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A05523 Summary:

A05523 Actions:

A05523 Committee Votes:

Committee:EDUCATION   Chair:Benedetto      
DATE:03/29/2023AYE/NAY:28/0  Action: Favorable         
Benedetto
Aye
Smith
Aye
Magnarelli
Aye
Walsh
Aye
Paulin
Aye
McDonough
Excused
Ramos
Aye
Mikulin
Aye
O'Donnell
Aye
Reilly
Aye
Kim
Excused
Brown
Aye
Otis
Aye
Chang
Excused
Hyndman
Aye
McGowan
Aye
Bronson
Aye
Pirozzolo
Aye
Jean-Pierre
Aye
Taylor
Aye
Bichotte Hermel
Aye
Sayegh
Aye
Buttenschon
Aye
Conrad
Aye
Jackson
Aye
Mitaynes
Aye
Septimo
Aye
De Los Santos
Aye
Pheffer Amato
Aye
Gibbs
Aye
Ardila
Aye

A05523 Floor Votes:

A05523 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5523
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 16, 2023
                                       ___________
 
        Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
          tee on Education
 
        AN ACT to amend the education law, in relation to allowing a  suspending
          authority to condition the early return of a student on such student's
          voluntary participation in counseling or certain classes

          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 b of subdivision 3  of  section
     2  3214  of  the  education  law,  as amended by chapter 181 of the laws of
     3  2000, is amended to read as follows:
     4    (1) The board of education, board of trustees, or sole trustee, super-
     5  intendent of schools, district superintendent of schools and the princi-
     6  pal of the school where the  pupil  attends  shall  have  the  power  to
     7  suspend  a  pupil  for  a period not to exceed five school days. [In the
     8  case of such a suspension, the] The suspending authority may condition a
     9  student's early return to school on the pupil's voluntary  participation
    10  in  counseling  or  specialized  classes,  including anger management or
    11  dispute resolution, where applicable.  The  suspending  authority  shall
    12  provide  the  pupil  with notice of the charged misconduct. If the pupil
    13  denies the misconduct, the suspending authority shall provide an  expla-
    14  nation  of  the  basis  for  the suspension. The pupil and the person in
    15  parental relation to the pupil shall, on request, be given  an  opportu-
    16  nity  for  an  informal conference with the principal at which the pupil
    17  and/or person in parental relation shall be authorized  to  present  the
    18  pupil's  version  of  the  event and to ask questions of the complaining
    19  witnesses. The aforesaid notice and opportunity for an informal  confer-
    20  ence  shall  take  place  prior  to  suspension  of the pupil unless the
    21  pupil's presence in the school poses a continuing danger to  persons  or
    22  property  or an ongoing threat of disruption to the academic process, in
    23  which case the pupil's notice and opportunity for an informal conference
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10144-01-3
        A. 5523                             2
 
