Provides that 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2985
SPONSOR: Gallahan
 
TITLE OF BILL:
An act to amend the education law, in relation to school suspensions
 
PURPOSE:
To authorize schools to suspend students for more than five days, but no
more than ten days if the student may be a threat to himself, herself,
or others.
 
SUMMARY OF PROVISIONS:
Sections 1 and 2: Amend the Education Law to provide that where a pupil
may be a dangerous threat to himself, herself or others, such pupil may
be suspended for no more than 10 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.
Section 3: Provides an immediate effective date provided that amendments
made by section 1 of this act shall be subject to ,the expiration and
reversion.
 
JUSTIFICATION:
Pursuant to New York State's Education Law 3214 (c), no pupil may be
suspended for more than 5 days unless such pupil and parent have an
opportunity for a fair hearing. Additionally, pursuant to Education Law
3214 (g), a student with a disability may be suspended in accordance
with both state and federal law. Pursuant to 20 USC 1415 (k), school
personnel may remove a child with a disability who violates a code of
student conduct from their current placement to an appropriate interim
alternative educational setting, another setting, or suspension, for not
more than 10 school days (to the extent such alternatives are applied to
children without disabilities).
Oftentimes, when a student is suspended for five days due to violence,
the school does not have enough time to determine if such student is a
threat to himself, herself, or others. By extending the suspension peri-
od to ten days for both nondisabled and disabled children, schools can
have more time to consult with medical professionals and other experts
including law enforcement as to whether student may be a dangerous
threat and/or cause harm. This gives the school ample time to engage in
a full and complete evaluation before letting a potentially dangerous
student return to school.
 
LEGISLATIVE HISTORY:
2021-22: A.5415
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
2985
2023-2024 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Subparagraph 1 of paragraph c of subdivision 3 of section
2 3214 of the education law, as amended by chapter 430 of the laws of
3 2006, is amended to read as follows:
4 (1) No pupil may be suspended for a period in excess of five school
5 days unless such pupil and the person in parental relation to such pupil
6 shall have had an opportunity for a fair hearing, upon reasonable
7 notice, at which such pupil shall have the right of representation by
8 counsel, with the right to question witnesses against such pupil and to
9 present witnesses and other evidence on his or her behalf. Where a pupil
10 may be considered a dangerous threat to himself, herself, or others,
11 such pupil may be suspended for no more than ten days prior to a hearing
12 taking place to allow the school to have adequate time to make an evalu-
13 ation on the pupil's mental health, which may include a psychiatric
14 evaluation, and the risk of danger to others and to consult with law
15 enforcement. Where the pupil is a student with a disability or a student
16 presumed to have a disability, the provisions of paragraph g of this
17 subdivision shall also apply. Where a pupil has been suspended in
18 accordance with this subparagraph by a superintendent of schools,
19 district superintendent of schools, or community superintendent, the
20 superintendent shall personally hear and determine the proceeding or
21 may, in his or her discretion, designate a hearing officer to conduct
22 the hearing. The hearing officer shall be authorized to administer oaths
23 and to issue subpoenas in conjunction with the proceeding before him or
24 her. A record of the hearing shall be maintained, but no stenographic
25 transcript shall be required and a tape recording shall be deemed a
26 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
1 and recommendations as to the appropriate measure of discipline to the
2 superintendent. The report of the hearing officer shall be advisory
3 only, and the superintendent may accept all or any part thereof. An
4 appeal will lie from the decision of the superintendent to the board of
5 education who shall make its decision solely upon the record before it.
6 The board may adopt in whole or in part the decision of the superinten-
7 dent of schools. Where the basis for the suspension is, in whole or in
8 part, the possession on school grounds or school property by the student
9 of any firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor,
10 stiletto or any of the weapons, instruments or appliances specified in
11 subdivision one of section 265.01 of the penal law, the hearing officer
12 or superintendent shall not be barred from considering the admissibility
13 of such weapon, instrument or appliance as evidence, notwithstanding a
14 determination by a court in a criminal or juvenile delinquency proceed-
15 ing that the recovery of such weapon, instrument or appliance was the
16 result of an unlawful search or seizure.
17 § 2. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of
18 the education law, as amended by chapter 380 of the laws of 2001, is
19 amended to read as follows:
20 (1) No pupil may be suspended for a period in excess of five school
21 days unless such pupil and the person in parental relation to such pupil
22 shall have had an opportunity for a fair hearing, upon reasonable
23 notice, at which such pupil shall have the right of representation by
24 counsel, with the right to question witnesses against such pupil and to
25 present witnesses and other evidence on his behalf. Where a pupil may be
26 considered a dangerous threat to himself, herself, or others, such pupil
27 may be suspended for no more than ten days prior to a hearing taking
28 place to allow the school to have adequate time to make an evaluation on
29 the pupil's mental health, which may include a psychiatric evaluation,
30 and the risk of danger to others and to consult with law enforcement.
31 Where a pupil has been suspended in accordance with this subdivision by
32 a superintendent of schools, district superintendent of schools, or
33 community superintendent, the superintendent shall personally hear and
34 determine the proceeding or may, in his discretion, designate a hearing
35 officer to conduct the hearing. The hearing officer shall be authorized
36 to administer oaths and to issue subpoenas in conjunction with the
37 proceeding before him. A record of the hearing shall be maintained, but
38 no stenographic transcript shall be required and a tape recording shall
39 be deemed a satisfactory record. The hearing officer shall make findings
40 of fact and recommendations as to the appropriate measure of discipline
41 to the superintendent. The report of the hearing officer shall be advi-
42 sory only, and the superintendent may accept all or any part thereof. An
43 appeal will lie from the decision of the superintendent to the board of
44 education who shall make its decision solely upon the record before it.
45 The board may adopt in whole or in part the decision of the superinten-
46 dent of schools. Where the basis for the suspension is, in whole or in
47 part, the possession on school grounds or school property by the student
48 of any firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor,
49 stiletto or any of the weapons, instruments or appliances specified in
50 subdivision one of section 265.01 of the penal law, the hearing officer
51 or superintendent shall not be barred from considering the admissibility
52 of such weapon, instrument or appliance as evidence, notwithstanding a
53 determination by a court in a criminal or juvenile delinquency proceed-
54 ing that the recovery of such weapon, instrument or appliance was the
55 result of an unlawful search or seizure.
A. 2985 3
1 § 3. This act shall take effect immediately, provided that the amend-
2 ments to subparagraph 1 of paragraph c of subdivision 3 of section 3214
3 of the education law made by section one of this act shall be subject to
4 the expiration and reversion of such subparagraph pursuant to section 8
5 of chapter 430 of the laws of 2006, as amended, when upon such date the
6 provisions of section two of this act shall take effect.