Provides that 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 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: A4314
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 eval-
uation 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 amend-
ments 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 alter-
natives 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:
2023-24: A.2985
2021-22: A.5415
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
4314
2025-2026 Regular Sessions
IN ASSEMBLY
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:
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] their behalf. Where
10 a pupil may be considered a dangerous threat to themself or others, such
11 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] their discretion, designate a hearing officer to
22 conduct the hearing. The hearing officer shall be authorized to adminis-
23 ter oaths and to issue subpoenas in conjunction with the proceeding
24 before [him or her] such hearing officer. A record of the hearing shall
25 be maintained, but no stenographic transcript shall be required and a
26 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
1 cer shall make findings of fact and recommendations as to the appropri-
2 ate measure of discipline to the superintendent. The report of the hear-
3 ing officer shall be advisory only, and the superintendent may accept
4 all or any part thereof. An appeal will lie from the decision of the
5 superintendent to the board of education who shall make its decision
6 solely upon the record before it. The board may adopt in whole or in
7 part the decision of the superintendent of schools. Where the basis for
8 the suspension is, in whole or in part, the possession on school grounds
9 or school property by the student of any firearm, rifle, shotgun,
10 dagger, dangerous knife, dirk, razor, stiletto or any of the weapons,
11 instruments or appliances specified in subdivision one of section 265.01
12 of the penal law, the hearing officer or superintendent shall not be
13 barred from considering the admissibility of such weapon, instrument or
14 appliance as evidence, notwithstanding a determination by a court in a
15 criminal or juvenile delinquency proceeding that the recovery of such
16 weapon, instrument or appliance was the result of an unlawful search or
17 seizure.
18 § 2. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of
19 the education law, as amended by chapter 380 of the laws of 2001, is
20 amended to read as follows:
21 (1) No pupil may be suspended for a period in excess of five school
22 days unless such pupil and the person in parental relation to such pupil
23 shall have had an opportunity for a fair hearing, upon reasonable
24 notice, at which such pupil shall have the right of representation by
25 counsel, with the right to question witnesses against such pupil and to
26 present witnesses and other evidence on [his] their behalf. Where a
27 pupil may be considered a dangerous threat to themself or others, such
28 pupil may be suspended for no more than ten days prior to a hearing
29 taking place to allow the school to have adequate time to make an evalu-
30 ation on the pupil's mental health, which may include a psychiatric
31 evaluation, and the risk of danger to others and to consult with law
32 enforcement. Where a pupil has been suspended in accordance with this
33 subdivision by a superintendent of schools, district superintendent of
34 schools, or community superintendent, the superintendent shall
35 personally hear and determine the proceeding or may, in [his] their
36 discretion, designate a hearing officer to conduct the hearing. The
37 hearing officer shall be authorized to administer oaths and to issue
38 subpoenas in conjunction with the proceeding before [him] such officer.
39 A record of the hearing shall be maintained, but no stenographic tran-
40 script shall be required and a tape recording shall be deemed a satis-
41 factory record. The hearing officer shall make findings of fact and
42 recommendations as to the appropriate measure of discipline to the
43 superintendent. The report of the hearing officer shall be advisory
44 only, and the superintendent may accept all or any part thereof. An
45 appeal will lie from the decision of the superintendent to the board of
46 education who shall make its decision solely upon the record before it.
47 The board may adopt in whole or in part the decision of the superinten-
48 dent of schools. Where the basis for the suspension is, in whole or in
49 part, the possession on school grounds or school property by the student
50 of any firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor,
51 stiletto or any of the weapons, instruments or appliances specified in
52 subdivision one of section 265.01 of the penal law, the hearing officer
53 or superintendent shall not be barred from considering the admissibility
54 of such weapon, instrument or appliance as evidence, notwithstanding a
55 determination by a court in a criminal or juvenile delinquency proceed-
A. 4314 3
1 ing that the recovery of such weapon, instrument or appliance was the
2 result of an unlawful search or seizure.
3 § 3. This act shall take effect immediately, provided that the amend-
4 ments to subparagraph 1 of paragraph c of subdivision 3 of section 3214
5 of the education law made by section one of this act shall be subject to
6 the expiration and reversion of such subparagraph pursuant to section 8
7 of chapter 430 of the laws of 2006, as amended, when upon such date the
8 provisions of section two of this act shall take effect.
