LBD06645-01-1
A. 5197 2
CASE OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, AND EVERY
board of cooperative educational services and [county vocational exten-
sion board] CHARTER SCHOOL, shall adopt and amend, as appropriate, a
code of conduct for the maintenance of order on school property, includ-
ing a school function, which shall PROMOTE AND SUSTAIN A SAFE, RESPECT-
FUL, AND SUPPORTIVE SCHOOL ENVIRONMENT AND govern the conduct of
students, teachers and other school personnel as well as visitors and
shall provide for the enforcement thereof. Such policy may be adopted by
the [school] board OF EDUCATION or trustees, OR THE CHANCELLOR OF THE
CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY
OF NEW YORK, OR OTHER GOVERNING BODY only after at least one public
hearing that provides for the participation of school personnel,
parents, students and any other interested parties BEFORE ITS ADOPTION.
THE SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR CHAR-
TER SCHOOL SHALL NOTIFY THE SCHOOL COMMUNITY AND GENERAL PUBLIC ABOUT
THE HEARING AT LEAST FIFTEEN DAYS PRIOR TO THE DATE OF THE HEARING. SUCH
NOTICE SHALL INCLUDE THE DATE, TIME, AND PLACE OF THE HEARING, THE AGEN-
DA, A COPY OF THE PROPOSED CODE OF CONDUCT, AND INFORMATION ABOUT A
PUBLIC COMMENT PERIOD AS DETERMINED BY THE SCHOOL DISTRICT, BOARD OF
COOPERATIVE EDUCATIONAL SERVICES, OR CHARTER SCHOOL. THE SCHOOL
DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR CHARTER SCHOOL
SHALL TAKE NECESSARY STEPS TO NOTIFY FAMILIES WHO DO NOT SPEAK ENGLISH
AND WHOSE CHILDREN ATTEND A SCHOOL IN THE DISTRICT, A BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES, OR A CHARTER SCHOOL. Such code of conduct
shall DEFINE VIOLATIONS OF THE CODE OF CONDUCT AND SET CLEAR EXPECTA-
TIONS FOR STUDENT CONDUCT ON SCHOOL PROPERTY, INCLUDING AT SCHOOL FUNC-
TIONS, AND SHALL include, at a minimum:
a. provisions regarding conduct, dress and language deemed appropriate
and acceptable on school property, including a school function, and
conduct, dress and language deemed unacceptable and inappropriate on
school property, including a school function[, and];
B. provisions regarding acceptable civil and respectful treatment of
teachers, school administrators, other school personnel, students and
visitors on school property[, including a] AND AT school [function]
FUNCTIONS, including [the appropriate] A range of AGE-APPROPRIATE GRADU-
ATED AND PROPORTIONATE disciplinary measures which [may be imposed for
violation of such] MUST BE CONSIDERED IN RESPONDING TO A code VIOLATION,
and the roles of teachers, administrators, other school personnel, the
board of education OR TRUSTEES, OR THE CHANCELLOR OF THE CITY SCHOOL
DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK, OR OTHER GOVERNING BODY, and parents.
B-1. PROVISIONS THAT REQUIRE SCHOOLS TO USE THE LEAST SEVERE ACTION
NECESSARY TO RESPOND TO ANY VIOLATION OF THE CODE OF CONDUCT BEFORE
IMPOSING A REMOVAL OR SUSPENSION. SUCH OPTIONS MAY INCLUDE RESTORATIVE
PRACTICES, SOCIAL AND EMOTIONAL SUPPORTS, AND OTHER INTERVENTIONS.
RESTORATIVE PRACTICES MAY INCLUDE CLASS MEETINGS, FACILITATED CIRCLES,
CONFERENCES, PEER MEDIATION, AND OTHER INTERVENTIONS THAT CAN EFFEC-
TIVELY ADDRESS STUDENT MISCONDUCT, HOLD STUDENTS ACCOUNTABLE FOR THEIR
BEHAVIOR, AND FOSTER HEALTHY RELATIONSHIPS WITHIN THE SCHOOL COMMUNITY.
