A. 5691--A 2
Section 1. This act shall be known and may be cited as the "Judith
Kaye School Solutions not Suspensions Act".
§ 2. 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 subdivision
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 subdivision 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 of conduct on school property. 1. NOTWITHSTANDING ANY
PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, THIS SECTION SHALL
APPLY TO ALL PUBLIC SCHOOLS IN THE STATE. For purposes of this
section[,]:
A. PUBLIC SCHOOL SHALL INCLUDE PUBLIC CHARTER SCHOOLS PURSUANT TO THE
PROVISIONS OF PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT
HUNDRED FIFTY-THREE OF THIS TITLE; AND
B. school property means in or within any building, structure, athlet-
ic playing field, playground, parking lot or land contained within the
real property boundary line of [a] ALL public elementary or secondary
[school] SCHOOLS; or in or on a school bus, as defined in section one
hundred forty-two of the vehicle and traffic law; [and a] OR A SCHOOL'S
ELECTRONIC FILES AND DATABASES. A school function shall mean a school-
sponsored or school-authorized extra-curricular event or activity
regardless of where such event or activity takes place, including any
event or activity that may take place in another state.
2. The board of education or the trustees[, as defined in section two
of this chapter,] of every PUBLIC SCHOOL OR school district [within the
state, however created, and every] 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 county
vocational extension board], 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 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 OR PUBLIC
SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES 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 AGENDA, A COPY OF THE PROPOSED
CODE OF CONDUCT, AND INFORMATION ABOUT A PUBLIC COMMENT PERIOD AS DETER-
MINED BY THE SCHOOL DISTRICT OR PUBLIC SCHOOL, OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES. THE SCHOOL DISTRICT OR PUBLIC SCHOOL, OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES SHALL TAKE NECESSARY STEPS TO NOTIFY
FAMILIES WHO DO NOT SPEAK ENGLISH AND WHOSE CHILDREN ATTEND A SCHOOL IN
THE DISTRICT OR PUBLIC SCHOOL, OR A BOARD OF COOPERATIVE EDUCATIONAL
SERVICES. Such code of conduct shall DEFINE VIOLATIONS OF THE CODE OF
CONDUCT AND SET CLEAR EXPECTATIONS FOR STUDENT CONDUCT ON SCHOOL PROPER-
TY, INCLUDING AT SCHOOL FUNCTIONS, AND SHALL include, at a minimum:
A. 5691--A 3
a. [provisions] ACCEPTABLE AND UNACCEPTABLE BEHAVIOR. PROVISIONS
DETAILING ACCEPTABLE AND UNACCEPTABLE BEHAVIOR IN SCHOOLS SHALL INCLUDE
BEHAVIOR:
(I) 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 prop-
erty, including a school function[,]; and
[provisions] (II) 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,
including the appropriate range of disciplinary measures which may be
imposed for violation of such code, and the roles of teachers, adminis-
trators, other school personnel, the board of education and parents;]
FUNCTIONS.
b. DISCIPLINARY MEASURES AND STRATEGIES. PROVISIONS DETAILING DISCI-
PLINARY MEASURES SHALL:
(I) BE AGE-APPROPRIATE, GRADUATED, AND PROPORTIONATE TO RESPOND TO ANY
VIOLATION OF THE CODE OF CONDUCT BEFORE IMPOSING A REMOVAL OR SUSPEN-
SION, THE BUILDING ADMINISTRATOR SHALL CONSULT WITH A SCHOOL PSYCHOL-
OGIST OR OTHER MENTAL HEALTH PROFESSIONAL, TO DETERMINE AGE-APPROPRIATE
SUPPORTS AND INTERVENTIONS FOR THE STUDENT FOR REMOVAL, DETENTION, OR
SUSPENSION;
(II) CONSIDER THE STUDENT'S WHOLE CIRCUMSTANCES FROM A HOLISTIC LENS
INCLUDING LIFE INSIDE AND OUTSIDE OF SCHOOL THAT MAY IMPACT BEHAVIOR
INCLUDING BUT NOT LIMITED TO FOOD INSECURITY, HOMELESSNESS, BULLYING,
LACK OF SCHOOL SUPPLIES, ABUSE, HYGIENE ACCESS, AND OTHER ISSUES THAT
MAY OCCUR IN OR OUT OF SCHOOL;
(III) UTILIZE MULTI-TIERED SYSTEMS OF SUPPORT AND POSITIVE BEHAVIORAL
INTERVENTIONS, INCLUDING:
(1) USE OF THE LEAST SEVERE ACTION NECESSARY TO RESPOND TO ANY
VIOLATION OF THE CODE OF CONDUCT BEFORE IMPOSING A REMOVAL OR SUSPEN-
SION; AND
(2) RESTORATIVE PRACTICES, SOCIAL AND EMOTIONAL LEARNING, THERAPEUTIC
CRISIS INTERVENTIONS, COUNSELING, DE-ESCALATION, COLLABORATIVE PROBLEM-
SOLVING, CONFLICT MEDIATION OR RESOLUTION STRATEGIES, ENGAGEMENT WITH
FAMILIES, CLASS MEETINGS, FACILITATED CIRCLES, CONFERENCES, PEER MEDI-
ATION, AND OTHER INTERVENTIONS;
(IV) ENSURE ANY DISCIPLINARY STRATEGIES USED SHALL PROVIDE STUDENTS
WITH THE OPPORTUNITY TO HOLD THEMSELVES ACCOUNTABLE FOR THEIR BEHAVIOR
AND REPAIR ANY HARM, WHICH MAY INCLUDE STRATEGIES TO BUILD COMMUNITY,
STRENGTHEN RELATIONSHIPS, ENGAGE IN RESTORATIVE PRACTICES; AND ALLOWING
STUDENTS THE OPPORTUNITY TO REMEDY HARM THROUGH COMMUNITY SERVICE WITH
CONSENT OF THEIR PARENTS OR PERSONS IN PARENTAL RELATIONS.
