Bill Text: NY S03036 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to school climate and codes of conduct on school property and disciplinary action following violation of such codes of conduct; and makes conforming amendments.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO EDUCATION [S03036 Detail]
Download: New_York-2017-S03036-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3036--A 2017-2018 Regular Sessions IN SENATE January 19, 2017 ___________ Introduced by Sens. MONTGOMERY, HAMILTON, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the education law, in relation to school climate and codes of conduct on school property and disciplinary action following violation of such codes of conduct; and to amend the education law, in relation to making conforming amendments The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 2801 of the education law, as added by chapter 181 2 of the laws of 2000, subdivision 1 as amended by chapter 402 of the laws 3 of 2005, the opening paragraph, paragraph a and paragraph c of subdivi- 4 sion 2 and paragraph a of subdivision 5 as amended by chapter 380 of the 5 laws of 2001, paragraphs l and m as amended and paragraph n of subdivi- 6 sion 2 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] School climate and codes of conduct on school proper- 10 ty. 1. a. The board of education or board of trustees of every school 11 district or the chancellor of the city school district in the case of 12 the city school district of the city of New York, and every board of 13 cooperative educational services and charter school shall promote and 14 sustain a safe, inclusive, civil, and respectful school environment for 15 school personnel, students, and visitors on school property and at 16 school functions through prevention, intervention, and discipline that 17 supports education and learning; promotes positive behaviors; reduces 18 the disparate impact of discipline; holds students accountable for their 19 behavior; and keeps students in school and class. 20 b. (1) Every school shall establish prevention programs and services 21 that may include school-based initiatives and individual interventions EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07973-03-7S. 3036--A 2 1 that promote a safe and secure environment for all persons on school 2 property or at school functions, and restorative practices designed to 3 promote social and emotional learning, resolve student behavioral 4 issues, and keep students in school and in class. 5 (2) Every school shall use interventions and supports that assist 6 students in developing social and emotional competencies such as self- 7 management, self-awareness, responsible decision-making, conflict resol- 8 ution, and refocusing on learning. 9 (3) Every school shall have, and support teachers in maintaining, 10 classrooms and classroom practices that support each student's opportu- 11 nity to obtain an education, that develop each student's social-emotion- 12 al skills, and that are healthy, safe, and inclusive. 13 (4) Every school shall ensure pre-service and annual training in 14 accordance with this section for all school personnel, law enforcement 15 and public or private security personnel employed, retained or 16 contracted with a school district or charter school regarding the code 17 of conduct, and the use of interventions, positive school climate prac- 18 tices, graduated and proportionate discipline, and disparities that 19 exist in discipline. 20 (5) Every school shall define the roles and areas of responsibility of 21 school personnel, security personnel and law enforcement in response to 22 student misconduct that violates the code of conduct. A school district 23 or charter school that employs, contracts with, or otherwise retains law 24 enforcement or public or private security personnel, including school 25 resource officers, shall establish a written contract or memorandum of 26 understanding that is developed with stakeholder input including but not 27 limited to: parents, students, school administrators, teachers, collec- 28 tive bargaining units, parent and student organizations, community 29 members, as well as probation officers, prosecutors, defense counsels 30 and courts that are familiar with school discipline. Such written 31 contract or memorandum of understanding shall define the relationship 32 between a school district or charter school, school personnel, students, 33 visitors, law enforcement, and public or private security personnel. 34 Such contract or memorandum of understanding shall be consistent with 35 the code of conduct, limit law enforcement or security personnel's 36 involvement when a student's behavior does not threaten the safety of 37 the school, define which behaviors should not result in an arrest or 38 summons, require law enforcement or security personnel to receive train- 39 ing as required by subparagraph four of this subdivision, and clearly 40 delegate the role of school discipline to the school administration. 41 Such written contract or memorandum of understanding shall be incorpo- 42 rated into and published as part of the code of conduct. 43 c. Every school shall use graduated and proportionate discipline, 44 which shall mean a disciplinary approach that requires school personnel 45 to use the least severe action necessary to respond to inappropriate 46 behavior and requires the use of appropriate prevention programs and 47 interventions prior to and in conjunction with the use of any discipline 48 that prevents students from receiving their in-classroom education. 49 Discipline such as removals, suspensions and expulsions that prevent 50 students from receiving their in-classroom education shall be used as a 51 discipline of last resort and may only be imposed as provided in this 52 section and section thirty-two hundred fourteen of this chapter. 53 d. (1) Restorative approaches to school climate and discipline include 54 the use of restorative practices in classrooms and schools to proactive- 55 ly build a school community based upon cooperation, mutual understand- 56 ing, acceptance of responsibility, trust and respect. Restorative prac-S. 3036--A 3 1 tices may address misbehavior and harm in a way that strengthens 2 relationships between school staff and students and among students and 3 addresses the root causes of discipline problems. 4 (2) Restorative discipline allows students who may have violated the 5 code of conduct to take full responsibility for their behavior by 6 addressing any individuals affected by the behavior. The purpose of such 7 discipline is to help students understand why a specific behavior is 8 wrong and to help them choose a better behavior in the future. Restora- 9 tive practices and discipline may include class meetings, facilitated 10 circles, conferences, peer mediation and other restorative interventions 11 that can effectively address student misconduct, hold students account- 12 able for their behavior, repair harm to persons and property caused by 13 misconduct and foster healthy relationships within the school community. 14 Consistent with this section and section thirty-two hundred fourteen of 15 this chapter, school personnel may use restorative discipline to respond 16 to student behavior. 17 (3) No student shall be required to participate in a restorative prac- 18 tice without their consent. In addition, in the case of an incident 19 where a student has been physically injured, no student shall be 20 required to participate in restorative practices if their parent or 21 person in parental relation affirmatively objects upon notice. If a 22 student chooses not to participate in a restorative practice, the school 23 may use other approaches to respond to a code of conduct violation. 24 2. For purposes of this section, school property [means in or within] 25 shall mean real, personal or other property owned, leased or occupied by 26 a public school including a charter school. Such property shall include 27 but not be limited to any building, structure, athletic playing field, 28 playground, parking lot or land contained within the real property boun- 29 dary line of a public elementary or secondary school; or in or on a 30 school bus, as defined in section one hundred forty-two of the vehicle 31 and traffic law; or electronic files and databases and a school function 32 shall mean a school-sponsored or school-authorized extra-curricular 33 event or activity regardless of where or when such event or activity 34 takes place, including any event or activity that may take place in 35 another state. 36 [2.] 3. The board of education or [the trustees] board of trustees of 37 every school district or the chancellor of the city school district in 38 the case of the city school district of the city of New York, [as39defined in section two of this chapter, of every school district within40the state, however created,] and every board of cooperative educational 41 services and [county vocational extension board] charter school, shall 42 adopt and amend, as appropriate, a code of conduct [for the maintenance43of order on school property, including a school function, which shall44govern the conduct of students, teachers and other school personnel as45well as visitors] which shall govern the conduct of students, school 46 employees and visitors in order to promote a safe, respectful and 47 supportive learning and teaching environment on school property and at 48 school functions and shall provide for the enforcement thereof. [Such49policy may be adopted by the school board or trustees only after at50least one public hearing that provides for the participation of school51personnel, parents, students and any other interested parties.] Such 52 code of conduct shall apply to all students, school employees, school 53 board members, independent contractors and visitors and shall include, 54 at a minimum provisions that: 55 a. [provisions regarding conduct, dress and language deemed appropri-56ate and acceptable on school property, including a school function, andS. 3036--A 4 1conduct, dress and language deemed unacceptable and inappropriate on2school property, including a school function, and provisions regarding3acceptable civil and respectful treatment of teachers, school adminis-4trators, other school personnel, students and visitors on school proper-5ty, including a school function, including the appropriate range of6disciplinary measures which may be imposed for violation of such code,7and the roles of teachers, administrators, other school personnel, the8board of education and parents;9b. standards and procedures to assure security and safety of students10and school personnel;11c. provisions for the removal from the classroom and from school prop-12erty, including a school function, of students and other persons who13violate the code;14d. disciplinary measures to be taken in incidents involving the15possession or use of illegal substances or weapons, the use of physical16force, vandalism, violation of another student's civil rights and17threats of violence;18e. provisions for detention, suspension and removal from the classroom19of students, consistent with section thirty-two hundred fourteen of this20chapter and other applicable federal, state and local laws including21provisions for the school authorities to establish policies and proce-22dures to ensure the provision of continued educational programming and23activities for students removed from the classroom, placed in detention,24or suspended from school;25f. procedures by which violations are reported, determined, discipline26measures imposed and discipline measures carried out;27g. provisions ensuring] establish standards and procedures to assure 28 security and safety of students and school personnel; 29 b. require age-appropriate, graduated and proportionate interventions 30 and discipline, including restorative discipline, that respond to 31 student misconduct, hold students accountable for their behavior and 32 maximize the ability of students to attend class and school; 33 c. set out clear expectations for student conduct at school and school 34 functions, using specific and objective criteria, and define violations 35 of the code of conduct; 36 d. establish the range of graduated and proportionate interventions 37 and consequences including restorative discipline for student behaviors 38 that violate the code of conduct; provided that removal of a student 39 from class or classes, school property or school functions, including 40 classroom removal or suspension, for a specific period of time shall not 41 be used to respond to tardiness, unexcused absence from class or school, 42 leaving school without permission, violation of school dress code, and 43 lack of identification upon request of school personnel. The range of 44 graduated and proportionate interventions for initial or repeated acts 45 of willful disobedience shall not include suspension. "Willful disobe- 46 dience" shall mean disruptive, insubordinate, or rowdy behavior, includ- 47 ing behaviors such as the use of foul or inappropriate language, 48 gestures, comments, or refusal to follow directions; 49 e. where available, require the consideration of the use of restora- 50 tive practices and discipline in response to violations of the code of 51 conduct; 52 f. establish procedures by which violations of the code of conduct are 53 reported to the appropriate school personnel, the facts are investigated 54 and determined, and intervention and discipline measures, including 55 restorative discipline, are decided and implemented. Such provisions 56 shall ensure that procedures established are consistent with thisS. 