NO STUDENT, HOWEVER, SHALL BE REQUIRED TO PARTICIPATE IN A RESTORATIVE
PRACTICE WITHOUT THEIR CONSENT. REASONABLE ATTEMPTS SHALL ALSO BE MADE
TO OBTAIN THE CONSENT OF THEIR PARENTS OR PERSONS IN PARENTAL RELATIONS;
[b.] B-2. PROVISIONS THAT PROHIBIT CLASSROOM REMOVALS AND SUSPENSIONS
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;
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B-3. PROVISIONS THAT PROHIBIT SUSPENSIONS FOR INITIAL OR REPEATED ACTS
OF WILLFUL DISOBEDIENCE. "WILLFUL DISOBEDIENCE" SHALL MEAN DISRUPTIVE,
INSUBORDINATE, OR ROWDY BEHAVIOR, INCLUDING BEHAVIORS SUCH AS THE USE OF
FOUL OR INAPPROPRIATE LANGUAGE, GESTURES, COMMENTS, OR REFUSAL TO FOLLOW
DIRECTIONS;
C. PROVISIONS THAT PROHIBIT THE SUSPENSION OF STUDENTS IN PRE-KINDER-
GARTEN THROUGH GRADE THREE, EXCEPT IF SUSPENSION IS NECESSARY TO COMPLY
WITH APPLICABLE FEDERAL LAWS;
D. standards and procedures to assure security and safety of students
and school personnel;
[c.] E. provisions for the removal from the classroom and from school
property, including a school function, of students and other persons who
violate the code OF CONDUCT;
[d.] F. 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.] G. provisions for detention, suspension and removal from the
classroom of students, consistent with section thirty-two hundred four-
teen of this chapter and other applicable federal, state and local laws
[including];
H. provisions for the school authorities to establish policies and
procedures to ensure the provision of continued educational programming
and activities for students removed from the classroom, placed in
detention, or suspended from school. WHEN A STUDENT IS SUSPENDED FROM
SCHOOL OR REMOVED FROM THE CLASSROOM, THE PRINCIPAL, OR THE PRINCIPAL'S
DESIGNEE, IN CONSULTATION WITH THE STUDENT'S TEACHERS, SHALL, WITHIN
TWENTY-FOUR HOURS, CREATE AN EDUCATION PLAN FOR THE STUDENT FOR EACH
CLASS IN WHICH THE STUDENT IS ENROLLED, 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 EDUCATION PLAN SHALL
MAKE PROVISIONS FOR A STUDENT'S ON-GOING ACADEMIC INSTRUCTION DURING THE
REMOVAL OR SUSPENSION AND SHALL INCLUDE THE STEPS THE SCHOOL WILL TAKE
TO PROVIDE THE STUDENT WITH A SUCCESSFUL RE-ENTRY TO SCHOOL. THE STUDENT
SHALL HAVE THE OPPORTUNITY TO EARN ALL ACADEMIC CREDIT HE OR SHE WOULD
HAVE BEEN ELIGIBLE TO EARN HAD HE OR SHE BEEN IN CLASS, INCLUDING THE
OPPORTUNITY TO COMPLETE ANY MISSED ASSIGNMENTS OR TAKE ANY MISSED EXAM-
INATIONS OR ASSESSMENTS DURING THE STUDENT'S REMOVAL OR SUSPENSION. IF
AN EXAMINATION OR ASSESSMENT CANNOT BE RESCHEDULED, THE STUDENT SHALL BE
ALLOWED ON SCHOOL PROPERTY TO TAKE SUCH ASSESSMENT OR EXAMINATION ON THE
DAY AND TIME THAT THE ASSESSMENT OR EXAMINATION IS GIVEN;
[f.] I. procedures by which violations OF THE CODE OF CONDUCT are
reported TO THE APPROPRIATE SCHOOL PERSONNEL, THE FACTS ARE INVESTIGATED
AND determined, AND discipline measures [imposed and discipline measures
carried out] ARE DETERMINED AND IMPLEMENTED;
[g.] J. provisions ensuring such code and the enforcement thereof are
in compliance 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.] K. provisions setting forth the circumstances under and procedures
by which PARENTS OR persons in parental relation to the student ACCUSED
OF VIOLATING THE CODE OF CONDUCT shall be notified of SUCH code OF
CONDUCT violations INCLUDING NOTICE THAT ANY STATEMENT BY THE STUDENT,
WRITTEN OR ORAL, MAY BE USED AGAINST THE STUDENT IN A CRIMINAL, IMMI-
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GRATION, OR JUVENILE DELINQUENCY INVESTIGATION AND/OR PROCEEDING AND/OR
IN A COURT OF LAW;
[j.] L. provisions setting forth the circumstances under and proce-
dures by which a [complaint in criminal court, a juvenile delinquency
petition] STUDENT MAY BE REFERRED TO LAW ENFORCEMENT, CONSISTENT WITH
THE PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED ONE-A OF THIS ARTICLE, or
REFERRED FOR A person in need of supervision petition as defined in
articles three and seven of the family court act will be filed;
[k.] M. circumstances under and procedures by which [referral to] A
STUDENT MAY BE REFERRED TO ACADEMIC SERVICES, SCHOOL-BASED SUPPORT
SERVICES, OR appropriate human service agencies [shall be made]; AND
[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
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. provisions to comply with article two of this chapter.
3. The [district] code of conduct shall be developed in collaboration
with [student, teacher, administrator, and parent organizations] REPRE-
SENTATIVES FROM INTERESTED STAKEHOLDERS INCLUDING, BUT NOT LIMITED TO,
STUDENTS, TEACHERS, ADMINISTRATORS, PARENTS, school safety personnel,
COLLECTIVE BARGAINING UNITS, and other school personnel and shall be
approved by the board of education OR TRUSTEES, [or] 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 education
council shall be authorized to adopt and implement additional policies,
which are consistent with 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-A. THE BOARD OF EDUCATION OR TRUSTEES, CHANCELLOR OF THE CITY SCHOOL
DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK, OR OTHER GOVERNING BODY SHALL PROVIDE PROFESSIONAL DEVELOPMENT IN
ACCORDANCE WITH THIS SECTION FOR 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,
THE USE OF INTERVENTIONS, AND GRADUATED AND PROPORTIONATE DISCIPLINE.
