A05197 Summary:

BILL NOA05197
 
SAME ASSAME AS S07198
 
SPONSORNolan
 
COSPNSRDickens, O'Donnell, Perry, Hyndman, Jean-Pierre, Pretlow, Cahill, Sayegh, Walker, Bichotte Hermelyn, Fernandez, Aubry, Epstein, Reyes, Taylor, Pheffer Amato, Joyner, Glick, Cruz, Simon, Bronson, Rivera J, Niou, Wallace, Gottfried, Cook, McDonald, Williams, Griffin, Galef, Stirpe, Quart, Frontus, Barron, Rosenthal L, Santabarbara, Ramos, Darling, Otis, Weprin, Gonzalez-Rojas, Davila, Solages, Meeks, Forrest, Hevesi, Kelles, Gallagher, Mamdani, Mitaynes, Lunsford, Lavine, Septimo, Anderson, De Los Santos, Carroll, Steck, Seawright, Dinowitz, Jackson, Paulin, Kim, Burgos, Colton, Clark, Gibbs, Tapia, Zinerman, Hunter, Fahy, Rajkumar
 
MLTSPNSRWeinstein
 
Amd §§2801 & 3214, Ed L
 
Relates to school climate and codes of conduct on school property and disciplinary action following violation of such codes of conduct; makes conforming amendments.
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A05197 Actions:

BILL NOA05197
 
02/11/2021referred to education
01/05/2022referred to education
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A05197 Committee Votes:

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A05197 Floor Votes:

There are no votes for this bill in this legislative session.
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A05197 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5197
 
SPONSOR: Nolan
  TITLE OF BILL: 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; and to amend the education law, in relation to making conforming amendments   PURPOSE OR GENERAL IDEA OF BILL: To reform school discipline policies to ensure the application of fair and equitable school discipline for all students.   SUMMARY OF PROVISIONS: 1. Amends Education Law § 2801: Requires schools to develop a code of conduct to promote and sustain a safe, respectful and supportive school environment. * Requires notice and hearing of adoption of discipline code. * Code shall define violations and set expectations for student conduct: * Code shall include a range of age-appropriate graduated disciplinary measures including restorative practices; * Code shall require schools to use the least severe action necessary to respond to a code violation; * Removals and suspensions shall not be used for tardiness, unexcused absence from class or school, leaving school without permission, violation of dress code and lack of ID; * Suspensions not permitted for willful disobedience; * Students in pre-K through grade 3 may not be suspended except if suspension is necessary to comply with applicable federal law; and * Alternate education must be provided during removal/suspension. 2. Amends Education Law § 3214: * Creation of alternate learning sites during removal or suspension. * Factors and considerations in determining a suspension including: * The likelihood that a lesser intervention/discipline would adequately address misconduct, redress harm and prevent future violations of code; and * Suspensions as a last resort. * Suspensions shall be limited to no longer than 20 school days. * Requirement that investigation of a report of a violation of the code. * Notice to student charged that statements are voluntary and statements shall not be requested of students who have-been arrested or are under consideration for referral to law enforcement. * Decisions to suspend must consider the facts of. the case, including: * the nature and impact of the student's misconduct; and * the student's age, ability to speak or understand English, mental health, and disabilities; and * student's willingness to resolve the conflict and repair harm; and * student's prior conduct, appropriateness of prior interventions. * Notice and due process' protections for short and long term suspensions. * Requirement of education plan for suspended students within 24 hours with possibility of extension to next school day.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):   JUSTIFICATION: Current law controlling school discipline has been shown to have a disproportionately negative effect on students of color, students with disabilities and students who identify as LGBTQI. During the 2016-2017 school year, Black students in New York public schools outside of New York City were suspended at four times the rate of their White peers. In New York City public schools, Black students were suspended at five time the rates of their White peers. Students with disabilities represent 18.7% of all students, but account for 38.6% of all suspensions. Across the state, the racial disparities in school disciplinary actions are widespread and persistent. In Westchester County, Black students are 11% of all students, but 40% of all students are suspended at least once. In Suffolk County, Black students are 8% of all students enrolled, but 24% of all students suspended. In Erie County, Black students are 5% of all students but 21% of all suspensions. Black girls across New York State face the harshest racial disparities in school discipline. In public schools outside of New York City, Black girls in middle school and elementary schools are nearly eight times more likely to be suspended from school than their White peers. In New York City high schools, Black girls are.six times more likely to be suspended from school. Research shows exclusionary discipline such as suspensions and expulsions are ineffective and have long lasting impacts on student's academic futures and lives. One suspension in high school has been linked to students being twice as likely to drop out of school and exclusionary discipline has been linked to students more likely to be held back a grade, lose critical instruction time, drop out before graduation, and to come in to contact with the juvenile justice system and the criminal justice system later in life. In 2014, the Department of Justice and Department of Education released School Discipline Guidance recommending school districts to move away from harsh and ineffective school discipline policies causing disparate impacts in school discipline outcome and to adopt fair, age appropriate, graduated, and positive alternatives to classroom removals, suspensions and expulsions. In 2018, the New York State Board of Regents adopted these recommendations. Across the state, the racial disparities in school disciplinary actions are widespread and persistent. In New York State, students lose 686,686 days of school a year due to suspensions. Black students in New York State, per every 100, are forced out of school for more days than Black students attend- ing public schools in New Jersey, Pennsylvania, Connecti- cut, Alabama, Mississippi,. California and Texas. There is nearly a 19-point percent- age gap in the graduation rate between Black students and their white peers in New York State. Students must be in class receiving instruction in order to close that gap. The joint Guidance in 2014, from the DOJ and DOE included the recommendation guidance that recommends school districts "explicitly reserve the use of out-of-school suspensions, expulsions, and alternative placements for the most egre- gious disci- plinary. Infractions that threaten school safety and when mandated by federal or state law." 5.767 will create fair and equitable school discipline policies and practices, and reduce the troubling racial disparities by eliminating suspensions for minor infractions (late to class, cursing, insubordination) in all grades, limiting long- term suspensions from 180 days to 20 days, and prohibiting suspensions for students in K-3rd grades.   PRIOR LEGISLATIVE HISTORY: A01981B - 2020   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE HATE: Immediate.
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A05197 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5197
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 11, 2021
                                       ___________
 
