The New York State Senate

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

                                 3036--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            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:

  Section  1. Section 2801 of the education law, as added by chapter 181
of the laws of 2000, subdivision 1 as amended by chapter 402 of the laws
of 2005, the opening paragraph, paragraph a and paragraph c of  subdivi-
sion 2 and paragraph a of subdivision 5 as amended by chapter 380 of the
laws  of 2001, paragraphs l and m as amended and paragraph n of subdivi-
sion 2 as added by chapter 482 of the laws of 2010, and subdivision 3 as
amended by chapter 123 of the laws  of  2003,  is  amended  to  read  as
follows:
  §  2801. [Codes] SCHOOL CLIMATE AND CODES of conduct on school proper-
ty. 1.  A. THE BOARD OF EDUCATION OR BOARD OF TRUSTEES OF  EVERY  SCHOOL
DISTRICT  OR  THE  CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE OF
THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK,  AND  EVERY  BOARD  OF
COOPERATIVE  EDUCATIONAL  SERVICES  AND CHARTER SCHOOL SHALL PROMOTE AND
SUSTAIN A SAFE, INCLUSIVE, CIVIL, AND RESPECTFUL SCHOOL ENVIRONMENT  FOR
SCHOOL  PERSONNEL,  STUDENTS,  AND  VISITORS  ON  SCHOOL PROPERTY AND AT
SCHOOL FUNCTIONS THROUGH PREVENTION, INTERVENTION, AND  DISCIPLINE  THAT
SUPPORTS  EDUCATION  AND  LEARNING; PROMOTES POSITIVE BEHAVIORS; REDUCES
THE DISPARATE IMPACT OF DISCIPLINE; HOLDS STUDENTS ACCOUNTABLE FOR THEIR
BEHAVIOR; AND KEEPS STUDENTS IN SCHOOL AND CLASS.
  B. (1) EVERY SCHOOL SHALL ESTABLISH PREVENTION PROGRAMS  AND  SERVICES
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.

                                                           LBD07973-03-7

S. 3036--A                          2

THAT PROMOTE A SAFE AND SECURE ENVIRONMENT FOR  ALL  PERSONS  ON  SCHOOL
PROPERTY  OR  AT SCHOOL FUNCTIONS, AND RESTORATIVE PRACTICES DESIGNED TO
PROMOTE  SOCIAL  AND  EMOTIONAL  LEARNING,  RESOLVE  STUDENT  BEHAVIORAL
ISSUES, AND KEEP STUDENTS IN SCHOOL AND IN CLASS.
  (2)  EVERY  SCHOOL  SHALL  USE  INTERVENTIONS AND SUPPORTS THAT ASSIST
STUDENTS IN DEVELOPING SOCIAL AND EMOTIONAL COMPETENCIES SUCH  AS  SELF-
MANAGEMENT, SELF-AWARENESS, RESPONSIBLE DECISION-MAKING, CONFLICT RESOL-
UTION, AND REFOCUSING ON LEARNING.
  (3)  EVERY  SCHOOL  SHALL  HAVE,  AND SUPPORT TEACHERS IN MAINTAINING,
CLASSROOMS AND CLASSROOM PRACTICES THAT SUPPORT EACH STUDENT'S  OPPORTU-
NITY TO OBTAIN AN EDUCATION, THAT DEVELOP EACH STUDENT'S SOCIAL-EMOTION-
AL SKILLS, AND THAT ARE HEALTHY, SAFE, AND INCLUSIVE.
  (4)  EVERY  SCHOOL  SHALL  ENSURE  PRE-SERVICE  AND ANNUAL TRAINING IN
ACCORDANCE WITH THIS SECTION FOR ALL SCHOOL PERSONNEL,  LAW  ENFORCEMENT
AND   PUBLIC   OR  PRIVATE  SECURITY  PERSONNEL  EMPLOYED,  RETAINED  OR
CONTRACTED WITH A SCHOOL DISTRICT OR CHARTER SCHOOL REGARDING  THE  CODE
OF  CONDUCT, AND THE USE OF INTERVENTIONS, POSITIVE SCHOOL CLIMATE PRAC-
TICES, GRADUATED AND  PROPORTIONATE  DISCIPLINE,  AND  DISPARITIES  THAT
EXIST IN DISCIPLINE.
  (5) EVERY SCHOOL SHALL DEFINE THE ROLES AND AREAS OF RESPONSIBILITY OF
SCHOOL  PERSONNEL, SECURITY PERSONNEL AND LAW ENFORCEMENT IN RESPONSE TO
STUDENT MISCONDUCT THAT VIOLATES THE CODE OF CONDUCT. A SCHOOL  DISTRICT
OR CHARTER SCHOOL THAT EMPLOYS, CONTRACTS WITH, OR OTHERWISE RETAINS LAW
ENFORCEMENT  OR  PUBLIC  OR PRIVATE SECURITY PERSONNEL, INCLUDING SCHOOL
RESOURCE OFFICERS, SHALL ESTABLISH A WRITTEN CONTRACT OR  MEMORANDUM  OF
UNDERSTANDING THAT IS DEVELOPED WITH STAKEHOLDER INPUT INCLUDING BUT NOT
LIMITED  TO: PARENTS, STUDENTS, SCHOOL ADMINISTRATORS, TEACHERS, COLLEC-
TIVE BARGAINING  UNITS,  PARENT  AND  STUDENT  ORGANIZATIONS,  COMMUNITY
MEMBERS,  AS  WELL  AS PROBATION OFFICERS, PROSECUTORS, DEFENSE COUNSELS
AND COURTS THAT  ARE  FAMILIAR  WITH  SCHOOL  DISCIPLINE.  SUCH  WRITTEN
CONTRACT  OR  MEMORANDUM  OF UNDERSTANDING SHALL DEFINE THE RELATIONSHIP
BETWEEN A SCHOOL DISTRICT OR CHARTER SCHOOL, SCHOOL PERSONNEL, STUDENTS,
VISITORS, LAW ENFORCEMENT, AND PUBLIC  OR  PRIVATE  SECURITY  PERSONNEL.
SUCH  CONTRACT  OR  MEMORANDUM OF UNDERSTANDING SHALL BE CONSISTENT WITH
THE CODE OF CONDUCT,  LIMIT  LAW  ENFORCEMENT  OR  SECURITY  PERSONNEL'S
INVOLVEMENT  WHEN  A  STUDENT'S BEHAVIOR DOES NOT THREATEN THE SAFETY OF
THE SCHOOL, DEFINE WHICH BEHAVIORS SHOULD NOT RESULT  IN  AN  ARREST  OR
SUMMONS, REQUIRE LAW ENFORCEMENT OR SECURITY PERSONNEL TO RECEIVE TRAIN-
ING  AS  REQUIRED  BY SUBPARAGRAPH FOUR OF THIS SUBDIVISION, AND CLEARLY
DELEGATE THE ROLE OF SCHOOL DISCIPLINE  TO  THE  SCHOOL  ADMINISTRATION.
SUCH  WRITTEN  CONTRACT OR MEMORANDUM OF UNDERSTANDING SHALL BE INCORPO-
RATED INTO AND PUBLISHED AS PART OF THE CODE OF CONDUCT.
  C. EVERY SCHOOL SHALL  USE  GRADUATED  AND  PROPORTIONATE  DISCIPLINE,
WHICH  SHALL MEAN A DISCIPLINARY APPROACH THAT REQUIRES SCHOOL PERSONNEL
TO USE THE LEAST SEVERE ACTION NECESSARY  TO  RESPOND  TO  INAPPROPRIATE
BEHAVIOR  AND  REQUIRES  THE  USE OF APPROPRIATE PREVENTION PROGRAMS AND
INTERVENTIONS PRIOR TO AND IN CONJUNCTION WITH THE USE OF ANY DISCIPLINE
THAT PREVENTS STUDENTS  FROM  RECEIVING  THEIR  IN-CLASSROOM  EDUCATION.
DISCIPLINE  SUCH  AS  REMOVALS,  SUSPENSIONS AND EXPULSIONS THAT PREVENT
STUDENTS FROM RECEIVING THEIR IN-CLASSROOM EDUCATION SHALL BE USED AS  A
DISCIPLINE  OF  LAST  RESORT AND MAY ONLY BE IMPOSED AS PROVIDED IN THIS
SECTION AND SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER.
  D. (1) RESTORATIVE APPROACHES TO SCHOOL CLIMATE AND DISCIPLINE INCLUDE
THE USE OF RESTORATIVE PRACTICES IN CLASSROOMS AND SCHOOLS TO PROACTIVE-
LY BUILD A SCHOOL COMMUNITY BASED UPON COOPERATION,  MUTUAL  UNDERSTAND-
ING,  ACCEPTANCE OF RESPONSIBILITY, TRUST AND RESPECT. RESTORATIVE PRAC-

S. 3036--A                          3

TICES MAY ADDRESS  MISBEHAVIOR  AND  HARM  IN  A  WAY  THAT  STRENGTHENS
RELATIONSHIPS  BETWEEN  SCHOOL STAFF AND STUDENTS AND AMONG STUDENTS AND
ADDRESSES THE ROOT CAUSES OF DISCIPLINE PROBLEMS.
  (2)  RESTORATIVE  DISCIPLINE ALLOWS STUDENTS WHO MAY HAVE VIOLATED THE
CODE OF CONDUCT TO  TAKE  FULL  RESPONSIBILITY  FOR  THEIR  BEHAVIOR  BY
ADDRESSING ANY INDIVIDUALS AFFECTED BY THE BEHAVIOR. THE PURPOSE OF SUCH
DISCIPLINE  IS  TO  HELP  STUDENTS UNDERSTAND WHY A SPECIFIC BEHAVIOR IS
WRONG AND TO HELP THEM CHOOSE A BETTER BEHAVIOR IN THE FUTURE.  RESTORA-
TIVE  PRACTICES  AND  DISCIPLINE MAY INCLUDE CLASS MEETINGS, FACILITATED
CIRCLES, CONFERENCES, PEER MEDIATION AND OTHER RESTORATIVE INTERVENTIONS
THAT CAN EFFECTIVELY ADDRESS STUDENT MISCONDUCT, HOLD STUDENTS  ACCOUNT-
ABLE  FOR  THEIR BEHAVIOR, REPAIR HARM TO PERSONS AND PROPERTY CAUSED BY
MISCONDUCT AND FOSTER HEALTHY RELATIONSHIPS WITHIN THE SCHOOL COMMUNITY.
CONSISTENT WITH THIS SECTION AND SECTION THIRTY-TWO HUNDRED FOURTEEN  OF
THIS CHAPTER, SCHOOL PERSONNEL MAY USE RESTORATIVE DISCIPLINE TO RESPOND
TO STUDENT BEHAVIOR.
  (3) NO STUDENT SHALL BE REQUIRED TO PARTICIPATE IN A RESTORATIVE PRAC-
TICE  WITHOUT  THEIR  CONSENT.  IN  ADDITION, IN THE CASE OF AN INCIDENT
WHERE A STUDENT  HAS  BEEN  PHYSICALLY  INJURED,  NO  STUDENT  SHALL  BE
REQUIRED  TO  PARTICIPATE  IN  RESTORATIVE  PRACTICES IF THEIR PARENT OR
PERSON IN PARENTAL RELATION AFFIRMATIVELY  OBJECTS  UPON  NOTICE.  IF  A
STUDENT CHOOSES NOT TO PARTICIPATE IN A RESTORATIVE PRACTICE, THE SCHOOL
MAY USE OTHER APPROACHES TO RESPOND TO A CODE OF CONDUCT VIOLATION.
  2.  For purposes of this section, school property [means in or within]
SHALL MEAN REAL, PERSONAL OR OTHER PROPERTY OWNED, LEASED OR OCCUPIED BY
A PUBLIC SCHOOL INCLUDING A CHARTER SCHOOL. SUCH PROPERTY SHALL  INCLUDE
BUT  NOT  BE LIMITED TO any building, structure, athletic playing field,
playground, parking lot or land contained within the real property boun-
dary line of a public elementary or secondary school;  or  in  or  on  a
school  bus,  as defined in section one hundred forty-two of the vehicle
and traffic law; OR ELECTRONIC FILES AND DATABASES and a school function
shall mean  a  school-sponsored  or  school-authorized  extra-curricular
event  or  activity  regardless  of where OR WHEN such event or activity
takes place, including any event or activity  that  may  take  place  in
another state.
  [2.]  3. The board of education or [the trustees] BOARD OF TRUSTEES OF
EVERY SCHOOL DISTRICT OR THE CHANCELLOR OF THE CITY SCHOOL  DISTRICT  IN
THE  CASE  OF  THE  CITY  SCHOOL  DISTRICT  OF THE CITY OF NEW YORK, [as
defined in section two of this chapter, of every school district  within
the  state, however created,] and every board of cooperative educational
services and [county vocational extension board] CHARTER  SCHOOL,  shall
adopt  and amend, as appropriate, a code of conduct [for the maintenance
of order on school property, including a school  function,  which  shall
govern  the  conduct of students, teachers and other school personnel as
well as visitors] WHICH SHALL GOVERN THE  CONDUCT  OF  STUDENTS,  SCHOOL
EMPLOYEES  AND  VISITORS  IN  ORDER  TO  PROMOTE  A SAFE, RESPECTFUL AND
SUPPORTIVE LEARNING AND TEACHING ENVIRONMENT ON SCHOOL PROPERTY  AND  AT
SCHOOL  FUNCTIONS  and  shall provide for the enforcement thereof. [Such
policy may be adopted by the school board  or  trustees  only  after  at
least  one  public hearing that provides for the participation of school
personnel, parents, students and any  other  interested  parties.]  Such
code  of  conduct  shall APPLY TO ALL STUDENTS, SCHOOL EMPLOYEES, SCHOOL
BOARD MEMBERS, INDEPENDENT CONTRACTORS AND VISITORS AND  SHALL  include,
at a minimum PROVISIONS THAT:
  a.  [provisions regarding conduct, dress and language deemed appropri-
ate and acceptable on school property, including a school function,  and