3036--A 5 1 section, section thirty-two hundred fourteen of this chapter, and other 2 federal and state law; 3 g. establish procedures for removal from the classroom, school proper- 4 ty or a school function, of students who violate the code of conduct, 5 including procedures by which a school may respond immediately to 6 student behavior that (i) physically injures or poses an immediate 7 threat of physical injury to the student or other person or persons; or 8 (ii) damages property and such damage injures or poses an immediate 9 threat of serious physical injury to the student or other person or 10 persons, consistent with section thirty-two hundred fourteen of this 11 chapter and other federal and state laws; 12 h. prohibit the suspension of students in kindergarten through grade 13 three, except in situations of serious physical injury as defined in 14 subdivision ten of section 10.00 of the penal law to students, staff, or 15 others while taking into account the totality of the circumstances; 16 i. comply with the federal Gun-Free Schools Act; 17 j. set forth the circumstances under and procedures by which a parent 18 or persons in parental relation to a student accused of and affected by 19 student behavior that violates the code of conduct shall be notified of 20 code of conduct violations, including notice that any statement by the 21 student, written or oral, might be used against the student in a crimi- 22 nal, immigration, or juvenile delinquency investigation and/or proceed- 23 ing and/or in a court of law; 24 k. set forth the circumstances under and procedures by which a student 25 may be referred to law enforcement or a person in need of supervision 26 petition as defined in article seven of the family court act will be 27 filed consistent with subparagraph five of paragraph b of subdivision 28 one of this section; 29 l. set out the circumstances under and procedures by which students 30 who are suspended from school may also be referred to academic services, 31 school-based support services, or to appropriate human services agen- 32 cies; 33 m. ensure the continued educational programming and activities for 34 students removed from the classroom or suspended from school. Students 35 who have been removed from the classroom or suspended from school shall 36 have the right to continue their education and receive instruction while 37 they are excluded from the classroom regardless of the reason for or 38 type of exclusion as follows: 39 (1) when a student is removed from a classroom, the teacher, principal 40 or the principal's designee shall provide the student with all missed 41 classroom work within twenty-four hours of the removal and the student 42 shall have the opportunity to earn all academic credit including the 43 opportunity to complete any missed assignments and take any missed exam- 44 inations or assessments; 45 (2) when a student is suspended from class or school, the principal or 46 the principal's designee, in consultation with the student's teachers, 47 shall create an education plan for the student for each subject or class 48 in which the student is enrolled. The education plan shall make 49 provisions for a student's on-going academic instruction during the 50 suspension. The student shall have the opportunity to earn all academic 51 credit including the opportunity to complete any assignments and take 52 any assessment or examination missed during the student's suspension and 53 if an assessment or examination cannot be rescheduled, the student shall 54 be allowed on school property to take such assessment or examination on 55 the day that the assessment or examination is given;S. 3036--A 6 1 (3) the education plan pursuant to subparagraph two of this paragraph 2 may include placement of the suspended student at an alternative learn- 3 ing site including the student's home if an alternative site is not 4 available and appropriate for the student's education. The principal or 5 the principal's designee at the school in which the student is enrolled 6 shall consult with the administrator of an alternative site or, in the 7 case of the student's home, with the teacher overseeing home instruc- 8 tion, to make arrangements for the student's continued instruction; 9 (4) every school district and charter school shall provide to students 10 with disabilities all services and educational programming protections 11 set forth in this section, section thirty-two hundred fourteen of this 12 chapter and all other applicable federal and state laws; 13 (5) schools shall schedule a conference with the parent or person in 14 parental relation and student within five school days from a student's 15 return to school after any short term or long term suspension and 16 provide notice of the conference to the parent or person in parental 17 relation and the student. The failure of the parent or person in 18 parental relation or student to attend shall not delay re-entry follow- 19 ing suspension. The conference shall include a discussion of the follow- 20 ing: 21 (A) a file of the student's educational activities while on suspension 22 that can be counted toward credit accumulation. This file shall include 23 the student's test scores, grades, completed assignments, and total 24 credits earned while suspended. The student's existing academic record 25 may be used for these purposes, if the academic record provides all 26 required information set forth in this clause; 27 (B) the steps the student will take to follow all school rules; 28 (C) the supports the school will provide for the student to success- 29 fully re-enter school; 30 (D) a discussion of when the record of suspension will be expunged; 31 and 32 (E) any other pertinent circumstances. 33 n. ensure such code and [the] its enforcement [thereof] are in compli- 34 ance with state and federal laws relating to students with disabilities; 35 [h. provisions setting forth the procedures by which local law36enforcement agencies shall be notified of code violations which consti-37tute a crime;38i. provisions setting forth the circumstances under and procedures by39which persons in parental relation to the student shall be notified of40code violations;41j. provisions setting forth the circumstances under and procedures by42which a complaint in criminal court, a juvenile delinquency petition or43person in need of supervision petition as defined in articles three and44seven of the family court act will be filed;45k. circumstances under and procedures by which referral to appropriate46human service agencies shall be made;47l. a minimum suspension period, for students who repeatedly are48substantially disruptive of the educational process or substantially49interfere with the teacher's authority over the classroom, provided that50the suspending authority may reduce such period on a case by case basis51to be consistent with any other state and federal law. For purposes of52this section, the definition of "repeatedly are substantially disrup-53tive" shall be determined in accordance with the regulations of the54commissioner;55m. a minimum suspension period for acts that would qualify the pupil56to be defined as a violent pupil pursuant to paragraph a of subdivisionS. 3036--A 7 1two-a of section thirty-two hundred fourteen of this chapter, provided2that the suspending authority may reduce such period on a case by case3basis to be consistent with any other state and federal law;] and 4 [n.] o. provisions to comply with article two of this chapter. 5 [3.] 4. The [district] code of conduct shall be developed in collab- 6 oration with [student, teacher, administrator, and parent organizations,7school safety personnel and other school personnel] representatives from 8 all interested stakeholders including students, teachers, administra- 9 tors, parents, school safety personnel, support services personnel, 10 parent and student organizations, collective bargaining units, and 11 others as identified by the school district or charter school and shall 12 be approved by the board of education, [or] board of trustees, other 13 governing body, or by the chancellor of the city school district in the 14 case of the city school district of the city of New York. In the city 15 school district of the city of New York, each community district educa- 16 tion council shall be authorized to adopt and implement additional poli- 17 cies, which are consistent with and no more restrictive than the city 18 district's district-wide code of conduct, to reflect the individual 19 needs of each community school district provided that such additional 20 policies shall require the approval of the chancellor. 21 [4. The board of education, chancellor or other governing body shall22provide copies of a summary of the code of conduct to all students at a23general assembly held at the beginning of the school year and shall make24copies of the code available to persons in parental relation to students25at the beginning of each school year, and shall mail a plain language26summary of such code to all persons in parental relation to students27before the beginning of each school year, and make it available there-28after upon request. The board of education, chancellor or other govern-29ing body shall take reasonable steps to ensure community awareness of30the code provisions.] 31 5. [a.] The board of education, board of trustees, other governing 32 body, or the chancellor of the city school district in the case of the 33 city school district of the city of New York shall hold at least one 34 public hearing about the proposed code of conduct before its adoption or 35 amendment. The school district or charter school shall notify the school 36 community and general public about the hearing at least thirty days 37 prior to the date of the hearing. Such notice shall include the date, 38 time and place of the hearing, the agenda, a copy of the proposed code 39 of conduct and information about a public comment period as determined 40 by the school district or charter school. The school district or char- 41 ter school shall take necessary steps to notify families who do not 42 speak English and whose children attend a school in the district or a 43 charter school. 44 6. Upon adoption or amendment of the code of conduct, the school 45 district or charter school shall: 46 a. file a copy of its code of conduct and any amendments to such code 47 with the commissioner no later than thirty days after their adoption; 48 b. translate the code of conduct into those languages spoken by three 49 percent or more of the families whose children attend a school in the 50 school district or a charter school; 51 c. at the beginning of each school year, post the code of conduct on 52 the school district or charter school's website and school web site, if 53 any, and provide a copy of the code of conduct to parents or persons in 54 parental relation to students in the district's schools or charter 55 school;S. 3036--A 8 1 d. distribute the code of conduct to all students in school at one or 2 more general assemblies or other classroom level lessons dedicated to 3 the provisions of the code of conduct; and 4 e. at the beginning of each school year, each school shall explain its 5 code of conduct to students in one or more general assemblies or class- 6 room level lessons. 