C. SUSPENSION PROVISIONS. PROVISIONS DETAILING SCHOOL SUSPENSIONS
SHALL:
(I) PROHIBIT THE SUSPENSION OF STUDENTS IN PRE-KINDERGARTEN THROUGH
GRADE THREE, EXCEPT IF A SUSPENSION IS NECESSARY TO COMPLY WITH APPLICA-
BLE FEDERAL LAWS, INCLUDING THE GUN FREE SCHOOL ACT 20 U.S.C. 7961 ET
AL. IN THE EVENT A STUDENT IN GRADES PRE-K THROUGH THREE ENGAGES IN
BEHAVIOR THAT WOULD OTHERWISE GIVE RISE TO CONSIDERATION OF A SUSPENSION
WERE THEY IN GRADES FOUR AND ABOVE, SCHOOLS SHALL MAKE USE OF POSITIVE
BEHAVIORAL SUPPORTS, AND ALL OTHER NECESSARY SERVICES AND INTERVENTIONS,
INCLUDING BUT NOT LIMITED TO FUNCTIONAL BEHAVIOR ASSESSMENTS AND BEHAV-
IOR INTERVENTION PLANS, THAT MAY BE IMPLEMENTED TO PREVENT THE RECUR-
RENCE OF THE STUDENT'S BEHAVIORS;
(II) PROHIBIT SUSPENSIONS FOR ACTS OF DISOBEDIENCE;
A. 5691--A 4
(III) PROHIBIT SUSPENSIONS TO RESPOND TO TARDINESS, UNEXCUSED ABSENCE
FROM CLASS OR SCHOOL, LEAVING SCHOOL WITHOUT PERMISSION, AND VIOLATION
OF SCHOOL DRESS CODE;
(IV) REQUIRE SCHOOLS TO MAKE A GOOD FAITH EFFORT TO MEET WITH THE
PARENTS TO DEVELOP AND IMPLEMENT INTERVENTIONS AND A RE-ENTRY PLAN FOR
ALL SCHOOL SUSPENSIONS, THIS INCLUDES MAKING SEVERAL ATTEMPTS TO CONTACT
THE PARENT, PROVIDE REMOTE OPTIONS TO PARENTS, AND CONSIDER THE PARENT'S
SCHEDULE;
(V) PROVIDE FOR THE REMOVAL FROM THE CLASSROOM AND FROM SCHOOL PROPER-
TY, INCLUDING A SCHOOL FUNCTION, OF STUDENTS AND OTHER PERSONS WHO
VIOLATE THE CODE OF CONDUCT;
(VI) PROVIDE 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;
(VII) ESTABLISH DISCIPLINARY MEASURES TO BE TAKEN IN INCIDENTS INVOLV-
ING 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;
(VIII) INCLUDE EXCEPTIONS TO ALL PROHIBITIONS OR LIMITATIONS OF
SUSPENSION DESCRIBED IN THIS SECTION WHICH SHALL ONLY INCLUDE CONDUCT AS
FOLLOWS:
(1) SALE OR DISTRIBUTION OF TOBACCO, ALCOHOL, DRUGS OR OTHER ILLEGAL
SUBSTANCES;
(2) CONDUCT THAT WAS INTENDED AND RESULTED IN SERIOUS BODILY INJURY
UPON ANOTHER PERSON WHILE AT SCHOOL, ON SCHOOL PREMISES, OR AT A SCHOOL
FUNCTION;
(3) PHYSICAL SEXUAL ASSAULT AND/OR FORCING ANOTHER TO ENGAGE IN A
SEXUAL ACTIVITY WHILE AT SCHOOL, ON SCHOOL PREMISES, OR AT A SCHOOL
FUNCTION; OR
(4) IS NECESSARY TO COMPLY WITH APPLICABLE FEDERAL LAWS.