S. 3036--A                          4

conduct,  dress  and  language  deemed unacceptable and inappropriate on
school property, including a school function, and  provisions  regarding
acceptable  civil  and respectful treatment of teachers, school adminis-
trators, other school personnel, students and visitors on school proper-
ty,  including  a  school  function,  including the appropriate range of
disciplinary measures which may be imposed for violation of  such  code,
and  the  roles of teachers, administrators, other school personnel, the
board of education and parents;
  b. standards and procedures to assure security and safety of  students
and school personnel;
  c. provisions for the removal from the classroom and from school prop-
erty,  including  a  school  function, of students and other persons who
violate the code;
  d. disciplinary measures  to  be  taken  in  incidents  involving  the
possession  or use of illegal substances or weapons, the use of physical
force, vandalism,  violation  of  another  student's  civil  rights  and
threats of violence;
  e. provisions for detention, suspension and removal from the classroom
of students, consistent with section thirty-two hundred fourteen of this
chapter  and  other  applicable  federal, state and local laws including
provisions for the school authorities to establish policies  and  proce-
dures  to  ensure the provision of continued educational programming and
activities for students removed from the classroom, placed in detention,
or suspended from school;
  f. procedures by which violations are reported, determined, discipline
measures imposed and discipline measures carried out;
  g. provisions ensuring] ESTABLISH STANDARDS AND PROCEDURES  TO  ASSURE
SECURITY AND SAFETY OF STUDENTS AND SCHOOL PERSONNEL;
  B.  REQUIRE AGE-APPROPRIATE, GRADUATED AND PROPORTIONATE INTERVENTIONS
AND  DISCIPLINE,  INCLUDING  RESTORATIVE  DISCIPLINE,  THAT  RESPOND  TO
STUDENT  MISCONDUCT,  HOLD  STUDENTS  ACCOUNTABLE FOR THEIR BEHAVIOR AND
MAXIMIZE THE ABILITY OF STUDENTS TO ATTEND CLASS AND SCHOOL;
  C. SET OUT CLEAR EXPECTATIONS FOR STUDENT CONDUCT AT SCHOOL AND SCHOOL
FUNCTIONS, USING SPECIFIC AND OBJECTIVE CRITERIA, AND DEFINE  VIOLATIONS
OF THE CODE OF CONDUCT;
  D.  ESTABLISH  THE  RANGE OF GRADUATED AND PROPORTIONATE INTERVENTIONS
AND CONSEQUENCES INCLUDING RESTORATIVE DISCIPLINE FOR STUDENT  BEHAVIORS
THAT  VIOLATE  THE  CODE  OF CONDUCT; PROVIDED THAT REMOVAL OF A STUDENT
FROM CLASS OR CLASSES, SCHOOL PROPERTY OR  SCHOOL  FUNCTIONS,  INCLUDING
CLASSROOM REMOVAL OR SUSPENSION, FOR A SPECIFIC PERIOD OF TIME SHALL NOT
BE USED TO RESPOND TO TARDINESS, UNEXCUSED ABSENCE FROM CLASS OR SCHOOL,
LEAVING  SCHOOL  WITHOUT PERMISSION, VIOLATION OF SCHOOL DRESS CODE, AND
LACK OF IDENTIFICATION UPON REQUEST OF SCHOOL PERSONNEL.  THE  RANGE  OF
GRADUATED  AND  PROPORTIONATE INTERVENTIONS FOR INITIAL OR REPEATED ACTS
OF WILLFUL DISOBEDIENCE SHALL NOT INCLUDE SUSPENSION.  "WILLFUL  DISOBE-
DIENCE" SHALL MEAN DISRUPTIVE, INSUBORDINATE, OR ROWDY BEHAVIOR, INCLUD-
ING  BEHAVIORS  SUCH  AS  THE  USE  OF  FOUL  OR INAPPROPRIATE LANGUAGE,
GESTURES, COMMENTS, OR REFUSAL TO FOLLOW DIRECTIONS;
  E. WHERE AVAILABLE, REQUIRE THE CONSIDERATION OF THE USE  OF  RESTORA-
TIVE  PRACTICES  AND DISCIPLINE IN RESPONSE TO VIOLATIONS OF THE CODE OF
CONDUCT;
  F. ESTABLISH PROCEDURES BY WHICH VIOLATIONS OF THE CODE OF CONDUCT ARE
REPORTED TO THE APPROPRIATE SCHOOL PERSONNEL, THE FACTS ARE INVESTIGATED
AND DETERMINED, AND  INTERVENTION  AND  DISCIPLINE  MEASURES,  INCLUDING
RESTORATIVE  DISCIPLINE,  ARE  DECIDED AND IMPLEMENTED.  SUCH PROVISIONS
SHALL ENSURE  THAT  PROCEDURES  ESTABLISHED  ARE  CONSISTENT  WITH  THIS

S. 3036--A                          5

SECTION,  SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER, AND OTHER
FEDERAL AND STATE LAW;
  G. ESTABLISH PROCEDURES FOR REMOVAL FROM THE CLASSROOM, SCHOOL PROPER-
TY  OR  A  SCHOOL FUNCTION, OF STUDENTS WHO VIOLATE THE CODE OF CONDUCT,
INCLUDING PROCEDURES BY  WHICH  A  SCHOOL  MAY  RESPOND  IMMEDIATELY  TO
STUDENT  BEHAVIOR  THAT  (I)  PHYSICALLY  INJURES  OR POSES AN IMMEDIATE
THREAT OF PHYSICAL INJURY TO THE STUDENT OR OTHER PERSON OR PERSONS;  OR
(II)  DAMAGES  PROPERTY  AND  SUCH  DAMAGE INJURES OR POSES AN IMMEDIATE
THREAT OF SERIOUS PHYSICAL INJURY TO THE  STUDENT  OR  OTHER  PERSON  OR
PERSONS,  CONSISTENT  WITH  SECTION  THIRTY-TWO HUNDRED FOURTEEN OF THIS
CHAPTER AND OTHER FEDERAL AND STATE LAWS;
  H. PROHIBIT THE SUSPENSION OF STUDENTS IN KINDERGARTEN  THROUGH  GRADE
THREE,  EXCEPT  IN  SITUATIONS  OF SERIOUS PHYSICAL INJURY AS DEFINED IN
SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL LAW TO STUDENTS, STAFF, OR
OTHERS WHILE TAKING INTO ACCOUNT THE TOTALITY OF THE CIRCUMSTANCES;
  I. COMPLY WITH THE FEDERAL GUN-FREE SCHOOLS ACT;
  J. SET FORTH THE CIRCUMSTANCES UNDER AND PROCEDURES BY WHICH A  PARENT
OR  PERSONS IN PARENTAL RELATION TO A STUDENT ACCUSED OF AND AFFECTED BY
STUDENT BEHAVIOR THAT VIOLATES THE CODE OF CONDUCT SHALL BE NOTIFIED  OF
CODE  OF  CONDUCT VIOLATIONS, INCLUDING NOTICE THAT ANY STATEMENT BY THE
STUDENT, WRITTEN OR ORAL, MIGHT BE USED AGAINST THE STUDENT IN A  CRIMI-
NAL,  IMMIGRATION, OR JUVENILE DELINQUENCY INVESTIGATION AND/OR PROCEED-
ING AND/OR IN A COURT OF LAW;
  K. SET FORTH THE CIRCUMSTANCES UNDER AND PROCEDURES BY WHICH A STUDENT
MAY BE REFERRED TO LAW ENFORCEMENT OR A PERSON IN  NEED  OF  SUPERVISION
PETITION  AS  DEFINED  IN  ARTICLE SEVEN OF THE FAMILY COURT ACT WILL BE
FILED CONSISTENT WITH SUBPARAGRAPH FIVE OF PARAGRAPH  B  OF  SUBDIVISION
ONE OF THIS SECTION;
  L.  SET  OUT  THE CIRCUMSTANCES UNDER AND PROCEDURES BY WHICH STUDENTS
WHO ARE SUSPENDED FROM SCHOOL MAY ALSO BE REFERRED TO ACADEMIC SERVICES,
SCHOOL-BASED SUPPORT SERVICES, OR TO APPROPRIATE  HUMAN  SERVICES  AGEN-
CIES;
  M.  ENSURE  THE  CONTINUED  EDUCATIONAL PROGRAMMING AND ACTIVITIES FOR
STUDENTS REMOVED FROM THE CLASSROOM OR SUSPENDED FROM  SCHOOL.  STUDENTS
WHO  HAVE BEEN REMOVED FROM THE CLASSROOM OR SUSPENDED FROM SCHOOL SHALL
HAVE THE RIGHT TO CONTINUE THEIR EDUCATION AND RECEIVE INSTRUCTION WHILE
THEY ARE EXCLUDED FROM THE CLASSROOM REGARDLESS OF  THE  REASON  FOR  OR
TYPE OF EXCLUSION AS FOLLOWS:
  (1) WHEN A STUDENT IS REMOVED FROM A CLASSROOM, THE TEACHER, PRINCIPAL
OR  THE  PRINCIPAL'S  DESIGNEE SHALL PROVIDE THE STUDENT WITH ALL MISSED
CLASSROOM WORK WITHIN TWENTY-FOUR HOURS OF THE REMOVAL AND  THE  STUDENT
SHALL  HAVE  THE  OPPORTUNITY  TO EARN ALL ACADEMIC CREDIT INCLUDING THE
OPPORTUNITY TO COMPLETE ANY MISSED ASSIGNMENTS AND TAKE ANY MISSED EXAM-
INATIONS OR ASSESSMENTS;
  (2) WHEN A STUDENT IS SUSPENDED FROM CLASS OR SCHOOL, THE PRINCIPAL OR
THE PRINCIPAL'S DESIGNEE, IN CONSULTATION WITH THE  STUDENT'S  TEACHERS,
SHALL CREATE AN EDUCATION PLAN FOR THE STUDENT FOR EACH SUBJECT OR CLASS
IN  WHICH  THE  STUDENT  IS  ENROLLED.  THE  EDUCATION  PLAN  SHALL MAKE
PROVISIONS FOR A STUDENT'S  ON-GOING  ACADEMIC  INSTRUCTION  DURING  THE
SUSPENSION.  THE STUDENT SHALL HAVE THE OPPORTUNITY TO EARN ALL ACADEMIC
CREDIT INCLUDING THE OPPORTUNITY TO COMPLETE ANY  ASSIGNMENTS  AND  TAKE
ANY ASSESSMENT OR EXAMINATION MISSED DURING THE STUDENT'S SUSPENSION AND
IF AN ASSESSMENT OR EXAMINATION CANNOT BE RESCHEDULED, THE STUDENT SHALL
BE  ALLOWED ON SCHOOL PROPERTY TO TAKE SUCH ASSESSMENT OR EXAMINATION ON
THE DAY THAT THE ASSESSMENT OR EXAMINATION IS GIVEN;

S. 3036--A                          6

  (3) THE EDUCATION PLAN PURSUANT TO SUBPARAGRAPH TWO OF THIS  PARAGRAPH
MAY  INCLUDE PLACEMENT OF THE SUSPENDED STUDENT AT AN ALTERNATIVE LEARN-
ING SITE INCLUDING THE STUDENT'S HOME IF  AN  ALTERNATIVE  SITE  IS  NOT
AVAILABLE  AND APPROPRIATE FOR THE STUDENT'S EDUCATION. THE PRINCIPAL OR
THE  PRINCIPAL'S DESIGNEE AT THE SCHOOL IN WHICH THE STUDENT IS ENROLLED
SHALL CONSULT WITH THE ADMINISTRATOR OF AN ALTERNATIVE SITE OR,  IN  THE
CASE  OF  THE  STUDENT'S HOME, WITH THE TEACHER OVERSEEING HOME INSTRUC-
TION, TO MAKE ARRANGEMENTS FOR THE STUDENT'S CONTINUED INSTRUCTION;
  (4) EVERY SCHOOL DISTRICT AND CHARTER SCHOOL SHALL PROVIDE TO STUDENTS
WITH DISABILITIES ALL SERVICES AND EDUCATIONAL  PROGRAMMING  PROTECTIONS
SET  FORTH  IN THIS SECTION, SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS
CHAPTER AND ALL OTHER APPLICABLE FEDERAL AND STATE LAWS;
  (5) SCHOOLS SHALL SCHEDULE A CONFERENCE WITH THE PARENT OR  PERSON  IN
PARENTAL  RELATION  AND STUDENT WITHIN FIVE SCHOOL DAYS FROM A STUDENT'S
RETURN TO SCHOOL AFTER ANY  SHORT  TERM  OR  LONG  TERM  SUSPENSION  AND
PROVIDE  NOTICE  OF  THE  CONFERENCE TO THE PARENT OR PERSON IN PARENTAL
RELATION AND THE STUDENT.  THE  FAILURE  OF  THE  PARENT  OR  PERSON  IN
PARENTAL  RELATION OR STUDENT TO ATTEND SHALL NOT DELAY RE-ENTRY FOLLOW-
ING SUSPENSION. THE CONFERENCE SHALL INCLUDE A DISCUSSION OF THE FOLLOW-
ING:
  (A) A FILE OF THE STUDENT'S EDUCATIONAL ACTIVITIES WHILE ON SUSPENSION
THAT CAN BE COUNTED TOWARD CREDIT ACCUMULATION. THIS FILE SHALL  INCLUDE
THE  STUDENT'S  TEST  SCORES,  GRADES,  COMPLETED ASSIGNMENTS, AND TOTAL
CREDITS EARNED WHILE SUSPENDED. THE STUDENT'S EXISTING  ACADEMIC  RECORD
MAY  BE  USED  FOR  THESE  PURPOSES, IF THE ACADEMIC RECORD PROVIDES ALL
REQUIRED INFORMATION SET FORTH IN THIS CLAUSE;
  (B) THE STEPS THE STUDENT WILL TAKE TO FOLLOW ALL SCHOOL RULES;
  (C) THE SUPPORTS THE SCHOOL WILL PROVIDE FOR THE STUDENT  TO  SUCCESS-
FULLY RE-ENTER SCHOOL;
  (D)  A  DISCUSSION  OF WHEN THE RECORD OF SUSPENSION WILL BE EXPUNGED;
AND
  (E) ANY OTHER PERTINENT CIRCUMSTANCES.
  N. ENSURE such code and [the] ITS enforcement [thereof] are in compli-
ance with state and federal laws relating to students with disabilities;
  [h. provisions  setting  forth  the  procedures  by  which  local  law
enforcement  agencies shall be notified of code violations which consti-
tute a crime;
  i. provisions setting forth the circumstances under and procedures  by
which  persons  in parental relation to the student shall be notified of
code violations;
  j. provisions setting forth the circumstances under and procedures  by
which  a complaint in criminal court, a juvenile delinquency petition or
person in need of supervision petition as defined in articles three  and
seven of the family court act will be filed;
  k. circumstances under and procedures by which referral to appropriate
human service agencies shall be made;
  l.  a  minimum  suspension  period,  for  students  who repeatedly are
substantially disruptive of the  educational  process  or  substantially
interfere with the teacher's authority over the classroom, provided that
the  suspending authority may reduce such period on a case by case basis
to be consistent with any other state and federal law. For  purposes  of
this  section,  the  definition of "repeatedly are substantially disrup-
tive" shall be determined in accordance  with  the  regulations  of  the
commissioner;
  m.  a  minimum suspension period for acts that would qualify the pupil
to be defined as a violent pupil pursuant to paragraph a of  subdivision

