represen- 32 tation by an attorney or advocate, with the right to request the pres- 33 ence of and question witnesses against such student and to request the 34 presence of and present witnesses and other evidence on their behalf. 35 (4) Where the student is a student with a disability or a student 36 presumed to have a disability, the provisions of subdivision six of this 37 section shall also apply. 38 (5) Where a student has been suspended in accordance with this para- 39 graph, the board of education or trustees, the chancellor of the city 40 school district in the case of the city school district of the city of 41 New York, superintendent of schools, district superintendent of schools, 42 or community superintendent shall personally hear and determine the 43 proceeding or may, in their discretion, designate a hearing officer to 44 conduct the hearing. The entity or individual that conducts the hearing 45 shall be authorized to administer oaths and to issue subpoenas in 46 conjunction with the proceeding. 47 (6) A record of the hearing shall be maintained, but no stenographic 48 transcript shall be required and an audio recording shall be deemed a 49 satisfactory record. The entity or individual that conducts the hearing 50 shall make written findings of fact based on a preponderance of the 51 evidence and shall make recommendations as to the appropriate measure of 52 discipline if any. The report of the hearing officer shall be advisory 53 only, and the board of education or trustees, the chancellor of the city 54 school district in the case of the city school district of the city of 55 New York, other governing body, superintendent of schools or district 56 superintendent of schools may accept all or any part thereof.S. 1040--B 10 1 (7) The board of education or trustees, the chancellor of the city 2 school district in the case of the city school district of the city of 3 New York, superintendent of schools, or district superintendent of 4 schools shall issue a written decision to the school and parent or 5 person in parental relation to the student within three days of the 6 hearing. The written decision shall state the length of suspension, if 7 any, findings of fact, reasons for determination, procedures for appeal, 8 the date by which the appeal shall be filed, and the manner and location 9 of alternative instruction to be provided to the student for the dura- 10 tion of the suspension if the student is suspended out of school. 11 (8) Where the basis for the suspension is, in whole or in part, the 12 possession on school grounds or school property by the student of any 13 firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor, stiletto 14 or any of the weapons, instruments or appliances specified in subdivi- 15 sion one of section 265.01 of the penal law, the hearing officer or 16 superintendent shall not be barred from considering the admissibility of 17 such weapon, instrument or appliance as evidence, notwithstanding a 18 determination by a court in a criminal or juvenile delinquency proceed- 19 ing that the recovery of such weapon, instrument or appliance was the 20 result of an unlawful search or seizure. 21 (9) Where a student has been suspended in accordance with this section 22 by a board of education or trustees, the board may in its discretion 23 hear and determine the proceeding or appoint a hearing officer who shall 24 have the same powers and duties with respect to the board that a hearing 25 officer has with respect to a superintendent where the suspension was 26 ordered by the superintendent. The findings and recommendations of the 27 hearing officer conducting the proceeding shall be advisory and subject 28 to final action by the board of education, each member of which shall 29 before voting review the testimony and acquaint themselves with the 30 evidence in the case. The board may reject, confirm or modify the 31 conclusions of the hearing officer. 32 c. (1) Consistent with the federal gun-free schools act, any public 33 school student who is determined under this subdivision to have brought 34 a firearm to or possessed a firearm at a public school shall be 35 suspended for a period of not less than one calendar year and any 36 nonpublic school pupil participating in a program operated by a public 37 school district using funds from the elementary and secondary education 38 act of nineteen hundred sixty-five who is determined under this subdivi- 39 sion to have brought a firearm to or possessed a firearm at a public 40 school or other premises used by the school district to provide such 41 programs shall be suspended for a period of not less than one calendar 42 year from participation in such program. The procedures of this subdivi- 43 sion shall apply to such a suspension of a nonpublic school student. A 44 superintendent of schools, district superintendent of schools or commu- 45 nity superintendent shall have the authority to modify this suspension 46 requirement for each student on a case-by-case basis. The determination 47 of a superintendent shall be subject to review by the board of education 48 or trustees, or the chancellor of the city school district in the case 49 of the city school district of the city of New York, pursuant to subdi- 50 vision one of this section and the commissioner pursuant to section 51 three hundred ten of this chapter. Nothing in this subdivision shall be 52 deemed to authorize the suspension of a student with a disability in 53 violation of the individuals with disabilities education act or article 54 eighty-nine