D. CODE OF CONDUCT AND DISCIPLINARY PROCEDURES. SCHOOL AUTHORITIES
SHALL ESTABLISH:
(I) standards and procedures to assure security and safety of students
and school personnel;
[c. provisions for the removal from the classroom and from school
property, 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] (II) 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, WHICH SHALL INCLUDE:
(1) AN EDUCATION PLAN THAT THE PRINCIPAL, OR THE PRINCIPAL'S DESIGNEE,
IN CONSULTATION WITH THE STUDENT'S TEACHERS, SHALL CREATE FOR THE
STUDENT FOR EACH CLASS IN WHICH THE STUDENT IS ENROLLED. 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 THEY
WOULD HAVE BEEN ELIGIBLE TO EARN HAD THE STUDENT BEEN IN CLASS, INCLUD-
A. 5691--A 5
ING THE OPPORTUNITY TO COMPLETE ANY MISSED ASSIGNMENTS OR TAKE ANY
MISSED EXAMINATIONS OR ASSESSMENTS DURING THE STUDENT'S REMOVAL OR
SUSPENSION;
(2) PROCEDURES FOR WHEN 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, UNLESS THE STUDENT PRESENTS A RISK TO THE
HEALTH AND SAFETY OF THE SCHOOL COMMUNITY, THEN ALTERNATIVE SPACES MAY
BE USED AS DESCRIBED IN SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS
CHAPTER;
(3) POLICIES ON THE TIMEFRAME AN EDUCATIONAL PLAN SHALL BE COMPLETED
AND IMPLEMENTED, THIS SHALL BE WITHIN A REASONABLE AND EXPEDITIOUS TIME-
FRAME TO MITIGATE LEARNING LOSS IN ACCORDANCE WITH THE LENGTH OF THE
SUSPENSION, PROVIDED THAT THE EDUCATION PLAN IS DELIVERED TO THE STUDENT
NO LATER THAN FORTY-EIGHT HOURS AFTER THE START OF SUSPENSION; AND
(4) IN THE EVENT A SUSPENSION IS IMPOSED FOR TWENTY-ONE DAYS OR MORE,
STARTING FROM THE FIRST DAY OF EXCLUSION, THE EDUCATION PLAN SHALL,
INCLUDE MEETINGS EVERY TEN SCHOOL DAYS COMPRISING OF THE STUDENT, PARENT
OR PERSON IN PARENTAL RELATION, GUIDANCE, SCHOOL SUPPORT STAFF AND
TEACHERS TO REVIEW THE STUDENT'S ACADEMIC PROGRESS, SERVICES AND BARRI-
ERS, IF ANY, TO A RETURN TO THE SCHOOL COMMUNITY. CONSIDERATION SHALL BE
GIVEN TO A TERMINATION OF SUSPENSION STATUS AND IMMEDIATE RETURN TO THE
SCHOOL COMMUNITY. IN NO EVENT SHALL A SUSPENSION BE LONGER THAN FORTY
DAYS UNLESS TO COMPLY WITH APPLICABLE FEDERAL LAW.
[f.] (III) 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.] (IV) provisions ensuring such code and the enforcement thereof
are in compliance with state and federal laws relating to students with
disabilities;
[h.] (V) provisions setting forth the procedures by which local law
enforcement agencies shall be notified of code violations which consti-
tute a crime;
[i.] (VI) provisions setting forth the circumstances under and proce-
dures 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,
IMMIGRATION, OR JUVENILE DELINQUENCY INVESTIGATION AND/OR PROCEEDING
AND/OR IN A COURT OF LAW. THIS NOTICE SHALL BE GIVEN PRIOR TO A STUDENT
PROVIDING A WRITTEN OR ORAL STATEMENT, AND THE PARENT OR PERSON IN
PARENTAL RELATION TO THE STUDENT SHALL HAVE AN OPPORTUNITY TO DISCUSS
SUCH POTENTIAL CONSEQUENCES WITH THE STUDENT PRIOR TO ANY STATEMENTS
BEING RECORDED;
[j.] (VII) 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.] (VIII) 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];
[l. a minimum suspension period, for students who repeatedly are
substantially disruptive of the educational process or substantially
A. 5691--A 6
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.] (IX) 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 REPRESENTING TEACHERS, SCHOOL-RELATED
PROFESSIONALS, AND THE PRINCIPALS, and other school personnel and shall
be approved by the board of education OR TRUSTEES, [or other governing
body,] THE CHARTER SCHOOL'S AUTHORIZERS 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, THE CHANCELLOR OF THE CITY
SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY OF
NEW YORK 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 PUBLIC SCHOOL REGARDING THE CODE OF CONDUCT, THE USE OF
MULTI-TIERED SYSTEMS OF SUPPORT, POSITIVE BEHAVIORAL INTERVENTIONS
INCLUDING RESTORATIVE PRACTICES, AND AGE-APPROPRIATE GRADUATED AND
PROPORTIONATE DISCIPLINE, WHICH MAY INCLUDE IMPLICIT BIAS TRAINING,
ACCORDING TO COLLECTIVE BARGAINING AGREEMENTS.