S. 3036--A                          7

two-a  of  section thirty-two hundred fourteen of this chapter, provided
that the suspending authority may reduce such period on a case  by  case
basis to be consistent with any other state and federal law;] and
  [n.] O. provisions to comply with article two of this chapter.
  [3.]  4.  The [district] code of conduct shall be developed in collab-
oration with [student, teacher, administrator, and parent organizations,
school safety personnel and other school personnel] REPRESENTATIVES FROM
ALL INTERESTED STAKEHOLDERS INCLUDING  STUDENTS,  TEACHERS,  ADMINISTRA-
TORS,  PARENTS,  SCHOOL  SAFETY  PERSONNEL,  SUPPORT SERVICES PERSONNEL,
PARENT AND  STUDENT  ORGANIZATIONS,  COLLECTIVE  BARGAINING  UNITS,  AND
OTHERS  AS IDENTIFIED BY THE SCHOOL DISTRICT OR CHARTER SCHOOL and shall
be approved by the board of education, [or]  BOARD  OF  TRUSTEES,  other
governing  body, or by the chancellor of the city school district in the
case of the city school district of the city of New York.  In  the  city
school  district of the city of New York, each community district educa-
tion council shall be authorized to adopt and implement additional poli-
cies, which are consistent with AND NO MORE RESTRICTIVE  THAN  the  city
district's  district-wide  code  of  conduct,  to reflect the individual
needs of each community school district provided  that  such  additional
policies shall require the approval of the chancellor.
  [4.  The  board of education, chancellor or other governing body shall
provide copies of a summary of the code of conduct to all students at  a
general assembly held at the beginning of the school year and shall make
copies of the code available to persons in parental relation to students
at  the  beginning  of each school year, and shall mail a plain language
summary of such code to all persons in  parental  relation  to  students
before  the  beginning of each school year, and make it available there-
after upon request. The board of education, chancellor or other  govern-
ing  body  shall  take reasonable steps to ensure community awareness of
the code provisions.]
  5. [a.] THE BOARD OF EDUCATION, BOARD  OF  TRUSTEES,  OTHER  GOVERNING
BODY,  OR  THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE OF THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK SHALL  HOLD  AT  LEAST  ONE
PUBLIC HEARING ABOUT THE PROPOSED CODE OF CONDUCT BEFORE ITS ADOPTION OR
AMENDMENT. THE SCHOOL DISTRICT OR CHARTER SCHOOL SHALL NOTIFY THE SCHOOL
COMMUNITY  AND  GENERAL  PUBLIC  ABOUT  THE HEARING AT LEAST THIRTY DAYS
PRIOR TO THE DATE OF THE HEARING.  SUCH NOTICE SHALL INCLUDE  THE  DATE,
TIME  AND  PLACE OF THE HEARING, THE AGENDA, A COPY OF THE PROPOSED CODE
OF CONDUCT AND INFORMATION ABOUT A PUBLIC COMMENT PERIOD  AS  DETERMINED
BY  THE SCHOOL DISTRICT OR CHARTER SCHOOL.  THE SCHOOL DISTRICT OR CHAR-
TER SCHOOL SHALL TAKE NECESSARY STEPS TO  NOTIFY  FAMILIES  WHO  DO  NOT
SPEAK  ENGLISH  AND  WHOSE CHILDREN ATTEND A SCHOOL IN THE DISTRICT OR A
CHARTER SCHOOL.
  6. UPON ADOPTION OR AMENDMENT OF  THE  CODE  OF  CONDUCT,  THE  SCHOOL
DISTRICT OR CHARTER SCHOOL SHALL:
  A.  FILE A COPY OF ITS CODE OF CONDUCT AND ANY AMENDMENTS TO SUCH CODE
WITH THE COMMISSIONER NO LATER THAN THIRTY DAYS AFTER THEIR ADOPTION;
  B. TRANSLATE THE CODE OF CONDUCT INTO THOSE LANGUAGES SPOKEN BY  THREE
PERCENT  OR  MORE  OF THE FAMILIES WHOSE CHILDREN ATTEND A SCHOOL IN THE
SCHOOL DISTRICT OR A CHARTER SCHOOL;
  C. AT THE BEGINNING OF EACH SCHOOL YEAR, POST THE CODE OF  CONDUCT  ON
THE  SCHOOL DISTRICT OR CHARTER SCHOOL'S WEBSITE AND SCHOOL WEB SITE, IF
ANY, AND PROVIDE A COPY OF THE CODE OF CONDUCT TO PARENTS OR PERSONS  IN
PARENTAL  RELATION  TO  STUDENTS  IN  THE  DISTRICT'S SCHOOLS OR CHARTER
SCHOOL;

S. 3036--A                          8

  D. DISTRIBUTE THE CODE OF CONDUCT TO ALL STUDENTS IN SCHOOL AT ONE  OR
MORE  GENERAL  ASSEMBLIES  OR OTHER CLASSROOM LEVEL LESSONS DEDICATED TO
THE PROVISIONS OF THE CODE OF CONDUCT; AND
  E. AT THE BEGINNING OF EACH SCHOOL YEAR, EACH SCHOOL SHALL EXPLAIN ITS
CODE  OF CONDUCT TO STUDENTS IN ONE OR MORE GENERAL ASSEMBLIES OR CLASS-
ROOM LEVEL LESSONS.
  7. The board of education, BOARD  OF  TRUSTEES,  chancellor  or  other
governing  body  shall annually review and update the district's [codes]
OR CHARTER SCHOOL'S CODE of conduct if necessary, taking into  consider-
ation  the  effectiveness  of  THE  code OF CONDUCT'S provisions and the
fairness and consistency of its administration. Each school district AND
CHARTER SCHOOL is authorized to establish a committee and to  facilitate
the review of the code of conduct and the district's OR CHARTER SCHOOL'S
response  to  code  of  conduct  violations. Any such committee shall be
comprised of similar individuals described in subdivision  [three]  FOUR
of  this section. [The school board, chancellor, or other governing body
shall reapprove any such updated code only after  at  least  one  public
hearing  that  provides  for  the  participation  of  school  personnel,
parents, students and any other interested parties.
  b. Each district shall file a copy of its codes of  conduct  with  the
commissioner  and  all  amendments  to such code shall be filed with the
commissioner no later than thirty days after their adoption.]
  8.  A. THE COMMISSIONER SHALL  PROMULGATE  REGULATIONS  IN  ACCORDANCE
WITH  THIS  SECTION, WHICH SHALL ADDRESS THE DEVELOPMENT, IMPLEMENTATION
AND EVALUATION OF A  SCHOOL  DISTRICT'S  OR  CHARTER  SCHOOL'S  CODE  OF
CONDUCT AND SHALL INCLUDE BUT NOT BE LIMITED TO:
  (1)  ONE  OR MORE MODEL CODES OF CONDUCT DESIGNED TO REDUCE THE USE OF
SUSPENSIONS THAT MEET THE REQUIREMENTS OF SECTIONS TWENTY-EIGHT  HUNDRED
ONE AND THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER;
  (2)  BEST  PRACTICES  FOR AGE-APPROPRIATE, GRADUATED AND PROPORTIONATE
DISCIPLINE AS SET OUT IN SECTION TWENTY-EIGHT HUNDRED ONE OF THIS  CHAP-
TER;
  (3) A MATRIX OF STUDENT MISCONDUCT AND THE INTERVENTIONS AND DISCIPLI-
NARY  MEASURES THAT PROVIDE AGE APPROPRIATE, GRADUATED AND PROPORTIONATE
INTERVENTION DESIGNED TO REDUCE RELIANCE ON SUSPENSIONS AND REFERRALS TO
LAW ENFORCEMENT;
  (4) GUIDELINES FOR APPROPRIATE SCHOOL-WIDE IMPLEMENTATION OF  RESTORA-
TIVE PRACTICES; AND
  (5)  FORMS NECESSARY TO IMPLEMENT STUDENT NOTIFICATION AND DUE PROCESS
REQUIREMENTS OF SECTION TWENTY-EIGHT HUNDRED ONE AND THIRTY-TWO  HUNDRED
FOURTEEN OF THIS CHAPTER.
  B.  THE DEPARTMENT SHALL COLLECT AND EVERY SCHOOL DISTRICT AND CHARTER
SCHOOL  SHALL  REPORT TO THE DEPARTMENT DATA ABOUT THE IMPLEMENTATION OF
STUDENT CODES OF CONDUCT AS REQUIRED BY FEDERAL LAW. ON OR BEFORE NOVEM-
BER FIRST OF EACH YEAR, THE  DEPARTMENT  SHALL  MAKE  AVAILABLE  TO  THE
PUBLIC,  BY  SCHOOL  DISTRICT  AND  CHARTER  SCHOOL,  THE DATA REGARDING
STUDENT DISCIPLINE FROM THE PRECEDING YEAR. ON OR BEFORE DECEMBER  FIRST
OF  EACH YEAR THE DEPARTMENT SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE  CHAIRS  OF
THE  ASSEMBLY  AND  SENATE EDUCATION COMMITTEES A REPORT THAT SUMMARIZES
AND ANALYZES THE DATA COLLECTED ABOUT STUDENT DISCIPLINE  INCLUDING  BUT
NOT LIMITED TO A REVIEW AND EVALUATION OF SCHOOL APPLICATION OF CODES OF
CONDUCT FOR FAIR AND CONSISTENT APPLICATION, RECOMMENDATIONS ABOUT POLI-
CIES  AND  PRACTICES  FOR  SCHOOL  CODES  OF  CONDUCT, AND THE TECHNICAL
ASSISTANCE THE DEPARTMENT IS PROVIDING REGARDING STUDENT DISCIPLINE.

S. 3036--A                          9

  § 2. Subdivision 3 of section 2801 of the education law, as  added  by
chapter 181 of the laws of 2000, is amended to read as follows:
  [3.]  4.  The [district] code of conduct shall be developed in collab-
oration with [student, teacher, administrator, and parent organizations,
school safety personnel and other school personnel] REPRESENTATIVES FROM
ALL INTERESTED STAKEHOLDERS INCLUDING  STUDENTS,  TEACHERS,  ADMINISTRA-
TORS,  PARENTS,  SCHOOL  SAFETY  PERSONNEL,  SUPPORT SERVICES PERSONNEL,
PARENT AND  STUDENT  ORGANIZATIONS,  COLLECTIVE  BARGAINING  UNITS,  AND
OTHERS  AS IDENTIFIED BY THE SCHOOL DISTRICT OR CHARTER SCHOOL and shall
be approved by the board of education, [or]  BOARD  OF  TRUSTEES,  other
governing  body, or by the chancellor of the city school district in the
case of the city school district of the city of New York.  In  the  city
school  district of the city of New York, each community school district
board shall be authorized to adopt and  implement  additional  policies,
which  are  consistent  with  AND  NO  MORE  RESTRICTIVE  THAN  the city
district's district-wide code of  conduct,  to  reflect  the  individual
needs  of  each  community school district provided that such additional
policies shall require the approval of the chancellor.
  § 3. Section 3214 of the education law, as amended by chapter  181  of
the  laws  of  2000,  subparagraph  1 of paragraph c of subdivision 3 as
amended by chapter 430 of the laws of 2006, paragraphs d and f of subdi-
vision 3 as amended by chapter 425 of the laws of 2002, paragraph  e  of
subdivision 3 as amended by chapter 170 of the laws of 2006, paragraph g
of  subdivision  3 as amended by chapter 352 of the laws of 2005, clause
(v) of subparagraph 3 of paragraph g of  subdivision  3  as  amended  by
chapter  378  of  the laws of 2007, paragraphs a, b and c of subdivision
3-a as amended by chapter 147 of the laws of 2001 and subdivision  7  as
amended  by  section 9 of part YYY of chapter 59 of the laws of 2017, is
amended to read as follows:
  § 3214. Student INTERVENTIONS, placement, suspensions  and  transfers.
1. [School delinquent. A minor under seventeen years of age, required by
any  of  the  provisions  of  part  one  of  this article to attend upon
instruction, who is an habitual  truant  from  such  instruction  or  is
irregular  in  such attendance or insubordinate or disorderly or disrup-
tive or violent during such attendance, is a school delinquent.
  2. Special  day  schools.]  ALTERNATIVE  LEARNING  SITES.  The  school
authorities  of  any  city  [or],  school district OR CHARTER SCHOOL may
establish schools or set apart rooms in  [public]  school  buildings  OR
PROPERTIES  for the instruction of [school delinquents] STUDENTS REMOVED
OR SUSPENDED FOR VIOLATIONS OF THE CODE OF CONDUCT  IN  ACCORDANCE  WITH
THIS  SECTION  AND SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER, and
fix the number of days per week  and  the  hours  per  day  of  required
attendance  AND INSTRUCTION, which shall not be less than is required of
minors attending the full time day schools.
  [2-a. a. Violent pupil. For the purposes of this  section,  a  violent
pupil  is  an  elementary or secondary student under twenty-one years of
age who:
  (1) commits an act of violence upon a teacher, administrator or  other
school employee;
  (2)  commits,  while  on  school district property, an act of violence
upon another student or any other person lawfully upon said property;
  (3) possesses, while  on  school  district  property,  a  gun,  knife,
explosive  or  incendiary bomb, or other dangerous instrument capable of
causing physical injury or death;