4. [The] AT THE BEGINNING OF EACH SCHOOL YEAR, THE board of education
OR TRUSTEES, chancellor OF THE CITY SCHOOL DISTRICT IN THE CASE OF THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, or other governing body
shall: TRANSLATE THE CODE OF CONDUCT INTO AT LEAST THE THREE MOST
COMMONLY SPOKEN LANGUAGES OF THE CHILDREN ATTENDING THE SCHOOL DISTRICT,
BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR CHARTER SCHOOL, POST THE
CODE OF CONDUCT ON THE SCHOOL DISTRICT'S, CHARTER SCHOOL'S OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES WEBSITE, 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
A. 5197 5
to persons in parental relation to students at the beginning of each
school year, and shall] OR CLASSROOM LESSON, mail a plain language
summary of such code to all PARENTS OR persons in parental relation to
students before the beginning of each school year, and make it available
thereafter upon request. The board of education OR TRUSTEES, THE chan-
cellor OF THE CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK, or other governing body shall take
reasonable steps to ensure community awareness of the code OF CONDUCT'S
provisions.
5. a. The board of education OR TRUSTEES, THE chancellor OF THE CITY
SCHOOL DISTRICT IN THE CASE OF THE CITY OF NEW YORK or other governing
body shall annually review and update the district's codes of conduct if
necessary, taking into consideration the effectiveness of code OF
CONDUCT provisions and the fairness and consistency of its adminis-
tration. Each school district is authorized to establish a committee and
to facilitate the review of the code of conduct and the district's
response to code of conduct violations. Any such committee shall be
comprised of similar individuals described in subdivision three of this
section. The [school] board OF EDUCATION OR TRUSTEES, THE chancellor OF
THE CITY SCHOOL DISTRICT IN THE CASE OF THE CITY OF NEW YORK, or other
governing body shall reapprove any such updated code only after at least
one public hearing that provides for the participation of school person-
nel, parents, students and any other interested parties.
b. Each district, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND CHAR-
TER SCHOOL shall file a copy of its codes of conduct with the commis-
sioner and [all] ANY amendments to such code shall be filed with the
commissioner no later than thirty days after their adoption.
§ 3. 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. The [district] code of conduct shall be developed in collaboration
with [student, teacher, administrator, and parent organizations] REPRE-
SENTATIVES FROM INTERESTED STAKEHOLDERS INCLUDING, BUT NOT LIMITED TO,
STUDENTS, TEACHERS, ADMINISTRATORS, PARENTS, school safety personnel,
COLLECTIVE BARGAINING UNITS, and other school personnel and shall be
approved by the board of education OR TRUSTEES, [or] 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 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. 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 placement, suspensions and transfers. 1. [School
delinquent. A minor under seventeen years of age, required by any of the
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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 disruptive or violent
during such attendance, is a school delinquent.
2. Special day schools] ALTERNATIVE LEARNING SCHOOLS. The school
authorities of any city [or], school district, BOARD OF COOPERATIVE
EDUCATIONAL SERVICES, OR CHARTER SCHOOL may establish schools or set
apart rooms in [public] school buildings OR PROPERTIES for the instruc-
tion of [school delinquents] STUDENTS REMOVED OR SUSPENDED FOR
VIOLATIONS OF THE CODE OF CONDUCT, 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;
(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.] 2. Suspension of a [pupil] STUDENT. a. (1) The board of educa-
tion[, board of] OR trustees [or sole trustee], THE CHANCELLOR OF THE
CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY
OF NEW YORK, OTHER GOVERNING BODY, the superintendent of schools,
district superintendent of schools or principal of a school may suspend
[the following pupils] STUDENTS from required attendance upon instruc-
tion[:
A pupil who is insubordinate or disorderly or violent or disruptive,
or whose conduct otherwise endangers the safety, morals, health or
welfare of others] AS PROVIDED IN PARAGRAPHS B, C, AND D OF THIS SUBDI-
VISION, IN ACCORDANCE WITH THE CODE OF CONDUCT, PROVIDED THAT THE
SUSPENSION OF SUCH STUDENT IS NOT PROHIBITED BY SECTION TWENTY-EIGHT
HUNDRED ONE OF THIS CHAPTER.
(2) SCHOOL OFFICIALS SHALL WEIGH THE LIKELIHOOD THAT A LESSER INTER-
VENTION OR DISCIPLINE WOULD ADEQUATELY ADDRESS THE STUDENT'S MISCONDUCT,
REDRESS ANY HARM OR DAMAGE, AND PREVENT FUTURE VIOLATIONS OF THE CODE OF
CONDUCT. SUSPENSIONS SHALL ONLY BE USED AS A LAST RESORT.
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(3) THE SCHOOL SHALL CONDUCT AN INVESTIGATION OF ANY REPORT OF A
VIOLATION OF THE CODE OF CONDUCT.
(4) THE SCHOOL SHALL INFORM ANY STUDENT THAT SUBMISSION OF A WRITTEN
STATEMENT IS VOLUNTARY AND THAT ANY STATEMENT BY THE STUDENT, WRITTEN OR
ORAL, MAY BE USED AGAINST THE STUDENT IN A CRIMINAL, IMMIGRATION, OR
JUVENILE DELINQUENCY INVESTIGATION AND/OR PROCEEDING AND/OR IN A COURT
OF LAW. 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 WHERE THERE IS IMMINENT RISK OF
SERIOUS PHYSICAL INJURY TO THE STUDENT OR OTHER PERSON OR PERSONS.
b. [(1)] IN CONSIDERING APPROPRIATE DISCIPLINE MEASURES, SCHOOL
AUTHORITIES SHALL CONSIDER THE FACTS OF EACH CASE, INCLUDING, BUT NOT
LIMITED TO:
(1) 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;
(2) 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;
(3) THE STUDENT'S WILLINGNESS TO RESOLVE THE CONFLICT AND REPAIR ANY
HARM OR DAMAGE;
(4) THE STUDENT'S PRIOR CONDUCT, THE APPROPRIATENESS OF PRIOR INTER-
VENTIONS, AND THE EFFECTIVENESS OF ANY PRIOR INTERVENTIONS;
(5) THE RELATIONSHIP, IF ANY, BETWEEN THE STUDENT'S ACADEMIC PLACEMENT
AND PROGRAM AND THE ALLEGED VIOLATION OF THE CODE OF CONDUCT; AND
(6) OTHER FACTORS DETERMINED TO BE RELEVANT.
