Amd §§2801 & 3214, Ed L; amd §17, Chap 123 of 2003; amd §8, Chap 430 of 2006; amd §22, Chap 352 of 2005; amd
§27, Chap 378 of 2007
 
Relates to school climate and codes of conduct on school property and disciplinary action following violation of such codes of conduct; makes conforming amendments.
STATE OF NEW YORK
________________________________________________________________________
134
2025-2026 Regular Sessions
IN SENATE(Prefiled)
January 8, 2025
___________
Introduced by Sens. JACKSON, BAILEY, BRISPORT, BROUK, CLEARE, COMRIE,
COONEY, FERNANDEZ, GIANARIS, GONZALEZ, HARCKHAM, HINCHEY, HOYLMAN-SI-
GAL, KAVANAGH, LIU, MAY, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALA-
ZAR, SANDERS, SEPULVEDA, SERRANO, WEBB -- read twice and ordered
printed, and when printed to be committed to the Committee on Educa-
tion
AN ACT to amend the education law, in relation to school climate and
codes of conduct on school property and disciplinary action following
violation of such codes of conduct; to amend chapter 123 of the laws
of 2003 amending the education law relating to establishing the commu-
nity district education council within the New York city community
school district system, in relation to the effectiveness thereof; to
amend chapter 430 of the laws of 2006, amending the education law
relating to implementation of the federal individuals with disabili-
ties education improvement act of 2004, in relation to the effective-
ness thereof; to amend 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, in relation to
the effectiveness thereof; and to amend chapter 378 of the laws of
2007, amending the education law relating to implementation of the
federal individuals with disabilities education improvement act of
2004, in relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "Judith
2 Kaye School Solutions not Suspensions Act".
3 § 2. Section 2801 of the education law, as added by chapter 181 of the
4 laws of 2000, subdivision 1 as amended by chapter 402 of the laws of
5 2005, the opening paragraph, paragraph a and paragraph c of subdivision
6 2 and paragraph a of subdivision 5 as amended by chapter 380 of the laws
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00276-01-5
S. 134 2
1 of 2001, paragraphs l and m as amended and paragraph n of subdivision 2
2 as added by chapter 482 of the laws of 2010, and subdivision 3 as
3 amended by chapter 123 of the laws of 2003, is amended to read as
4 follows:
5 § 2801. Codes of conduct on school property. 1. Notwithstanding any
6 provision of law, rule or regulation to the contrary, this section shall
7 apply to all public schools in the state. For purposes of this
8 section[,]:
9 a. public school shall include public charter schools pursuant to the
10 provisions of paragraph (c) of subdivision one of section twenty-eight
11 hundred fifty-three of this title; and
12 b. school property means in or within any building, structure, athlet-
13 ic playing field, playground, parking lot or land contained within the
14 real property boundary line of [a] all public elementary or secondary
15 [school] schools; or in or on a school bus, as defined in section one
16 hundred forty-two of the vehicle and traffic law; [and a] or a school's
17 electronic files and databases. A school function shall mean a school-
18 sponsored or school-authorized extra-curricular event or activity
19 regardless of where such event or activity takes place, including any
20 event or activity that may take place in another state.
21 2. The board of education or the trustees[, as defined in section two
22 of this chapter,] of every public school or school district [within the
23 state, however created, and every] or the chancellor of the city school
24 district in the case of the city school district of the city of New
25 York, and every board of cooperative educational services [and county
26 vocational extension board], shall adopt and amend, as appropriate, a
27 code of conduct for the maintenance of order on school property, includ-
28 ing a school function, which shall promote and sustain a safe, respect-
29 ful, and supportive school environment and govern the conduct of
30 students, teachers and other school personnel as well as visitors and
31 shall provide for the enforcement thereof. Such policy may be adopted by
32 the [school] board of education or trustees, or the chancellor of the
33 city school district in the case of the city school district of the city
34 of New York only after at least one public hearing that provides for the
35 participation of school personnel, parents, students and any other
36 interested parties before its adoption. The school district or public
37 school, or board of cooperative educational services shall notify the
38 school community and general public about the hearing at least fifteen
39 days prior to the date of the hearing. Such notice shall include the
40 date, time, and place of the hearing, the agenda, a copy of the proposed
41 code of conduct, and information about a public comment period as deter-
42 mined by the school district or public school, or board of cooperative
43 educational services. The school district or public school, or board of
44 cooperative educational services shall take necessary steps to notify
45 families who do not speak English and whose children attend a school in
46 the district or public school, or a board of cooperative educational
47 services. Such code of conduct shall define violations of the code of
48 conduct and set clear expectations for student conduct on school proper-
49 ty, including at school functions, and shall include, at a minimum:
50 a. [provisions] Acceptable and unacceptable behavior. Provisions
51 detailing acceptable and unacceptable behavior in schools shall include
52 behavior:
53 (i) regarding conduct, dress and language deemed appropriate and
54 acceptable on school property, including a school function, and conduct,
55 dress and language deemed unacceptable and inappropriate on school prop-
56 erty, including a school function[,]; and
S. 134 3
1 [provisions] (ii) regarding acceptable civil and respectful treatment
2 of teachers, school administrators, other school personnel, students and
3 visitors on school property[, including a] and at school [function,
4 including the appropriate range of disciplinary measures which may be
5 imposed for violation of such code, and the roles of teachers, adminis-
6 trators, other school personnel, the board of education and parents;]
7 functions.
8 b. Disciplinary measures and strategies. Provisions detailing disci-
9 plinary measures shall:
10 (i) be age-appropriate, graduated, and proportionate to respond to any
11 violation of the code of conduct before imposing a removal or suspen-
12 sion, the building administrator shall consult with a school psychol-
13 ogist or other mental health professional, to determine age-appropriate
14 supports and interventions for the student for removal, detention, or
15 suspension;
16 (ii) consider the student's whole circumstances from a holistic lens
17 including life inside and outside of school that may impact behavior
18 including but not limited to food insecurity, homelessness, bullying,
19 lack of school supplies, abuse, hygiene access, and other issues that
20 may occur in or out of school;
21 (iii) utilize multi-tiered systems of support and positive behavioral
22 interventions, including:
23 (1) use of the least severe action necessary to respond to any
24 violation of the code of conduct before imposing a removal or suspen-
25 sion; and
26 (2) restorative practices, social and emotional learning, therapeutic
27 crisis interventions, counseling, de-escalation, collaborative problem-
28 solving, conflict mediation or resolution strategies, engagement with
29 families, class meetings, facilitated circles, conferences, peer medi-
30 ation, and other interventions;
31 (iv) ensure any disciplinary strategies used shall provide students
32 with the opportunity to hold themselves accountable for their behavior
33 and repair any harm, which may include strategies to build community,
34 strengthen relationships, engage in restorative practices; and allowing
35 students the opportunity to remedy harm through community service with
36 consent of their parents or persons in parental relations.
