senate Bill S7225

Amended

Relates to certain information to be provided prior to hearings held for certain pupils being suspended from school

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 02 / May / 2012
    • REFERRED TO EDUCATION
  • 18 / Jun / 2012
    • AMEND (T) AND RECOMMIT TO EDUCATION
  • 18 / Jun / 2012
    • PRINT NUMBER 7225A

Summary

Relates to certain information about special education upon entry to school.

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Bill Details

Versions:
S7225
S7225A
Legislative Cycle:
2011-2012
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd ยง3214, Ed L

Sponsor Memo

BILL NUMBER:S7225

TITLE OF BILL:
An act
to amend the education law, in relation to certain information to be
provided prior to hearings held for certain pupils being suspended from
school

PURPOSE OR GENERAL IDEA OF BILL:
When a student is being suspended
from school for more than five days, a fair hearing must be offered.
This bill requires that prior to attending the hearing, the parent or
guardian of the student must be provided with information
concerning the Committee on Special Education (CSE) referral process.

SUMMARY OF SPECIFIC PROVISIONS:
Subparagraph 1 of paragraph c of
subdivision 3 of section 3214 of the Education Law, as amended by
Chapter 430 of the Laws of 2006 is amended.

JUSTIFICATION:
Under current law, when a student is suspended from
school for more than five days, a fair hearing must be offered to
allow the student opportunity to have counsel, question witnesses and
to present witnesses and other evidence on his or her behalf. This
legislation requires that the school district provide the parents or
guardian of the student with information concerning the CSE referral
process prior to the hearing.

For safety reasons, it is widely recognized that serious violations of
a school district code of conduct must be dealt with in a timely
manner and be consistent in implementation. It is not the intent of
this bill to interfere with that process. However, repeated
behavioral infractions can sometimes be the manifestation of a mental
illness or other disabling condition. The bill requires that parents
be provided with information on how to access school services (such
as a psychological evaluation) when a student is facing a long term
suspension.

In instances where a disability exists and has gone undiagnosed,
repeated removal from school often exacerbates the condition and does
not address the need to prevent further infractions.

Providing the parents with information on where to seek school
related services at this juncture will offer an alternative approach
that may be warranted if the student has an undiagnosed disability.

Under the provisions of this bill, the information to be provided to
parents would include the name and contact information for the
Chairperson of the school district's Committee on Special Education
or another individual who is already charged with processing referrals
to the committee, and the manner in which a parent may refer their
child.

PRIOR LEGISLATIVE HISTORY:
New bill.


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect July 1, 2013.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7225

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education law, in relation to certain information to
  be provided prior to hearings held for certain pupils being  suspended
  from school

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraph 1 of paragraph c of subdivision 3  of  section
3214  of  the  education  law,  as amended by chapter 430 of the laws of
2006, is amended to read as follows:
  (1) No pupil may be suspended for a period in excess  of  five  school
days unless such pupil and the person in parental relation to such pupil
shall  have  had  an  opportunity  for  a  fair hearing, upon reasonable
notice, at which such pupil shall have the right  of  representation  by
counsel,  with the right to question witnesses against such pupil and to
present witnesses and other evidence on his or her  behalf.    PRIOR  TO
SUCH  HEARING,  SUCH  PUPIL AND SUCH PERSON IN PARENTAL RELATION TO SUCH
PUPIL SHALL BE PROVIDED WITH AN INFORMATIONAL  DOCUMENT  BY  THE  SCHOOL
DISTRICT  WITH  THE  NAME AND CONTACT INFORMATION FOR THE CHAIRPERSON OF
THE SCHOOL DISTRICT'S COMMITTEE ON SPECIAL EDUCATION OR OTHER INDIVIDUAL
WHO IS CHARGED  WITH  PROCESSING  REFERRALS  TO  THE  COMMITTEE  IN  THE
DISTRICT,  AND  THE  MANNER  IN WHICH A PARENT MAY REFER THEIR CHILD FOR
EVALUATION IF THEY BELIEVE THE STUDENT'S BEHAVIOR IS  THE  MANIFESTATION
OF  A  DISABILITY.  Where  the pupil is a student with a disability or a
student presumed to have a disability, the provisions of paragraph g  of
this  subdivision  shall also apply. Where a pupil has been suspended in
accordance with  this  subparagraph  by  a  superintendent  of  schools,
district  superintendent  of  schools,  or community superintendent, the
superintendent shall personally hear and  determine  the  proceeding  or
may,  in  his  or her discretion, designate a hearing officer to conduct
the hearing. The hearing officer shall be authorized to administer oaths
and to issue subpoenas in conjunction with the proceeding before him  or
her.  A  record  of the hearing shall be maintained, but no stenographic
transcript shall be required and a tape  recording  shall  be  deemed  a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15313-04-2