4. [The] AT THE BEGINNING OF EACH SCHOOL YEAR, THE board of education
OR TRUSTEES, THE chancellor [or other governing body] OF THE CITY SCHOOL
DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK, 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 PUBLIC SCHOOL, POST THE
CODE OF CONDUCT ON THE SCHOOL DISTRICT'S, PUBLIC 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
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] SUCH
COPIES available thereafter upon request AND ON THE SCHOOL AND/OR SCHOOL
DISTRICT'S WEBSITES. 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, or other governing body shall take reasonable
steps to ensure community awareness of the code OF CONDUCT'S provisions.
A. 5691--A 7
5. a. The board of education OR TRUSTEES, OR THE chancellor [or other
governing body] OF THE CITY SCHOOL DISTRICT IN THE CASE OF THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK 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 administration. 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 COMMENCED UPON
THIRTY DAYS' NOTICE) that provides for the participation of school
personnel, parents, students and any other interested parties.
b. Each district OR PUBLIC SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES shall file a copy of its codes of conduct with the commissioner
and [all] ANY amendments to such code shall be filed with the commis-
sioner no later than thirty days after their adoption.
§ 3. Section 17 of chapter 123 of the laws of 2003 amending the educa-
tion law relating to establishing the community district education coun-
cil within the New York city community school district system, is
amended to read as follows:
§ 17. This act shall take effect immediately; provided, however, that
[the provisions] SECTIONS ONE THROUGH TWELVE, FOURTEEN AND FIFTEEN of
this act shall be deemed repealed on the same date as sections 1 through
20, 24 and 26 through 30 of chapter 91 of the laws of 2002.
§ 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
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. The school authorities of any city or school
district may establish schools or set apart rooms in public school
buildings for the instruction of school delinquents, and fix the number
of days per week and the hours per day of required attendance, 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;
A. 5691--A 8
(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. Suspension of a pupil] NOTWITHSTANDING ANY PROVISION OF LAW, RULE
OR REGULATION TO THE CONTRARY, THIS SECTION SHALL APPLY TO ALL PUBLIC
SCHOOLS IN THE STATE INCLUDING CHARTER SCHOOLS PURSUANT TO THE
PROVISIONS OF PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT
HUNDRED FIFTY-THREE OF THIS CHAPTER. WHENEVER THE TERM "BOARD OF EDUCA-
TION OR SUPERINTENDENT OF SCHOOLS" IS USED IN THIS SECTION, IT SHALL BE
DEEMED TO INCLUDE BOARD OF TRUSTEES, THE CHANCELLOR OF THE CITY SCHOOL
DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF 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.
2. SUSPENSION OF A STUDENT. 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, SUPERINTENDENT OF SCHOOLS, DISTRICT
SUPERINTENDENT OF SCHOOLS AND THE PRINCIPAL OF THE SCHOOL WHERE THE
STUDENT ATTENDS SHALL HAVE THE POWER TO SUSPEND A STUDENT AS FOLLOWS:
A. FOR A PERIOD NOT TO EXCEED FIVE CONSECUTIVE SCHOOL DAYS PROVIDED
THAT THE SUSPENSION OF SUCH STUDENT IS NOT PROHIBITED BY SECTION TWEN-
TY-EIGHT HUNDRED ONE OF THIS CHAPTER.
(1) IN THE CASE OF SUCH A SUSPENSION, THE SUSPENDING AUTHORITY SHALL
PROVIDE THE STUDENT WITH WRITTEN NOTICE OF THE CHARGED MISCONDUCT
INCLUDING A BRIEF EXPLANATION 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, THE
PROCEDURES FOR APPEAL, AND THE MANNER AND LOCATION OF ALTERNATIVE
INSTRUCTION TO BE PROVIDED TO THE STUDENT FOR THE DURATION OF THE
SUSPENSION IF THE STUDENT IS SUSPENDED OUT OF SCHOOL.
(2) THE STUDENT AND THE PARENT OR PERSON IN PARENTAL RELATION TO THE
STUDENT SHALL BE GIVEN AN OPPORTUNITY FOR AN INFORMAL CONFERENCE WITH
THE PRINCIPAL. AT THE CONFERENCE, THE STUDENT AND PARENT OR PERSON IN
PARENTAL RELATION SHALL BE AUTHORIZED TO REVIEW ALL EVIDENCE OF THE
ALLEGED MISCONDUCT, PRESENT THE STUDENT'S VERSION OF THE EVENT, TO ASK
QUESTIONS OF THE COMPLAINING WITNESSES, AND TO BE REPRESENTED BY AN
ATTORNEY OR ADVOCATE. THE AFORESAID NOTICE AND OPPORTUNITY FOR AN
INFORMAL CONFERENCE SHALL TAKE PLACE PRIOR TO SUSPENSION OF THE STUDENT
A. 5691--A 9
UNLESS THE 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 STUDENT'S NOTICE AND OPPORTUNITY FOR AN
INFORMAL CONFERENCE SHALL TAKE PLACE AS SOON AFTER THE SUSPENSION BEGINS
AS IS REASONABLY PRACTICABLE.