of this chapter. A superintendent shall refer the student 55 under the age of sixteen who has been determined to have brought a weap- 56 on or firearm to school in violation of this subdivision to a present-S. 1040--B 11 1 ment agency for a juvenile delinquency proceeding consistent with arti- 2 cle three of the family court act except a student fourteen or fifteen 3 years of age who qualifies for juvenile offender status under subdivi- 4 sion forty-two of section 1.20 of the criminal procedure law. A super- 5 intendent shall refer any student sixteen years of age or older or a 6 student fourteen or fifteen years of age who qualifies for juvenile 7 offender status under subdivision forty-two of section 1.20 of the crim- 8 inal procedure law, who has been determined to have brought a weapon or 9 firearm to school in violation of this subdivision to the appropriate 10 law enforcement officials. 11 (2) Nothing in this paragraph shall be deemed to mandate such action 12 by a school district pursuant to subdivision one of this section where 13 such weapon or firearm is possessed or brought to school with the writ- 14 ten authorization of such educational institution in a manner authorized 15 by article two hundred sixty-five of the penal law for activities 16 approved and authorized by the trustees or board of education or other 17 governing body of the public school and such governing body adopts 18 appropriate safeguards to ensure student safety. 19 (3) As used in this paragraph: 20 (i) "firearm" shall mean a firearm as defined in subsection a of 21 section nine hundred twenty-one of title eighteen of the United States 22 Code; and 23 (ii) "weapon" shall be as defined in paragraph two of subsection g of 24 section nine hundred thirty of title eighteen of the United States Code. 25 3. Alternative learning spaces or schools. The school authorities of 26 any city, school district or public school, or board of cooperative 27 educational services shall establish, to the extent practicable, schools 28 or set apart spaces in school buildings or properties for the instruc- 29 tion of students removed or suspended for violations of the code of 30 conduct, and fix the number of days per week and the hours per day of 31 required attendance and instruction, which shall not be less than is 32 required of minors attending the full time day schools. The commissioner 33 shall establish guidance for alternative learning spaces or schools for 34 when students are removed from the classroom or suspended, including 35 allowing a student that has been removed or suspended on school property 36 to take an examination or assessment that cannot be rescheduled when the 37 student presents a risk to the health and safety of the school community 38 as it applies to subdivisions seven and eight of this section and 39 section twenty-eight hundred one of this chapter. 40 4. Consideration for student suspension. a. (1) The board of educa- 41 tion[, board of] or trustees [or sole trustee], the chancellor of the 42 city school district in the case of the city school district of the city 43 of New York, the superintendent of schools, district superintendent of 44 schools or principal of a school may suspend [the following pupils] 45 students from required attendance upon instruction[:46A pupil who is insubordinate or disorderly or violent or disruptive,47or whose conduct otherwise endangers the safety, morals, health or48welfare of others] as provided in subdivision two of this section, in 49 accordance with the code of conduct, provided that the suspension of 50 such student is not prohibited by section twenty-eight hundred one of 51 this chapter. 52 (2) School officials shall weigh the likelihood that a lesser inter- 53 vention or discipline would adequately address the student's misconduct, 54 redress any harm or damage, and prevent future violations of the code of 55 conduct.S. 1040--B 12 1 (3) The school shall conduct an investigation of any report of a 2 violation of the code of conduct. 3 (4) The school shall inform any student that submission of a written 4 statement is voluntary and that any statement by the student, written or 5 oral, may be used against the student in a criminal, immigration, or 6 juvenile delinquency investigation and/or proceeding and/or in a court 7 of law. If a student has been arrested or if the school is considering 8 referring the student to law enforcement, the school shall not request a 9 statement from such student, except where there is imminent risk of 10 serious physical injury to the student or other person or persons. 11 b. [(1) The board of education, board of trustees, or sole trustee,12superintendent of schools, district superintendent of schools and the13principal of the school where the pupil attends shall have the power to14suspend a pupil for a period not to exceed five school days. In the15case of such a suspension, the suspending authority shall provide the16pupil with notice of the charged misconduct. If the pupil denies the17misconduct, the suspending authority shall provide an explanation of the18basis for the suspension. The pupil and the person in parental relation19to the pupil shall, on request, be given an opportunity for an informal20conference with the principal at which the pupil and/or person in21parental relation shall be authorized to present the pupil's version of22the event and to ask questions of the complaining witnesses. The afore-23said notice and opportunity for an informal conference shall take place24prior to suspension of the pupil unless