S. 3036--A                         10

  (4) displays, while on school district property, what appears to be  a
gun,  knife,  explosive or incendiary bomb or other dangerous instrument
capable of causing death or physical injury;
  (5)  threatens,  while on school district property, to use any instru-
ment that appears capable of causing physical injury or death;
  (6) knowingly and intentionally damages or destroys the personal prop-
erty of a teacher, administrator, other school district employee or  any
person lawfully upon school district property; or
  (7)  knowingly  and  intentionally damages or destroys school district
property.
  b. Disruptive pupil. For the purposes of this  section,  a  disruptive
pupil  is  an  elementary or secondary student under twenty-one years of
age who is  substantially  disruptive  of  the  educational  process  or
substantially  interferes  with  the teacher's authority over the class-
room.
  3. Suspension] 2. DISCIPLINE of a [pupil] STUDENT. a.   [The board  of
education,  board  of  trustees  or  sole trustee, the superintendent of
schools, district superintendent of schools or principal of a school may
suspend the  following  pupils]  (1)  STUDENTS  MAY  BE  SUSPENDED  from
required  attendance [upon instruction:] IN ACCORDANCE WITH PARAGRAPHS B
AND C OF THIS  SUBDIVISION;  PROVIDED,  HOWEVER,  THAT  DECISIONS  ABOUT
APPROPRIATE DISCIPLINE AND INTERVENTIONS IN RESPONSE TO STUDENT BEHAVIOR
THAT  HAS  BEEN  DETERMINED  TO VIOLATE A SCHOOL'S CODE OF CONDUCT SHALL
WEIGH THE LIKELIHOOD THAT A  LESSER  INTERVENTION  OR  DISCIPLINE  WOULD
ADEQUATELY ADDRESS THE STUDENT'S MISCONDUCT, REDRESS ANY HARM OR DAMAGE,
AND PREVENT FUTURE VIOLATIONS OF THE CODE OF CONDUCT. SUSPENSIONS SHOULD
ONLY BE USED AS A LAST RESORT.
  (2)  THE  SCHOOL  SHALL  CONDUCT  AN  INVESTIGATION OF ANY REPORT OF A
VIOLATION OF THE CODE OF CONDUCT. SUCH INVESTIGATION  SHALL  INCLUDE  AN
INTERVIEW  OF  THE  ALLEGED  VICTIM AND THE WITNESSES TO THE INCIDENT; A
REQUEST FOR SIGNED, WRITTEN  STATEMENTS  FROM  THE  ALLEGED  VICTIM  AND
WITNESSES;  AND  IDENTIFICATION AND REVIEW OF DOCUMENTARY, PHOTOGRAPHIC,
VIDEO AND OTHER EVIDENCE. THE  SCHOOL  SHALL  INFORM  ANY  STUDENT  THAT
SUBMISSION OF A WRITTEN STATEMENT IS VOLUNTARY.
  (3)  IF  A  STUDENT  HAS BEEN ARRESTED OR IF THE SCHOOL IS CONSIDERING
REFERRING THE STUDENT TO LAW ENFORCEMENT, THE SCHOOL SHALL NOT REQUEST A
STATEMENT FROM SUCH STUDENT, EXCEPT WHEN THERE IS IMMINENT RISK OF SERI-
OUS PHYSICAL INJURY TO THE STUDENT OR OTHER PERSON OR PERSONS.
  (4) THE SCHOOL  SHALL  DETERMINE  WHETHER  APPROPRIATE  INTERVENTIONS,
INCLUDING  RESTORATIVE  DISCIPLINE, CAN ADDRESS THE ALLEGED VIOLATION OF
THE CODE OF CONDUCT WITHOUT SUSPENSION.  THE SCHOOL SHOULD EVALUATE  THE
EFFECTIVENESS OF THE INTERVENTION AND USE MULTIPLE TYPES OF INTERVENTION
WHERE APPROPRIATE AND AVAILABLE.
  (5)  DISCIPLINARY  DETERMINATIONS  SHALL BE BASED ON THE FACTS OF EACH
CASE INCLUDING, BUT NOT LIMITED TO:
  (I) THE NATURE AND IMPACT OF THE STUDENT'S ALLEGED MISCONDUCT, INCLUD-
ING BUT NOT LIMITED TO THE HARM TO THE STUDENT OR OTHER PERSONS,  DAMAGE
TO  PERSONAL  OR SCHOOL PROPERTY, OR THREAT TO THE SAFETY AND WELFARE OF
THE SCHOOL COMMUNITY;
  (II) THE STUDENT'S AGE, ABILITY TO SPEAK OR UNDERSTAND ENGLISH,  PHYS-
ICAL  HEALTH,  MENTAL HEALTH, DISABILITIES AND PROVISIONS OF AN INDIVID-
UALIZED EDUCATION PROGRAM, AS IT RELATES TO HIS OR HER BEHAVIOR;
  (III) THE STUDENT'S WILLINGNESS TO RESOLVE THE CONFLICT AND REPAIR ANY
HARM OR DAMAGE;
  (IV) THE STUDENT'S PRIOR  CONDUCT,  APPROPRIATENESS  OF  PRIOR  INTER-
VENTIONS AND THE STUDENT'S RESPONSE TO PRIOR INTERVENTIONS; AND

S. 3036--A                         11

  (V) OTHER FACTORS AS DETERMINED BY SCHOOL PERSONNEL AND THE STUDENT TO
BE  RELEVANT  INCLUDING  THE  CIRCUMSTANCES  SURROUNDING  THE  STUDENT'S
ACTIONS AND A REVIEW OF THE STUDENT'S ACADEMIC PLACEMENT AND PROGRAM FOR
ITS  RELATIONSHIP,  IF  ANY,  TO  THE  STUDENT'S  BEHAVIOR  AND  ALLEGED
VIOLATION OF THE CODE OF CONDUCT.
  [A  pupil who is insubordinate or disorderly or violent or disruptive,
or whose conduct otherwise  endangers  the  safety,  morals,  health  or
welfare of others.]
  b. [(1)] SHORT TERM SUSPENSION. The board of education, board of trus-
tees, [or sole trustee] OTHER GOVERNING BODY, THE CHANCELLOR OF THE CITY
SCHOOL  DISTRICT  IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY OF
NEW YORK, superintendent of schools, district superintendent of  schools
and the principal of the school where the [pupil] attends shall have the
power to suspend [a pupil] for a period not to exceed five school days[.
In  the  case  of]  ANY  STUDENT WHO ENGAGES IN BEHAVIOR THAT RESULTS IN
SERIOUS PHYSICAL INJURY TO STUDENTS, STAFF, OR OTHERS OR ANY STUDENT WHO
IS IN GRADES FOUR TO TWELVE, IF A DETERMINATION IS MADE THAT THE STUDENT
ENGAGED IN BEHAVIOR THAT VIOLATED THE CODE OF CONDUCT  FOR  WHICH  SHORT
TERM  SUSPENSION  MAY  BE WARRANTED. EXCEPT AS SET FORTH BELOW, PRIOR TO
such a suspension, the [suspending authority] STUDENT, PARENT OR  PERSON
IN  PARENTAL RELATION shall [provide the pupil] BE PROVIDED with WRITTEN
notice of the charged misconduct, INCLUDING A BRIEF EXPLANATION  OF  THE
BASIS  FOR  THE  SUSPENSION AND DESCRIPTION OF THE ALLEGED BEHAVIOR THAT
VIOLATED THE CODE OF CONDUCT, THAT INCLUDES THE DATE, TIME AND PLACE  OF
THE  SCHEDULED  INFORMAL  CONFERENCE  WITH  THE PRINCIPAL. [If the pupil
denies the misconduct, the suspending authority shall provide an  expla-
nation  of  the  basis  for the suspension.] The [pupil] STUDENT and the
PARENT OR person in parental relation to the [pupil] STUDENT shall[,  on
request,]  be  given  an opportunity for an informal conference with the
principal [at which]. AT THE CONFERENCE, the [pupil and/or] STUDENT  AND
PARENT  OR person in parental relation shall be authorized to REVIEW ALL
EVIDENCE OF THE ALLEGED  MISCONDUCT,  present  the  [pupil's]  STUDENT'S
version  of  the  event  [and  to],  ask  questions  of  the complaining
witnesses, AND BE REPRESENTED BY AN ATTORNEY OR ADVOCATE. The  aforesaid
notice and opportunity for an informal conference shall take place prior
to suspension of the [pupil] STUDENT unless the [pupil's presence in the
school  poses  a  continuing danger to persons or property or an ongoing
threat of disruption to  the  academic  process,]  STUDENT'S  MISCONDUCT
PHYSICALLY  INJURES  OR  POSES  AN  IMMEDIATE THREAT OF SERIOUS PHYSICAL
INJURY TO THE STUDENT OR OTHER PERSON OR  PERSONS,  in  which  case  the
[pupil's]  STUDENT'S  notice  and opportunity for an informal conference
shall take place as soon after the suspension as is reasonably practica-
ble BUT IN NO CASE MORE  THAN  FORTY-EIGHT  HOURS  AFTER  SUCH  REMOVAL;
PROVIDED  THAT  IF SUCH FORTY-EIGHT HOUR PERIOD DOES NOT END ON A SCHOOL
DAY, IT SHALL BE EXTENDED TO THE CORRESPONDING TIME ON THE SECOND SCHOOL
DAY NEXT FOLLOWING THE STUDENT'S REMOVAL. IF SUSPENSION IS IMPOSED,  THE
PRINCIPAL  OR HIS OR HER DESIGNEE SHALL CREATE AN EDUCATION PLAN FOR THE
STUDENT CONSISTENT WITH SECTION TWENTY-EIGHT HUNDRED ONE OF  THIS  CHAP-
TER, AND A PLAN FOR THE STUDENT'S REINSTATEMENT TO SCHOOL. THE PRINCIPAL
SHALL  ISSUE  A  WRITTEN  DECISION  TO  THE PARENT OR PERSON IN PARENTAL
RELATION TO THE STUDENT ABOUT ANY DISCIPLINARY ACTION WITHIN TWO DAYS OF
THE CONFERENCE. IF THE PRINCIPAL DETERMINES THAT A  SUSPENSION  OF  FIVE
SCHOOL  DAYS  OR LESS IS WARRANTED, THE WRITTEN DECISION SHALL STATE THE
LENGTH OF THE SUSPENSION, FINDINGS OF FACT,  REASONS  FOR  THE  DETERMI-
NATION,  THE  PROCEDURES  FOR  AN APPEAL AND THE DATE BY WHICH AN APPEAL
SHALL BE FILED. A STUDENT SUSPENDED FOR VIOLATING THE  CODE  OF  CONDUCT

S. 3036--A                         12

MAY  APPEAL  A  SUSPENSION  OF  FIVE DAYS OR LESS TO THE SCHOOL DISTRICT
SUPERINTENDENT, BOARD OF EDUCATION, BOARD OF TRUSTEES,  OTHER  GOVERNING
BODY  OR  CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE OF THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK AS DESIGNATED IN THE SCHOOL CODE
OF CONDUCT WITHIN THIRTY DAYS. A WRITTEN DECISION ON THE APPEAL SHALL BE
SENT TO THE PARENT OR PERSON IN PARENTAL RELATION AND THE STUDENT WITHIN
THIRTY DAYS.
  [(2)  A  teacher shall immediately report and refer a violent pupil to
the principal or superintendent for a violation of the code  of  conduct
and a minimum suspension period pursuant to section twenty-eight hundred
one of this chapter.]
  c.  (1)  [No  pupil  may  be  suspended for a period in excess of five
school days] LONG TERM SUSPENSION.   THE BOARD OF  EDUCATION,  BOARD  OF
TRUSTEES,  OTHER  GOVERNING  BODY,  THE  CHANCELLOR  OF  THE CITY SCHOOL
DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT  OF  THE  CITY  OF  NEW
YORK,  SUPERINTENDENT  OF  SCHOOLS OR DISTRICT SUPERINTENDENT OF SCHOOLS
WHERE THE STUDENT ATTENDS SHALL HAVE THE POWER TO SUSPEND FOR  A  PERIOD
NOT  TO  EXCEED  TWENTY  SCHOOL DAYS ANY STUDENT WHO ENGAGES IN BEHAVIOR
THAT RESULTS IN SERIOUS PHYSICAL INJURY TO STUDENTS, STAFF, OR OTHERS OR
ANY STUDENT WHO IS IN GRADES FOUR TO TWELVE, IF A DETERMINATION IS  MADE
THAT  THE  STUDENT ENGAGED IN BEHAVIOR THAT VIOLATED THE CODE OF CONDUCT
FOR WHICH LONG TERM SUSPENSION MAY BE WARRANTED. SUCH  SUSPENSION  SHALL
NOT  BE  IMPOSED unless such [pupil] STUDENT and the PARENT OR person in
parental relation to such [pupil] STUDENT shall have had an  opportunity
for  a fair hearing[, upon reasonable]. ONCE A DECISION HAS BEEN MADE TO
SEEK A LONG TERM SUSPENSION, WRITTEN NOTICE SHALL  BE  PROVIDED  TO  THE
STUDENT  AND  THE  PARENT OR PERSON IN PARENTAL RELATION TO THE STUDENT.
SUCH WRITTEN notice, [at which such pupil] SHALL INCLUDE  A  DESCRIPTION
OF  THE FACTS AND CIRCUMSTANCES UPON WHICH THE ALLEGED VIOLATIONS OF THE
CODE OF CONDUCT ARE BASED, THE SECTION OF THE CODE OF CONDUCT  THAT  THE
STUDENT IS CHARGED TO HAVE VIOLATED AND THE DISCIPLINARY ACTION THAT MAY
BE  WARRANTED,  THE  LENGTH  OF  A  POSSIBLE  SUSPENSION,  COPIES OF ALL
EVIDENCE REGARDING THE ALLEGED INCIDENT, AND THE DATE,  TIME  AND  PLACE
SCHEDULED  FOR  THE  HEARING. SUCH HEARING SHALL BE CONVENED WITHIN FIVE
DAYS OF THE WRITTEN NOTICE, UNLESS THE  PARENT  OR  PERSON  IN  PARENTAL
RELATION  OR  STUDENT REQUESTS A LATER DATE. AT THE HEARING, THE STUDENT
shall have the right of representation by counsel,  with  the  right  to
REQUEST  THE  PRESENCE  OF  AND  question witnesses against such [pupil]
STUDENT and to REQUEST THE PRESENCE OF AND present witnesses  and  other
evidence  on  his  or her behalf. Where the [pupil] STUDENT is a student
with a disability or a  student  presumed  to  have  a  disability,  the
provisions  of  [paragraph  g  of  this] subdivision SIX OF THIS SECTION
shall also apply. [Where a pupil has been suspended in  accordance  with
this  subparagraph  by a superintendent of schools, district superinten-
dent 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]  THE  BOARD  OF  EDUCATION,  BOARD  OF TRUSTEES, OTHER
GOVERNING BODY, THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN  THE  CASE
OF  THE  CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, SUPERINTENDENT OF
SCHOOLS OR DISTRICT SUPERINTENDENT SHALL CONDUCT THE HEARING AND ISSUE A
DECISION, OR MAY DESIGNATE A HEARING OFFICER TO DO  SO.  THE  ENTITY  OR
INDIVIDUAL  THAT  CONDUCTS THE HEARING 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 steno-
graphic transcript shall be required and [a  tape]  AN  AUDIO  recording