B. FOR A PERIOD NOT TO EXCEED TWENTY CONSECUTIVE SCHOOL DAYS,
PROVIDED THAT THE SUSPENSION OF SUCH STUDENT IS NOT PROHIBITED BY SUBDI-
VISION TWO OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER, OR FOR A
PERIOD IN EXCESS OF TWENTY CONSECUTIVE SCHOOL DAYS, PROVIDED THE SUSPEN-
SION SHALL ONLY BE FOR CONDUCT THAT FALLS UNDER AN EXCEPTION AS
DESCRIBED IN A CODE OF CONDUCT ADOPTED PURSUANT TO SECTION TWENTY-EIGHT
HUNDRED ONE OF THIS CHAPTER OR PURSUANT TO APPLICABLE FEDERAL LAW.
(1) NO STUDENT MAY BE SUSPENDED FOR A PERIOD IN EXCESS OF FIVE CONSEC-
UTIVE SCHOOL DAYS WITHOUT APPROVAL FROM THE SUPERINTENDENT.
(2) IF APPROVED, SUCH STUDENT AND THE PARENT OR PERSON IN PARENTAL
RELATION TO SUCH STUDENT SHALL HAVE HAD AN OPPORTUNITY FOR A FAIR HEAR-
ING, UPON REASONABLE WRITTEN NOTICE, 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, INCLUDING BUT NOT LIMITED TO STATEMENTS BY STUDENTS
AND STAFF, VIDEO SURVEILLANCE, ANECDOTAL RECORDS, PHOTOGRAPHS AND OTHER
DOCUMENTARY EVIDENCE, AUDIO RECORDINGS, AND OTHER MATERIALS RELATED TO
THE INCIDENT SHALL BE PROVIDED TO THE STUDENT AND PARENT OR PERSON IN
PARENTAL RELATION TO THE STUDENT, AND TO ANY ATTORNEY OR ADVOCATE OF THE
STUDENT, AS WELL AS NOTICE OF THE TIME, MANNER AND PLACE OF THE
PROVISION OF ALTERNATIVE INSTRUCTION WHEN A STUDENT IS REMOVED FROM THE
SCHOOL BUILDING BECAUSE OF THE SUSPENSION PROCEEDING. THE HEARING SHALL
BE CONVENED WITHIN FIVE DAYS OF THE WRITTEN NOTICE, UNLESS THE PARENT OR
PERSON IN PARENTAL RELATION TO THE STUDENT OR STUDENT REQUESTS A LATER
DATE.
(3) AT THE HEARING, SUCH STUDENT SHALL HAVE THE RIGHT OF REPRESEN-
TATION BY AN ATTORNEY OR ADVOCATE, WITH THE RIGHT TO REQUEST THE PRES-
ENCE OF AND QUESTION WITNESSES AGAINST SUCH STUDENT AND TO REQUEST THE
PRESENCE OF AND PRESENT WITNESSES AND OTHER EVIDENCE ON THEIR BEHALF.
(4) WHERE 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.
(5) WHERE A STUDENT HAS BEEN SUSPENDED IN ACCORDANCE WITH THIS PARA-
GRAPH, 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, SUPERINTENDENT OF SCHOOLS, DISTRICT SUPERINTENDENT OF SCHOOLS,
OR COMMUNITY SUPERINTENDENT SHALL PERSONALLY HEAR AND DETERMINE THE
PROCEEDING OR MAY, IN THEIR DISCRETION, DESIGNATE A HEARING OFFICER TO
CONDUCT THE HEARING. THE ENTITY OR INDIVIDUAL THAT CONDUCTS THE HEARING
SHALL BE AUTHORIZED TO ADMINISTER OATHS AND TO ISSUE SUBPOENAS IN
CONJUNCTION WITH THE PROCEEDING.
(6) A RECORD OF THE HEARING SHALL BE MAINTAINED, BUT NO STENOGRAPHIC
TRANSCRIPT SHALL BE REQUIRED AND AN AUDIO RECORDING SHALL BE DEEMED A
SATISFACTORY RECORD. THE ENTITY OR INDIVIDUAL THAT CONDUCTS THE HEARING
SHALL MAKE WRITTEN FINDINGS OF FACT BASED ON A PREPONDERANCE OF THE
EVIDENCE AND SHALL MAKE RECOMMENDATIONS AS TO THE APPROPRIATE MEASURE OF
DISCIPLINE 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
A. 5691--A 10
NEW YORK, OTHER GOVERNING BODY, SUPERINTENDENT OF SCHOOLS OR DISTRICT
SUPERINTENDENT OF SCHOOLS MAY ACCEPT ALL OR ANY PART THEREOF.