37 c. Suspension provisions. Provisions detailing school suspensions
38 shall:
39 (i) prohibit the suspension of students in pre-kindergarten through
40 grade three, except if a suspension is necessary to comply with applica-
41 ble federal laws, including the Gun Free school act 20 U.S.C. 7961 et
42 al. In the event a student in grades pre-K through three engages in
43 behavior that would otherwise give rise to consideration of a suspension
44 were they in grades four and above, schools shall make use of positive
45 behavioral supports, and all other necessary services and interventions,
46 including but not limited to functional behavior assessments and behav-
47 ior intervention plans, that may be implemented to prevent the recur-
48 rence of the student's behaviors;
49 (ii) prohibit suspensions for acts of disobedience;
50 (iii) prohibit suspensions to respond to tardiness, unexcused absence
51 from class or school, leaving school without permission, and violation
52 of school dress code;
53 (iv) require schools to make a good faith effort to meet with the
54 parents to develop and implement interventions and a re-entry plan for
55 all school suspensions, this includes making several attempts to contact
S. 134 4
1 the parent, provide remote options to parents, and consider the parent's
2 schedule;
3 (v) provide for the removal from the classroom and from school proper-
4 ty, including a school function, of students and other persons who
5 violate the code of conduct;
6 (vi) provide for detention, suspension and removal from the classroom
7 of students, consistent with section thirty-two hundred fourteen of this
8 chapter and other applicable federal, state and local laws;
9 (vii) establish disciplinary measures to be taken in incidents involv-
10 ing the possession or use of illegal substances or weapons, the use of
11 physical force, vandalism, violation of another student's civil rights
12 and threats of violence;
13 (viii) include exceptions to all prohibitions or limitations of
14 suspension described in this section which shall only include conduct as
15 follows:
16 (1) sale or distribution of tobacco, alcohol, drugs or other illegal
17 substances;
18 (2) conduct that was intended and resulted in serious bodily injury
19 upon another person while at school, on school premises, or at a school
20 function;
21 (3) physical sexual assault and/or forcing another to engage in a
22 sexual activity while at school, on school premises, or at a school
23 function; or
24 (4) is necessary to comply with applicable federal laws.
25 d. Code of conduct and disciplinary procedures. School authorities
26 shall establish:
27 (i) standards and procedures to assure security and safety of students
28 and school personnel;
29 [c. provisions for the removal from the classroom and from school
30 property, including a school function, of students and other persons who
31 violate the code;
32 d. disciplinary measures to be taken in incidents involving the
33 possession or use of illegal substances or weapons, the use of physical
34 force, vandalism, violation of another student's civil rights and
35 threats of violence;
36 e. provisions for detention, suspension and removal from the classroom
37 of students, consistent with section thirty-two hundred fourteen of this
38 chapter and other applicable federal, state and local laws including
39 provisions for the school authorities to establish] (ii) policies and
40 procedures to ensure the provision of continued educational programming
41 and activities for students removed from the classroom, placed in
42 detention, or suspended from school, which shall include:
43 (1) an education plan that the principal, or the principal's designee,
44 in consultation with the student's teachers, shall create for the
45 student for each class in which the student is enrolled. The education
46 plan shall make provisions for a student's on-going academic instruction
47 during the removal or suspension and shall include the steps the school
48 will take to provide the student with a successful re-entry to school.
49 The student shall have the opportunity to earn all academic credit they
50 would have been eligible to earn had the student been in class, includ-
51 ing the opportunity to complete any missed assignments or take any
52 missed examinations or assessments during the student's removal or
53 suspension;
54 (2) procedures for when an examination or assessment cannot be
55 rescheduled, the student shall be allowed on school property to take
56 such assessment or examination on the day and time that the assessment
S. 134 5
1 or examination is given, unless the student presents a risk to the
2 health and safety of the school community, then alternative spaces may
3 be used as described in section thirty-two hundred fourteen of this
4 chapter;
5 (3) policies on the timeframe an educational plan shall be completed
6 and implemented, this shall be within a reasonable and expeditious time-
7 frame to mitigate learning loss in accordance with the length of the
8 suspension, provided that the education plan is delivered to the student
9 no later than forty-eight hours after the start of suspension; and
10 (4) in the event a suspension is imposed for twenty-one days or more,
11 starting from the first day of exclusion, the education plan shall,
12 include meetings every ten school days comprising of the student, parent
13 or person in parental relation, guidance, school support staff and
14 teachers to review the student's academic progress, services and barri-
15 ers, if any, to a return to the school community. Consideration shall be
16 given to a termination of suspension status and immediate return to the
17 school community. In no event shall a suspension be longer than forty
18 days unless to comply with applicable federal law.
19 [f.] (iii) procedures by which violations of the code of conduct are
20 reported to the appropriate school personnel, the facts are investigated
21 and determined, and discipline measures [imposed and discipline measures
22 carried out] are determined and implemented;
23 [g.] (iv) provisions ensuring such code and the enforcement thereof
24 are in compliance with state and federal laws relating to students with
25 disabilities;
26 [h.] (v) provisions setting forth the procedures by which local law
27 enforcement agencies shall be notified of code violations which consti-
28 tute a crime;
29 [i.] (vi) provisions setting forth the circumstances under and proce-
30 dures by which parents or persons in parental relation to the student
31 accused of violating the code of conduct shall be notified of such code
32 of conduct violations including notice that any statement by the
33 student, written or oral, may be used against the student in a criminal,
34 immigration, or juvenile delinquency investigation and/or proceeding
35 and/or in a court of law. This notice shall be given prior to a student
36 providing a written or oral statement, and the parent or person in
37 parental relation to the student shall have an opportunity to discuss
38 such potential consequences with the student prior to any statements
39 being recorded;
40 [j.] (vii) provisions setting forth the circumstances under and proce-
41 dures by which a [complaint in criminal court, a juvenile delinquency
42 petition] student may be referred to law enforcement, consistent with
43 the provisions of section twenty-eight hundred one-a of this article, or
44 referred for a person in need of supervision petition as defined in
45 articles three and seven of the family court act will be filed;
46 [k.] (viii) circumstances under and procedures by which [referral to]
47 a student may be referred to academic services, school-based support
48 services, or appropriate human service agencies [shall be made];
49 [l. a minimum suspension period, for students who repeatedly are
50 substantially disruptive of the educational process or substantially
51 interfere with the teacher's authority over the classroom, provided that
52 the suspending authority may reduce such period on a case by case basis
53 to be consistent with any other state and federal law. For purposes of
54 this section, the definition of "repeatedly are substantially disrup-
55 tive" shall be determined in accordance with the regulations of the
56 commissioner;
S. 134 6
1 m. a minimum suspension period for acts that would qualify the pupil
2 to be defined as a violent pupil pursuant to paragraph a of subdivision
3 two-a of section thirty-two hundred fourteen of this chapter, provided
4 that the suspending authority may reduce such period on a case by case
5 basis to be consistent with any other state and federal law;] and
6 [n.] (ix) provisions to comply with article two of this chapter.
7 3. The [district] code of conduct shall be developed in collaboration
8 with [student, teacher, administrator, and parent organizations] repre-
9 sentatives from interested stakeholders including, but not limited to,
10 students, teachers, administrators, parents, school safety personnel,
11 collective bargaining units representing teachers, school-related
12 professionals, and the principals, and other school personnel and shall
13 be approved by the board of education or trustees, [or other governing
14 body,] the charter school's authorizers or by the chancellor of the city
15 school district in the case of the city school district of the city of
16 New York. In the city school district of the city of New York, each
17 community district education council shall be authorized to adopt and
18 implement additional policies, which are consistent with the city
19 district's district-wide code of conduct, to reflect the individual
20 needs of each community school district provided that such additional
21 policies shall require the approval of the chancellor.
22 3-a. The board of education or trustees, the chancellor of the city
23 school district in the case of the city school district of the city of
24 New York shall provide professional development in accordance with this
25 section for school personnel, law enforcement and public or private
26 security personnel employed, retained or contracted with a school
27 district or public school regarding the code of conduct, the use of
28 multi-tiered systems of support, positive behavioral interventions
29 including restorative practices, and age-appropriate graduated and
30 proportionate discipline, which may include implicit bias training,
31 according to collective bargaining agreements.