        Introduced  by M. of A. NOLAN -- read once and referred to the Committee
          on Education
 
        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; and to amend the education law, in
          relation to making conforming amendments

          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
     7  of 2001, paragraphs l and m as amended and paragraph n of subdivision  2
     8  as  added  by  chapter  482  of  the  laws of 2010, and subdivision 3 as
     9  amended by chapter 123 of the laws  of  2003,  is  amended  to  read  as
    10  follows:
    11    §  2801.  Codes of conduct on school property. 1. For purposes of this
    12  section, school property means in or  within  any  building,  structure,
    13  athletic playing field, playground, parking lot or land contained within
    14  the  real  property  boundary  line  of a public elementary or secondary
    15  school, including a charter school; or in or on a school bus, as defined
    16  in section one hundred forty-two of the vehicle and traffic law; [and a]
    17  or a school's electronic files and databases. A  school  function  shall
    18  mean  a  school-sponsored or school-authorized extra-curricular event or
    19  activity regardless of where such event or activity takes place, includ-
    20  ing any 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 school district [within the state, however
    23  created, and every] or the chancellor of the city school district in the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06645-01-1

        A. 5197                             2
 
     1  case of the city school district of the city  of  New  York,  and  every
     2  board  of cooperative educational services and [county vocational exten-
     3  sion board] charter school, shall adopt and  amend,  as  appropriate,  a
     4  code of conduct for the maintenance of order on school property, includ-
     5  ing  a school function, which shall promote and sustain a safe, respect-
     6  ful, and  supportive  school  environment  and  govern  the  conduct  of
     7  students,  teachers  and  other school personnel as well as visitors and
     8  shall provide for the enforcement thereof. Such policy may be adopted by
     9  the [school] board of education or trustees, or the  chancellor  of  the
    10  city school district in the case of the city school district of the city
    11  of  New  York,  or  other  governing body only after at least one public
    12  hearing  that  provides  for  the  participation  of  school  personnel,
    13  parents,  students and any other interested parties before its adoption.
    14  The school district, board of cooperative educational services, or char-
    15  ter school shall notify the school community and  general  public  about
    16  the hearing at least fifteen days prior to the date of the hearing. Such
    17  notice shall include the date, time, and place of the hearing, the agen-
    18  da,  a  copy  of  the  proposed code of conduct, and information about a
    19  public comment period as determined by the  school  district,  board  of
    20  cooperative  educational  services,  or  charter  school.    The  school
    21  district, board of cooperative educational services, or  charter  school
    22  shall  take  necessary steps to notify families who do not speak English
    23  and whose children attend a school in the district, a board  of  cooper-
    24  ative  educational  services,  or a charter school. Such code of conduct
    25  shall define violations of the code of conduct and  set  clear  expecta-
    26  tions  for student conduct on school property, including at school func-
    27  tions, and shall include, at a minimum:
    28    a. provisions regarding conduct, dress and language deemed appropriate
    29  and acceptable on school property,  including  a  school  function,  and
    30  conduct,  dress  and  language  deemed unacceptable and inappropriate on
    31  school property, including a school function[, and];
    32    b. provisions regarding acceptable civil and respectful  treatment  of
    33  teachers,  school  administrators,  other school personnel, students and
    34  visitors on school property[, including  a]  and  at  school  [function]
    35  functions, including [the appropriate] a range of age-appropriate gradu-
    36  ated  and  proportionate disciplinary measures which [may be imposed for
    37  violation of such] must be considered in responding to a code violation,
    38  and the roles of teachers, administrators, other school  personnel,  the
    39  board  of  education  or  trustees, or the chancellor of the city school
    40  district in the case of the city school district  of  the  city  of  New
    41  York, or other governing body, and parents.
    42    b-1.  provisions  that  require schools to use the least severe action
    43  necessary to respond to any violation of  the  code  of  conduct  before
    44  imposing  a removal or suspension.  Such options may include restorative
    45  practices, social  and  emotional  supports,  and  other  interventions.
    46  Restorative  practices  may include class meetings, facilitated circles,
    47  conferences, peer mediation, and other  interventions  that  can  effec-
    48  tively  address  student misconduct, hold students accountable for their
    49  behavior, and foster healthy relationships within the school  community.
    50  No  student,  however, shall be required to participate in a restorative
    51  practice without their consent. Reasonable attempts shall also  be  made
    52  to obtain the consent of their parents or persons in parental relations;
    53    [b.]  b-2. provisions that prohibit classroom removals and suspensions
    54  to respond to tardiness, unexcused absence from class or school, leaving
    55  school without permission, violation of school dress code, and  lack  of
    56  identification upon request of school personnel;