(7) 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, 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 DETERMINATION, PROCEDURES FOR APPEAL,
THE DATE BY WHICH THE APPEAL SHALL BE FILED, AND THE MANNER AND LOCATION
OF ALTERNATIVE INSTRUCTION TO BE PROVIDED TO THE STUDENT FOR THE DURA-
TION OF THE SUSPENSION IF THE STUDENT IS SUSPENDED OUT OF SCHOOL.
(8) 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.
(9) WHERE A STUDENT HAS BEEN SUSPENDED IN ACCORDANCE WITH THIS SECTION
BY A BOARD OF EDUCATION OR TRUSTEES, 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 THE SUPERINTENDENT. 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 THEMSELVES WITH THE
EVIDENCE IN THE CASE. THE BOARD MAY REJECT, CONFIRM OR MODIFY THE
CONCLUSIONS OF THE HEARING OFFICER.
C. (1) CONSISTENT WITH THE FEDERAL GUN-FREE SCHOOLS ACT, ANY PUBLIC
SCHOOL 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 SUBDIVI-
SION 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 SUBDIVI-
SION SHALL APPLY TO SUCH A SUSPENSION OF A NONPUBLIC SCHOOL STUDENT. A
SUPERINTENDENT OF SCHOOLS, DISTRICT SUPERINTENDENT OF SCHOOLS OR COMMU-
NITY 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, OR THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE
OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, PURSUANT TO SUBDI-
VISION ONE 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 STUDENT
A. 5691--A 11
UNDER THE AGE OF SIXTEEN WHO HAS BEEN DETERMINED TO HAVE BROUGHT A WEAP-
ON OR FIREARM TO SCHOOL IN VIOLATION OF THIS SUBDIVISION TO A PRESENT-
MENT AGENCY FOR A JUVENILE DELINQUENCY PROCEEDING CONSISTENT WITH ARTI-
CLE THREE OF THE FAMILY COURT ACT EXCEPT 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. A SUPER-
INTENDENT SHALL REFER ANY 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 CRIM-
INAL 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 OFFICIALS.
(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 TWO OF SUBSECTION G OF
SECTION NINE HUNDRED THIRTY OF TITLE EIGHTEEN OF THE UNITED STATES CODE.
3. ALTERNATIVE LEARNING SPACES OR SCHOOLS. THE SCHOOL AUTHORITIES OF
ANY CITY, SCHOOL DISTRICT OR PUBLIC SCHOOL, OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES SHALL ESTABLISH, TO THE EXTENT PRACTICABLE, SCHOOLS
OR SET APART SPACES IN SCHOOL BUILDINGS OR PROPERTIES FOR THE INSTRUC-
TION OF 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. THE COMMISSIONER
SHALL ESTABLISH GUIDANCE FOR ALTERNATIVE LEARNING SPACES OR SCHOOLS FOR
WHEN STUDENTS ARE REMOVED FROM THE CLASSROOM OR SUSPENDED, INCLUDING
ALLOWING A STUDENT THAT HAS BEEN REMOVED OR SUSPENDED ON SCHOOL PROPERTY
TO TAKE AN EXAMINATION OR ASSESSMENT THAT CANNOT BE RESCHEDULED WHEN THE
STUDENT PRESENTS A RISK TO THE HEALTH AND SAFETY OF THE SCHOOL COMMUNITY
AS IT APPLIES TO SUBDIVISIONS SEVEN AND EIGHT OF THIS SECTION AND
SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER.
4. CONSIDERATION FOR STUDENT SUSPENSION. 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, the superintendent of schools, district superintendent of
schools or principal of a school may suspend [the following pupils]
STUDENTS from required attendance upon instruction[:
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 SUBDIVISION TWO OF THIS SECTION, 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,
A. 5691--A 12
REDRESS ANY HARM OR DAMAGE, AND PREVENT FUTURE VIOLATIONS OF THE CODE OF
CONDUCT.
(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) The board of education, board of trustees, or sole trustee,
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 such a suspension, 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 explanation of the
basis for the suspension. The pupil and the person in parental relation
to the pupil shall, on request, be given an opportunity 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 afore-
said notice and opportunity for an informal conference 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 shall take place as
soon after the suspension as is reasonably practicable.
(2) A teacher shall immediately report and refer a violent pupil prin-
cipal 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 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 tran-
script shall be required and a tape recording shall be deemed a satis-
factory 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
A. 5691--A 13
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) 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.
d. (1) Consistent with the federal gun-free schools act, any public
school pupil 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 partic-
ipation in such program. The procedures of this subdivision shall apply
to such a suspension of a nonpublic school pupil. 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 pursuant to para-
graph 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
under the age of sixteen who has been determined to have brought a weap-
on or firearm to school in violation of this subdivision to a present-
ment agency for a juvenile delinquency proceeding consistent with arti-
cle three of the family court act except 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. A super-
intendent shall refer any pupil 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 crim-
inal 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 officials.