the pupil's presence in the25school poses a continuing danger to persons or property or an ongoing26threat of disruption to the academic process, in which case the pupil's27notice and opportunity for an informal conference shall take place as28soon after the suspension as is reasonably practicable.29(2) A teacher shall immediately report and refer a violent pupil prin-30cipal or superintendent for a violation of the code of conduct and a31minimum suspension period pursuant to section twenty-eight hundred one32of this chapter.33c. (1) No pupil may be suspended for a period in excess of five school34days unless such pupil and the person in parental relation to such pupil35shall have had an opportunity for a fair hearing, upon reasonable36notice, at which such pupil shall have the right of representation by37counsel, with the right to question witnesses against such pupil and to38present witnesses and other evidence on his or her behalf. Where the39pupil is a student with a disability or a student presumed to have a40disability, the provisions of paragraph g of this subdivision shall also41apply. Where a pupil has been suspended in accordance with this subpara-42graph by a superintendent of schools, district superintendent of43schools, or community superintendent, the superintendent shall44personally hear and determine the proceeding or may, in his or her45discretion, designate a hearing officer to conduct the hearing. The46hearing officer shall be authorized to administer oaths and to issue47subpoenas in conjunction with the proceeding before him or her. A48record of the hearing shall be maintained, but no stenographic tran-49script shall be required and a tape recording shall be deemed a satis-50factory record. The hearing officer shall make findings of fact and51recommendations as to the appropriate measure of discipline to the52superintendent. The report of the hearing officer shall be advisory53only, and the superintendent may accept all or any part thereof. An54appeal will lie from the decision of the superintendent to the board of55education who shall make its decision solely upon the record before it.56The board may adopt in whole or in part the decision of the superinten-S. 1040--B 13 1dent of schools. Where the basis for the suspension is, in whole or in2part, the possession on school grounds or school property by the student3of any firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor,4stiletto or any of the weapons, instruments or appliances specified in5subdivision one of section 265.01 of the penal law, the hearing officer6or superintendent shall not be barred from considering the admissibility7of such weapon, instrument or appliance as evidence, notwithstanding a8determination by a court in a criminal or juvenile delinquency proceed-9ing that the recovery of such weapon, instrument or appliance was the10result of an unlawful search or seizure.11(2) Where a pupil has been suspended in accordance with this section12by a board of education, the board may in its discretion hear and deter-13mine the proceeding or appoint a hearing officer who shall have the same14powers and duties with respect to the board that a hearing officer has15with respect to a superintendent where the suspension was ordered by16him. The findings and recommendations of the hearing officer conducting17the proceeding shall be advisory and subject to final action by the18board of education, each member of which shall before voting review the19testimony and acquaint himself with the evidence in the case. The board20may reject, confirm or modify the conclusions of the hearing officer.21d. (1) Consistent with the federal gun-free schools act, any public22school pupil who is determined under this subdivision to have brought a23firearm to or possessed a firearm at a public school shall be suspended24for a period of not less than one calendar year and any nonpublic school25pupil participating in a program operated by a public school district26using funds from the elementary and secondary education act of nineteen27hundred sixty-five who is determined under this subdivision to have28brought a firearm to or possessed a firearm at a public school or other29premises used by the school district to provide such programs shall be30suspended for a period of not less than one calendar year from partic-31ipation in such program. The procedures of this subdivision shall apply32to such a suspension of a nonpublic school pupil. A superintendent of33schools, district superintendent of schools or community superintendent34shall have the authority to modify this suspension requirement for each35student on a case-by-case basis. The determination of a superintendent36shall be subject to review by the board of education pursuant to para-37graph c of this subdivision and the commissioner pursuant to section38three hundred ten of this chapter. Nothing in this subdivision shall be39deemed to authorize the suspension of a student with a disability in40violation of the individuals with disabilities education act or article41eighty-nine of this chapter. A superintendent shall refer the pupil42under the age of sixteen who has been determined to have brought a weap-43on or firearm to school in violation of this subdivision to a present-44ment agency for a juvenile delinquency proceeding consistent with arti-45cle three of the family court act except a student fourteen or fifteen46years of age who qualifies for juvenile offender status under subdivi-47sion forty-two of section 1.20 of the criminal procedure law. A super-48intendent