S T A T E O F N E W Y O R K
________________________________________________________________________
9961--A
I N A S S E M B L Y
April 27, 2012
___________
Introduced by M. of A. WEISENBERG, P. RIVERA, ABINANTI, CASTRO, MILLMAN,
GRAF, TITUS, JAFFEE, COLTON, BOYLAND, ROBINSON, COOK, ROBERTS, WEPRIN,
BARRETT, ROSENTHAL -- Multi-Sponsored by -- M. of A. CERETTO, CLARK,
CROUCH, HOOPER, MARKEY, McDONOUGH, McENENY, McLAUGHLIN,
PEOPLES-STOKES, PERRY, RAIA -- read once and referred 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 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, THE PERSON IN PARENTAL RELATION TO SUCH PUPIL SHALL BE
PROVIDED WITH AN INFORMATIONAL DOCUMENT BY THE SCHOOL DISTRICT. THIS
DOCUMENT SHALL CONTAIN THE NAME AND CONTACT INFORMATION FOR THE CHAIR-
PERSON OF THE SCHOOL DISTRICT'S COMMITTEE ON SPECIAL EDUCATION OR OTHER
INDIVIDUAL WHO IS CHARGED WITH PROCESSING REFERRALS TO THE COMMITTEE IN
THE DISTRICT. IT SHALL ALSO CONTAIN THE MANNER IN WHICH THE PERSON IN
PARENTAL RELATION TO SUCH PUPIL BELIEVES THE STUDENT'S BEHAVIOR IS THE
MANIFESTATION OF A DISABILITY. Where the pupil is a student with a disa-
bility 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 superinten-
dent, the superintendent shall personally hear and determine the
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15313-05-2
A. 9961--A 2
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 proceed-
ing 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 satisfactory record. The hearing officer shall make find-
ings of fact and recommendations as to the appropriate measure of disci-
pline to the superintendent. The report of the hearing officer shall be
advisory only, and the superintendent may accept all or any part there-
of. 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
superintendent 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 proceeding 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, THE PERSON IN PARENTAL RELATION TO SUCH PUPIL SHALL BE PROVIDED
WITH AN INFORMATIONAL DOCUMENT BY THE SCHOOL DISTRICT. THIS DOCUMENT
SHALL CONTAIN 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. IT SHALL ALSO CONTAIN THE MANNER IN WHICH THE PERSON IN
PARENTAL RELATION TO SUCH PUPIL BELIEVES THE STUDENT'S BEHAVIOR IS THE
MANIFESTATION OF A DISABILITY. 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 hear-
ing. 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 advisory only, and the super-
intendent 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 superintendent 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,
A. 9961--A 3
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 proceeding that the recov-
ery of such weapon, instrument or appliance was the result of an unlaw-
ful 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.