S. 3036--A                         13

shall be deemed a satisfactory record. THE ENTITY OR INDIVIDUAL CONDUCT-
ING SUCH HEARING SHALL CONSIDER ONLY THE EVIDENCE PRESENTED AT THE HEAR-
ING,  DETERMINE  WHETHER THE CHARGE HAS BEEN ESTABLISHED BY A PREPONDER-
ANCE  OF  THE  EVIDENCE  AND  MAY UPHOLD, REDUCE OR DISMISS THE PROPOSED
CHARGE. The [hearing officer] ENTITY OR INDIVIDUAL CONDUCTING SUCH HEAR-
ING shall make WRITTEN findings of  fact  and  [recommendations  as  to]
SHALL  DECIDE  the appropriate measure of discipline [to the superinten-
dent. 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  superintendent  of
schools.],  IF  ANY.  THE  ENTITY  OR INDIVIDUAL CONDUCTING SUCH HEARING
SHALL ISSUE A WRITTEN DECISION TO THE SCHOOL AND THE PARENT OR PERSON IN
PARENTAL RELATION TO THE STUDENT WITHIN THREE DAYS OF  THE  HEARING.  IF
THE  ENTITY  OR  INDIVIDUAL  CONDUCTING  THE  HEARING  DETERMINES THAT A
SUSPENSION OF SIX TO TWENTY DAYS  IS  WARRANTED,  THE  WRITTEN  DECISION
SHALL  STATE THE LENGTH OF THE SUSPENSION, FINDINGS OF FACT, REASONS FOR
THE DETERMINATION, PROCEDURES FOR APPEAL, AND  THE  DATE  BY  WHICH  THE
APPEAL  SHALL  BE FILED. 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  speci-
fied  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. IF SUSPENSION
IS IMPOSED, THE SCHOOL DISTRICT OR CHARTER  SCHOOL  SHALL  ESTABLISH  AN
EDUCATION  PLAN  FOR  THE  STUDENT  CONSISTENT  WITH THE REQUIREMENTS IN
SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER, INCLUDING ACADEMIC AND
SUPPORT SERVICES, AND A PLAN FOR THE STUDENT'S REINSTATEMENT TO SCHOOL.
  (2) [Where a pupil has been suspended in accordance with this  section
by a board of education, the board may in its discretion hear and deter-
mine the proceeding or appoint a hearing officer who shall have the same
powers  and  duties with respect to the board that a hearing officer has
with respect to a superintendent where the  suspension  was  ordered  by
him.  The findings and recommendations of the hearing officer conducting
the proceeding shall be advisory and subject  to  final  action  by  the
board  of education, each member of which shall before voting review the
testimony and acquaint himself with the evidence in the case. The  board
may  reject,  confirm or modify the conclusions of the hearing officer.]
APPEAL.  THE STUDENT OR PARENT OR PERSON IN  PARENTAL  RELATION  TO  THE
STUDENT  SHALL  HAVE A RIGHT TO APPEAL THE DECISION OF THE HEARING OFFI-
CER, SUPERINTENDENT OF SCHOOL OR DISTRICT SUPERINTENDENT TO THE BOARD OF
EDUCATION, BOARD OF TRUSTEES, OTHER GOVERNING BODY, OR THE CHANCELLOR OF
THE CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF  THE
CITY  OF  NEW YORK. THE APPEAL SHALL BE HEARD ONLY BY AN ENTITY OR INDI-
VIDUAL WHO WAS NOT INVOLVED IN  THE  INITIAL  DETERMINATION  OR  HEARING
REGARDING  THE SUSPENSION OF THE STUDENT. THE ENTITY OR INDIVIDUAL HEAR-
ING THE APPEAL SHALL ISSUE A WRITTEN DECISION WITHIN TWENTY DAYS OF  THE
FILING  OF  THE  APPEAL.  THE  SUSPENSION  MAY  BE  UPHELD,  REDUCED  OR
DISMISSED. THE STUDENT OR PARENT OR PERSON IN PARENTAL RELATION  TO  THE
STUDENT  MAY APPEAL ANY ADVERSE DETERMINATION BY THE BOARD OF EDUCATION,
BOARD OF TRUSTEES, OTHER GOVERNING BODY, OR THE CHANCELLOR OF  THE  CITY

S. 3036--A                         14

SCHOOL  DISTRICT  IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY OF
NEW YORK TO THE COMMISSIONER PURSUANT TO THE REGULATIONS OF THE  COMMIS-
SIONER.  THE  STUDENT  OR  PARENT  OR PERSON IN PARENTAL RELATION TO THE
STUDENT  MAY APPEAL AN ADVERSE DECISION OF THE COMMISSIONER TO THE STATE
SUPREME COURT WITHIN FOUR MONTHS OF  RECEIPT  OF  THE  DECISION  BY  THE
COMMISSIONER.
  [d.  (1)] 3. FIREARMS. A. Consistent with the federal gun-free schools
act, any public school [pupil] STUDENT who is  determined  under  [this]
subdivision  TWO  OF  THIS  SECTION  to  have  brought  a  firearm to or
possessed a firearm at a public school shall be suspended for  a  period
of  not  less  than  one  calendar year and any nonpublic school [pupil]
STUDENT participating in a program operated by a public school  district
using  funds from the elementary and secondary education act of nineteen
hundred sixty-five who is determined under  [this]  subdivision  TWO  OF
THIS  SECTION  to  have brought a firearm to or possessed a firearm at a
public school or other premises used by the school district  to  provide
such  programs  shall  be  suspended  for  a period of not less than one
calendar year from participation in such program. The procedures of this
subdivision shall apply to such  a  suspension  of  a  nonpublic  school
[pupil] STUDENT. A superintendent of schools, district superintendent of
schools  or  community superintendent shall have the authority to modify
this suspension requirement for each student on  a  case-by-case  basis.
The  determination of a superintendent shall be subject to review by the
board of education, BOARD OF TRUSTEES, OTHER GOVERNING BODY OR THE CHAN-
CELLOR OF THE CITY SCHOOL DISTRICT  IN  THE  CASE  OF  THE  CITY  SCHOOL
DISTRICT  OF  THE  CITY  OF  NEW YORK, pursuant to paragraph c of [this]
subdivision TWO OF THIS SECTION and the commissioner pursuant to section
three hundred ten of this chapter. Nothing in this subdivision shall  be
deemed  to  authorize  the  suspension of a student with a disability in
violation of the individuals with disabilities education act or  article
eighty-nine  of  this  chapter. A superintendent shall refer the [pupil]
STUDENT under the age of sixteen who has been determined to have brought
a weapon or firearm to school in violation of [this] subdivision TWO  OF
THIS SECTION to a presentment agency for a juvenile delinquency proceed-
ing  consistent  with  article  three  of  the family court act except a
student fourteen or fifteen years of  age  who  qualifies  for  juvenile
offender status under subdivision forty-two of section 1.20 of the crim-
inal  procedure  law.  A  superintendent shall refer any [pupil] STUDENT
sixteen years of age or older or a student fourteen or fifteen years  of
age  who qualifies for juvenile offender status under subdivision forty-
two of section 1.20 of the criminal procedure law, who has  been  deter-
mined  to  have  brought  a  weapon or firearm to school in violation of
[this] subdivision TWO OF THIS SECTION to the appropriate  law  enforce-
ment officials.
  [(2)]  B.  Nothing  in  this paragraph shall be deemed to mandate such
action by a school district pursuant to subdivision [one]  TWO  of  this
section  where  such weapon or firearm is possessed or brought to school
with the written authorization of  such  educational  institution  in  a
manner authorized by article two hundred sixty-five of the penal law for
activities  approved and authorized by the BOARD OF trustees [or], board
of education [or], other governing body [of the public school],  OR  THE
CHANCELLOR  OF  THE  CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK and such governing body  adopts  appro-
priate safeguards to ensure student safety.
  [(3)] C. As used in this paragraph:

S. 3036--A                         15

  (i)  "firearm"  shall  mean  a  firearm  as defined in subsection a of
section nine hundred twenty-one of title eighteen of the  United  States
Code; and
  (ii)  "weapon"  shall  be as defined in paragraph 2 of subsection g of
section nine hundred thirty of title eighteen of the United States Code.
  [e.] 4. Procedure after suspension. Where a [pupil] STUDENT  has  been
suspended  pursuant  to  [this] subdivision TWO OF THIS SECTION and said
[pupil is of compulsory attendance age] STUDENT HAS THE LEGAL  RIGHT  TO
ATTEND SCHOOL, immediate steps shall be taken [for] TO ENSURE his or her
attendance  upon  instruction elsewhere [or for supervision or detention
of said pupil pursuant to the provisions of article seven of the  family
court  act]  CONSISTENT WITH THE REQUIREMENTS OF PARAGRAPH M OF SUBDIVI-
SION THREE OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER. Where  a
[pupil]  STUDENT  has  been  suspended  for cause, the suspension may be
revoked by the board of education, BOARD OF  TRUSTEES,  OTHER  GOVERNING
BODY  OR  THE  CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE OF THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, whenever it appears to  be
[for]  IN  the best interest of the school and the [pupil] STUDENT to do
so. The [board of education may also condition a] student's early return
to school and suspension revocation MAY BE CONDITIONED on the  [pupil's]
STUDENT'S  voluntary participation in counseling or specialized classes,
including anger management or dispute resolution, where applicable.
  [f.] 5. DEFINITION. Whenever the term "board of  education,  BOARD  OF
TRUSTEES,  OTHER  GOVERNING  BODY,  THE  CHANCELLOR  OF  THE CITY SCHOOL
DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT  OF  THE  CITY  OF  NEW
YORK,  or  superintendent  of  schools"  is  used  in this [subdivision]
SECTION, it shall be deemed to include CHARTER SCHOOLS, community boards
of education and community superintendents governing community districts
in accordance with the provisions of article fifty-two-A of  this  chap-
ter.
  [g.] 6. Discipline of students with disabilities and students presumed
to  have a disability for discipline purposes.  [(1)] A. Notwithstanding
any other provision of this [subdivision] SECTION  to  the  contrary,  a
student  with a disability as such term is defined in section forty-four
hundred one of this chapter and a student presumed to have a  disability
for  discipline  purposes,  may  be suspended or removed from his or her
current educational placement for violation of [school rules  only]  THE
CODE  OF  CONDUCT  in accordance with the procedures established in this
section, the regulations of the commissioner  implementing  this  [para-
graph]  SECTION,  and subsection (k) of section fourteen hundred fifteen
of title twenty of the United States code and  the  federal  regulations
implementing  such statute, as such federal law and regulations are from
time to time amended. Nothing  in  this  [paragraph]  SECTION  shall  be
construed  to  confer greater rights on such students than are conferred
under applicable federal law and regulations, or to limit the ability of
a school district to change the educational placement of a student  with
a disability in accordance with the procedures in article eighty-nine of
this chapter.
  [(2)] B. As used in this [paragraph] SUBDIVISION:
  (1)  a "student presumed to have a disability for discipline purposes"
shall mean a student who the school district is deemed to have knowledge
was a student with a disability before the  behavior  that  precipitated
disciplinary  action under the criteria in subsection (k) (5) of section
fourteen hundred fifteen of title twenty of the United States  code  and
the federal regulations implementing such statute; and

S. 3036--A                         16

  [(ii)] (2) a "manifestation team" means a representative of the school
district,  the  parent  or  person  in  parental  relation, and relevant
members of the committee on special  education,  as  determined  by  the
parent or person in parental relation and the district.
  [(3)] C. In applying the federal law consistent with this section:
  [(i)]  (1)  in  the  event of a conflict between the procedures estab-
lished in this section  and  those  established  in  subsection  (k)  of
section  fourteen  hundred  fifteen of title twenty of the United States
code and the federal regulations implementing such statute, such federal
statute and regulations shall govern.
  [(ii)] (2) the BOARD OF trustees or board of education of  any  school
district  OR  OTHER  GOVERNING BODY OR THE CHANCELLOR OF THE CITY SCHOOL
DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT  OF  THE  CITY  OF  NEW
YORK, a district superintendent of schools or a building principal shall
have  authority  to  order  the placement of a student with a disability
into an appropriate interim  alternative  educational  setting,  another
setting or suspension for a period not to exceed five consecutive school
days  where  such student is suspended pursuant to this subdivision and,
except as otherwise provided  in  [clause  (vi)]  PARAGRAPH  F  of  this
[subparagraph]  SUBDIVISION,  the suspension does not result in a change
in placement under federal law.
  [(iii)] (3) the superintendent of schools of a school district, either
directly or upon recommendation of a hearing officer designated pursuant
to paragraph c of [this] subdivision TWO OF THIS SECTION, may order  the
placement  of  a  student  with a disability into an interim alternative
educational setting, another setting or suspension for up to ten consec-
utive school days, inclusive of any  period  in  which  the  student  is
placed in an appropriate interim alternative educational setting, anoth-
er  setting or suspension pursuant to clause [(ii)] TWO of this subpara-
graph for the behavior, where the superintendent determines  in  accord-
ance  with the procedures set forth in this subdivision that the student
has engaged in behavior that VIOLATES THE CODE OF CONDUCT AND warrants a
suspension, and, except as otherwise provided in [clause (vi)] PARAGRAPH
F of this [subparagraph] SUBDIVISION, the suspension does not result  in
a change in placement under federal law.
  [(iv)]  D.  the superintendent of schools of a school district, either
directly or upon recommendation of a hearing officer designated pursuant
to paragraph c of [this] subdivision TWO OF THIS SECTION, may order  the
change  in placement of a student with a disability to an interim alter-
native educational setting for up to forty-five school  days  under  the
circumstances  specified  in  subsection  (k)(1)(G)  of section fourteen
hundred fifteen of title twenty of the United States code and the feder-
al regulations implementing  such  statute  or  a  longer  period  where
authorized   by   federal  law  under  the  circumstances  specified  in
subsection (k)(1)(C) of section fourteen hundred fifteen of title twenty
of the United States code and the federal regulations implementing  such
statute,  but  in  neither  case  shall such period exceed the period of
suspension ordered by a superintendent in accordance with this  subdivi-
sion.
  [(v)] E. the terms "day," "business day," and "school day" shall be as
defined  in  section  300.11 of title thirty-four of the code of federal
regulations.
  [(vi)] F. notwithstanding any other provision of this  subdivision  to
the  contrary,  upon  a  determination  by a manifestation team that the
behavior of a student with a disability was not a manifestation  of  the
student's  disability,  such student may be disciplined pursuant to this