        A. 5197                             3
 
     1    b-3. provisions that prohibit suspensions for initial or repeated acts
     2  of  willful disobedience.  "Willful disobedience" shall mean disruptive,
     3  insubordinate, or rowdy behavior, including behaviors such as the use of
     4  foul or inappropriate language, gestures, comments, or refusal to follow
     5  directions;
     6    c.  provisions that prohibit the suspension of students in pre-kinder-
     7  garten through grade three, except if suspension is necessary to  comply
     8  with applicable federal laws;
     9    d.  standards and procedures to assure security and safety of students
    10  and school personnel;
    11    [c.] e. provisions for the removal from the classroom and from  school
    12  property, including a school function, of students and other persons who
    13  violate the code of conduct;
    14    [d.]  f.  disciplinary measures to be taken in incidents involving the
    15  possession or use of illegal substances or weapons, the use of  physical
    16  force,  vandalism,  violation  of  another  student's  civil  rights and
    17  threats of violence;
    18    [e.] g. provisions for detention,  suspension  and  removal  from  the
    19  classroom  of students, consistent with section thirty-two hundred four-
    20  teen of this chapter and other applicable federal, state and local  laws
    21  [including];
    22    h.  provisions  for  the  school authorities to establish policies and
    23  procedures to ensure the provision of continued educational  programming
    24  and  activities  for  students  removed  from  the  classroom, placed in
    25  detention, or suspended from school.  When a student is  suspended  from
    26  school  or removed from the classroom, the principal, or the principal's
    27  designee, in consultation with the  student's  teachers,  shall,  within
    28  twenty-four  hours,  create  an  education plan for the student for each
    29  class in which the student is enrolled, provided that  if  such  twenty-
    30  four  hour  period does not end on a school day, it shall be extended to
    31  the corresponding time on the next school day. The education plan  shall
    32  make provisions for a student's on-going academic instruction during the
    33  removal  or  suspension and shall include the steps the school will take
    34  to provide the student with a successful re-entry to school. The student
    35  shall have the opportunity to earn all academic credit he or  she  would
    36  have  been  eligible  to earn had he or she been in class, including the
    37  opportunity to complete any missed assignments or take any missed  exam-
    38  inations  or assessments during the student's removal or suspension.  If
    39  an examination or assessment cannot be rescheduled, the student shall be
    40  allowed on school property to take such assessment or examination on the
    41  day and time that the assessment or examination is given;
    42    [f.] i. procedures by which violations of  the  code  of  conduct  are
    43  reported to the appropriate school personnel, the facts are investigated
    44  and determined, and discipline measures [imposed and discipline measures
    45  carried out] are determined and implemented;
    46    [g.]  j. provisions ensuring such code and the enforcement thereof are
    47  in compliance with state and federal  laws  relating  to  students  with
    48  disabilities;
    49    [h.  provisions  setting  forth  the  procedures  by  which  local law
    50  enforcement agencies shall be notified of code violations which  consti-
    51  tute a crime;
    52    i.] k. provisions setting forth the circumstances under and procedures
    53  by  which parents or persons in parental relation to the student accused
    54  of violating the code of conduct shall  be  notified  of  such  code  of
    55  conduct  violations  including notice that any statement by the student,
    56  written or oral, may be used against the student in  a  criminal,  immi-

        A. 5197                             4
 
     1  gration,  or juvenile delinquency investigation and/or proceeding and/or
     2  in a court of law;
     3    [j.]  l.  provisions  setting forth the circumstances under and proce-
     4  dures by which a [complaint in criminal court,  a  juvenile  delinquency
     5  petition]  student  may  be referred to law enforcement, consistent with
     6  the provisions of section twenty-eight hundred one-a of this article, or
     7  referred for a person in need of  supervision  petition  as  defined  in
     8  articles three and seven of the family court act will be filed;
     9    [k.]  m.  circumstances  under and procedures by which [referral to] a
    10  student may be  referred  to  academic  services,  school-based  support
    11  services, or appropriate human service agencies [shall be made]; and
    12    [l.  a  minimum  suspension  period,  for  students who repeatedly are
    13  substantially disruptive of the  educational  process  or  substantially
    14  interfere with the teacher's authority over the classroom, provided that
    15  the  suspending authority may reduce such period on a case by case basis
    16  to be consistent with any other state and federal law. For  purposes  of
    17  this  section,  the  definition of "repeatedly are substantially disrup-
    18  tive" shall be determined in accordance  with  the  regulations  of  the
    19  commissioner;
    20    m.  a  minimum suspension period for acts that would qualify the pupil
    21  to be defined as a violent pupil pursuant to paragraph a of  subdivision
    22  two-a  of  section thirty-two hundred fourteen of this chapter, provided
    23  that the suspending authority may reduce such period on a case  by  case
    24  basis to be consistent with any other state and federal law; and]
    25    n. provisions to comply with article two of this chapter.
    26    3.  The [district] code of conduct shall be developed in collaboration
    27  with [student, teacher, administrator, and parent organizations]  repre-
    28  sentatives  from  interested stakeholders including, but not limited to,
    29  students, teachers, administrators, parents,  school  safety  personnel,
    30  collective  bargaining  units,  and  other school personnel and shall be
    31  approved by the board of education or  trustees,  [or]  other  governing
    32  body,  or  by  the chancellor of the city school district in the case of
    33  the city school district of the city of New York.  In  the  city  school
    34  district  of  the  city  of  New York, each community district education
    35  council shall be authorized to adopt and implement additional  policies,
    36  which  are  consistent  with  the  city district's district-wide code of
    37  conduct, to reflect  the  individual  needs  of  each  community  school
    38  district  provided  that  such  additional  policies  shall  require the
    39  approval of the chancellor.
    40    3-a. The board of education or trustees, chancellor of the city school
    41  district in the case of the city school district  of  the  city  of  New
    42  York,  or other governing body shall provide professional development in
    43  accordance with this section for school personnel, law  enforcement  and
    44  public  or  private  security personnel employed, retained or contracted
    45  with a school district or charter school regarding the code of  conduct,
    46  the use of interventions, and graduated and proportionate discipline.
    47    4.  [The] At the beginning of each school year, the board of education
    48  or trustees, chancellor of the city school district in the case  of  the
    49  city  school  district  of the city of New York, or other governing body
    50  shall:   translate the code of conduct into  at  least  the  three  most
    51  commonly spoken languages of the children attending the school district,
    52  board  of  cooperative educational services, or charter school, post the
    53  code of conduct on the school district's, charter school's or  board  of
    54  cooperative educational services website, provide copies of a summary of
    55  the  code  of conduct to all students at a general assembly [held at the
    56  beginning of the school year and shall make copies of the code available