32 4. [The] At the beginning of each school year, the board of education
33 or trustees, the chancellor [or other governing body] of the city school
34 district in the case of the city school district of the city of New
35 York, shall: translate the code of conduct into at least the three most
36 commonly spoken languages of the children attending the school district,
37 board of cooperative educational services, or public school, post the
38 code of conduct on the school district's, public school's or board of
39 cooperative educational services website, provide copies of a summary of
40 the code of conduct to all students at a general assembly [held at the
41 beginning of the school year and shall make copies of the code available
42 to persons in parental relation to students at the beginning of each
43 school year, and shall] or classroom lesson, mail a plain language
44 summary of such code to all parents or persons in parental relation to
45 students before the beginning of each school year, and make [it] such
46 copies available thereafter upon request and on the school and/or school
47 district's websites. The board of education or trustees, the chancellor
48 of the city school district in the case of the city school district of
49 the city of New York, or other governing body shall take reasonable
50 steps to ensure community awareness of the code of conduct's provisions.
51 5. a. The board of education or trustees, or the chancellor [or other
52 governing body] of the city school district in the case of the city
53 school district of the city of New York shall annually review and update
54 the district's codes of conduct if necessary, taking into consideration
55 the effectiveness of code of conduct provisions and the fairness and
56 consistency of its administration. Each school district is authorized to
S. 134 7
1 establish a committee and to facilitate the review of the code of
2 conduct and the district's response to code of conduct violations. Any
3 such committee shall be comprised of similar individuals described in
4 subdivision three of this section. The [school] board of education or
5 trustees, the chancellor of the city school district in the case of the
6 city of New York, or other governing body shall reapprove any such
7 updated code only after at least one public hearing (that commenced upon
8 thirty days' notice) that provides for the participation of school
9 personnel, parents, students and any other interested parties.
10 b. Each district or public school, or board of cooperative educational
11 services shall file a copy of its codes of conduct with the commissioner
12 and [all] any amendments to such code shall be filed with the commis-
13 sioner no later than thirty days after their adoption.
14 § 3. Section 17 of chapter 123 of the laws of 2003 amending the educa-
15 tion law relating to establishing the community district education coun-
16 cil within the New York city community school district system, is
17 amended to read as follows:
18 § 17. This act shall take effect immediately; provided, however, that
19 [the provisions] sections one through twelve, fourteen and fifteen of
20 this act shall be deemed repealed on the same date as sections 1 through
21 20, 24 and 26 through 30 of chapter 91 of the laws of 2002.
22 § 4. Section 3214 of the education law, as amended by chapter 181 of
23 the laws of 2000, subparagraph 1 of paragraph c of subdivision 3 as
24 amended by chapter 430 of the laws of 2006, paragraphs d and f of subdi-
25 vision 3 as amended by chapter 425 of the laws of 2002, paragraph e of
26 subdivision 3 as amended by chapter 170 of the laws of 2006, paragraph g
27 of subdivision 3 as amended by chapter 352 of the laws of 2005, clause
28 (v) of subparagraph 3 of paragraph g of subdivision 3 as amended by
29 chapter 378 of the laws of 2007, paragraphs a, b and c of subdivision
30 3-a as amended by chapter 147 of the laws of 2001 and subdivision 7 as
31 amended by section 9 of part YYY of chapter 59 of the laws of 2017, is
32 amended to read as follows:
33 § 3214. Student placement, suspensions and transfers. 1. [School
34 delinquent. A minor under seventeen years of age, required by any of the
35 provisions of part one of this article to attend upon instruction, who
36 is an habitual truant from such instruction or is irregular in such
37 attendance or insubordinate or disorderly or disruptive or violent
38 during such attendance, is a school delinquent.
39 2. Special day schools. The school authorities of any city or school
40 district may establish schools or set apart rooms in public school
41 buildings for the instruction of school delinquents, and fix the number
42 of days per week and the hours per day of required attendance, which
43 shall not be less than is required of minors attending the full time day
44 schools.
45 2-a. a. Violent pupil. For the purposes of this section, a violent
46 pupil is an elementary or secondary student under twenty-one years of
47 age who:
48 (1) commits an act of violence upon a teacher, administrator or other
49 school employee;
50 (2) commits, while on school district property, an act of violence
51 upon another student or any other person lawfully upon said property;
52 (3) possesses, while on school district property, a gun, knife,
53 explosive or incendiary bomb, or other dangerous instrument capable of
54 causing physical injury or death;
S. 134 8
1 (4) displays, while on school district property, what appears to be a
2 gun, knife, explosive or incendiary bomb or other dangerous instrument
3 capable of causing death or physical injury;
4 (5) threatens, while on school district property, to use any instru-
5 ment that appears capable of causing physical injury or death;
6 (6) knowingly and intentionally damages or destroys the personal prop-
7 erty of a teacher, administrator, other school district employee or any
8 person lawfully upon school district property; or
9 (7) knowingly and intentionally damages or destroys school district
10 property.
11 b. Disruptive pupil. For the purposes of this section, a disruptive
12 pupil is an elementary or secondary student under twenty-one years of
13 age who is substantially disruptive of the educational process or
14 substantially interferes with the teacher's authority over the class-
15 room.
16 3. Suspension of a pupil] Notwithstanding any provision of law, rule
17 or regulation to the contrary, this section shall apply to all public
18 schools in the state including charter schools pursuant to the
19 provisions of paragraph (c) of subdivision one of section twenty-eight
20 hundred fifty-three of this chapter. Whenever the term "board of educa-
21 tion or superintendent of schools" is used in this section, it shall be
22 deemed to include board of trustees, the chancellor of the city school
23 district in the case of the city school district of the city of New
24 York, community boards of education and community superintendents
25 governing community districts in accordance with the provisions of arti-
26 cle fifty-two-A of this chapter.
27 2. Suspension of a student. The board of education or trustees, the
28 chancellor of the city school district in the case of the city school
29 district of the city of New York, superintendent of schools, district
30 superintendent of schools and the principal of the school where the
31 student attends shall have the power to suspend a student as follows:
32 a. For a period not to exceed five consecutive school days provided
33 that the suspension of such student is not prohibited by section twen-
34 ty-eight hundred one of this chapter.
35 (1) In the case of such a suspension, the suspending authority shall
36 provide the student with written notice of the charged misconduct
37 including a brief explanation of the basis for the suspension and a
38 description of the alleged behavior that violated the code of conduct
39 that includes the date, time, and place of the scheduled informal
40 conference with the principal, the right to appeal a suspension, the
41 procedures for appeal, and the manner and location of alternative
42 instruction to be provided to the student for the duration of the
43 suspension if the student is suspended out of school.
44 (2) The student and the parent or person in parental relation to the
45 student shall be given an opportunity for an informal conference with
46 the principal. At the conference, the student and parent or person in
47 parental relation shall be authorized to review all evidence of the
48 alleged misconduct, present the student's version of the event, to ask
49 questions of the complaining witnesses, and to be represented by an
50 attorney or advocate. The aforesaid notice and opportunity for an
51 informal conference shall take place prior to suspension of the student
52 unless the student's presence in the school poses a continuing danger to
53 persons or property or an ongoing threat of disruption to the academic
54 process, in which case the student's notice and opportunity for an
55 informal conference shall take place as soon after the suspension begins
56 as is reasonably practicable.
