S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2985
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2023
                                ___________
 
 Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education law, in relation to school suspensions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subparagraph 1 of paragraph c of subdivision 3  of  section
 3214  of  the  education  law,  as amended by chapter 430 of the laws of
 2006, is amended to read as follows:
   (1) No pupil may be suspended for a period in excess  of  five  school
 days unless such pupil and the person in parental relation to such pupil
 shall  have  had  an  opportunity  for  a  fair hearing, upon reasonable
 notice, at which such pupil shall have the right  of  representation  by
 counsel,  with the right to question witnesses against such pupil and to
 present witnesses and other evidence on his or her behalf. WHERE A PUPIL
 MAY BE CONSIDERED A DANGEROUS THREAT TO  HIMSELF,  HERSELF,  OR  OTHERS,
 SUCH PUPIL MAY BE SUSPENDED FOR NO MORE THAN TEN DAYS PRIOR TO A HEARING
 TAKING PLACE TO ALLOW THE SCHOOL TO HAVE ADEQUATE TIME TO MAKE AN EVALU-
 ATION  ON  THE  PUPIL'S  MENTAL  HEALTH, WHICH MAY INCLUDE A PSYCHIATRIC
 EVALUATION, AND THE RISK OF DANGER TO OTHERS AND  TO  CONSULT  WITH  LAW
 ENFORCEMENT. Where the pupil is a student with a disability or a student
 presumed  to  have  a  disability, the provisions of paragraph g of this
 subdivision shall also apply.  Where  a  pupil  has  been  suspended  in
 accordance  with  this  subparagraph  by  a  superintendent  of schools,
 district superintendent of schools,  or  community  superintendent,  the
 superintendent  shall  personally  hear  and determine the proceeding or
 may, in his or her discretion, designate a hearing  officer  to  conduct
 the hearing. The hearing officer shall be authorized to administer oaths
 and  to issue subpoenas in conjunction with the proceeding before him or
 her. A record of the hearing shall be maintained,  but  no  stenographic
 transcript  shall  be  required  and  a tape recording shall be deemed a
 satisfactory record.  The hearing officer shall make  findings  of  fact
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04942-01-3
              

 A. 2985                             2
 
 and  recommendations  as to the appropriate measure of discipline to the
 superintendent. The report of the  hearing  officer  shall  be  advisory
 only,  and  the  superintendent  may  accept all or any part thereof. An
 appeal  will lie from the decision of the superintendent to the board of
 education who shall make its decision solely upon the record before  it.
 The  board may adopt in whole or in part the decision of the superinten-
 dent of schools.  Where the basis for the suspension is, in whole or  in
 part, the possession on school grounds or school property by the student
 of  any  firearm,  rifle, shotgun, dagger, dangerous knife, dirk, razor,
 stiletto or any of the weapons, instruments or appliances  specified  in
 subdivision  one of section 265.01 of the penal law, the hearing officer
 or superintendent shall not be barred from considering the admissibility
 of such weapon, instrument or appliance as evidence,  notwithstanding  a
 determination  by a court in a criminal or juvenile delinquency proceed-
 ing that the recovery of such weapon, instrument or  appliance  was  the
 result of an unlawful search or seizure.
   § 2. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of
 the  education  law,  as  amended by chapter 380 of the laws of 2001, is
 amended to read as follows:
   (1) No pupil may be suspended for a period in excess  of  five  school
 days unless such pupil and the person in parental relation to such pupil
 shall  have  had  an  opportunity  for  a  fair hearing, upon reasonable
 notice, at which such pupil shall have the right  of  representation  by
 counsel,  with the right to question witnesses against such pupil and to
 present witnesses and other evidence on his behalf. WHERE A PUPIL MAY BE
 CONSIDERED A DANGEROUS THREAT TO HIMSELF, HERSELF, OR OTHERS, SUCH PUPIL
 MAY BE SUSPENDED FOR NO MORE THAN TEN DAYS PRIOR  TO  A  HEARING  TAKING
 PLACE TO ALLOW THE SCHOOL TO HAVE ADEQUATE TIME TO MAKE AN EVALUATION ON
 THE  PUPIL'S  MENTAL HEALTH, WHICH MAY INCLUDE A PSYCHIATRIC EVALUATION,
 AND THE RISK OF DANGER TO OTHERS AND TO CONSULT  WITH  LAW  ENFORCEMENT.
 Where  a pupil has been suspended in accordance with this subdivision by
 a superintendent of schools,  district  superintendent  of  schools,  or
 community  superintendent,  the superintendent shall personally hear and
 determine the proceeding or may, in his discretion, designate a  hearing
 officer  to conduct the hearing. The hearing officer shall be authorized
 to administer oaths and to  issue  subpoenas  in  conjunction  with  the
 proceeding  before him. A record of the hearing shall be maintained, but
 no stenographic transcript shall be required and a tape recording  shall
 be deemed a satisfactory record. The hearing officer shall make findings
 of  fact and recommendations as to the appropriate measure of discipline
 to the superintendent. The report of the hearing officer shall be  advi-
 sory only, and the superintendent may accept all or any part thereof. An
 appeal  will lie from the decision of the superintendent to the board of
 education who shall make its decision solely upon the record before  it.
 The  board may adopt in whole or in part the decision of the superinten-
 dent of schools. Where the basis for the suspension is, in whole  or  in
 part, the possession on school grounds or school property by the student
 of  any  firearm,  rifle, shotgun, dagger, dangerous knife, dirk, razor,
 stiletto or any of the weapons, instruments or appliances  specified  in
 subdivision  one of section 265.01 of the penal law, the hearing officer
 or superintendent shall not be barred from considering the admissibility
 of such weapon, instrument or appliance as evidence,  notwithstanding  a
 determination  by a court in a criminal or juvenile delinquency proceed-
 ing that the recovery of such weapon, instrument or  appliance  was  the
 result of an unlawful search or seizure.
 A. 2985                             3
 
   §  3. This act shall take effect immediately, provided that the amend-
 ments to subparagraph 1 of paragraph c of subdivision 3 of section  3214
 of the education law made by section one of this act shall be subject to
 the  expiration and reversion of such subparagraph pursuant to section 8
 of  chapter 430 of the laws of 2006, as amended, when upon such date the
 provisions of section two of this act shall take effect.