C. The board of education[, board of] OR trustees, [or sole trustee,]
THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE OF THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK, OTHER GOVERNING BODY, super-
intendent of schools, district superintendent of schools and the princi-
pal of the school where the [pupil] STUDENT attends shall have the power
to suspend a [pupil] STUDENT for a period not to exceed five school days
PROVIDED THAT THE SUSPENSION OF SUCH STUDENT IS NOT PROHIBITED BY
SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER. In the case of such a
suspension, the suspending authority shall provide the [pupil] STUDENT
with WRITTEN notice of the charged misconduct INCLUDING A BRIEF EXPLANA-
TION OF THE BASIS FOR THE SUSPENSION AND A 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, THE
RIGHT TO APPEAL A SUSPENSION, AND THE PROCEDURES FOR APPEAL. [If the
pupil denies the misconduct, the suspending authority shall provide an
explanation 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 TO BE REPRESENTED BY AN ATTORNEY OR ADVOCATE. The afore-
said notice and opportunity for an informal conference shall take place
prior to suspension of the [pupil] STUDENT unless the [pupil's]
STUDENT'S presence in the school poses a continuing danger to persons or
property or an ongoing threat of disruption to the academic process, in
which case the [pupil's] STUDENT'S notice and opportunity for an
A. 5197 8
informal conference shall take place as soon after the suspension BEGINS
as is reasonably practicable.
[(2) A teacher shall immediately report and refer a violent pupil
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)] D. THE BOARD OF EDUCATION OR TRUSTEES, THE CHANCELLOR OF THE
CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY
OF NEW YORK, OTHER GOVERNING BODY, SUPERINTENDENT OF SCHOOLS, OR
DISTRICT SUPERINTENDENT OF SCHOOLS, SHALL HAVE THE POWER TO SUSPEND A
STUDENT FOR A PERIOD NOT TO EXCEED TWENTY SCHOOL DAYS, PROVIDED THAT THE
SUSPENSION OF SUCH STUDENT IS NOT PROHIBITED BY PARAGRAPH C OF SUBDIVI-
SION TWO OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER. No [pupil]
STUDENT may be suspended for a period in excess of five school days
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 WRITTEN notice, [at] which SHALL INCLUDE A
BRIEF DESCRIPTION OF THE FACTS UPON WHICH THE ALLEGED VIOLATIONS OF THE
CODE OF CONDUCT ARE BASED, THE SECTION OF THE CODE OF CONDUCT THAT THE
STUDENT IS ALLEGED TO HAVE VIOLATED, AND THE DATE, TIME AND PLACE OF THE
HEARING. PRIOR TO THE HEARING, COPIES OF ALL EVIDENCE REGARDING THE
ALLEGED INCIDENT SHALL BE PROVIDED TO THE STUDENT AND PARENT OR PERSON
IN PARENTAL RELATION TO THE STUDENT. THE HEARING SHALL BE CONVENED WITH-
IN FIVE DAYS OF THE WRITTEN NOTICE, UNLESS THE PARENT OR PERSON IN
PARENTAL RELATION TO THE STUDENT OR STUDENT REQUESTS A LATER DATE. AT
THE HEARING, such [pupil] STUDENT shall have the right of representation
by [counsel] AN ATTORNEY OR ADVOCATE, 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] H of this subdivision shall also apply. Where a [pupil] STUDENT has
been suspended in accordance with this [subparagraph by a] PARAGRAPH,
THE BOARD OF EDUCATION OR TRUSTEES, THE CHANCELLOR OF THE CITY SCHOOL
DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK, OTHER GOVERNING BODY, superintendent of schools, district super-
intendent 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
ENTITY OR INDIVIDUAL THAT CONDUCTS THE hearing [officer] shall be
authorized to administer oaths and to issue subpoenas in conjunction
with the proceeding [before him or her]. A record of the hearing shall
be maintained, but no stenographic transcript shall be required and [a
tape] AN AUDIO recording shall be deemed a satisfactory record. The
ENTITY OR INDIVIDUAL THAT CONDUCTS THE hearing [officer] shall make
WRITTEN findings of fact BASED ON A PREPONDERANCE OF THE EVIDENCE and
SHALL MAKE recommendations as to the appropriate measure of discipline
[to the superintendent] IF ANY. The report of the hearing officer shall
be advisory only, and the BOARD OF EDUCATION OR TRUSTEES, THE CHANCELLOR
OF THE CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF
THE CITY OF NEW YORK, OTHER GOVERNING BODY, superintendent OF SCHOOLS OR
DISTRICT SUPERINTENDENT OF SCHOOLS 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 super-
intendent of schools] THE BOARD OF EDUCATION OR TRUSTEES, THE CHANCELLOR
A. 5197 9
OF THE CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF
THE CITY OF NEW YORK, OTHER GOVERNING BODY, SUPERINTENDENT OF SCHOOLS,
OR DISTRICT SUPERINTENDENT OF SCHOOLS SHALL ISSUE A WRITTEN DECISION TO
THE SCHOOL AND PARENT OR PERSON IN PARENTAL RELATION TO THE STUDENT
WITHIN THREE DAYS OF THE HEARING. THE WRITTEN DECISION SHALL STATE THE
LENGTH OF SUSPENSION, IF ANY, FINDINGS OF FACT, REASONS FOR DETERMI-
NATION, LENGTH OF SUSPENSION, IF ANY, 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, instru-
ments 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 appli-
ance as evidence, notwithstanding a determination by a court in a crimi-
nal or juvenile delinquency proceeding that the recovery of such weapon,
instrument or appliance was the result of an unlawful search or seizure.