S. 134 9
1 b. For a period not to exceed twenty consecutive school days,
2 provided that the suspension of such student is not prohibited by subdi-
3 vision two of section twenty-eight hundred one of this chapter, or for a
4 period in excess of twenty consecutive school days, provided the suspen-
5 sion shall only be for conduct that falls under an exception as
6 described in a code of conduct adopted pursuant to section twenty-eight
7 hundred one of this chapter or pursuant to applicable federal law.
8 (1) No student may be suspended for a period in excess of five consec-
9 utive school days without approval from the superintendent.
10 (2) If approved, such student and the parent or person in parental
11 relation to such student shall have had an opportunity for a fair hear-
12 ing, upon reasonable written notice, which shall include a brief
13 description of the facts upon which the alleged violations of the code
14 of conduct are based, the section of the code of conduct that the
15 student is alleged to have violated, and the date, time and place of the
16 hearing. Prior to the hearing, copies of all evidence regarding the
17 alleged incident, including but not limited to statements by students
18 and staff, video surveillance, anecdotal records, photographs and other
19 documentary evidence, audio recordings, and other materials related to
20 the incident shall be provided to the student and parent or person in
21 parental relation to the student, and to any attorney or advocate of the
22 student, as well as notice of the time, manner and place of the
23 provision of alternative instruction when a student is removed from the
24 school building because of the suspension proceeding. The hearing shall
25 be convened within five days of the written notice, unless the parent or
26 person in parental relation to the student or student requests a later
27 date.
28 (3) At the hearing, such student shall have the right of represen-
29 tation by an attorney or advocate, with the right to request the pres-
30 ence of and question witnesses against such student and to request the
31 presence of and present witnesses and other evidence on their behalf.
32 (4) Where the student is a student with a disability or a student
33 presumed to have a disability, the provisions of subdivision six of this
34 section shall also apply.
35 (5) Where a student has been suspended in accordance with this para-
36 graph, the board of education or trustees, the chancellor of the city
37 school district in the case of the city school district of the city of
38 New York, superintendent of schools, district superintendent of schools,
39 or community superintendent shall personally hear and determine the
40 proceeding or may, in their discretion, designate a hearing officer to
41 conduct the hearing. The entity or individual that conducts the hearing
42 shall be authorized to administer oaths and to issue subpoenas in
43 conjunction with the proceeding.
44 (6) A record of the hearing shall be maintained, but no stenographic
45 transcript shall be required and an audio recording shall be deemed a
46 satisfactory record. The entity or individual that conducts the hearing
47 shall make written findings of fact based on a preponderance of the
48 evidence and shall make recommendations as to the appropriate measure of
49 discipline if any. The report of the hearing officer shall be advisory
50 only, and the board of education or trustees, the chancellor of the city
51 school district in the case of the city school district of the city of
52 New York, other governing body, superintendent of schools or district
53 superintendent of schools may accept all or any part thereof.
54 (7) The board of education or trustees, the chancellor of the city
55 school district in the case of the city school district of the city of
56 New York, superintendent of schools, or district superintendent of
S. 134 10
1 schools shall issue a written decision to the school and parent or
2 person in parental relation to the student within three days of the
3 hearing. The written decision shall state the length of suspension, if
4 any, findings of fact, reasons for determination, procedures for appeal,
5 the date by which the appeal shall be filed, and the manner and location
6 of alternative instruction to be provided to the student for the dura-
7 tion of the suspension if the student is suspended out of school.
8 (8) Where the basis for the suspension is, in whole or in part, the
9 possession on school grounds or school property by the student of any
10 firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor, stiletto
11 or any of the weapons, instruments or appliances specified in subdivi-
12 sion one of section 265.01 of the penal law, the hearing officer or
13 superintendent shall not be barred from considering the admissibility of
14 such weapon, instrument or appliance as evidence, notwithstanding a
15 determination by a court in a criminal or juvenile delinquency proceed-
16 ing that the recovery of such weapon, instrument or appliance was the
17 result of an unlawful search or seizure.
18 (9) Where a student has been suspended in accordance with this section
19 by a board of education or trustees, the board may in its discretion
20 hear and determine the proceeding or appoint a hearing officer who shall
21 have the same powers and duties with respect to the board that a hearing
22 officer has with respect to a superintendent where the suspension was
23 ordered by the superintendent. The findings and recommendations of the
24 hearing officer conducting the proceeding shall be advisory and subject
25 to final action by the board of education, each member of which shall
26 before voting review the testimony and acquaint themselves with the
27 evidence in the case. The board may reject, confirm or modify the
28 conclusions of the hearing officer.
29 c. (1) Consistent with the federal gun-free schools act, any public
30 school student who is determined under this subdivision to have brought
31 a firearm to or possessed a firearm at a public school shall be
32 suspended for a period of not less than one calendar year and any
33 nonpublic school pupil participating in a program operated by a public
34 school district using funds from the elementary and secondary education
35 act of nineteen hundred sixty-five who is determined under this subdivi-
36 sion to have brought a firearm to or possessed a firearm at a public
37 school or other premises used by the school district to provide such
38 programs shall be suspended for a period of not less than one calendar
39 year from participation in such program. The procedures of this subdivi-
40 sion shall apply to such a suspension of a nonpublic school student. A
41 superintendent of schools, district superintendent of schools or commu-
42 nity superintendent shall have the authority to modify this suspension
43 requirement for each student on a case-by-case basis. The determination
44 of a superintendent shall be subject to review by the board of education
45 or trustees, or the chancellor of the city school district in the case
46 of the city school district of the city of New York, pursuant to subdi-
47 vision one of this section and the commissioner pursuant to section
48 three hundred ten of this chapter. Nothing in this subdivision shall be
49 deemed to authorize the suspension of a student with a disability in
50 violation of the individuals with disabilities education act or article
51 eighty-nine of this chapter. A superintendent shall refer the student
52 under the age of sixteen who has been determined to have brought a weap-
53 on or firearm to school in violation of this subdivision to a present-
54 ment agency for a juvenile delinquency proceeding consistent with arti-
55 cle three of the family court act except a student fourteen or fifteen
56 years of age who qualifies for juvenile offender status under subdivi-
S. 134 11
1 sion forty-two of section 1.20 of the criminal procedure law. A super-
2 intendent shall refer any student sixteen years of age or older or a
3 student fourteen or fifteen years of age who qualifies for juvenile
4 offender status under subdivision forty-two of section 1.20 of the crim-
5 inal procedure law, who has been determined to have brought a weapon or
6 firearm to school in violation of this subdivision to the appropriate
7 law enforcement officials.
8 (2) Nothing in this paragraph shall be deemed to mandate such action
9 by a school district pursuant to subdivision one of this section where
10 such weapon or firearm is possessed or brought to school with the writ-
11 ten authorization of such educational institution in a manner authorized
12 by article two hundred sixty-five of the penal law for activities
13 approved and authorized by the trustees or board of education or other
14 governing body of the public school and such governing body adopts
15 appropriate safeguards to ensure student safety.
16 (3) As used in this paragraph:
17 (i) "firearm" shall mean a firearm as defined in subsection a of
18 section nine hundred twenty-one of title eighteen of the United States
19 Code; and
20 (ii) "weapon" shall be as defined in paragraph two of subsection g of
21 section nine hundred thirty of title eighteen of the United States Code.