S. 3036--A                         17

section in the same manner and for the same duration  as  a  nondisabled
student,  except that such student shall continue to receive services to
the extent required under federal law and regulations, and such services
may be provided in an interim alternative educational setting.
  [(vii)] G. an impartial hearing officer appointed pursuant to subdivi-
sion  one of section forty-four hundred four of this chapter may order a
change in placement of a student with a  disability  to  an  appropriate
interim  alternative  educational  setting  for not more than forty-five
school days under the circumstances specified in subsections (k)(3)  and
(k)(4) of section fourteen hundred fifteen of title twenty of the United
States  code  and  the  federal  regulations implementing such statutes,
provided that such procedure may be repeated, as necessary.
  [(viii)] H. nothing in this section shall be  construed  to  authorize
the suspension or removal of a student with a disability from his or her
current  educational placement [for violation of school rules] following
a determination by a manifestation team that the behavior is a  manifes-
tation  of  the student's disability, except as authorized under federal
law and regulations.
  [(ix)] I. the commissioner shall implement this paragraph by  adopting
regulations  which  coordinate the procedures required for discipline of
students with disabilities, and students presumed to have  a  disability
for  discipline purposes, pursuant to subsection (k) of section fourteen
hundred fifteen of title twenty of the United States code and the feder-
al regulations implementing such statute, with  the  general  procedures
for student discipline under this section.
  [3-a.]  [Teacher  removal  of a disruptive pupil. In addition, any] 7.
CLASSROOM MANAGEMENT. A teacher shall have the power  and  authority  to
[remove  a  disruptive  pupil,  as  defined in subdivision two-a of this
section,] MANAGE THEIR CLASSROOMS CONSISTENT WITH THE CODE  OF  CONDUCT,
THIS  SECTION  AND  SECTION  TWENTY-EIGHT  HUNDRED  ONE OF THIS CHAPTER.
TEACHERS MAY REMOVE A STUDENT from such teacher's  classroom  consistent
with  discipline  AND  INTERVENTION  measures  contained  in the code of
conduct adopted [by the board] pursuant to section twenty-eight  hundred
one  of  this  chapter WHEN A STUDENT'S BEHAVIOR VIOLATES A PROVISION OF
THE CODE OF CONDUCT FOR WHICH REMOVAL MAY BE WARRANTED AND  NO  ALTERNA-
TIVE  INTERVENTION ALONE IS APPROPRIATE TO ADDRESS THE ALLEGED BEHAVIOR.
SUCH CLASSROOM REMOVAL MAY NOT EXCEED ONE HALF SCHOOL DAY  ON  THE  SAME
SCHOOL  DAY.  The [school authorities of any] school district OR CHARTER
SCHOOL shall establish policies and procedures to ensure  the  provision
of continued educational programming and activities for students removed
from  the  classroom pursuant to this subdivision AND TO SECTION TWENTY-
EIGHT HUNDRED ONE OF THIS CHAPTER, and provided further that nothing  in
this  subdivision  shall  authorize  the removal of a [pupil] STUDENT in
violation of any state or federal law or regulation. No [pupil]  STUDENT
shall return to the classroom until the principal makes a final determi-
nation pursuant to paragraph [c] D of this subdivision, or the period of
removal expires, whichever is less.
  a.  WHEN  A  STUDENT  IS  REMOVED FROM THE CLASSROOM, THE SCHOOL SHALL
PROVIDE THE APPROPRIATE SERVICES, INTERVENTIONS, OR  RESTORATIVE  DISCI-
PLINE  TO ENABLE THE STUDENT TO RETURN TO THE CLASSROOM AS EXPEDITIOUSLY
AS POSSIBLE, AND IN NO CASE NO LONGER THAN ONE  HALF  DAY  ON  THE  SAME
SCHOOL  DAY  AS THE REMOVAL. AFTER A STUDENT'S THIRD REMOVAL IN A SCHOOL
YEAR, THE SCHOOL SHALL CREATE  A  PLAN  TO  PROVIDE  APPROPRIATE  INTER-
VENTIONS,  SUPPORTS,  AND SERVICES THAT ADDRESS THE BEHAVIOR AND CIRCUM-
STANCES THAT LED TO THE REMOVALS.

S. 3036--A                         18

  B. Such teacher shall inform the [pupil] STUDENT and the school  prin-
cipal  of  the  reasons  for the removal. [If the teacher finds that the
pupil's continued presence in the classroom does not pose  a  continuing
danger  to persons or property and does not present an ongoing threat of
disruption to the academic process, the teacher shall, prior to removing
the  student from the classroom, provide the student with an explanation
of the basis for the removal and allow the pupil to  informally  present
the  pupil's version of relevant events. In all other cases, the teacher
shall provide the pupil with an explanation of the basis for the removal
and an informal opportunity to be heard within twenty-four hours of  the
pupil's  removal, provided that if such twenty-four hour period does not
end on a school day, it shall be extended to the corresponding  time  on
the next school day.
  b.]  C.  The  principal  shall inform the PARENT OR person in parental
relation to such [pupil] STUDENT of the removal and the reasons therefor
within twenty-four hours of the [pupil's]  STUDENT'S  removal,  provided
that  if  such  twenty-four hour period does not end on a school day, it
shall be extended to the corresponding time on the next school day.  The
[pupil]  STUDENT  and  the  PARENT OR person in parental relation shall,
upon request, be given an opportunity for an  informal  conference  with
the  principal  to  discuss  the  reasons for the removal. [If the pupil
denies the charges, the] THE principal shall provide an  explanation  of
the basis for the removal and allow the [pupil] STUDENT and/or PARENT OR
person  in  parental  relation  to the [pupil] STUDENT an opportunity to
present  the  [pupil's]  STUDENT'S  version  of  relevant  events.  Such
informal  [hearing] CONFERENCE shall be held within forty-eight hours of
the [pupil's] STUDENT'S removal, provided that if such forty-eight  hour
period  does not end on a school day, it shall be extended to the corre-
sponding time on the second school  day  next  following  the  [pupil's]
STUDENT'S  removal.  A  PARENT  OR  PERSON  IN  PARENTAL RELATION TO THE
STUDENT MAY REQUEST THAT THE INFORMAL CONFERENCE TAKE PLACE  LATER  THAN
FORTY-EIGHT  HOURS  AFTER  THE  STUDENT'S  REMOVAL. For purposes of this
subdivision, "school day" shall mean a school day as defined pursuant to
[clause (v) of subparagraph three of] paragraph  [g]  E  of  subdivision
[three] SIX of this section.
  [c.]  D.  The  principal shall not set aside the discipline imposed by
the teacher unless the principal finds  that  the  charges  against  the
[pupil]  STUDENT  are  not supported by substantial evidence or that the
[pupil's] STUDENT'S removal is otherwise in violation of law or that the
conduct warrants suspension from school pursuant to this section  and  a
suspension will be imposed.  The principal's determination made pursuant
to  this  paragraph shall be made by the close of business on the school
day next succeeding the end  of  the  forty-eight  hour  period  for  an
informal  [hearing]  CONFERENCE  contained  in  paragraph  [b] C of this
subdivision.
  [d.] E. The principal may, in  his  or  her  discretion,  designate  a
school  district  administrator,  to carry out the functions required of
the principal under this subdivision.
  [4.] 8. Expense. a. The expense attending the commitment and costs  of
maintenance of [any school delinquent] A STUDENT PLACED AS A RESULT OF A
FINDING  RELATED  TO  SCHOOL  OR  EDUCATIONAL  ISSUES  shall be a charge
against the city or district where he OR SHE resides, if  such  city  or
district  employs  a  superintendent of schools; otherwise it shall be a
county charge.
  b. The school authorities may institute  proceedings  before  a  court
having  jurisdiction to determine the liability of a PARENT OR person in

S. 3036--A                         19

parental relation to contribute towards the  maintenance  of  a  [school
delinquent]  STUDENT  under  sixteen years of age ordered to attend upon
instruction under confinement. If the court shall  find  the  PARENT  OR
person  in  parental relation able to contribute towards the maintenance
of such a minor, it may issue an order fixing  the  amount  to  be  paid
weekly.
  [5.]  9.  Involuntary transfers of [pupils] STUDENTS who have not been
determined to be a student with a disability or a  student  presumed  to
have a disability for discipline purposes.
  a.  The board of education, board of trustees [or sole trustee], OTHER
GOVERNING BODY, THE CHANCELLOR IN THE CASE OF THE CITY  SCHOOL  DISTRICT
OF  THE  CITY  OF  NEW  YORK, the superintendent of schools, or district
superintendent of schools may transfer a [pupil]  STUDENT  who  has  not
been  determined to be a student with a disability as defined in section
forty-four hundred one of this chapter, or a student presumed to have  a
disability for discipline purposes as defined in [paragraph g of] subdi-
vision [three] SIX of this section from regular classroom instruction to
an  appropriate  educational  setting in another school upon the written
recommendation of the school principal and following independent  review
thereof. For purposes of this section of the law, "involuntary transfer"
does  not include a transfer made by a school district as part of a plan
to reduce racial imbalance within the schools or as a change  in  school
attendance zones or geographical boundaries.
  b.  A  school principal may initiate a non-requested transfer where it
is believed that such a [pupil] STUDENT would benefit from the  transfer
[, or] AND when the [pupil] STUDENT would receive an adequate and appro-
priate education in another school program or facility.
  No  recommendation  for [pupil] STUDENT transfer shall be initiated by
the principal until such [pupil] STUDENT  and  a  PARENT  OR  person  in
parental  relation  has  been sent written notification of the consider-
ation of transfer recommendation WHICH SHALL INCLUDE  A  DESCRIPTION  OF
THE  FACTS AND CIRCUMSTANCES UPON WHICH THE TRANSFER IS BASED AND COPIES
OF ALL RELEVANT DOCUMENTARY EVIDENCE. Such notice shall set a  time  and
place of an informal conference with the principal and shall inform such
PARENT  OR person in parental relation and such [pupil] STUDENT of their
right to be accompanied by counsel or an individual of their choice.
  c. After the conference  and  if  the  principal  concludes  that  the
[pupil]  STUDENT would benefit from a transfer [or] AND that the [pupil]
STUDENT would receive an adequate and appropriate education  in  another
school  program or facility, the principal may issue a recommendation of
transfer to the superintendent.  Such  recommendation  shall  include  a
description  of behavior and/or academic problems indicative of the need
for transfer; a description of alternatives explored  and  prior  action
taken to resolve the problem. A copy of that letter shall be sent to the
PARENT OR person in parental relation and to the [pupil] STUDENT.
  d.  Upon  receipt of the principal's recommendation for transfer and a
determination to consider that recommendation, the superintendent  shall
notify the PARENT OR person in parental relation and the [pupil] STUDENT
of  the  proposed  transfer  and  of  their  right  to a fair hearing as
provided in paragraph c of subdivision [three] TWO of this  section  and
shall  list community agencies and free legal assistance which may be of
assistance. The written  notice  shall  include  a  statement  that  the
[pupil] STUDENT or PARENT OR person in parental relation has ten days to
request  a hearing and that the proposed transfer shall not take effect,
except upon written parental consent,  until  the  ten  day  period  has

S. 3036--A                         20

elapsed,  or, if a fair hearing is requested, until after a formal deci-
sion following the hearing is rendered, whichever is later.
  Parental  consent  to  a transfer shall not constitute a waiver of the
right to a fair hearing.
  [6.] 10. Transfer of a [pupil] STUDENT.   Where  a  suspended  [pupil]
STUDENT is to be transferred pursuant to subdivision [five] NINE of this
section,  he  or she shall remain on the register of the original school
for two school days following transmittal of his or her records  to  the
school  to  which  he  or she is to be transferred. The receiving school
shall immediately  upon  receiving  those  records  transmitted  by  the
original  school,  review them to insure proper placement of the [pupil]
STUDENT.   Staff members who are involved  in  the  [pupil's]  STUDENT'S
education must be provided with pertinent records and information relat-
ing  to  the  background  and problems of the [pupil] STUDENT before the
[pupil] STUDENT is placed in a classroom.
  [7.] 11. Transfer of disciplinary records. Notwithstanding  any  other
provision of law to the contrary, each local educational agency, as such
term  is  defined in subsection thirty of section eighty-one hundred one
of the Elementary and Secondary Education Act of 1965, as amended, shall
establish procedures in  accordance  with  section  eighty-five  hundred
thirty-seven  of  the Elementary and Secondary Education Act of 1965, as
amended, and the Family Educational Rights and Privacy Act of  1974,  to
facilitate  the transfer of disciplinary records relating to the suspen-
sion [or expulsion] of a student to any public or  nonpublic  elementary
or  secondary  school in which such student enrolls or seeks, intends or
is instructed to enroll, on a full-time or part-time basis  UNLESS  SUCH
RECORD HAS BEEN EXPUNGED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED ONE OF
THIS CHAPTER.
  § 3-a. Section 305 of the education law is amended by adding three new
subdivisions 56, 57 and 58 to read as follows:
  56.  THE  COMMISSIONER  SHALL  PROVIDE  TECHNICAL ASSISTANCE TO SCHOOL
DISTRICTS, BOARDS  OF  COOPERATIVE  EDUCATIONAL  SERVICES,  AND  CHARTER
SCHOOLS ABOUT THE DEVELOPMENT, IMPLEMENTATION AND EVALUATION OF A SCHOOL
DISTRICT'S OR CHARTER SCHOOL'S CODE OF CONDUCT INCLUDING:
  (A)  ONE OR MORE MODEL CODES OF CONDUCT, DESIGNED TO REDUCE THE USE OF
SUSPENSIONS, THAT MEET THE REQUIREMENTS OF SECTIONS TWENTY-EIGHT HUNDRED
ONE AND THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER;
  (B) BEST PRACTICES FOR AGE-APPROPRIATE,  GRADUATED  AND  PROPORTIONATE
DISCIPLINE  AS SET OUT IN SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAP-
TER;
  (C) A MATRIX OF STUDENT MISCONDUCT AND THE INTERVENTIONS AND DISCIPLI-
NARY MEASURES THAT PROVIDE AGE-APPROPRIATE, GRADUATED AND  PROPORTIONATE
INTERVENTION DESIGNED TO REDUCE RELIANCE ON SUSPENSIONS AND REFERRALS TO
LAW ENFORCEMENT;
  (D)  GUIDELINES  FOR  APPROPRIATE  AND  SCHOOL-WIDE  IMPLEMENTATION OF
RESTORATIVE PRACTICES; AND
  (E) FORMS NECESSARY TO IMPLEMENT STUDENT NOTIFICATION AND DUE  PROCESS
REQUIREMENTS  OF SECTION TWENTY-EIGHT HUNDRED ONE AND THIRTY-TWO HUNDRED
FOURTEEN OF THIS CHAPTER.
  57. THE COMMISSIONER SHALL, PURSUANT TO AN APPROPRIATION IN THE  STATE
BUDGET,  PROVIDE  FUNDS  TO  SCHOOL  DISTRICTS  FOR  IMPLEMENTATION OF A
SCHOOL'S CODE OF CONDUCT INCLUDING MANDATORY PRE-SERVICE AND  IN-SERVICE
TRAINING OF SCHOOL PERSONNEL ABOUT PREVENTION, RESTORATIVE PRACTICES AND
OTHER  INTERVENTIONS  AND  DISCIPLINARY  MEASURES  TO RESPOND TO STUDENT
MISCONDUCT AS REQUIRED BY SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAP-
TER.