shall refer any pupil sixteen years of age or older or a49student fourteen or fifteen years of age who qualifies for juvenile50offender status under subdivision forty-two of section 1.20 of the crim-51inal procedure law, who has been determined to have brought a weapon or52firearm to school in violation of this subdivision to the appropriate53law enforcement officials.54(2) Nothing in this paragraph shall be deemed to mandate such action55by a school district pursuant to subdivision one of this section where56such weapon or firearm is possessed or brought to school with the writ-S. 1040--B 14 1ten authorization of such educational institution in a manner authorized2by article two hundred sixty-five of the penal law for activities3approved and authorized by the trustees or board of education or other4governing body of the public school and such governing body adopts5appropriate safeguards to ensure student safety.6(3) As used in this paragraph:7(i) "firearm" shall mean a firearm as defined in subsection a of8section nine hundred twenty-one of title eighteen of the United States9Code; and10(ii) "weapon" shall be as defined in paragraph 2 of subsection g of11section nine hundred thirty of title eighteen of the United States Code.12e.] In considering appropriate discipline measures, school authorities 13 shall consider the facts of each case, including, but not limited to: 14 (1) the nature and impact of the student's alleged misconduct, includ- 15 ing but not limited to the harm to the student or other persons, damage 16 to personal or school property or threat to the safety and welfare of 17 the school community; 18 (2) the student's age, ability to speak or understand English, phys- 19 ical health, mental and emotional health, disabilities, and provisions 20 of an individualized education program as it relates to the student's 21 behavior; 22 (3) the student as a whole including life inside and outside of school 23 that may impact behavior such as food insecurity, homelessness, bully- 24 ing, lack of school supplies, abuse, hygiene access, and other issues 25 that may occur in or out of school; 26 (4) the student's willingness to resolve the conflict and repair any 27 harm or damage; 28 (5) the student's prior conduct, the appropriateness of prior inter- 29 ventions, and the effectiveness of any prior interventions; 30 (6) the relationship, if any, between the student's academic placement 31 and program and the alleged violation of the code of conduct; and 32 (7) other factors determined to be relevant. 33 5. Procedure after suspension. Where a [pupil] student has been 34 suspended pursuant to this subdivision and said [pupil is of compulsory35attendance age] student has the legal right to attend school, immediate 36 steps shall be taken for [his or her] their attendance upon instruction 37 elsewhere [or for supervision or detention of said pupil pursuant to the38provisions of article seven of the family court act]. Where a [pupil] 39 student has been suspended for cause, the suspension may be revoked by 40 the board of education or trustees, or the chancellor of the city school 41 district in the case of the city school district of the city of New 42 York, whenever it appears to be for the best interest of the school and 43 the [pupil] student to do so. The board of education or trustees, or the 44 chancellor of the city school district in the case of the city school 45 district for the city of New York, may also condition a student's early 46 return to school and suspension revocation on the [pupil's] student's 47 voluntary participation in counseling or specialized classes, including 48 anger management or dispute resolution, where applicable. 49 [f. Whenever the term "board of education or superintendent of50schools" is used in this subdivision, it shall be deemed to include51community boards of education and community superintendents governing52community districts in accordance with the provisions of article fifty-53two-A of this chapter.54g.] 6. Discipline of students with disabilities and students presumed 55 to have a disability for discipline purposes. [(1)] a. Notwithstanding 56 any other provision of this subdivision to the contrary, a student withS. 1040--B 15 1 a disability as such term is defined in section forty-four hundred one 2 of this chapter and a student presumed to have a disability for disci- 3 pline purposes, may be suspended or removed from [his or her] their 4 current educational placement, provided that the suspension of such 5 student is not prohibited by section twenty-eight hundred one of this 6 chapter, for violation of [school rules] the code of conduct only in 7 accordance with the procedures established in this section, the regu- 8 lations of the commissioner implementing this paragraph, and subsection 9 (k) of section fourteen hundred fifteen of title twenty of the United 10 States code and the federal regulations implementing such statute, as 11 such federal law and regulations are from time to time amended. Nothing 12 in this paragraph shall be construed to confer greater rights on such 13 students than are conferred under applicable federal law and regu- 14 lations, or to limit the ability of a school district to change the 15 educational placement of a student with a disability in accordance with 16 the procedures in article eighty-nine of this chapter. 