7 7. The board of education, board of trustees, chancellor or other 8 governing body shall annually review and update the district's [codes] 9 or charter school's code of conduct if necessary, taking into consider- 10 ation the effectiveness of the code of conduct's provisions and the 11 fairness and consistency of its administration. Each school district and 12 charter school is authorized to establish a committee and to facilitate 13 the review of the code of conduct and the district's or charter school's 14 response to code of conduct violations. Any such committee shall be 15 comprised of similar individuals described in subdivision [three] four 16 of this section. [The school board, chancellor, or other governing body17shall reapprove any such updated code only after at least one public18hearing that provides for the participation of school personnel,19parents, students and any other interested parties.20b. Each district shall file a copy of its codes of conduct with the21commissioner and all amendments to such code shall be filed with the22commissioner no later than thirty days after their adoption.] 23 8. a. The commissioner shall promulgate regulations in accordance 24 with this section, which shall address the development, implementation 25 and evaluation of a school district's or charter school's code of 26 conduct and shall include but not be limited to: 27 (1) one or more model codes of conduct designed to reduce the use of 28 suspensions that meet the requirements of sections twenty-eight hundred 29 one and thirty-two hundred fourteen of this chapter; 30 (2) best practices for age-appropriate, graduated and proportionate 31 discipline as set out in section twenty-eight hundred one of this chap- 32 ter; 33 (3) a matrix of student misconduct and the interventions and discipli- 34 nary measures that provide age appropriate, graduated and proportionate 35 intervention designed to reduce reliance on suspensions and referrals to 36 law enforcement; 37 (4) guidelines for appropriate school-wide implementation of restora- 38 tive practices; and 39 (5) forms necessary to implement student notification and due process 40 requirements of section twenty-eight hundred one and thirty-two hundred 41 fourteen of this chapter. 42 b. The department shall collect and every school district and charter 43 school shall report to the department data about the implementation of 44 student codes of conduct as required by federal law. On or before Novem- 45 ber first of each year, the department shall make available to the 46 public, by school district and charter school, the data regarding 47 student discipline from the preceding year. On or before December first 48 of each year the department shall submit to the governor, the temporary 49 president of the senate, the speaker of the assembly and the chairs of 50 the assembly and senate education committees a report that summarizes 51 and analyzes the data collected about student discipline including but 52 not limited to a review and evaluation of school application of codes of 53 conduct for fair and consistent application, recommendations about poli- 54 cies and practices for school codes of conduct, and the technical 55 assistance the department is providing regarding student discipline.S. 3036--A 9 1 § 2. Subdivision 3 of section 2801 of the education law, as added by 2 chapter 181 of the laws of 2000, is amended to read as follows: 3 [3.] 4. The [district] code of conduct shall be developed in collab- 4 oration with [student, teacher, administrator, and parent organizations,5school safety personnel and other school personnel] representatives from 6 all interested stakeholders including students, teachers, administra- 7 tors, parents, school safety personnel, support services personnel, 8 parent and student organizations, collective bargaining units, and 9 others as identified by the school district or charter school and shall 10 be approved by the board of education, [or] board of trustees, other 11 governing body, or by the chancellor of the city school district in the 12 case of the city school district of the city of New York. In the city 13 school district of the city of New York, each community school district 14 board shall be authorized to adopt and implement additional policies, 15 which are consistent with and no more restrictive than the city 16 district's district-wide code of conduct, to reflect the individual 17 needs of each community school district provided that such additional 18 policies shall require the approval of the chancellor. 19 § 3. Section 3214 of the education law, as amended by chapter 181 of 20 the laws of 2000, subparagraph 1 of paragraph c of subdivision 3 as 21 amended by chapter 430 of the laws of 2006, paragraphs d and f of subdi- 22 vision 3 as amended by chapter 425 of the laws of 2002, paragraph e of 23 subdivision 3 as amended by chapter 170 of the laws of 2006, paragraph g 24 of subdivision 3 as amended by chapter 352 of the laws of 2005, clause 25 (v) of subparagraph 3 of paragraph g of subdivision 3 as amended by 26 chapter 378 of the laws of 2007, paragraphs a, b and c of subdivision 27 3-a as amended by chapter 147 of the laws of 2001 and subdivision 7 as 28 amended by section 9 of part YYY of chapter 59 of the laws of 2017, is 29 amended to read as follows: 30 § 3214. Student interventions, placement, suspensions and transfers. 31 1. [School delinquent. A minor under seventeen years of age, required by32any of the provisions of part one of this article to attend upon33instruction, who is an habitual truant from such instruction or is34irregular in such attendance or insubordinate or disorderly or disrup-35tive or violent during such attendance, is a school delinquent.362. Special day schools.] Alternative learning sites. The school 37 authorities of any city [or], school district or charter school may 38 establish schools or set apart rooms in [public] school buildings or 39 properties for the instruction of [school delinquents] students removed 40 or suspended for violations of the code of conduct in accordance with 41 this section and section twenty-eight hundred one of this chapter, and 42 fix the number of days per week and the hours per day of required 43 attendance and instruction, which shall not be less than is required of 44 minors attending the full time day schools. 45 [2-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. 3036--A 10 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] 2. Discipline of a [pupil] student. a. [The board of17education, board of trustees or sole trustee, the superintendent of18schools, district superintendent of schools or principal of a school may19suspend the following pupils] (1) Students may be suspended from 20 required attendance [upon instruction:] in accordance with paragraphs b 21 and c of this subdivision; provided, however, that decisions about 22 appropriate discipline and interventions in response to student behavior 23 that has been determined to violate a school's code of conduct shall 24 weigh the likelihood that a lesser intervention or discipline would 25 adequately address the student's misconduct, redress any harm or damage, 26 and prevent future violations of the code of conduct. Suspensions should 27 only be used as a last resort. 28 (2) The school shall conduct an investigation of any report of a 29 violation of the code of conduct. Such investigation shall include an 30 interview of the alleged victim and the witnesses to the incident; a 31 request for signed, written statements from the alleged victim and 32 witnesses; and identification and review of documentary, photographic, 33 video and other evidence. The school shall inform any student that 34 submission of a written statement is voluntary. 35 (3) If a student has been arrested or if the school is considering 36 referring the student to law enforcement, the school shall not request a 37 statement from such student, except when there is imminent risk of seri- 38 ous physical injury to the student or other person or persons. 39 (4) The school shall determine whether appropriate interventions, 40 including restorative discipline, can address the alleged violation of 41 the code of conduct without suspension. The school should evaluate the 42 effectiveness of the intervention and use multiple types of intervention 43 where appropriate and available. 44 (5) Disciplinary determinations shall be based on the facts of each 45 case including, but not limited to: 46 (i) the nature and impact of the student's alleged misconduct, includ- 47 ing but not limited to the harm to the student or other persons, damage 48 to personal or school property, or threat to the safety and welfare of 49 the school community; 50 (ii) the student's age, ability to speak or understand English, phys- 51 ical health, mental health, disabilities and provisions of an individ- 52 ualized education program, as it relates to his or her behavior; 53 (iii) the student's willingness to resolve the conflict and repair any 54 harm or damage; 55 (iv) the student's prior conduct, appropriateness of prior inter- 56 ventions and the student's response to prior interventions; andS. 3036--A 11 1 (v) other factors as determined by school personnel and the student to 2 be relevant including the circumstances surrounding the student's 3 actions and a review of the student's academic placement and program for 4 its relationship, if any, to the student's behavior and alleged 5 violation of the code of conduct. 6 [A pupil who is insubordinate or disorderly or violent or disruptive,7or whose conduct otherwise endangers the safety, morals, health or8welfare of others.] 9 b. [(1)] Short term suspension. The board of education, board of trus- 10 tees, [or sole trustee] other governing body, the chancellor of the city 11 school district in the case of the city school district of the city of 12 New York, superintendent of schools, district superintendent of schools 13 and the principal of the school where the [pupil] attends shall have the 14 power to suspend [a pupil] for a period not to exceed five school days[.15In the case of] any student who engages in behavior that results in 16 serious physical injury to students, staff, or others or any student who 17 is in grades four to twelve, if a determination is made that the student 18 engaged in behavior that violated the code of conduct for which short 19 term suspension may be warranted. Except as set forth below, prior to 20 such a suspension, the [suspending authority] student, parent or person 21 in parental relation shall [provide the pupil] be provided with written 22 notice of the charged misconduct, including a brief explanation of the 23 basis for the suspension and description of the alleged behavior that 24 violated the code of conduct, that includes the date, time and place of 25 the scheduled informal conference with the principal. [If the pupil26denies the misconduct, the suspending authority shall provide an expla-27nation of the basis for the suspension.] The [pupil] student and the 28 parent or person in parental relation to the [pupil] student shall[, on29request,] be given an opportunity for an informal conference with the 30 principal [at which]. At the conference, the [pupil and/or] student and 31 parent or person in parental relation shall be authorized to review all 32 evidence of the alleged misconduct, present the [pupil's] student's 33 version of the event [and to], ask questions of the complaining 34 witnesses, and be represented by an attorney or advocate. The aforesaid 35 notice and opportunity for an informal conference shall take place prior 36 to suspension of the [pupil] student unless the [pupil's presence in the37school poses a continuing danger to persons or property or an ongoing38threat of disruption to the academic process,] student's misconduct 39 physically injures or poses an immediate threat of serious physical 40 injury to the student or other person or persons, in which case the 41 [pupil's] student's notice and opportunity for an informal conference 42 shall take place as soon after the suspension as is reasonably practica- 43 ble but in no case more than forty-eight hours after such removal; 44 provided that if such forty-eight hour period does not end on a school 45 day, it shall be extended to the corresponding time on the second school 46 day next following the student's removal. If suspension is imposed, the 47 principal or his or her designee shall create an education plan for the 48 student consistent with section twenty-eight hundred one of this chap- 49 ter, and a plan for the student's reinstatement to school. The principal 50 shall issue a written decision to the parent or person in parental 51 relation to the student about any disciplinary action within two days of 52 the conference. If the principal determines that a suspension of five 53 school days or less is warranted, the written decision shall state the 54 length of the suspension, findings of fact, reasons for the determi- 55 nation, the procedures for an appeal and the date by which an appeal 56 shall be filed. A student suspended for violating the code of conductS. 