S. 3036--A                         21

  58. THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE FUNDS FOR TRAINING
SCHOOL PERSONNEL INCLUDED IN SECTION TWENTY-EIGHT HUNDRED  ONE  OF  THIS
CHAPTER  ONLY  TO THE EXTENT THAT THE STATE BUDGET INCLUDES AN APPROPRI-
ATION FOR SUCH TRAINING.
  § 4. 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]  LONG  TERM SUSPENSION. THE BOARD OF EDUCATION, BOARD OF TRUSTEES,
OTHER GOVERNING BODY, THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN  THE
CASE OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, SUPERINTENDENT
OF  SCHOOLS  OR  DISTRICT  SUPERINTENDENT  OF  SCHOOLS WHERE THE STUDENT
ATTENDS SHALL HAVE THE POWER TO SUSPEND FOR A PERIOD NOT TO EXCEED TWEN-
TY SCHOOL DAYS ANY STUDENT WHO ENGAGES IN BEHAVIOR THAT RESULTS IN SERI-
OUS PHYSICAL INJURY TO STUDENTS, STAFF, OR OTHERS OR ANY STUDENT WHO  IS
IN  GRADES  FOUR  THROUGH  TWELVE,  IF  A DETERMINATION IS MADE THAT THE
STUDENT ENGAGED IN BEHAVIOR THAT VIOLATED THE CODE OF CONDUCT FOR  WHICH
LONG  TERM  SUSPENSION  MAY  BE  WARRANTED. SUCH SUSPENSION SHALL NOT BE
IMPOSED unless such [pupil] STUDENT and the PARENT OR person in parental
relation to such [pupil] STUDENT shall have had  an  opportunity  for  a
fair hearing[, upon reasonable]. ONCE A DECISION HAS BEEN MADE TO SEEK A
LONG  TERM  SUSPENSION,  WRITTEN NOTICE SHALL BE PROVIDED TO THE STUDENT
AND THE PARENT OR PERSON IN PARENTAL RELATION TO THE STUDENT. SUCH WRIT-
TEN notice, [at which such pupil] SHALL INCLUDE  A  DESCRIPTION  OF  THE
FACTS AND CIRCUMSTANCES UPON WHICH THE ALLEGED VIOLATIONS OF THE CODE OF
CONDUCT  ARE  BASED, THE SECTION OF THE CODE OF CONDUCT THAT THE STUDENT
IS CHARGED TO HAVE VIOLATED,    THE  DISCIPLINARY  ACTION  THAT  MAY  BE
WARRANTED,  THE  LENGTH OF A POSSIBLE SUSPENSION, COPIES OF ALL EVIDENCE
REGARDING THE ALLEGED INCIDENT, AND THE DATE, TIME AND  PLACE  SCHEDULED
FOR  THE HEARING. SUCH HEARING SHALL BE CONVENED WITHIN FIVE DAYS OF THE
WRITTEN NOTICE, UNLESS THE PARENT OR  PERSON  IN  PARENTAL  RELATION  OR
STUDENT  REQUESTS  A  LATER DATE. AT THE HEARING, THE STUDENT shall have
the right of representation by counsel, with the right  to  REQUEST  THE
PRESENCE  OF  AND question witnesses against such [pupil] STUDENT and to
REQUEST THE PRESENCE OF AND present witnesses and other evidence on  his
OR HER behalf. 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  STUDENT  IS  A
STUDENT  WITH  A  DISABILITY OR A STUDENT PRESUMED TO HAVE A DISABILITY,
THE PROVISIONS OF SUBDIVISION SIX OF  THIS  SECTION  SHALL  ALSO  APPLY.
[The  hearing  officer] THE BOARD OF EDUCATION, BOARD OF TRUSTEES, OTHER
GOVERNING BODY, THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN  THE  CASE
OF  THE  CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, SUPERINTENDENT OF
SCHOOLS OR DISTRICT SUPERINTENDENT SHALL CONDUCT THE HEARING AND ISSUE A
DECISION, OR MAY DESIGNATE A HEARING OFFICER TO DO  SO.  THE  ENTITY  OR
INDIVIDUAL  THAT  CONDUCTS THE HEARING 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] AN AUDIO  recording  shall  be
deemed  a  satisfactory  record. THE ENTITY OR INDIVIDUAL CONDUCTING THE
HEARING SHALL CONSIDER ONLY  THE  EVIDENCE  PRESENTED  AT  THE  HEARING,
DETERMINE  WHETHER THE CHARGE HAS BEEN ESTABLISHED BY A PREPONDERANCE OF
THE EVIDENCE AND MAY UPHOLD, REDUCE OR DISMISS THE PROPOSED CHARGE.  The
[hearing officer] ENTITY OR INDIVIDUAL CONDUCTING THE HEARING shall make

S. 3036--A                         22

WRITTEN  findings  of  fact and [recommendations as to] SHALL DECIDE 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 superintendent of schools.], IF ANY.  THE ENTI-
TY  OR  INDIVIDUAL CONDUCTING THE HEARING SHALL ISSUE A WRITTEN DECISION
TO THE SCHOOL AND THE PARENT OR  PERSON  IN  PARENTAL  RELATION  TO  THE
STUDENT  WITHIN  THREE  DAYS OF THE HEARING. IF THE ENTITY OR INDIVIDUAL
CONDUCTING THE HEARING DETERMINES THAT A SUSPENSION  OF  SIX  TO  TWENTY
DAYS  IS  WARRANTED,  THE WRITTEN DECISION SHALL STATE THE LENGTH OF THE
SUSPENSION, FINDINGS OF FACT, REASONS FOR THE DETERMINATION,  PROCEDURES
FOR  APPEAL,  AND THE DATE BY WHICH THE APPEAL SHALL BE FILED. 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 recov-
ery  of such weapon, instrument or appliance was the result of an unlaw-
ful search or seizure.  IF SUSPENSION IS IMPOSED, THE SCHOOL DISTRICT OR
CHARTER SCHOOL  SHALL  ESTABLISH  AN  EDUCATION  PLAN  FOR  THE  STUDENT
CONSISTENT  WITH THE REQUIREMENTS IN SECTION TWENTY-EIGHT HUNDRED ONE OF
THIS CHAPTER, INCLUDING ACADEMIC AND SUPPORT SERVICES, AND  A  PLAN  FOR
THE STUDENT'S REINSTATEMENT TO SCHOOL.
  § 5. Paragraphs d and f of subdivision 3 of section 3214 of the educa-
tion  law, as amended by chapter 181 of the laws of 2000, are amended to
read as follows:
  [d.] 3. A. Consistent with the federal gun-free schools act  of  nine-
teen  hundred  ninety-four,  any  public  school  [pupil] STUDENT who is
determined under [this] subdivision TWO OF THIS SECTION to have  brought
a  weapon to school shall be suspended for a period of not less than one
calendar year and any nonpublic school [pupil] STUDENT participating  in
a  program  operated  by  a  public school district using funds from the
elementary and secondary education act of  nineteen  hundred  sixty-five
who  is  determined under [this] subdivision TWO OF THIS SECTION to have
brought a weapon to a public school or other premises used by the school
district to provide such programs shall be suspended for a period of not
less than one calendar year from  participation  in  such  program.  The
procedures  of  this  subdivision  shall apply to such a suspension of a
nonpublic school [pupil] STUDENT.  A superintendent of schools, district
superintendent of schools or community  superintendent  shall  have  the
authority  to  modify  this suspension requirement for each student on a
case-by-case basis. The  determination  of  a  superintendent  shall  be
subject  to  review  by the board of education, BOARD OF TRUSTEES, OTHER
GOVERNING BODY OR THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE
OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, pursuant  to  para-
graph  c  of [this] subdivision TWO OF THIS SECTION and the commissioner
pursuant to section three hundred ten of this chapter. Nothing  in  this
subdivision  shall  be  deemed  to authorize the suspension of a student
with a disability in violation  of  the  individuals  with  disabilities
education  act  or article eighty-nine of this chapter. A superintendent
shall refer the [pupil] STUDENT under the age of sixteen  who  has  been

S. 3036--A                         23

determined  to  have  brought  a weapon to school in violation of [this]
subdivision TWO OF THIS SECTION to a presentment agency for  a  juvenile
delinquency proceeding consistent with article three of the family court
act  except a student fourteen or fifteen years of age who qualifies for
juvenile offender status under subdivision forty-two of section 1.20  of
the  criminal  procedure  law.  A superintendent shall refer any [pupil]
STUDENT sixteen years of age or older or a student fourteen  or  fifteen
years  of  age who qualifies for juvenile offender status under subdivi-
sion forty-two of section 1.20 of the criminal procedure  law,  who  has
been  determined  to  have  brought  a  weapon to school in violation of
[this] subdivision TWO OF THIS SECTION to the appropriate  law  enforce-
ment officials.
  B. NOTHING IN THIS PARAGRAPH SHALL BE DEEMED TO MANDATE SUCH ACTION BY
A  SCHOOL DISTRICT OR CHARTER SCHOOL PURSUANT TO SUBDIVISION TWO OF THIS
SECTION WHERE SUCH WEAPON OR FIREARM IS POSSESSED OR BROUGHT  TO  SCHOOL
WITH  THE  WRITTEN  AUTHORIZATION  OF  SUCH EDUCATIONAL INSTITUTION IN A
MANNER AUTHORIZED BY ARTICLE TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW FOR
ACTIVITIES APPROVED AND AUTHORIZED BY THE BOARD OF  TRUSTEES,  BOARD  OF
EDUCATION,  OTHER  GOVERNING  BODY  OR THE CHANCELLOR OF THE CITY SCHOOL
DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK
AND SUCH GOVERNING BODY ADOPTS APPROPRIATE SAFEGUARDS TO ENSURE  STUDENT
SAFETY.
  C. AS USED IN THIS PARAGRAPH:
  (1)  "FIREARM"  SHALL  MEAN  A  FIREARM  AS DEFINED IN SUBSECTION A OF
SECTION NINE HUNDRED TWENTY-ONE OF TITLE EIGHTEEN OF THE  UNITED  STATES
CODE; AND
  (2)  "WEAPON"  SHALL  BE  AS DEFINED IN PARAGRAPH 2 OF SUBSECTION G OF
SECTION NINE HUNDRED THIRTY OF TITLE EIGHTEEN OF THE UNITED STATES CODE.
  [f.] 5. DEFINITION. Whenever the term "board of  education,  BOARD  OF
TRUSTEES,  OTHER  GOVERNING  BODY,  THE  CHANCELLOR  OF  THE CITY SCHOOL
DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT  OF  THE  CITY  OF  NEW
YORK,  or  superintendent  of  schools"  is  used  in this [subdivision]
SECTION, it shall be deemed to include CHARTER SCHOOLS, community boards
of education and community superintendents governing community districts
in accordance with the provisions of article fifty-two-A of  this  chap-
ter.  [For  the  purpose  of this subdivision, the term "weapon" means a
firearm as such term is defined in section nine  hundred  twenty-one  of
title eighteen of the United States code.]
  §  6.  Paragraph  g  of subdivision 3 of section 3214 of the education
law, as amended by chapter 181 of the  laws  of  2000,  clause  (ii)  of
subparagraph 3 as amended by chapter 380 of the laws of 2001, is amended
to read as follows:
  [g.] 6. Discipline of students with disabilities and students presumed
to  have  a disability for discipline purposes. [(1)] A. Notwithstanding
any other provision of this [subdivision] SECTION  to  the  contrary,  a
student  with a disability as such term is defined in section forty-four
hundred one of this chapter and a student presumed to have a  disability
for  discipline  purposes,  may  be suspended or removed from his or her
current educational placement for violation of [school rules  only]  THE
CODE  OF  CONDUCT  in accordance with the procedures established in this
section, the regulations of the commissioner  implementing  this  [para-
graph]  SECTION,  and subsection (k) of section fourteen hundred fifteen
of title twenty of the United States code and  the  federal  regulations
implementing  such statute, as such federal law and regulations are from
time to time amended. Nothing  in  this  [paragraph]  SECTION  shall  be
construed  to  confer greater rights on such students than are conferred