17 [(2)] b. As used in this paragraph: 18 (1) a "student presumed to have a disability for discipline purposes" 19 shall mean a student who the school district is deemed to have knowledge 20 was a student with a disability before the behavior that precipitated 21 disciplinary action under the criteria in subsection (k) (5) of section 22 fourteen hundred fifteen of title twenty of the United States code and 23 the federal regulations implementing such statute; and 24 [(ii)] (2) a "manifestation team" means a representative of the school 25 district, the parent or person in parental relation, and relevant 26 members of the committee on special education, as determined by the 27 parent or person in parental relation and the district. 28 [(3)] c. In applying the federal law consistent with this section: 29 [(i)] (1) in the event of a conflict between the procedures estab- 30 lished in this section and those established in subsection (k) of 31 section fourteen hundred fifteen of title twenty of the United States 32 code and the federal regulations implementing such statute, such federal 33 statute and regulations shall govern. 34 [(ii)] (2) the board of trustees or board of education of any school 35 district, the chancellor of the city school district of the city of New 36 York, a district superintendent of schools or a building principal shall 37 have authority, provided that suspension of such student is not prohib- 38 ited by subdivision two of section twenty-eight hundred one of this 39 chapter, to order the placement of a student with a disability into an 40 appropriate interim alternative educational setting, another setting or 41 suspension, provided that the suspension of such student is not prohib- 42 ited by section twenty-eight hundred one of this chapter, for a period 43 not to exceed five consecutive school days where such student is 44 suspended pursuant to this subdivision and, except as otherwise provided 45 in [clause (vi) of this] subparagraph four of this paragraph, the 46 suspension does not result in a change in placement under federal law. 47 [(iii)] (3) the superintendent of schools of a school district, either 48 directly or upon recommendation of a hearing officer designated pursuant 49 to [paragraph c of this] subdivision two of this section, may order the 50 placement of a student with a disability into an interim alternative 51 educational setting, another setting or suspension, provided that the 52 suspension of such student is not prohibited by section twenty-eight 53 hundred one of this chapter, for up to ten consecutive school days, 54 inclusive of any period in which the student is placed in an appropriate 55 interim alternative educational setting, another setting or suspension 56 pursuant to [clause (ii) of this] subparagraph two of this paragraph forS. 1040--B 16 1 the behavior, where the superintendent determines in accordance with the 2 procedures set forth in this subdivision that the student has engaged in 3 behavior that warrants a suspension, and, except as otherwise provided 4 in [clause (vi) of this] subparagraph four of this paragraph, the 5 suspension does not result in a change in placement under federal law. 6 [(iv)] (4) the superintendent of schools of a school district, either 7 directly or upon recommendation of a hearing officer designated pursuant 8 to [paragraph c of this] subdivision two of this section, may order the 9 change in placement of a student with a disability to an interim alter- 10 native educational setting for up to forty-five school days under the 11 circumstances specified in subsection (k)(1)(G) of section fourteen 12 hundred fifteen of title twenty of the United States code and the feder- 13 al regulations implementing such statute or a longer period where 14 authorized by federal law under the circumstances specified in 15 subsection (k)(1)(C) of section fourteen hundred fifteen of title twenty 16 of the United States code and the federal regulations implementing such 17 statute, but in neither case shall such period exceed the period of 18 suspension ordered by a superintendent in accordance with this subdivi- 19 sion, provided that the suspension of such student is not prohibited by 20 section twenty-eight hundred one of this chapter. 21 [(v)] (5) the terms "day," "business day," and "school day" shall be 22 as defined in section 300.11 of title thirty-four of the code of federal 23 regulations. 24 [(vi)] (6) notwithstanding any other provision of this subdivision to 25 the contrary, upon a determination by a manifestation team that the 26 behavior of a student with a disability was not a manifestation of the 27 student's disability, such student may be disciplined pursuant to this 28 section in the same manner and for the same duration as a nondisabled 29 student, except that such student shall continue to receive services to 30 the extent required under federal law and regulations, and such services 31 may be provided in an interim alternative educational setting, provided 32 that the suspension of such student is not prohibited by section twen- 33 ty-eight hundred one of this chapter. 34 [(vii)] (7) an impartial hearing officer appointed pursuant to subdi- 35 vision one of section forty-four hundred four of this chapter may order 36 a change in placement of a student with a disability to an appropriate 37 interim alternative educational setting for not more than forty-five 38 school days under the circumstances specified in subsections (k)(3) and 39 (k)(4) of section fourteen hundred fifteen of title twenty of the United 40 States code and the federal regulations implementing such statutes, 41 provided that such procedure may be repeated, as necessary, provided 42 that the suspension of such student is not prohibited by section twen- 43 ty-eight hundred one of this chapter. 