3036--A 12 1 may appeal a suspension of five days or less to the school district 2 superintendent, board of education, board of trustees, other governing 3 body or chancellor of the city school district in the case of the city 4 school district of the city of New York as designated in the school code 5 of conduct within thirty days. A written decision on the appeal shall be 6 sent to the parent or person in parental relation and the student within 7 thirty days. 8 [(2) A teacher shall immediately report and refer a violent pupil to9the principal or superintendent for a violation of the code of conduct10and a minimum suspension period pursuant to section twenty-eight hundred11one of this chapter.] 12 c. (1) [No pupil may be suspended for a period in excess of five13school days] Long term suspension. The board of education, board of 14 trustees, other governing body, the chancellor of the city school 15 district in the case of the city school district of the city of New 16 York, superintendent of schools or district superintendent of schools 17 where the student attends shall have the power to suspend for a period 18 not to exceed twenty school days any student who engages in behavior 19 that results in serious physical injury to students, staff, or others or 20 any student who is in grades four to twelve, if a determination is made 21 that the student engaged in behavior that violated the code of conduct 22 for which long term suspension may be warranted. Such suspension shall 23 not be imposed unless such [pupil] student and the parent or person in 24 parental relation to such [pupil] student shall have had an opportunity 25 for a fair hearing[, upon reasonable]. Once a decision has been made to 26 seek a long term suspension, written notice shall be provided to the 27 student and the parent or person in parental relation to the student. 28 Such written notice, [at which such pupil] shall include a description 29 of the facts and circumstances upon which the alleged violations of the 30 code of conduct are based, the section of the code of conduct that the 31 student is charged to have violated and the disciplinary action that may 32 be warranted, the length of a possible suspension, copies of all 33 evidence regarding the alleged incident, and the date, time and place 34 scheduled for the hearing. Such hearing shall be convened within five 35 days of the written notice, unless the parent or person in parental 36 relation or student requests a later date. At the hearing, the student 37 shall have the right of representation by counsel, with the right to 38 request the presence of and question witnesses against such [pupil] 39 student and to request the presence of and present witnesses and other 40 evidence on his or her behalf. Where the [pupil] student is a student 41 with a disability or a student presumed to have a disability, the 42 provisions of [paragraph g of this] subdivision six of this section 43 shall also apply. [Where a pupil has been suspended in accordance with44this subparagraph by a superintendent of schools, district superinten-45dent of schools, or community superintendent, the superintendent shall46personally hear and determine the proceeding or may, in his or her47discretion, designate a hearing officer to conduct the hearing. The48hearing officer] The board of education, board of trustees, other 49 governing body, the chancellor of the city school district in the case 50 of the city school district of the city of New York, superintendent of 51 schools or district superintendent shall conduct the hearing and issue a 52 decision, or may designate a hearing officer to do so. The entity or 53 individual that conducts the hearing shall be authorized to administer 54 oaths and to issue subpoenas in conjunction with the proceeding [before55him or her]. A record of the hearing shall be maintained, but no steno- 56 graphic transcript shall be required and [a tape] an audio recordingS. 3036--A 13 1 shall be deemed a satisfactory record. The entity or individual conduct- 2 ing such hearing shall consider only the evidence presented at the hear- 3 ing, determine whether the charge has been established by a preponder- 4 ance of the evidence and may uphold, reduce or dismiss the proposed 5 charge. The [hearing officer] entity or individual conducting such hear- 6 ing shall make written findings of fact and [recommendations as to] 7 shall decide the appropriate measure of discipline [to the superinten-8dent. The report of the hearing officer shall be advisory only, and the9superintendent may accept all or any part thereof. An appeal will lie10from the decision of the superintendent to the board of education who11shall make its decision solely upon the record before it. The board may12adopt in whole or in part the decision of the superintendent of13schools.], if any. The entity or individual conducting such hearing 14 shall issue a written decision to the school and the parent or person in 15 parental relation to the student within three days of the hearing. If 16 the entity or individual conducting the hearing determines that a 17 suspension of six to twenty days is warranted, the written decision 18 shall state the length of the suspension, findings of fact, reasons for 19 the determination, procedures for appeal, and the date by which the 20 appeal shall be filed. Where the basis for the suspension is, in whole 21 or in part, the possession on school grounds or school property by the 22 student of any firearm, rifle, shotgun, dagger, dangerous knife, dirk, 23 razor, stiletto or any of the weapons, instruments or appliances speci- 24 fied in subdivision one of section 265.01 of the penal law, the hearing 25 officer or superintendent shall not be barred from considering the 26 admissibility of such weapon, instrument or appliance as evidence, 27 notwithstanding a determination by a court in a criminal or juvenile 28 delinquency proceeding that the recovery of such weapon, instrument or 29 appliance was the result of an unlawful search or seizure. If suspension 30 is imposed, the school district or charter school shall establish an 31 education plan for the student consistent with the requirements in 32 section twenty-eight hundred one of this chapter, including academic and 33 support services, and a plan for the student's reinstatement to school. 34 (2) [Where a pupil has been suspended in accordance with this section35by a board of education, the board may in its discretion hear and deter-36mine the proceeding or appoint a hearing officer who shall have the same37powers and duties with respect to the board that a hearing officer has38with respect to a superintendent where the suspension was ordered by39him. The findings and recommendations of the hearing officer conducting40the proceeding shall be advisory and subject to final action by the41board of education, each member of which shall before voting review the42testimony and acquaint himself with the evidence in the case. The board43may reject, confirm or modify the conclusions of the hearing officer.] 44 Appeal. The student or parent or person in parental relation to the 45 student shall have a right to appeal the decision of the hearing offi- 46 cer, superintendent of school or district superintendent to the board of 47 education, board of trustees, other governing body, or the chancellor of 48 the city school district in the case of the city school district of the 49 city of New York. The appeal shall be heard only by an entity or indi- 50 vidual who was not involved in the initial determination or hearing 51 regarding the suspension of the student. The entity or individual hear- 52 ing the appeal shall issue a written decision within twenty days of the 53 filing of the appeal. The suspension may be upheld, reduced or 54 dismissed. The student or parent or person in parental relation to the 55 student may appeal any adverse determination by the board of education, 56 board of trustees, other governing body, or the chancellor of the cityS. 3036--A 14 1 school district in the case of the city school district of the city of 2 New York to the commissioner pursuant to the regulations of the commis- 3 sioner. The student or parent or person in parental relation to the 4 student may appeal an adverse decision of the commissioner to the state 5 supreme court within four months of receipt of the decision by the 6 commissioner. 7 [d. (1)] 3. Firearms. a. Consistent with the federal gun-free schools 8 act, any public school [pupil] student who is determined under [this] 9 subdivision two of this section to have brought a firearm to or 10 possessed a firearm at a public school shall be suspended for a period 11 of not less than one calendar year and any nonpublic school [pupil] 12 student participating in a program operated by a public school district 13 using funds from the elementary and secondary education act of nineteen 14 hundred sixty-five who is determined under [this] subdivision two of 15 this section to have brought a firearm to or possessed a firearm at a 16 public school or other premises used by the school district to provide 17 such programs shall be suspended for a period of not less than one 18 calendar year from participation in such program. The procedures of this 19 subdivision shall apply to such a suspension of a nonpublic school 20 [pupil] student. A superintendent of schools, district superintendent of 21 schools or community superintendent shall have the authority to modify 22 this suspension requirement for each student on a case-by-case basis. 23 The determination of a superintendent shall be subject to review by the 24 board of education, board of trustees, other governing body or the chan- 25 cellor of the city school district in the case of the city school 26 district of the city of New York, pursuant to paragraph c of [this] 27 subdivision two of this section and the commissioner pursuant to section 28 three hundred ten of this chapter. Nothing in this subdivision shall be 29 deemed to authorize the suspension of a student with a disability in 30 violation of the individuals with disabilities education act or article 31 eighty-nine of this chapter. A superintendent shall refer the [pupil] 32 student under the age of sixteen who has been determined to have brought 33 a weapon or firearm to school in violation of [this] subdivision two of 34 this section to a presentment agency for a juvenile delinquency proceed- 35 ing consistent with article three of the family court act except a 36 student fourteen or fifteen years of age who qualifies for juvenile 37 offender status under subdivision forty-two of section 1.20 of the crim- 38 inal procedure law. A superintendent shall refer any [pupil] student 39 sixteen years of age or older or a student fourteen or fifteen years of 40 age who qualifies for juvenile offender status under subdivision forty- 41 two of section 1.20 of the criminal procedure law, who has been deter- 42 mined to have brought a weapon or firearm to school in violation of 43 [this] subdivision two of this section to the appropriate law enforce- 44 ment officials. 45 [(2)] b. Nothing in this paragraph shall be deemed to mandate such 46 action by a school district pursuant to subdivision [one] two of this 47 section where such weapon or firearm is possessed or brought to school 48 with the written authorization of such educational institution in a 49 manner authorized by article two hundred sixty-five of the penal law for 50 activities approved and authorized by the board of trustees [or], board 51 of education [or], other governing body [of the public school], or the 52 chancellor of the city school district in the case of the city school 53 district of the city of New York and such governing body adopts appro- 54 priate safeguards to ensure student safety. 