Assembly Bill A4314

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4314
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2025
                                ___________
 
 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] THEIR behalf. WHERE
 A PUPIL MAY BE CONSIDERED A DANGEROUS THREAT TO THEMSELF 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] THEIR discretion, designate a  hearing  officer  to
 conduct the hearing. The hearing officer shall be authorized to adminis-
 ter  oaths  and  to  issue  subpoenas in conjunction with the proceeding
 before [him or her] SUCH HEARING OFFICER.  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 offi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05964-01-5
              

 A. 4314                             2
 
 cer  shall make findings of fact and recommendations as to the appropri-
 ate measure of discipline to the superintendent. The report of the hear-
 ing officer shall be advisory only, and the  superintendent  may  accept
 all  or  any  part  thereof. An appeal will lie from the decision of the
 superintendent to the board of education who  shall  make  its  decision
 solely  upon  the  record  before it. The board may adopt in whole or in
 part the decision of the superintendent of schools.  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.
   § 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]  THEIR  behalf.  WHERE  A
 PUPIL  MAY  BE CONSIDERED A DANGEROUS THREAT TO THEMSELF 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  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]  THEIR
 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] SUCH OFFICER.
 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
 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-
 A. 4314                             3
 
 ing  that  the  recovery of such weapon, instrument or appliance was the
 result of an unlawful search or seizure.
   §  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.