        A. 5197                             5

     1  to persons in parental relation to students at  the  beginning  of  each
     2  school  year,  and  shall]  or  classroom  lesson, mail a plain language
     3  summary of such code to all parents or persons in parental  relation  to
     4  students before the beginning of each school year, and make it available
     5  thereafter  upon  request. The board of education or trustees, the chan-
     6  cellor of the city school district  in  the  case  of  the  city  school
     7  district  of  the  city  of New York, or other governing body shall take
     8  reasonable steps to ensure community awareness of the code of  conduct's
     9  provisions.
    10    5.  a.  The board of education or trustees, the chancellor of the city
    11  school district in the case of the city of New York or  other  governing
    12  body shall annually review and update the district's codes of conduct if
    13  necessary,  taking  into  consideration  the  effectiveness  of  code of
    14  conduct provisions and the fairness  and  consistency  of  its  adminis-
    15  tration. Each school district is authorized to establish a committee and
    16  to  facilitate  the  review  of  the  code of conduct and the district's
    17  response to code of conduct violations.  Any  such  committee  shall  be
    18  comprised  of similar individuals described in subdivision three of this
    19  section. The [school] board of education or trustees, the chancellor  of
    20  the  city  school district in the case of the city of New York, or other
    21  governing body shall reapprove any such updated code only after at least
    22  one public hearing that provides for the participation of school person-
    23  nel, parents, students and any other interested parties.
    24    b. Each district, board of cooperative educational services, and char-
    25  ter school shall file a copy of its codes of conduct  with  the  commis-
    26  sioner  and  [all]  any  amendments to such code shall be filed with the
    27  commissioner no later than thirty days after their adoption.
    28    § 3. Subdivision 3 of section 2801 of the education law, as  added  by
    29  chapter 181 of the laws of 2000, is amended to read as follows:
    30    3.  The [district] code of conduct shall be developed in collaboration
    31  with [student, teacher, administrator, and parent organizations]  repre-
    32  sentatives  from  interested stakeholders including, but not limited to,
    33  students, teachers, administrators, parents,  school  safety  personnel,
    34  collective  bargaining  units,  and  other school personnel and shall be
    35  approved by the board of education or  trustees,  [or]  other  governing
    36  body,  or  by  the chancellor of the city school district in the case of
    37  the city school district of the city of New York.  In  the  city  school
    38  district  of  the city of New York, each community school district board
    39  shall be authorized to adopt and implement  additional  policies,  which
    40  are  consistent  with the city district's district-wide code of conduct,
    41  to reflect the  individual  needs  of  each  community  school  district
    42  provided that such additional policies shall require the approval of the
    43  chancellor.
    44    §  4.  Section 3214 of the education law, as amended by chapter 181 of
    45  the laws of 2000, subparagraph 1 of paragraph  c  of  subdivision  3  as
    46  amended by chapter 430 of the laws of 2006, paragraphs d and f of subdi-
    47  vision  3  as amended by chapter 425 of the laws of 2002, paragraph e of
    48  subdivision 3 as amended by chapter 170 of the laws of 2006, paragraph g
    49  of subdivision 3 as amended by chapter 352 of the laws of  2005,  clause
    50  (v)  of  subparagraph  3  of  paragraph g of subdivision 3 as amended by
    51  chapter 378 of the laws of 2007, paragraphs a, b and  c  of  subdivision
    52  3-a  as  amended by chapter 147 of the laws of 2001 and subdivision 7 as
    53  amended by section 9 of part YYY of chapter 59 of the laws of  2017,  is
    54  amended to read as follows:
    55    §  3214.  Student  placement,  suspensions  and  transfers. 1. [School
    56  delinquent. A minor under seventeen years of age, required by any of the