[(2) Where a [pupil] STUDENT has been suspended in accordance with
this section by a board of education, the board may in its discretion
hear and determine 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 OR HER. 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 OR HERSELF with the
evidence in the case. The board may reject, confirm or modify the
conclusions of the hearing officer.
d.] E. (1) Consistent with the federal gun-free schools act, any
public school [pupil] STUDENT who is determined under this subdivision
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 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 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 OR 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 paragraph [c] D of this subdivision
and the commissioner pursuant to section three hundred ten of this chap-
ter. Nothing in this subdivision shall be deemed to authorize the
suspension of a student with a disability in violation of the individ-
uals 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 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
A. 5197 10
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
subdivision forty-two of section 1.20 of the criminal procedure law, who
has been determined to have brought a weapon or firearm to school in
violation of this subdivision to the appropriate law enforcement offi-
cials.
(2) Nothing in this paragraph shall be deemed to mandate such action
by a school district pursuant to subdivision one of this section where
such weapon or firearm is possessed or brought to school with the writ-
ten 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 trustees or board of education or other
governing body of the public school and such governing body adopts
appropriate safeguards to ensure student safety.
(3) As used in this paragraph:
(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.] F. Procedure after suspension. Where a [pupil] STUDENT has been
suspended pursuant to this subdivision and said [pupil is of compulsory
attendance age] STUDENT HAS THE LEGAL RIGHT TO ATTEND SCHOOL, immediate
steps shall be taken for his or her attendance upon instruction else-
where [or for supervision or detention of said pupil pursuant to the
provisions of article seven of the family court act]. Where a [pupil]
STUDENT has been suspended for cause, the suspension may be revoked by
the board of education OR 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, whenever it appears to be for the best
interest of the school and the [pupil] STUDENT to do so. The board of
education may OR TRUSTEES, THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN
THE CASE OF THE CITY SCHOOL DISTRICT FOR THE CITY OF NEW YORK, OR OTHER
GOVERNING BODY, also condition a student's early return to school and
suspension revocation on the [pupil's] STUDENT'S voluntary participation
in counseling or specialized classes, including anger management or
dispute resolution, where applicable.
[f.] G. Whenever the term "board of education or superintendent of
schools" is used in this subdivision, it shall be deemed to include
BOARD OF TRUSTEES, OTHER GOVERNING BODY, THE CHANCELLOR OF THE CITY
SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT FOR THE CITY OF
NEW YORK, community boards of education and community superintendents
governing community districts in accordance with the provisions of arti-
cle fifty-two-A of this chapter.
[g.] H. Discipline of students with disabilities and students presumed
to have a disability for discipline purposes. (1) Notwithstanding any
other provision of this subdivision 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 educa-
tional placement, PROVIDED THAT THE SUSPENSION OF SUCH STUDENT IS NOT
PROHIBITED BY SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER, for
violation of [school rules] THE CODE OF CONDUCT only in accordance with
the procedures established in this section, the regulations of the
A. 5197 11
commissioner implementing this paragraph, 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
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) As used in this paragraph:
[(1)] (I) 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
(ii) 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) In applying the federal law consistent with this section:
(i) in the event of a conflict between the procedures established in
this section and those established in subsection (k) of section fourteen
hundred fifteen of title twenty of the United States code and the feder-
al regulations implementing such statute, such federal statute and regu-
lations shall govern.
(ii) the BOARD OF trustees or board of education of any school
district, OTHER GOVERNING BODY, THE CHANCELLOR OF THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK, a district superintendent of schools
or a building principal shall have authority, PROVIDED THAT SUSPENSION
OF SUCH STUDENT IS NOT PROHIBITED BY PARAGRAPH C OF SUBDIVISION TWO OF
SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER, to order the placement
of a student with a disability into an appropriate interim alternative
educational setting, another setting or suspension, PROVIDED THAT THE
SUSPENSION OF SUCH STUDENT IS NOT PROHIBITED BY SECTION TWENTY-EIGHT
HUNDRED ONE OF THIS CHAPTER, 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) of this subparagraph,
the suspension does not result in a change in placement under federal
law.