22 3. Alternative learning spaces or schools. The school authorities of
23 any city, school district or public school, or board of cooperative
24 educational services shall establish, to the extent practicable, schools
25 or set apart spaces in school buildings or properties for the instruc-
26 tion of students removed or suspended for violations of the code of
27 conduct, and fix the number of days per week and the hours per day of
28 required attendance and instruction, which shall not be less than is
29 required of minors attending the full time day schools. The commissioner
30 shall establish guidance for alternative learning spaces or schools for
31 when students are removed from the classroom or suspended, including
32 allowing a student that has been removed or suspended on school property
33 to take an examination or assessment that cannot be rescheduled when the
34 student presents a risk to the health and safety of the school community
35 as it applies to subdivisions seven and eight of this section and
36 section twenty-eight hundred one of this chapter.
37 4. Consideration for student suspension. a. (1) The board of educa-
38 tion[, board of] or trustees [or sole trustee], the chancellor of the
39 city school district in the case of the city school district of the city
40 of New York, the superintendent of schools, district superintendent of
41 schools or principal of a school may suspend [the following pupils]
42 students from required attendance upon instruction[:
43 A pupil who is insubordinate or disorderly or violent or disruptive,
44 or whose conduct otherwise endangers the safety, morals, health or
45 welfare of others] as provided in subdivision two of this section, in
46 accordance with the code of conduct, provided that the suspension of
47 such student is not prohibited by section twenty-eight hundred one of
48 this chapter.
49 (2) School officials shall weigh the likelihood that a lesser inter-
50 vention or discipline would adequately address the student's misconduct,
51 redress any harm or damage, and prevent future violations of the code of
52 conduct.
53 (3) The school shall conduct an investigation of any report of a
54 violation of the code of conduct.
55 (4) The school shall inform any student that submission of a written
56 statement is voluntary and that any statement by the student, written or
S. 134 12
1 oral, may be used against the student in a criminal, immigration, or
2 juvenile delinquency investigation and/or proceeding and/or in a court
3 of law. If a student has been arrested or if the school is considering
4 referring the student to law enforcement, the school shall not request a
5 statement from such student, except where there is imminent risk of
6 serious physical injury to the student or other person or persons.
7 b. [(1) The board of education, board of trustees, or sole trustee,
8 superintendent of schools, district superintendent of schools and the
9 principal of the school where the pupil attends shall have the power to
10 suspend a pupil for a period not to exceed five school days. In the
11 case of such a suspension, the suspending authority shall provide the
12 pupil with notice of the charged misconduct. If the pupil denies the
13 misconduct, the suspending authority shall provide an explanation of the
14 basis for the suspension. The pupil and the person in parental relation
15 to the pupil shall, on request, be given an opportunity for an informal
16 conference with the principal at which the pupil and/or person in
17 parental relation shall be authorized to present the pupil's version of
18 the event and to ask questions of the complaining witnesses. The afore-
19 said notice and opportunity for an informal conference shall take place
20 prior to suspension of the pupil unless the pupil's presence in the
21 school poses a continuing danger to persons or property or an ongoing
22 threat of disruption to the academic process, in which case the pupil's
23 notice and opportunity for an informal conference shall take place as
24 soon after the suspension as is reasonably practicable.
25 (2) A teacher shall immediately report and refer a violent pupil prin-
26 cipal or superintendent for a violation of the code of conduct and a
27 minimum suspension period pursuant to section twenty-eight hundred one
28 of this chapter.
29 c. (1) No pupil may be suspended for a period in excess of five school
30 days unless such pupil and the person in parental relation to such pupil
31 shall have had an opportunity for a fair hearing, upon reasonable
32 notice, at which such pupil shall have the right of representation by
33 counsel, with the right to question witnesses against such pupil and to
34 present witnesses and other evidence on [his or her] the pupil's behalf.
35 Where the pupil is a student with a disability or a student presumed to
36 have a disability, the provisions of paragraph g of this subdivision
37 shall also apply. Where a pupil has been suspended in accordance with
38 this subparagraph by a superintendent of schools, district superinten-
39 dent of schools, or community superintendent, the superintendent shall
40 personally hear and determine the proceeding or may, in [his or her]
41 such superintendent's discretion, designate a hearing officer to conduct
42 the hearing. The hearing officer shall be authorized to administer oaths
43 and to issue subpoenas in conjunction with the proceeding [before him or
44 her]. A record of the hearing shall be maintained, but no stenographic
45 transcript shall be required and a tape recording shall be deemed a
46 satisfactory record. The hearing officer shall make findings of fact
47 and recommendations as to the appropriate measure of discipline to the
48 superintendent. The report of the hearing officer shall be advisory
49 only, and the superintendent may accept all or any part thereof. An
50 appeal will lie from the decision of the superintendent to the board of
51 education who shall make its decision solely upon the record before it.
52 The board may adopt in whole or in part the decision of the superinten-
53 dent of schools. Where the basis for the suspension is, in whole or in
54 part, the possession on school grounds or school property by the student
55 of any firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor,
56 stiletto or any of the weapons, instruments or appliances specified in
S. 134 13
1 subdivision one of section 265.01 of the penal law, the hearing officer
2 or superintendent shall not be barred from considering the admissibility
3 of such weapon, instrument or appliance as evidence, notwithstanding a
4 determination by a court in a criminal or juvenile delinquency proceed-
5 ing that the recovery of such weapon, instrument or appliance was the
6 result of an unlawful search or seizure.
7 (2) Where a pupil has been suspended in accordance with this section
8 by a board of education, the board may in its discretion hear and deter-
9 mine the proceeding or appoint a hearing officer who shall have the same
10 powers and duties with respect to the board that a hearing officer has
11 with respect to a superintendent where the suspension was ordered by
12 [him] such superintendent. The findings and recommendations of the hear-
13 ing officer conducting the proceeding shall be advisory and subject to
14 final action by the board of education, each member of which shall
15 before voting review the testimony and [acquaint himself] become
16 acquainted with the evidence in the case. The board may reject, confirm
17 or modify the conclusions of the hearing officer.
18 d. (1) Consistent with the federal gun-free schools act, any public
19 school pupil who is determined under this subdivision to have brought a
20 firearm to or possessed a firearm at a public school shall be suspended
21 for a period of not less than one calendar year and any nonpublic school
22 pupil participating in a program operated by a public school district
23 using funds from the elementary and secondary education act of nineteen
24 hundred sixty-five who is determined under this subdivision to have
25 brought a firearm to or possessed a firearm at a public school or other
26 premises used by the school district to provide such programs shall be
27 suspended for a period of not less than one calendar year from partic-
28 ipation in such program. The procedures of this subdivision shall apply
29 to such a suspension of a nonpublic school pupil. A superintendent of
30 schools, district superintendent of schools or community superintendent
31 shall have the authority to modify this suspension requirement for each
32 student on a case-by-case basis. The determination of a superintendent
33 shall be subject to review by the board of education pursuant to para-
34 graph c of this subdivision and the commissioner pursuant to section
35 three hundred ten of this chapter. Nothing in this subdivision shall be
36 deemed to authorize the suspension of a student with a disability in
37 violation of the individuals with disabilities education act or article
38 eighty-nine of this chapter. A superintendent shall refer the pupil
39 under the age of sixteen who has been determined to have brought a weap-
40 on or firearm to school in violation of this subdivision to a present-
41 ment agency for a juvenile delinquency proceeding consistent with arti-
42 cle three of the family court act except a student fourteen or fifteen
43 years of age who qualifies for juvenile offender status under subdivi-
44 sion forty-two of section 1.20 of the criminal procedure law. A super-
45 intendent shall refer any pupil sixteen years of age or older or a
46 student fourteen or fifteen years of age who qualifies for juvenile
47 offender status under subdivision forty-two of section 1.20 of the crim-
48 inal procedure law, who has been determined to have brought a weapon or
49 firearm to school in violation of this subdivision to the appropriate
50 law enforcement officials.