55 [(3)] c. As used in this paragraph:S. 3036--A 15 1 (i) "firearm" shall mean a firearm as defined in subsection a of 2 section nine hundred twenty-one of title eighteen of the United States 3 Code; and 4 (ii) "weapon" shall be as defined in paragraph 2 of subsection g of 5 section nine hundred thirty of title eighteen of the United States Code. 6 [e.] 4. Procedure after suspension. Where a [pupil] student has been 7 suspended pursuant to [this] subdivision two of this section and said 8 [pupil is of compulsory attendance age] student has the legal right to 9 attend school, immediate steps shall be taken [for] to ensure his or her 10 attendance upon instruction elsewhere [or for supervision or detention11of said pupil pursuant to the provisions of article seven of the family12court act] consistent with the requirements of paragraph m of subdivi- 13 sion three of section twenty-eight hundred one of this chapter. Where a 14 [pupil] student has been suspended for cause, the suspension may be 15 revoked by the board of education, board of trustees, other governing 16 body or the chancellor of the city school district in the case of the 17 city school district of the city of New York, whenever it appears to be 18 [for] in the best interest of the school and the [pupil] student to do 19 so. The [board of education may also condition a] student's early return 20 to school and suspension revocation may be conditioned on the [pupil's] 21 student's voluntary participation in counseling or specialized classes, 22 including anger management or dispute resolution, where applicable. 23 [f.] 5. Definition. Whenever the term "board of education, board of 24 trustees, other governing body, the chancellor of the city school 25 district in the case of the city school district of the city of New 26 York, or superintendent of schools" is used in this [subdivision] 27 section, it shall be deemed to include charter schools, community boards 28 of education and community superintendents governing community districts 29 in accordance with the provisions of article fifty-two-A of this chap- 30 ter. 31 [g.] 6. Discipline of students with disabilities and students presumed 32 to have a disability for discipline purposes. [(1)] a. Notwithstanding 33 any other provision of this [subdivision] section to the contrary, a 34 student with a disability as such term is defined in section forty-four 35 hundred one of this chapter and a student presumed to have a disability 36 for discipline purposes, may be suspended or removed from his or her 37 current educational placement for violation of [school rules only] the 38 code of conduct in accordance with the procedures established in this 39 section, the regulations of the commissioner implementing this [para-40graph] section, and subsection (k) of section fourteen hundred fifteen 41 of title twenty of the United States code and the federal regulations 42 implementing such statute, as such federal law and regulations are from 43 time to time amended. Nothing in this [paragraph] section shall be 44 construed to confer greater rights on such students than are conferred 45 under applicable federal law and regulations, or to limit the ability of 46 a school district to change the educational placement of a student with 47 a disability in accordance with the procedures in article eighty-nine of 48 this chapter. 49 [(2)] b. As used in this [paragraph] subdivision: 50 (1) a "student presumed to have a disability for discipline purposes" 51 shall mean a student who the school district is deemed to have knowledge 52 was a student with a disability before the behavior that precipitated 53 disciplinary action under the criteria in subsection (k) (5) of section 54 fourteen hundred fifteen of title twenty of the United States code and 55 the federal regulations implementing such statute; andS. 3036--A 16 1 [(ii)] (2) a "manifestation team" means a representative of the school 2 district, the parent or person in parental relation, and relevant 3 members of the committee on special education, as determined by the 4 parent or person in parental relation and the district. 5 [(3)] c. In applying the federal law consistent with this section: 6 [(i)] (1) in the event of a conflict between the procedures estab- 7 lished in this section and those established in subsection (k) of 8 section fourteen hundred fifteen of title twenty of the United States 9 code and the federal regulations implementing such statute, such federal 10 statute and regulations shall govern. 11 [(ii)] (2) the board of trustees or board of education of any school 12 district or other governing body or the chancellor of the city school 13 district in the case of the city school district of the city of New 14 York, a district superintendent of schools or a building principal shall 15 have authority to order the placement of a student with a disability 16 into an appropriate interim alternative educational setting, another 17 setting or suspension for a period not to exceed five consecutive school 18 days where such student is suspended pursuant to this subdivision and, 19 except as otherwise provided in [clause (vi)] paragraph f of this 20 [subparagraph] subdivision, the suspension does not result in a change 21 in placement under federal law. 22 [(iii)] (3) the superintendent of schools of a school district, either 23 directly or upon recommendation of a hearing officer designated pursuant 24 to paragraph c of [this] subdivision two of this section, may order the 25 placement of a student with a disability into an interim alternative 26 educational setting, another setting or suspension for up to ten consec- 27 utive school days, inclusive of any period in which the student is 28 placed in an appropriate interim alternative educational setting, anoth- 29 er setting or suspension pursuant to clause [(ii)] two of this subpara- 30 graph for the behavior, where the superintendent determines in accord- 31 ance with the procedures set forth in this subdivision that the student 32 has engaged in behavior that violates the code of conduct and warrants a 33 suspension, and, except as otherwise provided in [clause (vi)] paragraph 34 f of this [subparagraph] subdivision, the suspension does not result in 35 a change in placement under federal law. 36 [(iv)] d. the superintendent of schools of a school district, either 37 directly or upon recommendation of a hearing officer designated pursuant 38 to paragraph c of [this] subdivision two of this section, may order the 39 change in placement of a student with a disability to an interim alter- 40 native educational setting for up to forty-five school days under the 41 circumstances specified in subsection (k)(1)(G) of section fourteen 42 hundred fifteen of title twenty of the United States code and the feder- 43 al regulations implementing such statute or a longer period where 44 authorized by federal law under the circumstances specified in 45 subsection (k)(1)(C) of section fourteen hundred fifteen of title twenty 46 of the United States code and the federal regulations implementing such 47 statute, but in neither case shall such period exceed the period of 48 suspension ordered by a superintendent in accordance with this subdivi- 49 sion. 50 [(v)] e. the terms "day," "business day," and "school day" shall be as 51 defined in section 300.11 of title thirty-four of the code of federal 52 regulations. 53 [(vi)] f. notwithstanding any other provision of this subdivision to 54 the contrary, upon a determination by a manifestation team that the 55 behavior of a student with a disability was not a manifestation of the 56 student's disability, such student may be disciplined pursuant to thisS. 3036--A 17 1 section in the same manner and for the same duration as a nondisabled 2 student, except that such student shall continue to receive services to 3 the extent required under federal law and regulations, and such services 4 may be provided in an interim alternative educational setting. 5 [(vii)] g. an impartial hearing officer appointed pursuant to subdivi- 6 sion one of section forty-four hundred four of this chapter may order a 7 change in placement of a student with a disability to an appropriate 8 interim alternative educational setting for not more than forty-five 9 school days under the circumstances specified in subsections (k)(3) and 10 (k)(4) of section fourteen hundred fifteen of title twenty of the United 11 States code and the federal regulations implementing such statutes, 12 provided that such procedure may be repeated, as necessary. 13 [(viii)] h. nothing in this section shall be construed to authorize 14 the suspension or removal of a student with a disability from his or her 15 current educational placement [for violation of school rules] following 16 a determination by a manifestation team that the behavior is a manifes- 17 tation of the student's disability, except as authorized under federal 18 law and regulations. 19 [(ix)] i. the commissioner shall implement this paragraph by adopting 20 regulations which coordinate the procedures required for discipline of 21 students with disabilities, and students presumed to have a disability 22 for discipline purposes, pursuant to subsection (k) of section fourteen 23 hundred fifteen of title twenty of the United States code and the feder- 24 al regulations implementing such statute, with the general procedures 25 for student discipline under this section. 26 [3-a.] [Teacher removal of a disruptive pupil. In addition, any] 7. 27 Classroom management. A teacher shall have the power and authority to 28 [remove a disruptive pupil, as defined in subdivision two-a of this29section,] manage their classrooms consistent with the code of conduct, 30 this section and section twenty-eight hundred one of this chapter. 31 Teachers may remove a student from such teacher's classroom consistent 32 with discipline and intervention measures contained in the code of 33 conduct adopted [by the board] pursuant to section twenty-eight hundred 34 one of this chapter when a student's behavior violates a provision of 35 the code of conduct for which removal may be warranted and no alterna- 36 tive intervention alone is appropriate to address the alleged behavior. 37 Such classroom removal may not exceed one half school day on the same 38 school day. The [school authorities of any] school district or charter 39 school shall establish policies and procedures to ensure the provision 40 of continued educational programming and activities for students removed 41 from the classroom pursuant to this subdivision and to section twenty- 42 eight hundred one of this chapter, and provided further that nothing in 43 this subdivision shall authorize the removal of a [pupil] student in 44 violation of any state or federal law or regulation. No [pupil] student 45 shall return to the classroom until the principal makes a final determi- 46 nation pursuant to paragraph [c] d of this subdivision, or the period of 47 removal expires, whichever is less. 48 a. When a student is removed from the classroom, the school shall 49 provide the appropriate services, interventions, or restorative disci- 50 pline to enable the student to return to the classroom as expeditiously 51 as possible, and in no case no longer than one half day on the same 52 school day as the removal. After a student's third removal in a school 53 year, the school shall create a plan to provide appropriate inter- 54 ventions, supports, and services that address the behavior and circum- 55 stances that led to the removals.S. 3036--A 18 1 b. Such teacher shall inform the [pupil] student and the school prin- 2 cipal of the reasons for the removal. [If the teacher finds that the3pupil's continued presence in the classroom does not pose a continuing4danger to persons or property and does not present an ongoing threat of5disruption to the academic process, the teacher shall, prior to removing6the student from the classroom, provide the student with an explanation7of the basis for the removal and allow the pupil to informally present8the pupil's version of relevant events. In all other cases, the teacher9shall provide the pupil with an explanation of the basis for the removal10and an informal opportunity to be heard within twenty-four hours of the11pupil's removal, provided that if such twenty-four hour period does not12end on a school day, it shall be extended to the corresponding time on13the next school day.14b.] c. The principal shall inform the parent or person in parental 15 relation to such [pupil] student of the removal and the reasons therefor 16 within twenty-four hours of the [pupil's] student's removal, provided 17 that if such twenty-four hour period does not end on a school day, it 18 shall be extended to the corresponding time on the next school day. The 19 [pupil] student and the parent or person in parental relation shall, 20 upon request, be given an opportunity for an informal conference with 21 the principal to discuss the reasons for the removal. [If the pupil22denies the charges, the] The principal shall provide an explanation of 23 the basis for the removal and allow the [pupil] student and/or parent or 24 person in parental relation to the [pupil] student an opportunity to 25 present the [pupil's] student's version of relevant events. Such 26 informal [hearing] conference shall be held within forty-eight hours of 27 the [pupil's] student's removal, provided that if such forty-eight hour 28 period does not end on a school day, it shall be extended to the corre- 29 sponding time on the second school day next following the [pupil's] 30 student's removal. A parent or person in parental relation to the 31 student may request that the informal conference take place later than 32 forty-eight hours after the student's removal. For purposes of this 33 subdivision, "school day" shall mean a school day as defined pursuant to 34 [clause (v) of subparagraph three of] paragraph [g] e of subdivision 35 [three] six of this section. 