(iii) 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, may order the placement of a student
with a disability into an interim alternative educational setting,
another setting or suspension, PROVIDED THAT THE SUSPENSION OF SUCH
STUDENT IS NOT PROHIBITED BY SECTION TWENTY-EIGHT HUNDRED ONE OF THIS
CHAPTER, for up to ten consecutive school days, inclusive of any period
in which the student is placed in an appropriate interim alternative
educational setting, another setting or suspension pursuant to clause
(ii) of this subparagraph for the behavior, where the superintendent
determines in accordance with the procedures set forth in this subdivi-
sion that the student has engaged in behavior that warrants a suspen-
sion, and, except as otherwise provided in clause (vi) of this subpara-
graph, the suspension does not result in a change in placement under
federal law.
A. 5197 12
(iv) 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, may order the change in placement of
a student with a disability to an interim alternative educational
setting for up to forty-five school days under the circumstances speci-
fied in subsection (k)(1)(G) of section fourteen hundred fifteen of
title twenty of the United States code and the federal 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 super-
intendent in accordance with this subdivision, PROVIDED THAT THE SUSPEN-
SION OF SUCH STUDENT IS NOT PROHIBITED BY SECTION TWENTY-EIGHT HUNDRED
ONE OF THIS CHAPTER.
(v) 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) 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 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, PROVIDED THAT
THE SUSPENSION OF SUCH STUDENT IS NOT PROHIBITED BY SECTION TWENTY-EIGHT
HUNDRED ONE OF THIS CHAPTER.
(vii) an impartial hearing officer appointed pursuant to subdivision
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, PROVIDED
THAT THE SUSPENSION OF SUCH STUDENT IS NOT PROHIBITED BY SECTION TWEN-
TY-EIGHT HUNDRED ONE OF THIS CHAPTER.
(viii) 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 manifesta-
tion of the student's disability, except as authorized under federal law
and regulations.
(ix) the commissioner shall implement this paragraph by adopting regu-
lations 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.] I. WHEN A STUDENT IS SUSPENDED FROM SCHOOL CONSISTENT WITH
THIS SECTION AND SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER, THE
PRINCIPAL, OR THE PRINCIPAL'S DESIGNEE, IN CONSULTATION WITH THE
STUDENT'S TEACHERS, SHALL WITHIN TWENTY-FOUR HOURS CREATE AN EDUCATION
PLAN FOR THE STUDENT FOR EACH CLASS IN WHICH THE STUDENT IS ENROLLED,
A. 5197 13
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 EDUCATION PLAN SHALL MAKE PROVISIONS FOR A STUDENT'S ON-GOING
ACADEMIC INSTRUCTION DURING THE SUSPENSION AND SHALL INCLUDE THE STEPS
THE SCHOOL WILL TAKE TO PROVIDE THE STUDENT WITH A SUCCESSFUL RE-ENTRY
TO SCHOOL. THE STUDENT SHALL HAVE THE OPPORTUNITY TO EARN ALL ACADEMIC
CREDIT HE OR SHE WOULD HAVE BEEN ELIGIBLE TO EARN HAD HE OR SHE BEEN IN
CLASS, INCLUDING THE OPPORTUNITY TO COMPLETE ANY MISSED ASSIGNMENTS OR
TAKE ANY MISSED EXAMINATION OR ASSESSMENTS DURING THE STUDENT'S SUSPEN-
SION. IF AN EXAMINATION OR ASSESSMENT CANNOT BE RESCHEDULED, THE STUDENT
SHALL BE ALLOWED ON SCHOOL PROPERTY TO TAKE SUCH ASSESSMENT OR EXAMINA-
TION ON THE DAY AND TIME THAT THE ASSESSMENT OR EXAMINATION IS GIVEN.
3. Teacher removal of a [disruptive pupil] STUDENT. In addition, any
teacher shall have the power and authority to remove a [disruptive pupil
as defined in subdivision two-a of this section,] STUDENT from such
teacher's classroom consistent with discipline measures contained in the
code of conduct adopted by the board pursuant to section twenty-eight
hundred one of this chapter. SUCH CLASSROOM REMOVAL SHALL NOT EXCEED
ONE-HALF SCHOOL DAY ON THE SAME SCHOOL DAY. The school authorities of
any school district, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR CHAR-
TER 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
provided further that nothing]. WHEN A STUDENT IS REMOVED FROM THE
CLASSROOM, THE STUDENT SHALL HAVE THE OPPORTUNITY TO EARN ALL ACADEMIC
CREDIT INCLUDING THE OPPORTUNITY TO COMPLETE ANY MISSED ASSIGNMENTS OR
TAKE ANY MISSED EXAMINATIONS OR ASSESSMENTS DURING THE STUDENT'S
REMOVAL. IF AN EXAMINATION OR ASSESSMENT CANNOT BE RESCHEDULED, THE
STUDENT SHALL BE ALLOWED ON SCHOOL PROPERTY TO TAKE SUCH ASSESSMENT OR
EXAMINATION ON THE DAY AND TIME THAT THE ASSESSMENT OR EXAMINATION IS
GIVEN. 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 determination pursuant to paragraph c of this subdivision,
or the period of removal expires, whichever is less.
a. 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] STUDENT'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] STUDENT
to informally present the [pupil's] STUDENT'S version of relevant
events. In all other cases, the teacher shall provide the [pupil]
STUDENT with an explanation of the basis for the removal and an informal
opportunity to be heard 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.
b. 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
A. 5197 14
the principal to discuss the reasons for the removal. If the [pupil]
STUDENT denies the charges, the principal shall provide an explanation
of the basis for the removal and allow the [pupil] STUDENT and/or person
in parental relation to the [pupil] STUDENT an opportunity to present
the [pupil's] STUDENT'S version of relevant events. Such informal [hear-
ing] 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 corresponding time
on the second school day next following the [pupil's] 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
of subdivision three of this section.
c. 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 suspen-
sion 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 contained
in paragraph b of this subdivision.
d. The principal may, in his or her discretion, designate a school
district administrator, to carry out the functions required of the prin-
cipal under this subdivision.