A. 5691--A 14
(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.] 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 AND EMOTIONAL HEALTH, DISABILITIES, AND PROVISIONS
OF AN INDIVIDUALIZED EDUCATION PROGRAM AS IT RELATES TO THE STUDENT'S
BEHAVIOR;
(3) THE STUDENT AS A WHOLE INCLUDING LIFE INSIDE AND OUTSIDE OF SCHOOL
THAT MAY IMPACT BEHAVIOR SUCH AS FOOD INSECURITY, HOMELESSNESS, BULLY-
ING, LACK OF SCHOOL SUPPLIES, ABUSE, HYGIENE ACCESS, AND OTHER ISSUES
THAT MAY OCCUR IN OR OUT OF SCHOOL;
(4) THE STUDENT'S WILLINGNESS TO RESOLVE THE CONFLICT AND REPAIR ANY
HARM OR DAMAGE;
(5) THE STUDENT'S PRIOR CONDUCT, THE APPROPRIATENESS OF PRIOR INTER-
VENTIONS, AND THE EFFECTIVENESS OF ANY PRIOR INTERVENTIONS;
(6) THE RELATIONSHIP, IF ANY, BETWEEN THE STUDENT'S ACADEMIC PLACEMENT
AND PROGRAM AND THE ALLEGED VIOLATION OF THE CODE OF CONDUCT; AND
(7) OTHER FACTORS DETERMINED TO BE RELEVANT.
5. 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] THEIR attendance upon instruction
elsewhere [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, 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 the best interest of the school and
the [pupil] STUDENT to do so. The board of education OR TRUSTEES, OR THE
CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL
DISTRICT FOR THE CITY OF NEW YORK, may 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. Whenever the term "board of education or superintendent of
schools" is used in this subdivision, it shall be deemed to include
community boards of education and community superintendents governing
community districts in accordance with the provisions of article fifty-
two-A of this chapter.
A. 5691--A 15
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 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 disci-
pline purposes, may be suspended or removed from [his or her] THEIR
current educational 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 regu-
lations 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 applicable federal law and regu-
lations, 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:
(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
[(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, 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 PROHIB-
ITED BY 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 PROHIB-
ITED 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 FOUR OF THIS PARAGRAPH, 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, 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,
A. 5691--A 16
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 TWO OF THIS PARAGRAPH 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 FOUR OF THIS PARAGRAPH, the
suspension does not result in a change in placement under federal law.
[(iv)] (4) 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, PROVIDED THAT THE SUSPENSION OF SUCH STUDENT IS NOT PROHIBITED BY
SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER.
[(v)] (5) 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)] (6) 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 TWEN-
TY-EIGHT HUNDRED ONE OF THIS CHAPTER.
[(vii)] (7) an impartial hearing officer appointed pursuant to subdi-
vision 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)] (8) nothing in this section shall be construed to authorize
the suspension or removal of a student with a disability from [his or
her] THEIR current educational placement for violation of school rules
following a determination by a manifestation team that the behavior is a
manifestation of the student's disability, except as authorized under
federal law and regulations.
[(ix)] (9) 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
A. 5691--A 17
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.] 7. EDUCATION PLAN. 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 CONSULTA-
TION WITH THE STUDENT'S TEACHERS, SHALL CREATE AN EDUCATION PLAN FOR THE
STUDENT FOR EACH CLASS IN WHICH THE STUDENT IS ENROLLED, ACCORDING TO
THE TIMEFRAME POLICIES REQUIRED IN THE CODE OF CONDUCT DESCRIBED IN
SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER. 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 THEY WOULD HAVE
BEEN ELIGIBLE TO EARN HAD THE STUDENT BEEN IN CLASS, INCLUDING THE
OPPORTUNITY TO COMPLETE ANY MISSED ASSIGNMENTS OR TAKE ANY MISSED EXAM-
INATION OR ASSESSMENTS DURING THE STUDENT'S SUSPENSION. IF AN EXAMINA-
TION 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, UNLESS THE STUDENT
PRESENTS A RISK TO THE HEALTH AND SAFETY OF THE SCHOOL COMMUNITY THEN
THE ASSESSMENT OR EXAMINATION SHOULD BE PROVIDED IN AN ALTERNATIVE SPACE
AS DESCRIBED IN SUBDIVISION THREE OF THIS SECTION, IF AVAILABLE.
8. 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. The school authorities of any school
district OR PUBLIC SCHOOL, BOARD OF COOPERATIVE EDUCATIONAL SERVICES
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] SECTION. 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 UNLESS THE
STUDENT PRESENTS A RISK TO THE HEALTH AND SAFETY OF THE SCHOOL COMMUNITY
THEN THE ASSESSMENT OR EXAMINATION SHOULD BE PROVIDED IN AN ALTERNATIVE
SPACE AS DESCRIBED IN SUBDIVISION THREE OF THIS SECTION, IF AVAILABLE.