36 [c.] d. The principal shall not set aside the discipline imposed by 37 the teacher unless the principal finds that the charges against the 38 [pupil] student are not supported by substantial evidence or that the 39 [pupil's] student's removal is otherwise in violation of law or that the 40 conduct warrants suspension from school pursuant to this section and a 41 suspension will be imposed. The principal's determination made pursuant 42 to this paragraph shall be made by the close of business on the school 43 day next succeeding the end of the forty-eight hour period for an 44 informal [hearing] conference contained in paragraph [b] c of this 45 subdivision. 46 [d.] e. The principal may, in his or her discretion, designate a 47 school district administrator, to carry out the functions required of 48 the principal under this subdivision. 49 [4.] 8. Expense. a. The expense attending the commitment and costs of 50 maintenance of [any school delinquent] a student placed as a result of a 51 finding related to school or educational issues shall be a charge 52 against the city or district where he or she resides, if such city or 53 district employs a superintendent of schools; otherwise it shall be a 54 county charge. 55 b. The school authorities may institute proceedings before a court 56 having jurisdiction to determine the liability of a parent or person inS. 3036--A 19 1 parental relation to contribute towards the maintenance of a [school2delinquent] student under sixteen years of age ordered to attend upon 3 instruction under confinement. If the court shall find the parent or 4 person in parental relation able to contribute towards the maintenance 5 of such a minor, it may issue an order fixing the amount to be paid 6 weekly. 7 [5.] 9. Involuntary transfers of [pupils] students who have not been 8 determined to be a student with a disability or a student presumed to 9 have a disability for discipline purposes. 10 a. The board of education, board of trustees [or sole trustee], other 11 governing body, the chancellor in the case of the city school district 12 of the city of New York, the superintendent of schools, or district 13 superintendent of schools may transfer a [pupil] student who has not 14 been determined to be a student with a disability as defined in section 15 forty-four hundred one of this chapter, or a student presumed to have a 16 disability for discipline purposes as defined in [paragraph g of] subdi- 17 vision [three] six of this section from regular classroom instruction to 18 an appropriate educational setting in another school upon the written 19 recommendation of the school principal and following independent review 20 thereof. For purposes of this section of the law, "involuntary transfer" 21 does not include a transfer made by a school district as part of a plan 22 to reduce racial imbalance within the schools or as a change in school 23 attendance zones or geographical boundaries. 24 b. A school principal may initiate a non-requested transfer where it 25 is believed that such a [pupil] student would benefit from the transfer 26 [, or] and when the [pupil] student would receive an adequate and appro- 27 priate education in another school program or facility. 28 No recommendation for [pupil] student transfer shall be initiated by 29 the principal until such [pupil] student and a parent or person in 30 parental relation has been sent written notification of the consider- 31 ation of transfer recommendation which shall include a description of 32 the facts and circumstances upon which the transfer is based and copies 33 of all relevant documentary evidence. Such notice shall set a time and 34 place of an informal conference with the principal and shall inform such 35 parent or person in parental relation and such [pupil] student of their 36 right to be accompanied by counsel or an individual of their choice. 37 c. After the conference and if the principal concludes that the 38 [pupil] student would benefit from a transfer [or] and that the [pupil] 39 student would receive an adequate and appropriate education in another 40 school program or facility, the principal may issue a recommendation of 41 transfer to the superintendent. Such recommendation shall include a 42 description of behavior and/or academic problems indicative of the need 43 for transfer; a description of alternatives explored and prior action 44 taken to resolve the problem. A copy of that letter shall be sent to the 45 parent or person in parental relation and to the [pupil] student. 46 d. Upon receipt of the principal's recommendation for transfer and a 47 determination to consider that recommendation, the superintendent shall 48 notify the parent or person in parental relation and the [pupil] student 49 of the proposed transfer and of their right to a fair hearing as 50 provided in paragraph c of subdivision [three] two of this section and 51 shall list community agencies and free legal assistance which may be of 52 assistance. The written notice shall include a statement that the 53 [pupil] student or parent or person in parental relation has ten days to 54 request a hearing and that the proposed transfer shall not take effect, 55 except upon written parental consent, until the ten day period hasS. 3036--A 20 1 elapsed, or, if a fair hearing is requested, until after a formal deci- 2 sion following the hearing is rendered, whichever is later. 3 Parental consent to a transfer shall not constitute a waiver of the 4 right to a fair hearing. 5 [6.] 10. Transfer of a [pupil] student. Where a suspended [pupil] 6 student is to be transferred pursuant to subdivision [five] nine of this 7 section, he or she shall remain on the register of the original school 8 for two school days following transmittal of his or her records to the 9 school to which he or she is to be transferred. The receiving school 10 shall immediately upon receiving those records transmitted by the 11 original school, review them to insure proper placement of the [pupil] 12 student. Staff members who are involved in the [pupil's] student's 13 education must be provided with pertinent records and information relat- 14 ing to the background and problems of the [pupil] student before the 15 [pupil] student is placed in a classroom. 16 [7.] 11. Transfer of disciplinary records. Notwithstanding any other 17 provision of law to the contrary, each local educational agency, as such 18 term is defined in subsection thirty of section eighty-one hundred one 19 of the Elementary and Secondary Education Act of 1965, as amended, shall 20 establish procedures in accordance with section eighty-five hundred 21 thirty-seven of the Elementary and Secondary Education Act of 1965, as 22 amended, and the Family Educational Rights and Privacy Act of 1974, to 23 facilitate the transfer of disciplinary records relating to the suspen- 24 sion [or expulsion] of a student to any public or nonpublic elementary 25 or secondary school in which such student enrolls or seeks, intends or 26 is instructed to enroll, on a full-time or part-time basis unless such 27 record has been expunged pursuant to section twenty-eight hundred one of 28 this chapter. 29 § 3-a. Section 305 of the education law is amended by adding three new 30 subdivisions 56, 57 and 58 to read as follows: 31 56. The commissioner shall provide technical assistance to school 32 districts, boards of cooperative educational services, and charter 33 schools about the development, implementation and evaluation of a school 34 district's or charter school's code of conduct including: 35 (a) one or more model codes of conduct, designed to reduce the use of 36 suspensions, that meet the requirements of sections twenty-eight hundred 37 one and thirty-two hundred fourteen of this chapter; 38 (b) best practices for age-appropriate, graduated and proportionate 39 discipline as set out in section twenty-eight hundred one of this chap- 40 ter; 41 (c) a matrix of student misconduct and the interventions and discipli- 42 nary measures that provide age-appropriate, graduated and proportionate 43 intervention designed to reduce reliance on suspensions and referrals to 44 law enforcement; 45 (d) guidelines for appropriate and school-wide implementation of 46 restorative practices; and 47 (e) forms necessary to implement student notification and due process 48 requirements of section twenty-eight hundred one and thirty-two hundred 49 fourteen of this chapter. 50 57. The commissioner shall, pursuant to an appropriation in the state 51 budget, provide funds to school districts for implementation of a 52 school's code of conduct including mandatory pre-service and in-service 53 training of school personnel about prevention, restorative practices and 54 other interventions and disciplinary measures to respond to student 55 misconduct as required by section twenty-eight hundred one of this chap- 56 ter.S. 3036--A 21 1 58. The commissioner shall be authorized to provide funds for training 2 school personnel included in section twenty-eight hundred one of this 3 chapter only to the extent that the state budget includes an appropri- 4 ation for such training. 5 § 4. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of 6 the education law, as amended by chapter 380 of the laws of 2001, is 7 amended to read as follows: 8 (1) [No pupil may be suspended for a period in excess of five school9days] Long term suspension. The board of education, board of trustees, 10 other governing body, the chancellor of the city school district in the 11 case of the city school district of the city of New York, superintendent 12 of schools or district superintendent of schools where the student 13 attends shall have the power to suspend for a period not to exceed twen- 14 ty school days any student who engages in behavior that results in seri- 15 ous physical injury to students, staff, or others or any student who is 16 in grades four through twelve, if a determination is made that the 17 student engaged in behavior that violated the code of conduct for which 18 long term suspension may be warranted. Such suspension shall not be 19 imposed unless such [pupil] student and the parent or person in parental 20 relation to such [pupil] student shall have had an opportunity for a 21 fair hearing[, upon reasonable]. Once a decision has been made to seek a 22 long term suspension, written notice shall be provided to the student 23 and the parent or person in parental relation to the student. Such writ- 24 ten notice, [at which such pupil] shall include a description of the 25 facts and circumstances upon which the alleged violations of the code of 26 conduct are based, the section of the code of conduct that the student 27 is charged to have violated, the disciplinary action that may be 28 warranted, the length of a possible suspension, copies of all evidence 29 regarding the alleged incident, and the date, time and place scheduled 30 for the hearing. Such hearing shall be convened within five days of the 31 written notice, unless the parent or person in parental relation or 32 student requests a later date. At the hearing, the student shall have 33 the right of representation by counsel, with the right to request the 34 presence of and question witnesses against such [pupil] student and to 35 request the presence of and present witnesses and other evidence on his 36 or her behalf. Where [a pupil has been suspended in accordance with this37subdivision by a superintendent of schools, district superintendent of38schools, or community superintendent, the superintendent shall39personally hear and determine the proceeding or may, in his discretion,40designate a hearing officer to conduct the hearing] the student is a 41 student with a disability or a student presumed to have a disability, 42 the provisions of subdivision six of this section shall also apply. 