4. Expense. [a.] The expense attending the commitment and costs of
maintenance of any [school delinquent] 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 person in parental
relation to contribute towards the maintenance of a school delinquent
under sixteen years of age ordered to attend upon instruction under
confinement. If the court shall find the 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. Involuntary transfers of [pupils] STUDENTS who have not been deter-
mined 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] OR trustees [or sole trustee,],
THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE OF THE CITY
SCHOOL DISTRICT OF NEW YORK, OTHER GOVERNING BODY, 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] H of subdivision [three] TWO 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 bound-
aries.
A. 5197 15
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 when the [pupil] STUDENT would receive an adequate and appropriate
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. 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 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 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
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. Transfer of a [pupil] STUDENT. Where a suspended [pupil] STUDENT
is to be transferred pursuant to subdivision five 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 relating to the background and
problems of the [pupil] STUDENT before the [pupil] STUDENT is placed in
a classroom.
7. 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.
A. 5197 16
§ 5. 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)] D. THE BOARD OF EDUCATION OR TRUSTEES, THE CHANCELLOR OF THE
CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY
OF NEW YORK, OTHER GOVERNING BODY, SUPERINTENDENT OF SCHOOLS, OR
DISTRICT SUPERINTENDENT OF SCHOOLS, SHALL HAVE THE POWER TO SUSPEND A
STUDENT FOR A PERIOD NOT TO EXCEED TWENTY SCHOOL DAYS, PROVIDED THAT THE
SUSPENSION OF SUCH STUDENT IS NOT PROHIBITED BY PARAGRAPH C OF SUBDIVI-
SION TWO OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER. No [pupil]
STUDENT may be suspended for a period in excess of five school days
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 WRITTEN notice[, at which] SHALL INCLUDE A
BRIEF DESCRIPTION OF THE FACTS UPON WHICH THE ALLEGED VIOLATIONS OF THE
CODE OF CONDUCT ARE BASED, THE SECTION OF THE CODE OF CONDUCT THAT THE
STUDENT IS ALLEGED TO HAVE VIOLATED, AND THE DATE, TIME AND PLACE OF THE
HEARING. PRIOR TO THE HEARING, COPIES OF ALL EVIDENCE REGARDING THE
ALLEGED INCIDENT SHALL BE PROVIDED TO THE STUDENT AND PARENT OR PERSON
IN PARENTAL RELATION TO THE STUDENT. THE HEARING SHALL BE CONVENED WITH-
IN FIVE DAYS OF THE WRITTEN NOTICE, UNLESS THE PARENT OR PERSON IN
PARENTAL RELATION TO THE STUDENT OR STUDENT REQUESTS A LATER DATE. AT
THE HEARING, such [pupil] STUDENT shall have the right of representation
by [counsel] AN ATTORNEY OR ADVOCATE, with the right to REQUEST THE
PRESENCE OF AND TO 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] STUDENT has been suspended in accord-
ance with this subdivision [by a], THE BOARD OF EDUCATION OR TRUSTEES,
THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE OF THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK, OTHER GOVERNING BODY, super-
intendent of schools, district superintendent of schools, or community
superintendent[, the superintendent] shall personally hear and determine
the proceeding or may, in his OR HER discretion, designate a hearing
officer to conduct the hearing. The ENTITY OR INDIVIDUAL THAT CONDUCTS
THE hearing [officer] shall be authorized to administer oaths and to
issue subpoenas in conjunction with the proceeding [before him]. A
record of the hearing shall be maintained, but no stenographic tran-
script shall be required and [a tape] AN AUDIO recording shall be deemed
a satisfactory record. The ENTITY OR INDIVIDUAL THAT CONDUCTS THE hear-
ing [officer] shall make WRITTEN findings of fact BASED ON A PREPONDER-
ANCE OF THE EVIDENCE and SHALL MAKE recommendations as to the appropri-
ate measure of discipline [to the superintendent] IF ANY. The report of
the hearing officer shall be advisory only, and the BOARD OF EDUCATION
OR TRUSTEES, THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE OF
THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, OTHER GOVERNING BODY,
superintendent OF SCHOOLS OR DISTRICT SUPERINTENDENT OF SCHOOLS 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] THE BOARD OF EDUCA-
TION OR TRUSTEES, THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE
OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, OTHER GOVERNING
BODY, SUPERINTENDENT OF SCHOOLS, OR DISTRICT SUPERINTENDENT OF SCHOOLS
SHALL ISSUE A WRITTEN DECISION TO THE SCHOOL AND PARENT OR PERSON IN
PARENTAL RELATION TO THE STUDENT WITHIN THREE DAYS OF THE HEARING. THE
WRITTEN DECISION SHALL STATE THE LENGTH OF SUSPENSION, IF ANY, FINDINGS
A. 5197 17
OF FACT, REASONS FOR DETERMINATION, LENGTH OF SUSPENSION, IF ANY, PROCE-
DURES 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 subdivi-
sion one of section 265.01 of the penal law, the hearing officer or
superintendent shall not be barred from considering the admissibility of
such weapon, instrument or appliance as evidence, notwithstanding a
determination by a court in a criminal or juvenile delinquency proceed-
ing that the recovery of such weapon, instrument or appliance was the
result of an unlawful search or seizure.