44 [(viii)] (8) nothing in this section shall be construed to authorize 45 the suspension or removal of a student with a disability from [his or46her] their current educational placement for violation of school rules 47 following a determination by a manifestation team that the behavior is a 48 manifestation of the student's disability, except as authorized under 49 federal law and regulations. 50 [(ix)] (9) the commissioner shall implement this paragraph by adopting 51 regulations which coordinate the procedures required for discipline of 52 students with disabilities, and students presumed to have a disability 53 for discipline purposes, pursuant to subsection (k) of section fourteen 54 hundred fifteen of title twenty of the United States code and the feder- 55 al regulations implementing such statute, with the general procedures 56 for student discipline under this section.S. 1040--B 17 1 [3-a.] 7. Education plan. When a student is suspended from school 2 consistent with this section and section twenty-eight hundred one of 3 this chapter, the principal, or the principal's designee, in consulta- 4 tion with the student's teachers, shall create an education plan for the 5 student for each class in which the student is enrolled, according to 6 the timeframe policies required in the code of conduct described in 7 section twenty-eight hundred one of this chapter. The education plan 8 shall make provisions for a student's on-going academic instruction 9 during the suspension and shall include the steps the school will take 10 to provide the student with a successful re-entry to school. The student 11 shall have the opportunity to earn all academic credit they would have 12 been eligible to earn had the student been in class, including the 13 opportunity to complete any missed assignments or take any missed exam- 14 ination or assessments during the student's suspension. If an examina- 15 tion or assessment cannot be rescheduled, the student shall be allowed 16 on school property to take such assessment or examination on the day and 17 time that the assessment or examination is given, unless the student 18 presents a risk to the health and safety of the school community then 19 the assessment or examination should be provided in an alternative space 20 as described in subdivision three of this section, if available. 21 8. Teacher removal of a [disruptive pupil] student. In addition, any 22 teacher shall have the power and authority to remove a [disruptive23pupil, as defined in subdivision two-a of this section,] student from 24 such teacher's classroom consistent with discipline measures contained 25 in the code of conduct adopted by the board pursuant to section twenty- 26 eight hundred one of this chapter. The school authorities of any school 27 district or public school, board of cooperative educational services 28 shall establish policies and procedures to ensure the provision of 29 continued educational programming and activities for students removed 30 from the classroom pursuant to this [subdivision and provided further31that nothing] section. When a student is removed from the classroom, 32 the student shall have the opportunity to earn all academic credit 33 including the opportunity to complete any missed assignments or take any 34 missed examinations or assessments during the student's removal. If an 35 examination or assessment cannot be rescheduled, the student shall be 36 allowed on school property to take such assessment or examination on the 37 day and time that the assessment or examination is given unless the 38 student presents a risk to the health and safety of the school community 39 then the assessment or examination should be provided in an alternative 40 space as described in subdivision three of this section, if available. 41 Nothing in this subdivision shall authorize the removal of a [pupil] 42 student in violation of any state or federal law or regulation. No 43 [pupil] student shall return to the classroom until the principal makes 44 a final determination pursuant to [paragraph c of] this subdivision, or 45 the period of removal expires, whichever is less. 46 a. Such teacher shall inform the [pupil] student and the school prin- 47 cipal of the reasons for the removal. If the teacher finds that the 48 [pupil's] student's continued presence in the classroom does not pose a 49 continuing danger to persons or property and does not present an ongoing 50 threat of disruption to the academic process, the teacher shall, prior 51 to removing the student from the classroom, provide the student with an 52 explanation of the basis for the removal and allow the [pupil] student 53 to informally present the [pupil's] student's version of relevant 54 events. In all other cases, the teacher shall provide the [pupil] 55 student with an explanation of the basis for the removal and an informal 56 opportunity to be heard within twenty-four hours of the [pupil's]S. 1040--B 18 1 student's removal, provided that if such twenty-four hour period does 2 not end on a school day, it shall be extended to the corresponding time 3 on the next school day. 4 b. The principal shall inform the parent or person in parental 5 relation to such [pupil] student of the removal and the reasons therefor 6 within twenty-four hours of the [pupil's] student's removal, provided 7 that if such twenty-four hour period does not end on a school day, it 8 shall be extended to the corresponding time on the next school day. The 9 [pupil] student and the parent or person in parental relation shall, 10 upon request, be given an opportunity for an informal conference with 11 the principal to discuss the reasons for the removal. If the [pupil] 12 student denies the charges, the principal shall provide an explanation 13 of the basis for the removal and allow the [pupil] student and/or person 14 in parental relation to the [pupil] student an opportunity to present 15 the [pupil's] student's version of relevant events. Such informal [hear-16ing] conference shall be held within forty-eight hours of the [pupil's] 17 student's removal, provided that if such forty-eight hour period does 18 not end on a school day, it shall be extended to the corresponding time 19 on the second school day next following the [pupil's] student's removal. 