43 [The hearing officer] The board of education, board of trustees, other 44 governing body, the chancellor of the city school district in the case 45 of the city school district of the city of New York, superintendent of 46 schools or district superintendent shall conduct the hearing and issue a 47 decision, or may designate a hearing officer to do so. The entity or 48 individual that conducts the hearing shall be authorized to administer 49 oaths and to issue subpoenas in conjunction with the proceeding [before50him]. A record of the hearing shall be maintained, but no stenographic 51 transcript shall be required and [a tape] an audio recording shall be 52 deemed a satisfactory record. The entity or individual conducting the 53 hearing shall consider only the evidence presented at the hearing, 54 determine whether the charge has been established by a preponderance of 55 the evidence and may uphold, reduce or dismiss the proposed charge. The 56 [hearing officer] entity or individual conducting the hearing shall makeS. 3036--A 22 1 written findings of fact and [recommendations as to] shall decide the 2 appropriate measure of discipline [to the superintendent. The report of3the hearing officer shall be advisory only, and the superintendent may4accept all or any part thereof. An appeal will lie from the decision of5the superintendent to the board of education who shall make its decision6solely upon the record before it. The board may adopt in whole or in7part the decision of the superintendent of schools.], if any. The enti- 8 ty or individual conducting the hearing shall issue a written decision 9 to the school and the parent or person in parental relation to the 10 student within three days of the hearing. If the entity or individual 11 conducting the hearing determines that a suspension of six to twenty 12 days is warranted, the written decision shall state the length of the 13 suspension, findings of fact, reasons for the determination, procedures 14 for appeal, and the date by which the appeal shall be filed. Where the 15 basis for the suspension is, in whole or in part, the possession on 16 school grounds or school property by the student of any firearm, rifle, 17 shotgun, dagger, dangerous knife, dirk, razor, stiletto or any of the 18 weapons, instruments or appliances specified in subdivision one of 19 section 265.01 of the penal law, the hearing officer or superintendent 20 shall not be barred from considering the admissibility of such weapon, 21 instrument or appliance as evidence, notwithstanding a determination by 22 a court in a criminal or juvenile delinquency proceeding that the recov- 23 ery of such weapon, instrument or appliance was the result of an unlaw- 24 ful search or seizure. If suspension is imposed, the school district or 25 charter school shall establish an education plan for the student 26 consistent with the requirements in section twenty-eight hundred one of 27 this chapter, including academic and support services, and a plan for 28 the student's reinstatement to school. 29 § 5. Paragraphs d and f of subdivision 3 of section 3214 of the educa- 30 tion law, as amended by chapter 181 of the laws of 2000, are amended to 31 read as follows: 32 [d.] 3. a. Consistent with the federal gun-free schools act of nine- 33 teen hundred ninety-four, any public school [pupil] student who is 34 determined under [this] subdivision two of this section to have brought 35 a weapon to school shall be suspended for a period of not less than one 36 calendar year and any nonpublic school [pupil] student participating in 37 a program operated by a public school district using funds from the 38 elementary and secondary education act of nineteen hundred sixty-five 39 who is determined under [this] subdivision two of this section to have 40 brought a weapon to a public school or other premises used by the school 41 district to provide such programs shall be suspended for a period of not 42 less than one calendar year from participation in such program. The 43 procedures of this subdivision shall apply to such a suspension of a 44 nonpublic school [pupil] student. A superintendent of schools, district 45 superintendent of schools or community superintendent shall have the 46 authority to modify this suspension requirement for each student on a 47 case-by-case basis. The determination of a superintendent shall be 48 subject to review by the board of education, board of trustees, other 49 governing body or the chancellor of the city school district in the case 50 of the city school district of the city of New York, pursuant to para- 51 graph c of [this] subdivision two of this section and the commissioner 52 pursuant to section three hundred ten of this chapter. Nothing in this 53 subdivision shall be deemed to authorize the suspension of a student 54 with a disability in violation of the individuals with disabilities 55 education act or article eighty-nine of this chapter. A superintendent 56 shall refer the [pupil] student under the age of sixteen who has beenS. 3036--A 23 1 determined to have brought a weapon to school in violation of [this] 2 subdivision two of this section to a presentment agency for a juvenile 3 delinquency proceeding consistent with article three of the family court 4 act except a student fourteen or fifteen years of age who qualifies for 5 juvenile offender status under subdivision forty-two of section 1.20 of 6 the criminal procedure law. A superintendent shall refer any [pupil] 7 student sixteen years of age or older or a student fourteen or fifteen 8 years of age who qualifies for juvenile offender status under subdivi- 9 sion forty-two of section 1.20 of the criminal procedure law, who has 10 been determined to have brought a weapon to school in violation of 11 [this] subdivision two of this section to the appropriate law enforce- 12 ment officials. 13 b. Nothing in this paragraph shall be deemed to mandate such action by 14 a school district or charter school pursuant to subdivision two of this 15 section where such weapon or firearm is possessed or brought to school 16 with the written authorization of such educational institution in a 17 manner authorized by article two hundred sixty-five of the penal law for 18 activities approved and authorized by the board of trustees, board of 19 education, other governing body or the chancellor of the city school 20 district in the case of the city school district of the city of New York 21 and such governing body adopts appropriate safeguards to ensure student 22 safety. 23 c. As used in this paragraph: 24 (1) "firearm" shall mean a firearm as defined in subsection a of 25 section nine hundred twenty-one of title eighteen of the United States 26 Code; and 27 (2) "weapon" shall be as defined in paragraph 2 of subsection g of 28 section nine hundred thirty of title eighteen of the United States Code. 29 [f.] 5. Definition. Whenever the term "board of education, board of 30 trustees, other governing body, the chancellor of the city school 31 district in the case of the city school district of the city of New 32 York, or superintendent of schools" is used in this [subdivision] 33 section, it shall be deemed to include charter schools, community boards 34 of education and community superintendents governing community districts 35 in accordance with the provisions of article fifty-two-A of this chap- 36 ter. [For the purpose of this subdivision, the term "weapon" means a37firearm as such term is defined in section nine hundred twenty-one of38title eighteen of the United States code.] 39 § 6. Paragraph g of subdivision 3 of section 3214 of the education 40 law, as amended by chapter 181 of the laws of 2000, clause (ii) of 41 subparagraph 3 as amended by chapter 380 of the laws of 2001, is amended 42 to read as follows: 43 [g.] 6. Discipline of students with disabilities and students presumed 44 to have a disability for discipline purposes. [(1)] a. Notwithstanding 45 any other provision of this [subdivision] section to the contrary, a 46 student with a disability as such term is defined in section forty-four 47 hundred one of this chapter and a student presumed to have a disability 48 for discipline purposes, may be suspended or removed from his or her 49 current educational placement for violation of [school rules only] the 50 code of conduct in accordance with the procedures established in this 51 section, the regulations of the commissioner implementing this [para-52graph] section, and subsection (k) of section fourteen hundred fifteen 53 of title twenty of the United States code and the federal regulations 54 implementing such statute, as such federal law and regulations are from 55 time to time amended. Nothing in this [paragraph] section shall be 56 construed to confer greater rights on such students than are conferredS. 3036--A 24 1 under applicable federal law and regulations, or to limit the ability of 2 a school district to change the educational placement of a student with 3 a disability in accordance with the procedures in article eighty-nine of 4 this chapter. 5 [(2)] b. As used in this [paragraph;] subdivision: 6 (1) a "student presumed to have a disability for discipline purposes" 7 shall mean a student who the school district is deemed to have knowledge 8 was a student with a disability before the behavior that precipitated 9 disciplinary action under the criteria in subsection (k)(8) of section 10 fourteen hundred fifteen of title twenty of the United States code and 11 the federal regulations implementing such statute[.]; and 12 (2) a "manifestation team" means a representative of the school 13 district, the parent or person in parental relation, and relevant 14 members of the committee on special education, as determined by the 15 parent or person in parental relation and the district. 16 [(3)] c. In applying the federal law consistent with this section: 17 [(i)] (1) in the event of a conflict between the procedures estab- 18 lished in this section and those established in subsection (k) of 19 section fourteen hundred fifteen of title twenty of the United States 20 code and the federal regulations implementing such statute, such federal 21 statute and regulations shall govern. 22 [(ii)] (2) the board of trustees or board of education of any school 23 district, a district superintendent of schools or a building principal 24 shall have authority to order the placement of a student with a disabil- 25 ity into an appropriate interim alternative educational setting, another 26 setting or suspension for a period not to exceed five consecutive school 27 days where such student is suspended pursuant to this subdivision and, 28 except as otherwise provided in [clause (vi)] paragraph f of this 29 [subparagraph] subdivision, the suspension does not result in a change 30 in placement under federal law. 31 [(iii)] (3) the superintendent of schools of a school district, either 32 directly or upon recommendation of a hearing officer designated pursuant 33 to paragraph c of [this] subdivision two of this section, may order the 34 placement of a student with a disability into an interim alternative 35 educational setting, another setting or suspension for up to ten consec- 36 utive school days, inclusive of any period in which the student is 37 placed in an appropriate interim alternative educational placement, 38 another setting or suspension pursuant to clause [(ii)] two of this 39 subparagraph for the behavior, where the superintendent determines in 40 accordance with the procedures set forth in this subdivision that the 41 student has engaged in behavior that violates the code of conduct and 42 warrants a suspension, and, except as otherwise provided in [clause43(vi)] paragraph f of this [subparagraph] subdivision, the suspension 44 does not result in a change in placement under federal law. 45 [(iv)] d. 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 change in placement of a student with a disability to an interim alter- 49 native educational setting for up to forty-five days, but not to exceed 50 the period of suspension ordered by a superintendent in accordance with 51 this subdivision, under the circumstances specified in subsection (k)(1) 52 of section fourteen hundred fifteen of title twenty of the United States 53 code and the federal regulations implementing such statute. 54 [(v)] e. the terms "day," "business day," and "school day" shall be as 55 defined in section 300.9 of title thirty-four of the code of federal 56 regulations.S. 3036--A 25 1 [(vi)] f. notwithstanding any other provision of this subdivision to 2 the contrary, upon a determination by the committee on special education 3 that the behavior of a student with a disability was not a manifestation 4 of the student's disability, such student may be disciplined pursuant to 5 this section in the same manner as a nondisabled student, except that 6 such student shall continue to receive services to the extent required 7 under federal law and regulations. 