S. 3036--A                         24

under applicable federal law and regulations, or to limit the ability of
a school district to change the educational placement of a student  with
a disability in accordance with the procedures in article eighty-nine of
this chapter.
  [(2)] B. As used in this [paragraph;] SUBDIVISION:
  (1)  a "student presumed to have a disability for discipline purposes"
shall mean a student who the school district is deemed to have knowledge
was a student with a disability before the  behavior  that  precipitated
disciplinary  action  under the criteria in subsection (k)(8) of section
fourteen hundred fifteen of title twenty of the United States  code  and
the federal regulations implementing such statute[.]; AND
  (2)  A  "MANIFESTATION  TEAM"  MEANS  A  REPRESENTATIVE  OF THE SCHOOL
DISTRICT, THE PARENT  OR  PERSON  IN  PARENTAL  RELATION,  AND  RELEVANT
MEMBERS  OF  THE  COMMITTEE  ON  SPECIAL EDUCATION, AS DETERMINED BY THE
PARENT OR PERSON IN PARENTAL RELATION AND THE DISTRICT.
  [(3)] C. In applying the federal law consistent with this section:
  [(i)] (1) in the event of a conflict  between  the  procedures  estab-
lished  in  this  section  and  those  established  in subsection (k) of
section fourteen hundred fifteen of title twenty of  the  United  States
code and the federal regulations implementing such statute, such federal
statute and regulations shall govern.
  [(ii)]  (2)  the BOARD OF trustees or board of education of any school
district, a district superintendent of schools or a  building  principal
shall have authority to order the placement of a student with a disabil-
ity into an appropriate interim alternative educational setting, another
setting or suspension for a period not to exceed five consecutive school
days  where  such student is suspended pursuant to this subdivision and,
except as otherwise provided  in  [clause  (vi)]  PARAGRAPH  F  of  this
[subparagraph]  SUBDIVISION,  the suspension does not result in a change
in placement under federal law.
  [(iii)] (3) the superintendent of schools of a school district, either
directly or upon recommendation of a hearing officer designated pursuant
to paragraph c of [this] subdivision TWO OF THIS SECTION, may order  the
placement  of  a  student  with a disability into an interim alternative
educational setting, another setting or suspension for up to ten consec-
utive school days, inclusive of any  period  in  which  the  student  is
placed  in  an  appropriate  interim  alternative educational placement,
another setting or suspension pursuant to  clause  [(ii)]  TWO  of  this
subparagraph  for  the  behavior, where the superintendent determines in
accordance with the procedures set forth in this  subdivision  that  the
student  has  engaged  in behavior that VIOLATES THE CODE OF CONDUCT AND
warrants a suspension, and, except  as  otherwise  provided  in  [clause
(vi)]  PARAGRAPH  F  of  this [subparagraph] SUBDIVISION, the suspension
does not result in a change in placement under federal law.
  [(iv)] D. the superintendent of schools of a school  district,  either
directly or upon recommendation of a hearing officer designated pursuant
to  paragraph c of [this] subdivision TWO OF THIS SECTION, may order the
change in placement of a student with a disability to an interim  alter-
native  educational setting for up to forty-five days, but not to exceed
the period of suspension ordered by a superintendent in accordance  with
this subdivision, under the circumstances specified in subsection (k)(1)
of section fourteen hundred fifteen of title twenty of the United States
code and the federal regulations implementing such statute.
  [(v)] E. the terms "day," "business day," and "school day" shall be as
defined  in  section  300.9  of title thirty-four of the code of federal
regulations.

S. 3036--A                         25

  [(vi)] F. notwithstanding any other provision of this  subdivision  to
the contrary, upon a determination by the committee on special education
that the behavior of a student with a disability was not a manifestation
of the student's disability, such student may be disciplined pursuant to
this  section  in  the same manner as a nondisabled student, except that
such student shall continue to receive services to the  extent  required
under federal law and regulations.
  [(vii)] G. an impartial hearing officer appointed pursuant to subdivi-
sion  one of section forty-four hundred four of this chapter may order a
change in placement of a student with a  disability  to  an  appropriate
interim  alternative  educational  setting  for not more than forty-five
days under the circumstances specified in subsections (k)(2) and  (k)(7)
of section fourteen hundred fifteen of title twenty of the United States
code  and  the  federal regulations implementing such statutes, provided
that such procedure may be repeated, as necessary.
  [(viii)] H. nothing in this section shall be  construed  to  authorize
the suspension or removal of a student with a disability from his or her
current  educational placement [for violation of school rules] following
a determination by the committee on special education that the  behavior
is  a  manifestation  of  the student's disability, except as authorized
under federal law and regulations.
  [(ix)] I. the commissioner shall implement this paragraph by  adopting
regulations  which  coordinate the procedures required for discipline of
students with disabilities, and students presumed to have  a  disability
for  discipline purposes, pursuant to subsection (k) of section fourteen
hundred fifteen of title twenty of the United States code and the feder-
al regulations implementing such statute, with  the  general  procedures
for student discipline under this section.
  §  7.  Paragraphs a, b and c of subdivision 3-a of section 3214 of the
education law, as added by chapter 181 of the laws of 2000, are  amended
to read as follows:
  [a.]  B.  Such teacher shall inform the [pupil] STUDENT, THE PARENT OR
PERSON IN PARENTAL RELATION TO THE STUDENT and the school  principal  of
the  reasons  for  the removal.   [If the teacher finds that the pupil's
continued presence in the classroom does not pose a continuing danger to
persons or property and does not present an ongoing threat of disruption
to the academic process,  the  teacher  shall,  prior  to  removing  the
student  from  the classroom, provide the student with an explanation of
the basis for the removal and allow the pupil to informally present  the
pupil's  version  of  relevant  events.  In all other cases, the teacher
shall provide the pupil with an explanation of the basis for the removal
and an informal opportunity to be heard within twenty-four hours of  the
pupil's removal.
  b.]  C.  The  principal  shall inform the PARENT OR person in parental
relation to such [pupil] STUDENT of the removal and the reasons therefor
within twenty-four hours  of  the  [pupil's]  STUDENT'S  removal.    The
[pupil]  STUDENT  and  the  PARENT OR person in parental relation shall,
upon request, be given an opportunity for an  informal  conference  with
the  principal  to  discuss  the  reasons for the removal. [If the pupil
denies the charges, the] THE principal shall provide an  explanation  of
the basis for the removal and allow the [pupil] STUDENT and/or PARENT OR
person  in  parental  relation  to the [pupil] STUDENT an opportunity to
present  the  [pupil's]  STUDENT'S  version  of  relevant  events.  Such
informal  [hearing] CONFERENCE shall be held within forty-eight hours of
the [pupil's] STUDENT'S removal, PROVIDED THAT IF SUCH FORTY-EIGHT  HOUR
PERIOD  DOES NOT END ON A SCHOOL DAY, IT SHALL BE EXTENDED TO THE CORRE-

S. 3036--A                         26

SPONDING TIME ON THE  SECOND  SCHOOL  DAY  NEXT  FOLLOWING  THE  PUPIL'S
STUDENT'S  REMOVAL.  A  PARENT  OR  PERSON  IN  PARENTAL RELATION TO THE
STUDENT MAY REQUEST THAT THE INFORMAL CONFERENCE TAKE PLACE  LATER  THAN
FORTY-EIGHT  HOURS  AFTER  THE  STUDENT'S  REMOVAL. FOR PURPOSES OF THIS
SUBDIVISION, "SCHOOL DAY" SHALL MEAN A SCHOOL DAY AS DEFINED PURSUANT TO
PARAGRAPH E OF SUBDIVISION SIX OF THIS SECTION.
  [c.] D. The principal shall not set aside the  discipline  imposed  by
the  teacher  unless  the  principal  finds that the charges against the
[pupil] STUDENT are not supported by substantial evidence  or  that  the
[pupil's] STUDENT'S removal is otherwise in violation of law or that the
conduct  warrants  suspension from school pursuant to this section and a
suspension will be imposed.  The principal's determination made pursuant
to this paragraph shall be made by the close  of  business  on  the  day
succeeding the forty-eight hour period for an informal [hearing] CONFER-
ENCE contained in paragraph [b] C of this subdivision.
  §  8.  Clause (j) of subparagraph 3 of paragraph b of subdivision 1 of
section 4402 of the education law, as added by chapter 311 of  the  laws
of 1999, is amended to read as follows:
  (j)  In  accordance  with  the  regulations  of  the  commissioner and
subsection (k) of section fourteen hundred fifteen of  title  twenty  of
the  United  States  code  and  the implementing federal regulations, to
conduct a review to determine whether behavior of a student with a disa-
bility which violates the applicable school rules or code of conduct and
results in a change in placement under federal law,  including  but  not
limited  to  placement  in  an  interim  alternative educational setting
pursuant to [clause (iv) or (vii) of subparagraph three of paragraph  g]
PARAGRAPHS  D  OR  G  of  subdivision  [three] SIX of section thirty-two
hundred fourteen of this chapter, was a manifestation of  the  student's
disability,  provided that other qualified school district personnel may
participate in such review.
  § 9. Paragraph b of subdivision 4 of section  4404  of  the  education
law,  as  amended by chapter 378 of the laws of 2007, is amended to read
as follows:
  b. For students with disabilities placed  in  an  interim  alternative
educational  setting  pursuant  to [clause (iv) or (vii) of subparagraph
three of paragraph g] PARAGRAPHS D OR G of subdivision  [three]  SIX  of
section thirty-two hundred fourteen of this chapter, during the pendency
of  proceedings  conducted pursuant to this section in which the parents
or persons in parental relation challenge the interim alternative educa-
tional setting or  a  manifestation  determination,  the  student  shall
remain  in the interim alternative educational setting pending the deci-
sion of the impartial hearing officer or until expiration  of  the  time
period  of the student's placement in an interim alternative educational
setting, whichever comes first, unless the local school district and the
parents or persons in parental relation otherwise agree. After the expi-
ration of such placement in an interim alternative educational  setting,
if  the  school  district  proposes  to  change the student's placement,
during the pendency of any proceedings to challenge the proposed  change
in  placement,  the  student  shall  return to and remain in the current
educational placement, which shall be the student's placement  prior  to
the  interim  alternative  educational  setting, unless the local school
district and the parents or persons in parental relation otherwise agree
or unless as a result of a decision by an impartial hearing  officer  in
an  expedited  hearing,  the  interim alternative educational setting is
extended for a period not to exceed forty-five school days  based  on  a
determination  that maintaining the current educational placement of the

S. 3036--A                         27

student is substantially likely to result in injury to the student or to
others. Such procedure for extension of an  interim  alternative  educa-
tional setting may be repeated as necessary.
  §  10.  Paragraph  b of subdivision 4 of section 4404 of the education
law, as amended by chapter 311 of the laws of 1999, is amended  to  read
as follows:
  b.  For  students  with  disabilities placed in an interim alternative
educational setting pursuant to [clause (iv) or  (vii)  of  subparagraph
three  of  paragraph  g] PARAGRAPHS D OR G of subdivision [three] SIX of
section thirty-two hundred fourteen of this chapter, during the pendency
of proceedings conducted pursuant to this section in which  the  parents
or  persons  in  parental relationship challenge the interim alternative
educational setting or a manifestation determination, the student  shall
remain  in the interim alternative educational setting pending the deci-
sion of the hearing officer or until expiration of the  time  period  of
the  student's  interim  alternative  placement,  whichever comes first,
unless the local school district and the parents or persons in  parental
relationship  otherwise  agree.  After  the  expiration  of such interim
alternative educational placement, if the school  district  proposes  to
change  the  student's placement, during the pendency of any proceedings
to challenge the proposed change in placement, the student shall  return
to  and  remain in the current educational placement, which shall be the
student's  placement  prior  to  the  interim  alternative   educational
setting,  unless the local school district and the parents or persons in
parental relationship otherwise agree or unless as a result of  a  deci-
sion by an impartial hearing officer in an expedited hearing, the inter-
im  alternative  educational  setting is extended or another appropriate
placement is ordered for a period not to exceed forty-five days based on
a determination that maintaining the current  educational  placement  of
the  student  is substantially likely to result in injury to the student
or to others. Such procedure for extension  of  an  interim  alternative
educational setting may be repeated as necessary.
  § 11. This act shall take effect immediately; provided, however that:
  a.  the  amendments  to subdivision 3 of section 2801 of the education
law made by section one of this act shall be subject to  the  expiration
and  reversion  of such subdivision pursuant to section 34 of chapter 91
of the laws of 2002, as amended, when upon such date the  provisions  of
section two of this act shall take effect;
  b. the amendments to subparagraph 1 of paragraph c of subdivision 3 of
section  3214  of  the  education  law made by section three 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 four  of
this act shall take effect;
  c.  the  amendments  to paragraphs d and f of subdivision 3 of section
3214 of the education law made by section three of  this  act  shall  be
subject  to  the expiration and reversion of such paragraphs pursuant to
section 4 of chapter 425 of the laws of 2002, as amended, when upon such
date the provisions of section five of this act shall take effect;
  d. the amendments to paragraph g of subdivision 3 of section  3214  of
the  education law made by section three of this act shall be subject to
the expiration and reversion of such paragraph pursuant to section 22 of
chapter 352 of the laws of 2005, as amended, and shall be subject to the
expiration and reversion of clause (v) of subparagraph 3 of  such  para-
graph pursuant to subdivision d of section 27 of chapter 378 of the laws

S. 3036--A                         28

of  2007,  as amended, when upon such date the provisions of section six
of this act shall take effect;
  e.  the  amendments  to  paragraphs  a,  b and c of subdivision 3-a of
section 3214 of the education law made by  section  three  of  this  act
shall  be  subject  to  the  expiration and reversion of such paragraphs
pursuant to section 12 of chapter 147 of the laws of 2001,  as  amended,
when  upon  such  date the provisions of section seven of this act shall
take effect;
  f. the amendments to subdivision 7 of section 3214  of  the  education
law,  made  by section three of this act, shall not affect the repeal of
such subdivision and shall be deemed repealed therewith;
  g. the amendments to clause (j) of subparagraph 3 of  paragraph  b  of
subdivision 1 of section 4402 of the education law made by section eight
of  this  act  shall  take  effect  on the same date as the reversion of
clause (j) of subparagraph 3 of paragraph b of subdivision 1 of  section
4402  of  the  education law as provided in section 22 of chapter 352 of
the laws of 2005, as amended and section 27 of chapter 378 of  the  laws
of 2007, as amended; and
  h.  the  amendments to paragraph b of subdivision 4 of section 4404 of
the education law made by section nine of this act shall be  subject  to
the expiration and reversion of such paragraph pursuant to section 22 of
chapter  352  of  the  laws  of  2005,  as amended, and subdivision d of
section 27 of chapter 378 of the laws of 2007,  as  amended,  when  upon
such date the provisions of section ten of this act shall take effect.