        A. 5197                             6

     1  provisions of part one of this article to attend upon  instruction,  who
     2  is  an  habitual  truant  from  such instruction or is irregular in such
     3  attendance or insubordinate  or  disorderly  or  disruptive  or  violent
     4  during such attendance, is a school delinquent.
     5    2.  Special  day  schools]  Alternative  learning  schools. The school
     6  authorities of any city [or],  school  district,  board  of  cooperative
     7  educational  services,  or  charter  school may establish schools or set
     8  apart rooms in [public] school buildings or properties for the  instruc-
     9  tion   of   [school  delinquents]  students  removed  or  suspended  for
    10  violations of the code of conduct, and fix the number of days  per  week
    11  and  the  hours  per  day  of required attendance and instruction, which
    12  shall not be less than is required of minors attending the full time day
    13  schools.
    14    [2-a. a. Violent pupil.  For the purposes of this section,  a  violent
    15  pupil  is  an  elementary or secondary student under twenty-one years of
    16  age who:
    17    (1) commits an act of violence upon a teacher, administrator or  other
    18  school employee;
    19    (2)  commits,  while  on  school district property, an act of violence
    20  upon another student or any other person lawfully upon said property;
    21    (3) possesses, while  on  school  district  property,  a  gun,  knife,
    22  explosive  or  incendiary bomb, or other dangerous instrument capable of
    23  causing physical injury or death;
    24    (4) displays, while on school district property, what appears to be  a
    25  gun,  knife,  explosive or incendiary bomb or other dangerous instrument
    26  capable of causing death or physical injury;
    27    (5) threatens, while on school district property, to use  any  instru-
    28  ment that appears capable of causing physical injury or death;
    29    (6) knowingly and intentionally damages or destroys the personal prop-
    30  erty  of a teacher, administrator, other school district employee or any
    31  person lawfully upon school district property; or
    32    (7) knowingly and intentionally damages or  destroys  school  district
    33  property.
    34    b.  Disruptive pupil.   For the purposes of this section, a disruptive
    35  pupil is an elementary or secondary student under  twenty-one  years  of
    36  age  who  is  substantially  disruptive  of  the  educational process or
    37  substantially interferes with the teacher's authority  over  the  class-
    38  room.
    39    3.]  2.  Suspension  of a [pupil] student. a.  (1) The board of educa-
    40  tion[, board of] or trustees [or sole trustee], the  chancellor  of  the
    41  city school district in the case of the city school district of the city
    42  of  New  York,  other  governing  body,  the  superintendent of schools,
    43  district superintendent of schools or principal of a school may  suspend
    44  [the  following  pupils] students from required attendance upon instruc-
    45  tion[:
    46    A pupil who is insubordinate or disorderly or violent  or  disruptive,
    47  or  whose  conduct  otherwise  endangers  the  safety, morals, health or
    48  welfare of others] as provided in paragraphs b, c, and d of this  subdi-
    49  vision,  in  accordance  with  the  code  of  conduct, provided that the
    50  suspension of such student is not  prohibited  by  section  twenty-eight
    51  hundred one of this chapter.
    52    (2)  School  officials shall weigh the likelihood that a lesser inter-
    53  vention or discipline would adequately address the student's misconduct,
    54  redress any harm or damage, and prevent future violations of the code of
    55  conduct. Suspensions shall only be used as a last resort.

        A. 5197                             7
 
     1    (3) The school shall conduct an  investigation  of  any  report  of  a
     2  violation of the code of conduct.
     3    (4)  The  school shall inform any student that submission of a written
     4  statement is voluntary and that any statement by the student, written or
     5  oral, may be used against the student in  a  criminal,  immigration,  or
     6  juvenile  delinquency  investigation and/or proceeding and/or in a court
     7  of law. If a student has been arrested or if the school  is  considering
     8  referring the student to law enforcement, the school shall not request a
     9  statement  from  such  student,  except  where there is imminent risk of
    10  serious physical injury to the student or other person or persons.
    11    b.  [(1)]  In  considering  appropriate  discipline  measures,  school
    12  authorities  shall  consider  the facts of each case, including, but not
    13  limited to:
    14    (1) the nature and impact of the student's alleged misconduct, includ-
    15  ing but not limited to the harm to the student or other persons,  damage
    16  to  personal  or  school property or threat to the safety and welfare of
    17  the school community;
    18    (2) the student's age, ability to speak or understand  English,  phys-
    19  ical  health, mental health, disabilities, and provisions of an individ-
    20  ualized education program as it relates to his or her behavior;
    21    (3) the student's willingness to resolve the conflict and  repair  any
    22  harm or damage;
    23    (4)  the  student's prior conduct, the appropriateness of prior inter-
    24  ventions, and the effectiveness of any prior interventions;
    25    (5) the relationship, if any, between the student's academic placement
    26  and program and the alleged violation of the code of conduct; and
    27    (6) other factors determined to be relevant.
    28    c. The board of education[, board of] or trustees, [or sole  trustee,]
    29  the  chancellor  of  the  city  school  district in the case of the city
    30  school district of the city of New York, other  governing  body,  super-
    31  intendent of schools, district superintendent of schools and the princi-
    32  pal of the school where the [pupil] student attends shall have the power
    33  to suspend a [pupil] student for a period not to exceed five school days
    34  provided  that  the  suspension  of  such  student  is not prohibited by
    35  section twenty-eight hundred one of this chapter. In the case of such  a
    36  suspension,  the  suspending authority shall provide the [pupil] student
    37  with written notice of the charged misconduct including a brief explana-
    38  tion of the basis for the suspension and a description  of  the  alleged
    39  behavior that violated the code of conduct that includes the date, time,
    40  and  place  of the scheduled informal conference with the principal, the
    41  right to appeal a suspension, and the procedures  for  appeal.  [If  the
    42  pupil  denies  the misconduct, the suspending authority shall provide an
    43  explanation of the basis for the suspension.] The  [pupil]  student  and
    44  the parent or person in parental relation to the [pupil] student shall[,
    45  on request,] be given an opportunity for an informal conference with the
    46  principal  [at which]. At the conference, the [pupil and/or] student and
    47  parent or person in parental relation shall be authorized to review  all
    48  evidence  of  the  alleged  misconduct,  present the [pupil's] student's
    49  version of  the  event  [and],  to  ask  questions  of  the  complaining
    50  witnesses,  and to be represented by an attorney or advocate. The afore-
    51  said notice and opportunity for an informal conference shall take  place
    52  prior  to  suspension  of  the  [pupil]  student  unless  the  [pupil's]
    53  student's presence in the school poses a continuing danger to persons or
    54  property or an ongoing threat of disruption to the academic process,  in
    55  which  case  the  [pupil's]  student's  notice  and  opportunity  for an