8 [(vii)] g. an impartial hearing officer appointed pursuant to subdivi- 9 sion one of section forty-four hundred four of this chapter may order a 10 change in placement of a student with a disability to an appropriate 11 interim alternative educational setting for not more than forty-five 12 days under the circumstances specified in subsections (k)(2) and (k)(7) 13 of section fourteen hundred fifteen of title twenty of the United States 14 code and the federal regulations implementing such statutes, provided 15 that such procedure may be repeated, as necessary. 16 [(viii)] h. nothing in this section shall be construed to authorize 17 the suspension or removal of a student with a disability from his or her 18 current educational placement [for violation of school rules] following 19 a determination by the committee on special education that the behavior 20 is a manifestation of the student's disability, except as authorized 21 under federal law and regulations. 22 [(ix)] i. the commissioner shall implement this paragraph by adopting 23 regulations which coordinate the procedures required for discipline of 24 students with disabilities, and students presumed to have a disability 25 for discipline purposes, pursuant to subsection (k) of section fourteen 26 hundred fifteen of title twenty of the United States code and the feder- 27 al regulations implementing such statute, with the general procedures 28 for student discipline under this section. 29 § 7. Paragraphs a, b and c of subdivision 3-a of section 3214 of the 30 education law, as added by chapter 181 of the laws of 2000, are amended 31 to read as follows: 32 [a.] b. Such teacher shall inform the [pupil] student, the parent or 33 person in parental relation to the student and the school principal of 34 the reasons for the removal. [If the teacher finds that the pupil's35continued presence in the classroom does not pose a continuing danger to36persons or property and does not present an ongoing threat of disruption37to the academic process, the teacher shall, prior to removing the38student from the classroom, provide the student with an explanation of39the basis for the removal and allow the pupil to informally present the40pupil's version of relevant events. In all other cases, the teacher41shall provide the pupil with an explanation of the basis for the removal42and an informal opportunity to be heard within twenty-four hours of the43pupil's removal.44b.] c. The principal shall inform the parent or person in parental 45 relation to such [pupil] student of the removal and the reasons therefor 46 within twenty-four hours of the [pupil's] student's removal. The 47 [pupil] student and the parent or person in parental relation shall, 48 upon request, be given an opportunity for an informal conference with 49 the principal to discuss the reasons for the removal. [If the pupil50denies the charges, the] The principal shall provide an explanation of 51 the basis for the removal and allow the [pupil] student and/or parent or 52 person in parental relation to the [pupil] student an opportunity to 53 present the [pupil's] student's version of relevant events. Such 54 informal [hearing] conference shall be held within forty-eight hours of 55 the [pupil's] student's removal, provided that if such forty-eight hour 56 period does not end on a school day, it shall be extended to the corre-S. 3036--A 26 1 sponding time on the second school day next following the pupil's 2 student's removal. A parent or person in parental relation to the 3 student may request that the informal conference take place later than 4 forty-eight hours after the student's removal. For purposes of this 5 subdivision, "school day" shall mean a school day as defined pursuant to 6 paragraph e of subdivision six of this section. 7 [c.] d. The principal shall not set aside the discipline imposed by 8 the teacher unless the principal finds that the charges against the 9 [pupil] student are not supported by substantial evidence or that the 10 [pupil's] student's removal is otherwise in violation of law or that the 11 conduct warrants suspension from school pursuant to this section and a 12 suspension will be imposed. The principal's determination made pursuant 13 to this paragraph shall be made by the close of business on the day 14 succeeding the forty-eight hour period for an informal [hearing] confer- 15 ence contained in paragraph [b] c of this subdivision. 16 § 8. Clause (j) of subparagraph 3 of paragraph b of subdivision 1 of 17 section 4402 of the education law, as added by chapter 311 of the laws 18 of 1999, is amended to read as follows: 19 (j) In accordance with the regulations of the commissioner and 20 subsection (k) of section fourteen hundred fifteen of title twenty of 21 the United States code and the implementing federal regulations, to 22 conduct a review to determine whether behavior of a student with a disa- 23 bility which violates the applicable school rules or code of conduct and 24 results in a change in placement under federal law, including but not 25 limited to placement in an interim alternative educational setting 26 pursuant to [clause (iv) or (vii) of subparagraph three of paragraph g] 27 paragraphs d or g of subdivision [three] six of section thirty-two 28 hundred fourteen of this chapter, was a manifestation of the student's 29 disability, provided that other qualified school district personnel may 30 participate in such review. 31 § 9. Paragraph b of subdivision 4 of section 4404 of the education 32 law, as amended by chapter 378 of the laws of 2007, is amended to read 33 as follows: 34 b. For students with disabilities placed in an interim alternative 35 educational setting pursuant to [clause (iv) or (vii) of subparagraph36three of paragraph g] paragraphs d or g of subdivision [three] six of 37 section thirty-two hundred fourteen of this chapter, during the pendency 38 of proceedings conducted pursuant to this section in which the parents 39 or persons in parental relation challenge the interim alternative educa- 40 tional setting or a manifestation determination, the student shall 41 remain in the interim alternative educational setting pending the deci- 42 sion of the impartial hearing officer or until expiration of the time 43 period of the student's placement in an interim alternative educational 44 setting, whichever comes first, unless the local school district and the 45 parents or persons in parental relation otherwise agree. After the expi- 46 ration of such placement in an interim alternative educational setting, 47 if the school district proposes to change the student's placement, 48 during the pendency of any proceedings to challenge the proposed change 49 in placement, the student shall return to and remain in the current 50 educational placement, which shall be the student's placement prior to 51 the interim alternative educational setting, unless the local school 52 district and the parents or persons in parental relation otherwise agree 53 or unless as a result of a decision by an impartial hearing officer in 54 an expedited hearing, the interim alternative educational setting is 55 extended for a period not to exceed forty-five school days based on a 56 determination that maintaining the current educational placement of theS. 3036--A 27 1 student is substantially likely to result in injury to the student or to 2 others. Such procedure for extension of an interim alternative educa- 3 tional setting may be repeated as necessary. 4 § 10. Paragraph b of subdivision 4 of section 4404 of the education 5 law, as amended by chapter 311 of the laws of 1999, is amended to read 6 as follows: 7 b. For students with disabilities placed in an interim alternative 8 educational setting pursuant to [clause (iv) or (vii) of subparagraph9three of paragraph g] paragraphs d or g of subdivision [three] six of 10 section thirty-two hundred fourteen of this chapter, during the pendency 11 of proceedings conducted pursuant to this section in which the parents 12 or persons in parental relationship challenge the interim alternative 13 educational setting or a manifestation determination, the student shall 14 remain in the interim alternative educational setting pending the deci- 15 sion of the hearing officer or until expiration of the time period of 16 the student's interim alternative placement, whichever comes first, 17 unless the local school district and the parents or persons in parental 18 relationship otherwise agree. After the expiration of such interim 19 alternative educational placement, if the school district proposes to 20 change the student's placement, during the pendency of any proceedings 21 to challenge the proposed change in placement, the student shall return 22 to and remain in the current educational placement, which shall be the 23 student's placement prior to the interim alternative educational 24 setting, unless the local school district and the parents or persons in 25 parental relationship otherwise agree or unless as a result of a deci- 26 sion by an impartial hearing officer in an expedited hearing, the inter- 27 im alternative educational setting is extended or another appropriate 28 placement is ordered for a period not to exceed forty-five days based on 29 a determination that maintaining the current educational placement of 30 the student is substantially likely to result in injury to the student 31 or to others. Such procedure for extension of an interim alternative 32 educational setting may be repeated as necessary. 33 § 11. This act shall take effect immediately; provided, however that: 34 a. the amendments to subdivision 3 of section 2801 of the education 35 law made by section one of this act shall be subject to the expiration 36 and reversion of such subdivision pursuant to section 34 of chapter 91 37 of the laws of 2002, as amended, when upon such date the provisions of 38 section two of this act shall take effect; 39 b. the amendments to subparagraph 1 of paragraph c of subdivision 3 of 40 section 3214 of the education law made by section three of this act 41 shall be subject to the expiration and reversion of such subparagraph 42 pursuant to subdivision (a) of section 8 of chapter 430 of the laws of 43 2006, as amended, when upon such date the provisions of section four of 44 this act shall take effect; 45 c. the amendments to paragraphs d and f of subdivision 3 of section 46 3214 of the education law made by section three of this act shall be 47 subject to the expiration and reversion of such paragraphs pursuant to 48 section 4 of chapter 425 of the laws of 2002, as amended, when upon such 49 date the provisions of section five of this act shall take effect; 50 d. the amendments to paragraph g of subdivision 3 of section 3214 of 51 the education law made by section three of this act shall be subject to 52 the expiration and reversion of such paragraph pursuant to section 22 of 53 chapter 352 of the laws of 2005, as amended, and shall be subject to the 54 expiration and reversion of clause (v) of subparagraph 3 of such para- 55 graph pursuant to subdivision d of section 27 of chapter 378 of the lawsS. 3036--A 28 1 of 2007, as amended, when upon such date the provisions of section six 2 of this act shall take effect; 3 e. the amendments to paragraphs a, b and c of subdivision 3-a of 4 section 3214 of the education law made by section three of this act 5 shall be subject to the expiration and reversion of such paragraphs 6 pursuant to section 12 of chapter 147 of the laws of 2001, as amended, 7 when upon such date the provisions of section seven of this act shall 8 take effect; 9 f. the amendments to subdivision 7 of section 3214 of the education 10 law, made by section three of this act, shall not affect the repeal of 11 such subdivision and shall be deemed repealed therewith; 12 g. the amendments to clause (j) of subparagraph 3 of paragraph b of 13 subdivision 1 of section 4402 of the education law made by section eight 14 of this act shall take effect on the same date as the reversion of 15 clause (j) of subparagraph 3 of paragraph b of subdivision 1 of section 16 4402 of the education law as provided in section 22 of chapter 352 of 17 the laws of 2005, as amended and section 27 of chapter 378 of the laws 18 of 2007, as amended; and 19 h. the amendments to paragraph b of subdivision 4 of section 4404 of 20 the education law made by section nine of this act shall be subject to 21 the expiration and reversion of such paragraph pursuant to section 22 of 22 chapter 352 of the laws of 2005, as amended, and subdivision d of 23 section 27 of chapter 378 of the laws of 2007, as amended, when upon 24 such date the provisions of section ten of this act shall take effect.
