S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5523
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2023
                                ___________
 
 Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
   tee on Education
 
 AN ACT to amend the education law, in relation to allowing a  suspending
   authority to condition the early return of a student on such student's
   voluntary participation in counseling or certain classes

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph 1 of paragraph b of subdivision 3  of  section
 3214  of  the  education  law,  as amended by chapter 181 of the laws of
 2000, is amended to read as follows:
   (1) The board of education, board of trustees, or sole trustee, super-
 intendent of schools, district superintendent of schools and the princi-
 pal 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 such a suspension, the] THE SUSPENDING AUTHORITY MAY CONDITION A
 STUDENT'S EARLY RETURN TO SCHOOL ON THE PUPIL'S VOLUNTARY  PARTICIPATION
 IN  COUNSELING  OR  SPECIALIZED  CLASSES,  INCLUDING ANGER MANAGEMENT OR
 DISPUTE RESOLUTION, WHERE APPLICABLE.  THE  suspending  authority  shall
 provide  the  pupil  with notice of the charged misconduct. If the pupil
 denies the misconduct, the suspending authority shall provide an  expla-
 nation  of  the  basis  for  the suspension. The pupil and the person in
 parental relation to the pupil shall, on request, be given  an  opportu-
 nity  for  an  informal conference with the principal at which the pupil
 and/or person in parental relation shall be authorized  to  present  the
 pupil's  version  of  the  event and to ask questions of the complaining
 witnesses. The aforesaid notice and opportunity for an informal  confer-
 ence  shall  take  place  prior  to  suspension  of the pupil 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, in
 which case the pupil's notice and opportunity for an informal conference
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10144-01-3
 A. 5523                             2
              

 
 shall take place as soon after the suspension as is reasonably practica-
 ble.
   § 2. 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  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 subpara-
 graph  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 and  recommendations  as
 to  the  appropriate  measure  of  discipline to the superintendent. The
 report of the hearing officer shall be advisory  only,  and  the  super-
 intendent  may  accept  all or any part thereof. An appeal will lie from
 the decision of the superintendent to the board of education  who  shall
 make  its decision solely upon the record before it. The board may adopt
 in whole or in part the decision of the superintendent of schools.   THE
 SUSPENDING AUTHORITY MAY CONDITION A STUDENT'S EARLY RETURN TO SCHOOL ON
 THE  PUPIL'S VOLUNTARY PARTICIPATION IN COUNSELING OR SPECIALIZED CLASS-
 ES, INCLUDING ANGER MANAGEMENT OR DISPUTE RESOLUTION, WHERE  APPLICABLE.
 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.
   § 3. 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  has
 been  suspended  in accordance with this subdivision by a superintendent
 of schools, district superintendent of schools, or community superinten-
 dent,  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 adminis-
 A. 5523                             3
 
 ter oaths and to issue subpoenas  in  conjunction  with  the  proceeding
 before  him.  A record of the hearing shall be maintained, but no steno-
 graphic transcript shall be required  and  a  tape  recording  shall  be
 deemed a satisfactory record. The hearing officer shall make findings of
 fact  and recommendations as to the appropriate measure of discipline to
 the superintendent. The report of the hearing officer shall be  advisory
 only,  and  the  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.    THE SUSPENDING AUTHORITY MAY CONDITION A STUDENT'S
 EARLY RETURN TO SCHOOL ON THE PUPIL'S VOLUNTARY PARTICIPATION  IN  COUN-
 SELING  OR  SPECIALIZED  CLASSES,  INCLUDING ANGER MANAGEMENT OR DISPUTE
 RESOLUTION, WHERE APPLICABLE. Where the basis for the suspension is,  in
 whole or in part, the possession on school grounds or school property by
 the  student  of  any  firearm, rifle, shotgun, dagger, dangerous knife,
 dirk, razor, stiletto or any of the weapons, instruments  or  appliances
 specified  in  subdivision  one  of section 265.01 of the penal law, the
 hearing officer or superintendent shall not be barred  from  considering
 the  admissibility  of such weapon, instrument or appliance as evidence,
 notwithstanding a determination by a court in  a  criminal  or  juvenile
 delinquency  proceeding  that the recovery of such weapon, instrument or
 appliance was the result of an unlawful search or seizure.
   § 4. 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 two of this act shall be subject to
 the expiration and reversion of such subparagraph pursuant  to  subdivi-
 sion  (a)  of  section 8 of chapter 430 of the laws of 2006, as amended,
 when upon such date the provisions of section three of  this  act  shall
 take effect.