     1  shall take place as soon after the suspension as is reasonably practica-
     2  ble.
     3    § 2. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of
     4  the  education  law,  as  amended by chapter 430 of the laws of 2006, is
     5  amended to read as follows:
     6    (1) No pupil may be suspended for a period in excess  of  five  school
     7  days unless such pupil and the person in parental relation to such pupil
     8  shall  have  had  an  opportunity  for  a  fair hearing, upon reasonable
     9  notice, at which such pupil shall have the right  of  representation  by
    10  counsel,  with the right to question witnesses against such pupil and to
    11  present witnesses and other evidence on his or  her  behalf.  Where  the
    12  pupil  is  a  student  with a disability or a student presumed to have a
    13  disability, the provisions of paragraph g of this subdivision shall also
    14  apply. Where a pupil has been suspended in accordance with this subpara-
    15  graph  by  a  superintendent  of  schools,  district  superintendent  of
    16  schools,   or   community   superintendent,   the  superintendent  shall
    17  personally hear and determine the proceeding  or  may,  in  his  or  her
    18  discretion,  designate  a  hearing  officer  to conduct the hearing. The
    19  hearing officer shall be authorized to administer  oaths  and  to  issue
    20  subpoenas in conjunction with the proceeding before him or her. A record
    21  of the hearing shall be maintained, but no stenographic transcript shall
    22  be  required and a tape recording shall be deemed a satisfactory record.
    23  The hearing officer shall make findings of fact and  recommendations  as
    24  to  the  appropriate  measure  of  discipline to the superintendent. The
    25  report of the hearing officer shall be advisory  only,  and  the  super-
    26  intendent  may  accept  all or any part thereof. An appeal will lie from
    27  the decision of the superintendent to the board of education  who  shall
    28  make  its decision solely upon the record before it. The board may adopt
    29  in whole or in part the decision of the superintendent of schools.   The
    30  suspending authority may condition a student's early return to school on
    31  the  pupil's voluntary participation in counseling or specialized class-
    32  es, including anger management or dispute resolution, where  applicable.
    33  Where  the  basis  for  the  suspension  is,  in  whole  or in part, the
    34  possession on school grounds or school property by the  student  of  any
    35  firearm,  rifle, shotgun, dagger, dangerous knife, dirk, razor, stiletto
    36  or any of the weapons, instruments or appliances specified  in  subdivi-
    37  sion  one  of  section  265.01  of the penal law, the hearing officer or
    38  superintendent shall not be barred from considering the admissibility of
    39  such weapon, instrument or  appliance  as  evidence,  notwithstanding  a
    40  determination  by a court in a criminal or juvenile delinquency proceed-
    41  ing that the recovery of such weapon, instrument or  appliance  was  the
    42  result of an unlawful search or seizure.
    43    § 3. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of
    44  the  education  law,  as  amended by chapter 380 of the laws of 2001, is
    45  amended to read as follows:
    46    (1) No pupil may be suspended for a period in excess  of  five  school
    47  days unless such pupil and the person in parental relation to such pupil
    48  shall  have  had  an  opportunity  for  a  fair hearing, upon reasonable
    49  notice, at which such pupil shall have the right  of  representation  by
    50  counsel,  with the right to question witnesses against such pupil and to
    51  present witnesses and other evidence on his behalf. Where  a  pupil  has
    52  been  suspended  in accordance with this subdivision by a superintendent
    53  of schools, district superintendent of schools, or community superinten-
    54  dent,  the  superintendent  shall  personally  hear  and  determine  the
    55  proceeding  or  may,  in  his discretion, designate a hearing officer to
    56  conduct the hearing. The hearing officer shall be authorized to adminis-
        A. 5523                             3
 
     1  ter oaths and to issue subpoenas  in  conjunction  with  the  proceeding
     2  before  him.  A record of the hearing shall be maintained, but no steno-
     3  graphic transcript shall be required  and  a  tape  recording  shall  be
     4  deemed a satisfactory record. The hearing officer shall make findings of
     5  fact  and recommendations as to the appropriate measure of discipline to
     6  the superintendent. The report of the hearing officer shall be  advisory
     7  only,  and  the  superintendent  may  accept all or any part thereof. An
     8  appeal will lie from the decision of the superintendent to the board  of
     9  education  who shall make its decision solely upon the record before it.
    10  The board may adopt in whole or in part the decision of the  superinten-
    11  dent  of  schools.    The suspending authority may condition a student's
    12  early return to school on the pupil's voluntary participation  in  coun-
    13  seling  or  specialized  classes,  including anger management or dispute
    14  resolution, where applicable. Where the basis for the suspension is,  in
    15  whole or in part, the possession on school grounds or school property by
    16  the  student  of  any  firearm, rifle, shotgun, dagger, dangerous knife,
    17  dirk, razor, stiletto or any of the weapons, instruments  or  appliances
    18  specified  in  subdivision  one  of section 265.01 of the penal law, the
    19  hearing officer or superintendent shall not be barred  from  considering
    20  the  admissibility  of such weapon, instrument or appliance as evidence,
    21  notwithstanding a determination by a court in  a  criminal  or  juvenile
    22  delinquency  proceeding  that the recovery of such weapon, instrument or
    23  appliance was the result of an unlawful search or seizure.
    24    § 4. This act shall take effect immediately, provided that the  amend-
    25  ments  to subparagraph 1 of paragraph c of subdivision 3 of section 3214
    26  of the education law made by section two of this act shall be subject to
    27  the expiration and reversion of such subparagraph pursuant  to  subdivi-
    28  sion  (a)  of  section 8 of chapter 430 of the laws of 2006, as amended,
    29  when upon such date the provisions of section three of  this  act  shall
    30  take effect.