20 For purposes of this subdivision, "school day" shall mean a school day 21 as defined pursuant to [clause (v) of] subparagraph [three] five of 22 paragraph [g] c of subdivision [three] six of this section. 23 c. The principal shall not set aside the discipline imposed by the 24 teacher unless the principal finds that the charges against the [pupil] 25 student are not supported by substantial evidence or that the [pupil's] 26 student's removal is otherwise in violation of law or that the conduct 27 warrants suspension from school pursuant to this section and a suspen- 28 sion will be imposed. The principal's determination made pursuant to 29 this paragraph shall be made by the close of business on the day 30 succeeding the forty-eight hour period for an informal hearing contained 31 in paragraph b of this subdivision. 32 d. The principal may, in [his or her] their discretion, designate a 33 school district administrator, to carry out the functions required of 34 the principal under this subdivision. 35 [4.] 9. Expense. [a.] The expense attending the commitment and costs 36 of maintenance of any [school delinquent] student placed as a result of 37 a finding related to school or educational issues shall be a charge 38 against the city or district where [he] the student resides, if such 39 city or district employs a superintendent of schools; otherwise it shall 40 be a county charge. 41 [b. The school authorities may institute proceedings before a court42having jurisdiction to determine the liability of a person in parental43relation to contribute towards the maintenance of a school delinquent44under sixteen years of age ordered to attend upon instruction under45confinement. If the court shall find the person in parental relation46able to contribute towards the maintenance of such a minor, it may issue47an order fixing the amount to be paid weekly.485.] 10. Involuntary transfers of [pupils] students who have not been 49 determined to be a student with a disability or a student presumed to 50 have a disability for discipline purposes. 51 a. The board of education[, board of] or trustees [or sole trustee,], 52 the chancellor of the city school district in the case of the city 53 school district of New York, other governing body, the superintendent of 54 schools, or district superintendent of schools may transfer a [pupil] 55 student who has not been determined to be a student with a disability as 56 defined in section forty-four hundred one of this chapter, or a studentS. 1040--B 19 1 presumed to have a disability for discipline purposes as defined in 2 [paragraph g of] subdivision [three] six of this section from regular 3 classroom instruction to an appropriate educational setting in another 4 school upon the written recommendation of the school principal and 5 following independent review thereof. For purposes of this section of 6 the law, "involuntary transfer" does not include a transfer made by a 7 school district as part of a plan to reduce racial imbalance within the 8 schools or as a change in school attendance zones or geographical bound- 9 aries. 10 b. A school principal may initiate a non-requested transfer where it 11 is believed that such a [pupil] student would benefit from the transfer, 12 or when the [pupil] student would receive an adequate and appropriate 13 education in another school program or facility. 14 No recommendation for [pupil] student transfer shall be initiated by 15 the principal until such [pupil] student and a parent or person in 16 parental relation has been sent written notification of the consider- 17 ation of transfer recommendation. Such notice shall set a time and place 18 of an informal conference with the principal and shall inform such 19 parent or person in parental relation and such [pupil] student of their 20 right to be accompanied by counsel or an individual of their choice. 21 c. After the conference and if the principal concludes that the 22 [pupil] student would benefit from a transfer or that the [pupil] 23 student would receive an adequate and appropriate education in another 24 school program or facility, the principal may issue a recommendation of 25 transfer to the superintendent. Such recommendation shall include a 26 description of behavior and/or academic problems indicative of the need 27 for transfer; a description of alternatives explored and prior action 28 taken to resolve the problem. A copy of that letter shall be sent to the 29 parent or person in parental relation and to the [pupil] student. 