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
A. 5691--A 18
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
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] FIVE of
paragraph [g] C of subdivision [three] SIX 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] THEIR discretion, designate a
school district administrator, to carry out the functions required of
the principal under this subdivision.
[4.] 9. 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] THE STUDENT 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.] 10. 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] 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
A. 5691--A 19
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] subdivision [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 bound-
aries.
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] 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
elapsed, or, if a fair hearing is requested, until after a formal deci-
sion following the hearing is rendered, whichever is later.
E. Parental consent to a transfer shall not constitute a waiver of the
right to a fair hearing.
[6.] 11. Transfer of a [pupil] STUDENT. Where a suspended [pupil]
STUDENT is to be transferred pursuant to subdivision [five] TEN of this
section, [he or she] THE STUDENT shall remain on the register of the
original school for two school days following transmittal of [his or
her] THEIR records to the school to which [he or she] THE STUDENT is to
be transferred. The receiving school shall immediately upon receiving
those records transmitted by the original school, review them to
[insure] ENSURE 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
A. 5691--A 20
problems of the [pupil] STUDENT before the [pupil] STUDENT is placed in
a classroom.
[7.] 12. 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.
13. ANNUAL REPORT ON STUDENT DISCIPLINE. A. THE BOARD OF EDUCATION OR
SUPERINTENDENT OF SCHOOLS SHALL POST ON ITS WEBSITE AND SUBMIT TO THE
DEPARTMENT BY OCTOBER THIRTY-FIRST OF EACH YEAR AN ANNUAL REPORT, BASED
ON DATA FROM THE PRECEDING SCHOOL YEAR, ON THE DISCIPLINE OF STUDENTS.
THE DEPARTMENT SHALL ANALYZE THE COLLECTED DATA AND COMPARE TO PREVIOUS
YEAR POST COLLECTED ANNUAL REPORTS ON THEIR WEBSITE BY NOVEMBER THIRTI-
ETH OF EACH YEAR.
B. THE COMMISSIONER SHALL ESTABLISH AND DISTRIBUTE A UNIFORM REPORTING
STRUCTURE FOR SCHOOL DISTRICTS TO FILL OUT FOR ANNUAL REPORT ON THE
DISCIPLINE OF STUDENTS REQUIREMENT, PURSUANT TO THIS SUBDIVISION. THE
UNIFORM REPORTING STRUCTURE SHALL COLLECT DATA ON THE FOLLOWING:
(1) THE NUMBER OF TEACHER REMOVALS, NUMBER OF DAYS REMOVED, AND
PURPOSE OF REMOVAL;
(2) THE NUMBER OF SUSPENSIONS, LENGTH OF SUSPENSION, AND PURPOSE OF
SUSPENSION;
(3) THE NUMBER OF STUDENTS SUBJECTED MORE THAN ONCE TO A TEACHER
REMOVAL, SUSPENSION, OR ANY COMBINATION THEREOF;
(4) THE NUMBER OF STUDENTS SUBJECTED TO AN EXPULSION; AND
(5) THIS DATA SHALL BE DISAGGREGATED, WHERE APPARENT, DISCLOSED OR
DISCOVERABLE: BY RACE, ETHNICITY, GENDER, GENDER EXPRESSION, SEXUALITY,
FAMILY INCOME OR ECONOMIC STATUS, RELIGION, GRADE, YEAR OF BIRTH, WHETH-
ER THE INDIVIDUAL IS RECEIVING SPECIAL EDUCATION SERVICES, WHETHER THE
INDIVIDUAL IS AN ENGLISH LANGUAGE LEARNER, AND HOMELESS STATUS.
§ 5. Subdivision (a) of section 8 of chapter 430 of the laws of 2006,
amending the education law relating to implementation of the federal
individuals with disabilities education improvement act of 2004, as
amended by chapter 253 of the laws of 2021, is amended to read as
follows:
(a) sections one[, two,] and six of this act shall expire and be
deemed repealed June 30, 2024;
§ 6. Section 22 of chapter 352 of the laws of 2005, amending the
education law relating to implementation of the federal individuals with
disabilities education improvement act of 2004, as amended by chapter
253 of the laws of 2021, is amended to read as follows:
§ 22. This act shall take effect July 1, 2005, provided, however, if
this act shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after July 1, 2005; and provided further, however, that sections one
through [four] THREE and six through twenty-one of this act shall expire
and be deemed repealed June 30, 2024, and section five of this act shall
expire and be deemed repealed June 30, 2024.
§ 7. Subdivision d of section 27 of chapter 378 of the laws of 2007,
amending the education law relating to implementation of the federal
A. 5691--A 21
individuals with disabilities education improvement act of 2004, as
amended by chapter 253 of the laws of 2021, is amended to read as
follows:
d. [the provisions] SECTIONS ONE, TWO AND FOUR THROUGH TWENTY-FIVE of
this act shall expire and be deemed repealed June 30, 2024.
§ 8. This act shall take effect immediately; provided, however that
sections two and four of this act shall take effect July 1, 2025.