        A. 5197                             8
 
     1  informal conference shall take place as soon after the suspension begins
     2  as is reasonably practicable.
     3    [(2)  A  teacher  shall  immediately  report and refer a violent pupil
     4  principal or superintendent for a violation of the code of conduct and a
     5  minimum suspension period pursuant to section twenty-eight  hundred  one
     6  of this chapter
     7    c.  (1)]  d. The board of education or trustees, the chancellor of the
     8  city school district in the case of the city school district of the city
     9  of New  York,  other  governing  body,  superintendent  of  schools,  or
    10  district  superintendent  of  schools, shall have the power to suspend a
    11  student for a period not to exceed twenty school days, provided that the
    12  suspension of such student is not prohibited by paragraph c of  subdivi-
    13  sion two of section twenty-eight hundred one of this chapter. No [pupil]
    14  student  may  be  suspended  for  a period in excess of five school days
    15  unless such [pupil]  student  and  the  parent  or  person  in  parental
    16  relation  to  such  [pupil]  student shall have had an opportunity for a
    17  fair hearing, upon reasonable written notice, [at] which shall include a
    18  brief description of the facts upon which the alleged violations of  the
    19  code  of  conduct are based, the section of the code of conduct that the
    20  student is alleged to have violated, and the date, time and place of the
    21  hearing. Prior to the hearing, copies  of  all  evidence  regarding  the
    22  alleged  incident  shall be provided to the student and parent or person
    23  in parental relation to the student. The hearing shall be convened with-
    24  in five days of the written notice,  unless  the  parent  or  person  in
    25  parental  relation  to  the student or student requests a later date. At
    26  the hearing, such [pupil] student shall have the right of representation
    27  by [counsel] an attorney or advocate, with  the  right  to  request  the
    28  presence  of  and question witnesses against such [pupil] student and to
    29  request the presence of and present witnesses and other evidence on  his
    30  or  her behalf. Where the [pupil] student is a student with a disability
    31  or a student presumed to have a disability, the provisions of  paragraph
    32  [g]  h of this subdivision shall also apply. Where a [pupil] student has
    33  been suspended in accordance with this [subparagraph  by  a]  paragraph,
    34  the  board  of  education or trustees, the chancellor of the city school
    35  district in the case of the city school district  of  the  city  of  New
    36  York,  other  governing body, superintendent of schools, district super-
    37  intendent of schools, or community superintendent[, the  superintendent]
    38  shall personally hear and determine the proceeding or may, in his or her
    39  discretion,  designate  a  hearing  officer  to conduct the hearing. The
    40  entity or individual  that  conducts  the  hearing  [officer]  shall  be
    41  authorized  to  administer  oaths  and to issue subpoenas in conjunction
    42  with the proceeding [before him or her].  A record of the hearing  shall
    43  be  maintained,  but no stenographic transcript shall be required and [a
    44  tape] an audio recording shall be deemed a  satisfactory  record.    The
    45  entity  or  individual  that  conducts  the hearing [officer] shall make
    46  written findings of fact based on a preponderance of  the  evidence  and
    47  shall  make  recommendations as to the appropriate measure of discipline
    48  [to the superintendent] if any. The report of the hearing officer  shall
    49  be advisory only, and the board of education or trustees, the chancellor
    50  of  the  city school district in the case of the city school district of
    51  the city of New York, other governing body, superintendent of schools or
    52  district superintendent of schools may accept all or any  part  thereof.
    53  [An appeal will lie from the decision of the superintendent to the board
    54  of  education  who shall make its decision solely upon the record before
    55  it. The board may adopt in whole or in part the decision of  the  super-
    56  intendent of schools] The board of education or trustees, the chancellor

        A. 5197                             9
 
     1  of  the  city school district in the case of the city school district of
     2  the city of New York, other governing body, superintendent  of  schools,
     3  or  district superintendent of schools shall issue a written decision to
     4  the  school  and  parent  or  person in parental relation to the student
     5  within three days of the hearing. The written decision shall  state  the
     6  length  of  suspension,  if  any, findings of fact, reasons for determi-
     7  nation, length of suspension, if any, procedures  for  appeal,  and  the
     8  date  by  which  the  appeal  shall  be filed.   Where the basis for the
     9  suspension is, in whole or in part, the possession on school grounds  or
    10  school  property  by the student of any firearm, rifle, shotgun, dagger,
    11  dangerous knife, dirk, razor, stiletto or any of  the  weapons,  instru-
    12  ments  or  appliances  specified in subdivision one of section 265.01 of
    13  the penal law, the hearing officer or superintendent shall not be barred
    14  from considering the admissibility of such weapon, instrument or  appli-
    15  ance as evidence, notwithstanding a determination by a court in a crimi-
    16  nal or juvenile delinquency proceeding that the recovery of such weapon,
    17  instrument or appliance was the result of an unlawful search or seizure.
    18    [(2)  Where  a  [pupil]  student has been suspended in accordance with
    19  this section by a board of education, 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 him or her. The findings and recommendations of  the  hearing
    24  officer conducting the proceeding shall be advisory and subject to final
    25  action  by  the  board  of  education, each member of which shall before
    26  voting review the testimony and acquaint himself  or  herself  with  the
    27  evidence  in  the  case.  The  board  may  reject, confirm or modify the
    28  conclusions of the hearing officer.
    29    d.] e. (1) Consistent with  the  federal  gun-free  schools  act,  any
    30  public  school  [pupil] student who is determined under this subdivision
    31  to have brought a firearm to or possessed a firearm at a  public  school
    32  shall  be  suspended for a period of not less than one calendar year and
    33  any nonpublic school pupil participating in  a  program  operated  by  a
    34  public  school  district  using  funds from the elementary and secondary
    35  education act of nineteen hundred sixty-five  who  is  determined  under
    36  this  subdivision to have brought a firearm to or possessed a firearm at
    37  a public school or other premises used by the school district to provide
    38  such programs shall be suspended for a  period  of  not  less  than  one
    39  calendar year from participation in such program. The procedures of this
    40  subdivision  shall  apply  to  such  a  suspension of a nonpublic school
    41  [pupil] student. A superintendent of schools, district superintendent of
    42  schools or community superintendent shall have the authority  to  modify
    43  this  suspension  requirement  for each student on a case-by-case basis.
    44  The determination of a superintendent shall be subject to review by  the
    45  board  of education or trustees, other governing body, or the chancellor
    46  of the city school district in the case of the city school  district  of
    47  the  city  of  New York, pursuant to paragraph [c] d of this subdivision
    48  and the commissioner pursuant to section three hundred ten of this chap-
    49  ter. Nothing in this  subdivision  shall  be  deemed  to  authorize  the
    50  suspension  of  a student with a disability in violation of the individ-
    51  uals with disabilities education act  or  article  eighty-nine  of  this
    52  chapter.  A superintendent shall refer the [pupil] student under the age
    53  of sixteen who has been determined to have brought a weapon  or  firearm
    54  to school in violation of this subdivision to a presentment agency for a
    55  juvenile  delinquency  proceeding  consistent  with article three of the
    56  family court act except a student fourteen or fifteen years of  age  who