51 (2) Nothing in this paragraph shall be deemed to mandate such action
52 by a school district pursuant to subdivision one of this section where
53 such weapon or firearm is possessed or brought to school with the writ-
54 ten authorization of such educational institution in a manner authorized
55 by article two hundred sixty-five of the penal law for activities
56 approved and authorized by the trustees or board of education or other
S. 134 14
1 governing body of the public school and such governing body adopts
2 appropriate safeguards to ensure student safety.
3 (3) As used in this paragraph:
4 (i) "firearm" shall mean a firearm as defined in subsection a of
5 section nine hundred twenty-one of title eighteen of the United States
6 Code; and
7 (ii) "weapon" shall be as defined in paragraph 2 of subsection g of
8 section nine hundred thirty of title eighteen of the United States Code.
9 e.] In considering appropriate discipline measures, school authorities
10 shall consider the facts of each case, including, but not limited to:
11 (1) the nature and impact of the student's alleged misconduct, includ-
12 ing but not limited to the harm to the student or other persons, damage
13 to personal or school property or threat to the safety and welfare of
14 the school community;
15 (2) the student's age, ability to speak or understand English, phys-
16 ical health, mental and emotional health, disabilities, and provisions
17 of an individualized education program as it relates to the student's
18 behavior;
19 (3) the student as a whole including life inside and outside of school
20 that may impact behavior such as food insecurity, homelessness, bully-
21 ing, lack of school supplies, abuse, hygiene access, and other issues
22 that may occur in or out of school;
23 (4) the student's willingness to resolve the conflict and repair any
24 harm or damage;
25 (5) the student's prior conduct, the appropriateness of prior inter-
26 ventions, and the effectiveness of any prior interventions;
27 (6) the relationship, if any, between the student's academic placement
28 and program and the alleged violation of the code of conduct; and
29 (7) other factors determined to be relevant.
30 5. Procedure after suspension. Where a [pupil] student has been
31 suspended pursuant to this subdivision and said [pupil is of compulsory
32 attendance age] student has the legal right to attend school, immediate
33 steps shall be taken for [his or her] the student's attendance upon
34 instruction elsewhere [or for supervision or detention of said pupil
35 pursuant to the provisions of article seven of the family court act].
36 Where a [pupil] student has been suspended for cause, the suspension may
37 be revoked by the board of education or trustees, or the chancellor of
38 the city school district in the case of the city school district of the
39 city of New York, whenever it appears to be for the best interest of the
40 school and the [pupil] student to do so. The board of education or trus-
41 tees, or the chancellor of the city school district in the case of the
42 city school district for the city of New York, may also condition a
43 student's early return to school and suspension revocation on the
44 [pupil's] student's voluntary participation in counseling or specialized
45 classes, including anger management or dispute resolution, where appli-
46 cable.
47 [f. Whenever the term "board of education or superintendent of
48 schools" is used in this subdivision, it shall be deemed to include
49 community boards of education and community superintendents governing
50 community districts in accordance with the provisions of article fifty-
51 two-A of this chapter.
52 g.] 6. Discipline of students with disabilities and students presumed
53 to have a disability for discipline purposes. [(1)] a. Notwithstanding
54 any other provision of this subdivision to the contrary, a student with
55 a disability as such term is defined in section forty-four hundred one
56 of this chapter and a student presumed to have a disability for disci-
S. 134 15
1 pline purposes, may be suspended or removed from [his or her] the
2 student's current educational placement, provided that the suspension of
3 such student is not prohibited by section twenty-eight hundred one of
4 this chapter, for violation of [school rules] the code of conduct only
5 in accordance with the procedures established in this section, the regu-
6 lations of the commissioner implementing this paragraph, and subsection
7 (k) of section fourteen hundred fifteen of title twenty of the United
8 States code and the federal regulations implementing such statute, as
9 such federal law and regulations are from time to time amended. Nothing
10 in this paragraph shall be construed to confer greater rights on such
11 students than are conferred under applicable federal law and regu-
12 lations, or to limit the ability of a school district to change the
13 educational placement of a student with a disability in accordance with
14 the procedures in article eighty-nine of this chapter.
15 [(2)] b. As used in this paragraph:
16 (1) a "student presumed to have a disability for discipline purposes"
17 shall mean a student who the school district is deemed to have knowledge
18 was a student with a disability before the behavior that precipitated
19 disciplinary action under the criteria in subsection (k) (5) of section
20 fourteen hundred fifteen of title twenty of the United States code and
21 the federal regulations implementing such statute; and
22 [(ii)] (2) a "manifestation team" means a representative of the school
23 district, the parent or person in parental relation, and relevant
24 members of the committee on special education, as determined by the
25 parent or person in parental relation and the district.
26 [(3)] c. In applying the federal law consistent with this section:
27 [(i)] (1) in the event of a conflict between the procedures estab-
28 lished in this section and those established in subsection (k) of
29 section fourteen hundred fifteen of title twenty of the United States
30 code and the federal regulations implementing such statute, such federal
31 statute and regulations shall govern.
32 [(ii)] (2) the board of trustees or board of education of any school
33 district, the chancellor of the city school district of the city of New
34 York, a district superintendent of schools or a building principal shall
35 have authority, provided that suspension of such student is not prohib-
36 ited by subdivision two of section twenty-eight hundred one of this
37 chapter, to order the placement of a student with a disability into an
38 appropriate interim alternative educational setting, another setting or
39 suspension, provided that the suspension of such student is not prohib-
40 ited by section twenty-eight hundred one of this chapter, for a period
41 not to exceed five consecutive school days where such student is
42 suspended pursuant to this subdivision and, except as otherwise provided
43 in [clause (vi) of this] subparagraph four of this paragraph, the
44 suspension does not result in a change in placement under federal law.
45 [(iii)] (3) the superintendent of schools of a school district, either
46 directly or upon recommendation of a hearing officer designated pursuant
47 to [paragraph c of this] subdivision two of this section, may order the
48 placement of a student with a disability into an interim alternative
49 educational setting, another setting or suspension, provided that the
50 suspension of such student is not prohibited by section twenty-eight
51 hundred one of this chapter, for up to ten consecutive school days,
52 inclusive of any period in which the student is placed in an appropriate
53 interim alternative educational setting, another setting or suspension
54 pursuant to [clause (ii) of this] subparagraph two of this paragraph for
55 the behavior, where the superintendent determines in accordance with the
56 procedures set forth in this subdivision that the student has engaged in
S. 134 16
1 behavior that warrants a suspension, and, except as otherwise provided
2 in [clause (vi) of this] subparagraph four of this paragraph, the
3 suspension does not result in a change in placement under federal law.
4 [(iv)] (4) the superintendent of schools of a school district, either
5 directly or upon recommendation of a hearing officer designated pursuant
6 to [paragraph c of this] subdivision two of this section, may order the
7 change in placement of a student with a disability to an interim alter-
8 native educational setting for up to forty-five school days under the
9 circumstances specified in subsection (k)(1)(G) of section fourteen
10 hundred fifteen of title twenty of the United States code and the feder-
11 al regulations implementing such statute or a longer period where
12 authorized by federal law under the circumstances specified in
13 subsection (k)(1)(C) of section fourteen hundred fifteen of title twenty
14 of the United States code and the federal regulations implementing such
15 statute, but in neither case shall such period exceed the period of
16 suspension ordered by a superintendent in accordance with this subdivi-
17 sion, provided that the suspension of such student is not prohibited by
18 section twenty-eight hundred one of this chapter.