S. 7225                             2

satisfactory  record.    The hearing officer shall make findings of fact
and recommendations as to the appropriate measure of discipline  to  the
superintendent.  The  report  of  the  hearing officer shall be advisory
only,  and  the  superintendent  may  accept all or any part thereof. An
appeal will lie from the decision of the superintendent to the board  of
education  who shall make its decision solely upon the record before it.
The board may adopt in whole or in part the decision of the  superinten-
dent  of schools.  Where the basis for the suspension is, in whole or in
part, the possession on school grounds or school property by the student
of any firearm, rifle, shotgun, dagger, dangerous  knife,  dirk,  razor,
stiletto  or  any of the weapons, instruments or appliances specified in
subdivision one of section 265.01 of the penal law, the hearing  officer
or superintendent shall not be barred from considering the admissibility
of  such  weapon, instrument or appliance as evidence, notwithstanding a
determination by a court in a criminal or juvenile delinquency  proceed-
ing  that  the  recovery of such weapon, instrument or appliance was the
result of an unlawful search or seizure.
  S 2. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of
the education law, as amended by chapter 380 of the  laws  of  2001,  is
amended to read as follows:
  (1)  No  pupil  may be suspended for a period in excess of five school
days unless such pupil and the person in parental relation to such pupil
shall have had an  opportunity  for  a  fair  hearing,  upon  reasonable
notice,  at  which  such pupil shall have the right of representation by
counsel, with the right to question witnesses against such pupil and  to
present witnesses and other evidence on his behalf.  PRIOR TO SUCH HEAR-
ING, SUCH PUPIL AND SUCH PERSON IN PARENTAL RELATION TO SUCH PUPIL SHALL
BE  PROVIDED  WITH AN INFORMATIONAL DOCUMENT BY THE SCHOOL DISTRICT WITH
THE NAME AND CONTACT INFORMATION  FOR  THE  CHAIRPERSON  OF  THE  SCHOOL
DISTRICT'S  COMMITTEE  ON  SPECIAL  EDUCATION OR OTHER INDIVIDUAL WHO IS
CHARGED WITH PROCESSING REFERRALS TO THE COMMITTEE IN THE DISTRICT,  AND
THE  MANNER  IN  WHICH  A PARENT MAY REFER THEIR CHILD FOR EVALUATION IF
THEY BELIEVE THE STUDENT'S BEHAVIOR IS THE MANIFESTATION OF A  DISABILI-
TY. Where a pupil has been suspended in accordance with this subdivision
by  a  superintendent of schools, district superintendent of schools, or
community superintendent, the superintendent shall personally  hear  and
determine  the proceeding or may, in his discretion, designate a hearing
officer to conduct the hearing. The hearing officer shall be  authorized
to  administer  oaths  and  to  issue  subpoenas in conjunction with the
proceeding before him. A record of the hearing shall be maintained,  but
no  stenographic transcript shall be required and a tape recording shall
be deemed a satisfactory record. The hearing officer shall make findings
of fact and recommendations as to the appropriate measure of  discipline
to  the superintendent. The report of the hearing officer shall be advi-
sory only, and the superintendent may accept all or any part thereof. An
appeal will lie from the decision of the superintendent to the board  of
education  who shall make its decision solely upon the record before it.
The board may adopt in whole or in part the decision of the  superinten-
dent  of  schools. Where the basis for the suspension is, in whole or in
part, the possession on school grounds or school property by the student
of any firearm, rifle, shotgun, dagger, dangerous  knife,  dirk,  razor,
stiletto  or  any of the weapons, instruments or appliances specified in
subdivision one of section 265.01 of the penal law, the hearing  officer
or superintendent shall not be barred from considering the admissibility
of  such  weapon, instrument or appliance as evidence, notwithstanding a
determination by a court in a criminal or juvenile delinquency  proceed-

S. 7225                             3

ing  that  the  recovery of such weapon, instrument or appliance was the
result of an unlawful search or seizure.
  S  3. This act shall take effect July 1, 2013; provided, however, that
the amendments to subparagraph 1 of paragraph  c  of  subdivision  3  of
section  3214 of the education law made by section one of this act shall
be subject to the expiration and reversion of such subparagraph pursuant
to subdivision (a) of section 8 of chapter 430 of the laws of  2006,  as
amended,  when  upon such date the provisions of section two of this act
shall take effect. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary  for  the  implementation  of
this  act  on  its  effective date is authorized to be made on or before
such date.

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