        A. 5197                            10
 
     1  qualifies  for  juvenile  offender status under subdivision forty-two of
     2  section 1.20 of the criminal procedure law. A superintendent shall refer
     3  any [pupil] student sixteen years of age or older or a student  fourteen
     4  or fifteen years of age who qualifies for juvenile offender status under
     5  subdivision forty-two of section 1.20 of the criminal procedure law, who
     6  has  been  determined  to  have brought a weapon or firearm to school in
     7  violation of this subdivision to the appropriate law  enforcement  offi-
     8  cials.
     9    (2)  Nothing  in this paragraph shall be deemed to mandate such action
    10  by a school district pursuant to subdivision one of this  section  where
    11  such  weapon or firearm is possessed or brought to school with the writ-
    12  ten authorization of such educational institution in a manner authorized
    13  by article two hundred  sixty-five  of  the  penal  law  for  activities
    14  approved  and  authorized by the trustees or board of education or other
    15  governing body of the public  school  and  such  governing  body  adopts
    16  appropriate safeguards to ensure student safety.
    17    (3) As used in this paragraph:
    18    (i)  "firearm"  shall  mean  a  firearm  as defined in subsection a of
    19  section nine hundred twenty-one of title eighteen of the  United  States
    20  Code; and
    21    (ii)  "weapon"  shall  be as defined in paragraph 2 of subsection g of
    22  section nine hundred thirty of title eighteen of the United States Code.
    23    [e.] f. Procedure after suspension. Where a [pupil] student  has  been
    24  suspended  pursuant to this subdivision and said [pupil is of compulsory
    25  attendance age] student has the legal right to attend school,  immediate
    26  steps  shall  be  taken for his or her attendance upon instruction else-
    27  where [or for supervision or detention of said  pupil  pursuant  to  the
    28  provisions  of  article seven of the family court act].  Where a [pupil]
    29  student has been suspended for cause, the suspension may be  revoked  by
    30  the  board  of education or trustees, other governing body, or the chan-
    31  cellor of the city school district  in  the  case  of  the  city  school
    32  district of the city of New York, whenever it appears to be for the best
    33  interest  of  the  school and the [pupil] student to do so. The board of
    34  education may or trustees, the chancellor of the city school district in
    35  the case of the city school district for the city of New York, or  other
    36  governing  body,  also  condition a student's early return to school and
    37  suspension revocation on the [pupil's] student's voluntary participation
    38  in counseling or specialized  classes,  including  anger  management  or
    39  dispute resolution, where applicable.
    40    [f.]  g.  Whenever  the  term "board of education or superintendent of
    41  schools" is used in this subdivision, it  shall  be  deemed  to  include
    42  board  of  trustees,  other  governing  body, the chancellor of the city
    43  school district in the case of the city school district for the city  of
    44  New  York,  community  boards of education and community superintendents
    45  governing community districts in accordance with the provisions of arti-
    46  cle fifty-two-A of this chapter.
    47    [g.] h. Discipline of students with disabilities and students presumed
    48  to have a disability for discipline purposes.  (1)  Notwithstanding  any
    49  other  provision  of  this subdivision to the contrary, a student with a
    50  disability as such term is defined in section forty-four hundred one  of
    51  this  chapter and a student presumed to have a disability for discipline
    52  purposes, may be suspended or removed from his  or  her  current  educa-
    53  tional  placement,  provided  that the suspension of such student is not
    54  prohibited by section twenty-eight hundred  one  of  this  chapter,  for
    55  violation  of [school rules] the code of conduct only in accordance with
    56  the procedures established in  this  section,  the  regulations  of  the