19 [(v)] (5) the terms "day," "business day," and "school day" shall be
20 as defined in section 300.11 of title thirty-four of the code of federal
21 regulations.
22 [(vi)] (6) notwithstanding any other provision of this subdivision to
23 the contrary, upon a determination by a manifestation team that the
24 behavior of a student with a disability was not a manifestation of the
25 student's disability, such student may be disciplined pursuant to this
26 section in the same manner and for the same duration as a nondisabled
27 student, except that such student shall continue to receive services to
28 the extent required under federal law and regulations, and such services
29 may be provided in an interim alternative educational setting, provided
30 that the suspension of such student is not prohibited by section twen-
31 ty-eight hundred one of this chapter.
32 [(vii)] (7) an impartial hearing officer appointed pursuant to subdi-
33 vision one of section forty-four hundred four of this chapter may order
34 a change in placement of a student with a disability to an appropriate
35 interim alternative educational setting for not more than forty-five
36 school days under the circumstances specified in subsections (k)(3) and
37 (k)(4) of section fourteen hundred fifteen of title twenty of the United
38 States code and the federal regulations implementing such statutes,
39 provided that such procedure may be repeated, as necessary, provided
40 that the suspension of such student is not prohibited by section twen-
41 ty-eight hundred one of this chapter.
42 [(viii)] (8) nothing in this section shall be construed to authorize
43 the suspension or removal of a student with a disability from [his or
44 her] the student's current educational placement for violation of school
45 rules following a determination by a manifestation team that the behav-
46 ior is a manifestation of the student's disability, except as authorized
47 under federal law and regulations.
48 [(ix)] (9) the commissioner shall implement this paragraph by adopting
49 regulations which coordinate the procedures required for discipline of
50 students with disabilities, and students presumed to have a disability
51 for discipline purposes, pursuant to subsection (k) of section fourteen
52 hundred fifteen of title twenty of the United States code and the feder-
53 al regulations implementing such statute, with the general procedures
54 for student discipline under this section.
55 [3-a.] 7. Education plan. When a student is suspended from school
56 consistent with this section and section twenty-eight hundred one of
S. 134 17
1 this chapter, the principal, or the principal's designee, in consulta-
2 tion with the student's teachers, shall create an education plan for the
3 student for each class in which the student is enrolled, according to
4 the timeframe policies required in the code of conduct described in
5 section twenty-eight hundred one of this chapter. The education plan
6 shall make provisions for a student's on-going academic instruction
7 during the suspension and shall include the steps the school will take
8 to provide the student with a successful re-entry to school. The student
9 shall have the opportunity to earn all academic credit they would have
10 been eligible to earn had the student been in class, including the
11 opportunity to complete any missed assignments or take any missed exam-
12 ination or assessments during the student's suspension. If an examina-
13 tion or assessment cannot be rescheduled, the student shall be allowed
14 on school property to take such assessment or examination on the day and
15 time that the assessment or examination is given, unless the student
16 presents a risk to the health and safety of the school community then
17 the assessment or examination should be provided in an alternative space
18 as described in subdivision three of this section, if available.
19 8. Teacher removal of a [disruptive pupil] student. In addition, any
20 teacher shall have the power and authority to remove a [disruptive
21 pupil, as defined in subdivision two-a of this section,] student from
22 such teacher's classroom consistent with discipline measures contained
23 in the code of conduct adopted by the board pursuant to section twenty-
24 eight hundred one of this chapter. The school authorities of any school
25 district or public school, board of cooperative educational services
26 shall establish policies and procedures to ensure the provision of
27 continued educational programming and activities for students removed
28 from the classroom pursuant to this [subdivision and provided further
29 that nothing] section. When a student is removed from the classroom,
30 the student shall have the opportunity to earn all academic credit
31 including the opportunity to complete any missed assignments or take any
32 missed examinations or assessments during the student's removal. If an
33 examination or assessment cannot be rescheduled, the student shall be
34 allowed on school property to take such assessment or examination on the
35 day and time that the assessment or examination is given unless the
36 student presents a risk to the health and safety of the school community
37 then the assessment or examination should be provided in an alternative
38 space as described in subdivision three of this section, if available.
39 Nothing in this subdivision shall authorize the removal of a [pupil]
40 student in violation of any state or federal law or regulation. No
41 [pupil] student shall return to the classroom until the principal makes
42 a final determination pursuant to [paragraph c of] this subdivision, or
43 the period of removal expires, whichever is less.
44 a. Such teacher shall inform the [pupil] student and the school prin-
45 cipal of the reasons for the removal. If the teacher finds that the
46 [pupil's] student's continued presence in the classroom does not pose a
47 continuing danger to persons or property and does not present an ongoing
48 threat of disruption to the academic process, the teacher shall, prior
49 to removing the student from the classroom, provide the student with an
50 explanation of the basis for the removal and allow the [pupil] student
51 to informally present the [pupil's] student's version of relevant
52 events. In all other cases, the teacher shall provide the [pupil]
53 student with an explanation of the basis for the removal and an informal
54 opportunity to be heard within twenty-four hours of the [pupil's]
55 student's removal, provided that if such twenty-four hour period does
S. 134 18
1 not end on a school day, it shall be extended to the corresponding time
2 on the next school day.
3 b. The principal shall inform the parent or person in parental
4 relation to such [pupil] student of the removal and the reasons therefor
5 within twenty-four hours of the [pupil's] student's removal, provided
6 that if such twenty-four hour period does not end on a school day, it
7 shall be extended to the corresponding time on the next school day. The
8 [pupil] student and the parent or person in parental relation shall,
9 upon request, be given an opportunity for an informal conference with
10 the principal to discuss the reasons for the removal. If the [pupil]
11 student denies the charges, the principal shall provide an explanation
12 of the basis for the removal and allow the [pupil] student and/or person
13 in parental relation to the [pupil] student an opportunity to present
14 the [pupil's] student's version of relevant events. Such informal [hear-
15 ing] conference shall be held within forty-eight hours of the [pupil's]
16 student's removal, provided that if such forty-eight hour period does
17 not end on a school day, it shall be extended to the corresponding time
18 on the second school day next following the [pupil's] student's removal.
19 For purposes of this subdivision, "school day" shall mean a school day
20 as defined pursuant to [clause (v) of] subparagraph [three] five of
21 paragraph [g] c of subdivision [three] six of this section.
22 c. The principal shall not set aside the discipline imposed by the
23 teacher unless the principal finds that the charges against the [pupil]
24 student are not supported by substantial evidence or that the [pupil's]
25 student's removal is otherwise in violation of law or that the conduct
26 warrants suspension from school pursuant to this section and a suspen-
27 sion will be imposed. The principal's determination made pursuant to
28 this paragraph shall be made by the close of business on the day
29 succeeding the forty-eight hour period for an informal hearing contained
30 in paragraph b of this subdivision.
31 d. The principal may, in [his or her] the principal's discretion,
32 designate a school district administrator, to carry out the functions
33 required of the principal under this subdivision.