30 d. Upon receipt of the principal's recommendation for transfer and a 31 determination to consider that recommendation, the superintendent shall 32 notify the parent or person in parental relation and the [pupil] student 33 of the proposed transfer and of their right to a fair hearing as 34 provided in [paragraph c of] subdivision [three] two of this section and 35 shall list community agencies and free legal assistance which may be of 36 assistance. The written notice shall include a statement that the 37 [pupil] student or parent or person in parental relation has ten days to 38 request a hearing and that the proposed transfer shall not take effect, 39 except upon written parental consent, until the ten day period has 40 elapsed, or, if a fair hearing is requested, until after a formal deci- 41 sion following the hearing is rendered, whichever is later. 42 e. Parental consent to a transfer shall not constitute a waiver of the 43 right to a fair hearing. 44 [6.] 11. Transfer of a [pupil] student. Where a suspended [pupil] 45 student is to be transferred pursuant to subdivision [five] ten of this 46 section, [he or she] the student shall remain on the register of the 47 original school for two school days following transmittal of [his or48her] their records to the school to which [he or she] the student is to 49 be transferred. The receiving school shall immediately upon receiving 50 those records transmitted by the original school, review them to 51 [insure] ensure proper placement of the [pupil] student. Staff members 52 who are involved in the [pupil's] student's education must be provided 53 with pertinent records and information relating to the background and 54 problems of the [pupil] student before the [pupil] student is placed in 55 a classroom.S. 1040--B 20 1 [7.] 12. Transfer of disciplinary records. Notwithstanding any other 2 provision of law to the contrary, each local educational agency, as such 3 term is defined in subsection thirty of section eighty-one hundred one 4 of the Elementary and Secondary Education Act of 1965, as amended, shall 5 establish procedures in accordance with section eighty-five hundred 6 thirty-seven of the Elementary and Secondary Education Act of 1965, as 7 amended, and the Family Educational Rights and Privacy Act of 1974, to 8 facilitate the transfer of disciplinary records relating to the suspen- 9 sion or expulsion of a student to any public or nonpublic elementary or 10 secondary school in which such student enrolls or seeks, intends or is 11 instructed to enroll, on a full-time or part-time basis. 12 13. Annual report on student discipline. a. The board of education or 13 superintendent of schools shall post on its website and submit to the 14 department by October thirty-first of each year an annual report, based 15 on data from the preceding school year, on the discipline of students. 16 The department shall analyze the collected data and compare to previous 17 year post collected annual reports on their website by November thirti- 18 eth of each year. 19 b. The commissioner shall establish and distribute a uniform reporting 20 structure for school districts to fill out for annual report on the 21 discipline of students requirement, pursuant to this subdivision. The 22 uniform reporting structure shall collect data on the following: 23 (1) the number of teacher removals, number of days removed, and 24 purpose of removal; 25 (2) the number of suspensions, length of suspension, and purpose of 26 suspension; 27 (3) the number of students subjected more than once to a teacher 28 removal, suspension, or any combination thereof; 29 (4) the number of students subjected to an expulsion; and 30 (5) this data shall be disaggregated, where apparent, disclosed or 31 discoverable: by race, ethnicity, gender, gender expression, sexuality, 32 family income or economic status, religion, grade, year of birth, wheth- 33 er the individual is receiving special education services, whether the 34 individual is an English language learner, and homeless status. 35 § 5. Subdivision (a) of section 8 of chapter 430 of the laws of 2006, 36 amending the education law relating to implementation of the federal 37 individuals with disabilities education improvement act of 2004, as 38 amended by chapter 253 of the laws of 2021, is amended to read as 39 follows: 40 (a) sections one[, two,] and six of this act shall expire and be 41 deemed repealed June 30, 2024; 42 § 6. Section 22 of chapter 352 of the laws of 2005, amending the 43 education law relating to implementation of the federal individuals with 44 disabilities education improvement act of 2004, as amended by chapter 45 253 of the laws of 2021, is amended to read as follows: 46 § 22. This act shall take effect July 1, 2005, provided, however, if 47 this act shall become a law after such date it shall take effect imme- 48 diately and shall be deemed to have been in full force and effect on and 49 after July 1, 2005; and provided further, however, that sections one 50 through [four] three and six through twenty-one of this act shall expire 51 and be deemed repealed June 30, 2024, and section five of this act shall 52 expire and be deemed repealed June 30, 2024. 53 § 7. Subdivision d of section 27 of chapter 378 of the laws of 2007, 54 amending the education law relating to implementation of the federal 55 individuals with disabilities education improvement act of 2004, asS. 1040--B 21 1 amended by chapter 253 of the laws of 2021, is amended to read as 2 follows: 3 d. [the provisions] sections one, two and four through twenty-five of 4 this act shall expire and be deemed repealed June 30, 2024. 5 § 8. This act shall take effect immediately; provided, however that 6 sections two and four of this act shall take effect July 1, 2025.