§ 6. 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.] E. Consistent with the federal gun-free schools act of nineteen
hundred ninety-four, any public school [pupil] STUDENT who is determined
under this subdivision 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 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 partic-
ipation in such program. The procedures of this subdivision shall apply
to such a suspension of a nonpublic school [pupil] STUDENT. A super-
intendent 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
OR 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 paragraph c of this subdivision 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 to school in violation of this
subdivision 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 to school in violation of this subdivi-
sion to the appropriate law enforcement officials.
[f.] G. Whenever the term "board of education or superintendent of
schools" is used in this subdivision, it shall be deemed to include
BOARD OF TRUSTEES, OTHER GOVERNING BODY, THE CHANCELLOR OF THE CITY
SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT FOR THE CITY OF
NEW YORK, community boards of education and community superintendents
governing community districts in accordance with the provisions of arti-
A. 5197 18
cle fifty-two-A of this chapter. 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.
§ 7. 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.] H. Discipline of students with disabilities and students presumed
to have a disability for discipline purposes. (1) Notwithstanding any
other provision of this subdivision 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 educa-
tional placement, PROVIDED THAT THE SUSPENSION OF SUCH STUDENT IS NOT
PROHIBITED BY SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER, for
violation of school rules only in accordance with the procedures estab-
lished in this section, the regulations of the commissioner implementing
this paragraph, 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 shall be construed to
confer greater rights on such students than are conferred under applica-
ble federal law and regulations, or to limit the ability of a school
district to change the educational placement of a student with a disa-
bility in accordance with the procedures in article eighty-nine of this
chapter.
(2) As used in this paragraph, a "student presumed to have a disabili-
ty 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.
(3) In applying the federal law consistent with this section:
(i) in the event of a conflict between the procedures established in
this section and those established in subsection (k) of section fourteen
hundred fifteen of title twenty of the United States code and the feder-
al regulations implementing such statute, such federal statute and regu-
lations shall govern.
(ii) the BOARD OF trustees or board of education of any school
district, OTHER GOVERNING BODY, 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, PROVIDED THAT THE SUSPENSION OF SUCH STUDENT IS NOT
PROHIBITED BY SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER, 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) of this subparagraph, the suspension does not result in a
change in placement under federal law.
(iii) 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, may order the placement of a student
with a disability into an interim alternative educational setting,
another setting or suspension for up to ten consecutive school days,
A. 5197 19
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) 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 warrants
a suspension, and, except as otherwise provided in clause (vi) of this
subparagraph, the suspension does not result in a change in placement
under federal law, PROVIDED THAT THE SUSPENSION OF SUCH STUDENT IS NOT
PROHIBITED BY SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER.
(iv) 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, may order the change in placement of
a student with a disability to an interim alternative educational
setting for up to forty-five days, but not to exceed the period of
suspension ordered by a superintendent in accordance with this subdivi-
sion, 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, PROVIDED THAT THE
SUSPENSION OF SUCH STUDENT IS NOT PROHIBITED BY SECTION TWENTY-EIGHT
HUNDRED ONE OF THIS CHAPTER.
(v) 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.
(vi) 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, PROVIDED THAT THE SUSPENSION OF SUCH
STUDENT IS NOT PROHIBITED BY SECTION TWENTY-EIGHT HUNDRED ONE OF THIS
CHAPTER.
(vii) an impartial hearing officer appointed pursuant to subdivision
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, PROVIDED THAT THE
SUSPENSION OF SUCH STUDENT IS NOT PROHIBITED BY SECTION TWENTY-EIGHT
HUNDRED ONE OF THIS CHAPTER.
(viii) 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) the commissioner shall implement this paragraph by adopting regu-
lations 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.
A. 5197 20
§ 8. 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. 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] STUDENT'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] STUDENT
to informally present the [pupil's] STUDENT'S version of relevant
events. In all other cases, the teacher shall provide the [pupil]
STUDENT with an explanation of the basis for the removal and an informal
opportunity to be heard within twenty-four hours of the [pupil's]
STUDENT'S removal.
b. 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] STUDENT
denies the charges, 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.
c. 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 suspen-
sion 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 contained
in paragraph b of this subdivision.
§ 9. This act shall take effect September 1, 2022; provided, however
that:
a. the amendments to subdivision 3 of section 2801 of the education
law made by section two 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 three 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 four 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 five 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 four 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 six 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 four of this act shall be subject to
A. 5197 21
the expiration and reversion of such paragraph pursuant to section 22 of
chapter 352 of the laws of 2005, as amended, when upon such date the
provisions of section seven of this act shall take effect;
d-1. the amendments to clause (v) of subparagraph 3 of paragraph g of
subdivision 3 of section 3214 of the education law made by section four
of this act shall be subject to the expiration and reversion of such
clause pursuant to subdivision d of section 27 of chapter 378 of the
laws of 2007, as amended, when upon such date the provisions of section
seven 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 four 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 eight of this act shall take effect;
and
f. the amendments to subdivision 7 of section 3214 of the education
law, made by section four of this act, shall not affect the repeal of
such subdivision and shall be deemed repealed therewith.