34 [4.] 9. Expense. [a.] The expense attending the commitment and costs
35 of maintenance of any [school delinquent] student placed as a result of
36 a finding related to school or educational issues shall be a charge
37 against the city or district where [he] the student resides, if such
38 city or district employs a superintendent of schools; otherwise it shall
39 be a county charge.
40 [b. The school authorities may institute proceedings before a court
41 having jurisdiction to determine the liability of a person in parental
42 relation to contribute towards the maintenance of a school delinquent
43 under sixteen years of age ordered to attend upon instruction under
44 confinement. If the court shall find the person in parental relation
45 able to contribute towards the maintenance of such a minor, it may issue
46 an order fixing the amount to be paid weekly.
47 5.] 10. Involuntary transfers of [pupils] students who have not been
48 determined to be a student with a disability or a student presumed to
49 have a disability for discipline purposes.
50 a. The board of education[, board of] or trustees [or sole trustee,],
51 the chancellor of the city school district in the case of the city
52 school district of New York, other governing body, the superintendent of
53 schools, or district superintendent of schools may transfer a [pupil]
54 student who has not been determined to be a student with a disability as
55 defined in section forty-four hundred one of this chapter, or a student
56 presumed to have a disability for discipline purposes as defined in
S. 134 19
1 [paragraph g of] subdivision [three] six of this section from regular
2 classroom instruction to an appropriate educational setting in another
3 school upon the written recommendation of the school principal and
4 following independent review thereof. For purposes of this section of
5 the law, "involuntary transfer" does not include a transfer made by a
6 school district as part of a plan to reduce racial imbalance within the
7 schools or as a change in school attendance zones or geographical bound-
8 aries.
9 b. A school principal may initiate a non-requested transfer where it
10 is believed that such a [pupil] student would benefit from the transfer,
11 or when the [pupil] student would receive an adequate and appropriate
12 education in another school program or facility.
13 No recommendation for [pupil] student transfer shall be initiated by
14 the principal until such [pupil] student and a parent or person in
15 parental relation has been sent written notification of the consider-
16 ation of transfer recommendation. Such notice shall set a time and place
17 of an informal conference with the principal and shall inform such
18 parent or person in parental relation and such [pupil] student of their
19 right to be accompanied by counsel or an individual of their choice.
20 c. After the conference and if the principal concludes that the
21 [pupil] student would benefit from a transfer or that the [pupil]
22 student would receive an adequate and appropriate education in another
23 school program or facility, the principal may issue a recommendation of
24 transfer to the superintendent. Such recommendation shall include a
25 description of behavior and/or academic problems indicative of the need
26 for transfer; a description of alternatives explored and prior action
27 taken to resolve the problem. A copy of that letter shall be sent to the
28 parent or person in parental relation and to the [pupil] student.
29 d. Upon receipt of the principal's recommendation for transfer and a
30 determination to consider that recommendation, the superintendent shall
31 notify the parent or person in parental relation and the [pupil] student
32 of the proposed transfer and of their right to a fair hearing as
33 provided in [paragraph c of] subdivision [three] two of this section and
34 shall list community agencies and free legal assistance which may be of
35 assistance. The written notice shall include a statement that the
36 [pupil] student or parent or person in parental relation has ten days to
37 request a hearing and that the proposed transfer shall not take effect,
38 except upon written parental consent, until the ten day period has
39 elapsed, or, if a fair hearing is requested, until after a formal deci-
40 sion following the hearing is rendered, whichever is later.
41 e. Parental consent to a transfer shall not constitute a waiver of the
42 right to a fair hearing.
43 [6.] 11. Transfer of a [pupil] student. Where a suspended [pupil]
44 student is to be transferred pursuant to subdivision [five] ten of this
45 section, [he or she] the student shall remain on the register of the
46 original school for two school days following transmittal of [his or
47 her] the student's records to the school to which [he or she] the
48 student is to be transferred. The receiving school shall immediately
49 upon receiving those records transmitted by the original school, review
50 them to [insure] ensure proper placement of the [pupil] student. Staff
51 members who are involved in the [pupil's] student's education must be
52 provided with pertinent records and information relating to the back-
53 ground and problems of the [pupil] student before the [pupil] student is
54 placed in a classroom.
55 [7.] 12. Transfer of disciplinary records. Notwithstanding any other
56 provision of law to the contrary, each local educational agency, as such
S. 134 20
1 term is defined in subsection thirty of section eighty-one hundred one
2 of the Elementary and Secondary Education Act of 1965, as amended, shall
3 establish procedures in accordance with section eighty-five hundred
4 thirty-seven of the Elementary and Secondary Education Act of 1965, as
5 amended, and the Family Educational Rights and Privacy Act of 1974, to
6 facilitate the transfer of disciplinary records relating to the suspen-
7 sion or expulsion of a student to any public or nonpublic elementary or
8 secondary school in which such student enrolls or seeks, intends or is
9 instructed to enroll, on a full-time or part-time basis.
10 13. Annual report on student discipline. a. The board of education or
11 superintendent of schools shall post on its website and submit to the
12 department by October thirty-first of each year an annual report, based
13 on data from the preceding school year, on the discipline of students.
14 The department shall analyze the collected data and compare to previous
15 year post collected annual reports on their website by November thirti-
16 eth of each year.
17 b. The commissioner shall establish and distribute a uniform reporting
18 structure for school districts to fill out for annual report on the
19 discipline of students requirement, pursuant to this subdivision. The
20 uniform reporting structure shall collect data on the following:
21 (1) the number of teacher removals, number of days removed, and
22 purpose of removal;
23 (2) the number of suspensions, length of suspension, and purpose of
24 suspension;
25 (3) the number of students subjected more than once to a teacher
26 removal, suspension, or any combination thereof;
27 (4) the number of students subjected to an expulsion; and
28 (5) this data shall be disaggregated, where apparent, disclosed or
29 discoverable: by race, ethnicity, gender, gender expression, sexuality,
30 family income or economic status, religion, grade, year of birth, wheth-
31 er the individual is receiving special education services, whether the
32 individual is an English language learner, and homeless status.
33 § 5. Subdivision (a) of section 8 of chapter 430 of the laws of 2006,
34 amending the education law relating to implementation of the federal
35 individuals with disabilities education improvement act of 2004, as
36 amended by chapter 122 of the laws of 2024, is amended to read as
37 follows:
38 (a) sections one[, two,] and six of this act shall expire and be
39 deemed repealed June 30, 2027;
40 § 6. Section 22 of chapter 352 of the laws of 2005, amending the
41 education law relating to implementation of the federal individuals with
42 disabilities education improvement act of 2004, as amended by chapter
43 122 of the laws of 2024, is amended to read as follows:
44 § 22. This act shall take effect July 1, 2005, provided, however, if
45 this act shall become a law after such date it shall take effect imme-
46 diately and shall be deemed to have been in full force and effect on and
47 after July 1, 2005; and provided further, however, that sections one
48 through [four] three and six through twenty-one of this act shall expire
49 and be deemed repealed June 30, 2027, and section five of this act shall
50 expire and be deemed repealed June 30, 2027.
51 § 7. Subdivision d of section 27 of chapter 378 of the laws of 2007,
52 amending the education law relating to implementation of the federal
53 individuals with disabilities education improvement act of 2004, as
54 amended by chapter 122 of the laws of 2024, is amended to read as
55 follows:
S. 134 21
1 d. [the provisions] sections one, two and four through twenty-five of
2 this act shall expire and be deemed repealed June 30, 2027.
3 § 8. This act shall take effect immediately; provided, however that
4 sections two and four of this act shall take effect July 1, 2026.