        A. 5197                            11
 
     1  commissioner  implementing this paragraph, and subsection (k) of section
     2  fourteen hundred fifteen of title twenty of the United States  code  and
     3  the  federal  regulations implementing such statute, as such federal law
     4  and regulations are from time to time amended. Nothing in this paragraph
     5  shall  be  construed  to confer greater rights on such students than are
     6  conferred under applicable federal law and regulations, or to limit  the
     7  ability  of  a  school district to change the educational placement of a
     8  student with a disability in accordance with the procedures  in  article
     9  eighty-nine of this chapter.
    10    (2) As used in this paragraph:
    11    [(1)]  (i)  a  "student  presumed  to have a disability for discipline
    12  purposes" shall mean a student who the school district is deemed to have
    13  knowledge was a student with  a  disability  before  the  behavior  that
    14  precipitated  disciplinary  action  under the criteria in subsection (k)
    15  (5) of section fourteen hundred fifteen of title twenty  of  the  United
    16  States code and the federal regulations implementing such statute; and
    17    (ii)  a  "manifestation  team"  means  a  representative of the school
    18  district, the parent  or  person  in  parental  relation,  and  relevant
    19  members  of  the  committee  on  special education, as determined by the
    20  parent or person in parental relation and the district.
    21    (3) In applying the federal law consistent with this section:
    22    (i) in the event of a conflict between the procedures  established  in
    23  this section and those established in subsection (k) of section fourteen
    24  hundred fifteen of title twenty of the United States code and the feder-
    25  al regulations implementing such statute, such federal statute and regu-
    26  lations shall govern.
    27    (ii)  the  board  of  trustees  or  board  of  education of any school
    28  district, other governing  body,  the  chancellor  of  the  city  school
    29  district  of  the city of New York, a district superintendent of schools
    30  or a building principal shall have authority, provided  that  suspension
    31  of  such  student is not prohibited by paragraph c of subdivision two of
    32  section twenty-eight hundred one of this chapter, to order the placement
    33  of a student with a disability into an appropriate  interim  alternative
    34  educational  setting,  another  setting or suspension, provided that the
    35  suspension of such student is not  prohibited  by  section  twenty-eight
    36  hundred one of this chapter, for a period not to exceed five consecutive
    37  school days where such student is suspended pursuant to this subdivision
    38  and,  except  as otherwise provided in clause (vi) of this subparagraph,
    39  the suspension does not result in a change in  placement  under  federal
    40  law.
    41    (iii)  the  superintendent  of  schools  of  a school district, either
    42  directly or upon recommendation of a hearing officer designated pursuant
    43  to paragraph c of this subdivision, may order the placement of a student
    44  with a disability  into  an  interim  alternative  educational  setting,
    45  another  setting  or  suspension,  provided  that the suspension of such
    46  student is not prohibited by section twenty-eight hundred  one  of  this
    47  chapter,  for up to ten consecutive school days, inclusive of any period
    48  in which the student is placed in  an  appropriate  interim  alternative
    49  educational  setting,  another  setting or suspension pursuant to clause
    50  (ii) of this subparagraph for the  behavior,  where  the  superintendent
    51  determines  in accordance with the procedures set forth in this subdivi-
    52  sion that the student has engaged in behavior that  warrants  a  suspen-
    53  sion,  and, except as otherwise provided in clause (vi) of this subpara-
    54  graph, the suspension does not result in a  change  in  placement  under
    55  federal law.

        A. 5197                            12
 
     1    (iv)  the  superintendent  of  schools  of  a  school district, either
     2  directly or upon recommendation of a hearing officer designated pursuant
     3  to paragraph c of this subdivision, may order the change in placement of
     4  a student with  a  disability  to  an  interim  alternative  educational
     5  setting  for up to forty-five school days under the circumstances speci-
     6  fied in subsection (k)(1)(G) of  section  fourteen  hundred  fifteen  of
     7  title  twenty  of  the  United  States  code and the federal regulations
     8  implementing such statute or a longer period where authorized by federal
     9  law under the circumstances specified in subsection (k)(1)(C) of section
    10  fourteen hundred fifteen of title twenty of the United States  code  and
    11  the  federal  regulations implementing such statute, but in neither case
    12  shall such period exceed the period of suspension ordered  by  a  super-
    13  intendent in accordance with this subdivision, provided that the suspen-
    14  sion  of  such student is not prohibited by section twenty-eight hundred
    15  one of this chapter.
    16    (v) the terms "day," "business day," and  "school  day"  shall  be  as
    17  defined  in  section  300.11 of title thirty-four of the code of federal
    18  regulations.
    19    (vi) notwithstanding any other provision of this  subdivision  to  the
    20  contrary, upon a determination by a manifestation team that the behavior
    21  of  a student with a disability was not a manifestation of the student's
    22  disability, such student may be disciplined pursuant to this section  in
    23  the  same  manner  and  for  the same duration as a nondisabled student,
    24  except that such student shall  continue  to  receive  services  to  the
    25  extent required under federal law and regulations, and such services may
    26  be provided in an interim alternative educational setting, provided that
    27  the suspension of such student is not prohibited by section twenty-eight
    28  hundred one of this chapter.
    29    (vii)  an  impartial hearing officer appointed pursuant to subdivision
    30  one of section forty-four hundred four  of  this  chapter  may  order  a
    31  change  in  placement  of  a student with a disability to an appropriate
    32  interim alternative educational setting for  not  more  than  forty-five
    33  school  days under the circumstances specified in subsections (k)(3) and
    34  (k)(4) of section fourteen hundred fifteen of title twenty of the United
    35  States code and the  federal  regulations  implementing  such  statutes,
    36  provided  that  such  procedure  may be repeated, as necessary, provided
    37  that the suspension of such student is not prohibited by  section  twen-
    38  ty-eight hundred one of this chapter.
    39    (viii)  nothing  in  this  section shall be construed to authorize the
    40  suspension or removal of a student with a disability  from  his  or  her
    41  current  educational placement for violation of school rules following a
    42  determination by a manifestation team that the behavior is a  manifesta-
    43  tion of the student's disability, except as authorized under federal law
    44  and regulations.
    45    (ix) the commissioner shall implement this paragraph by adopting regu-
    46  lations  which  coordinate  the  procedures  required  for discipline of
    47  students with disabilities, and students presumed to have  a  disability
    48  for  discipline purposes, pursuant to subsection (k) of section fourteen
    49  hundred fifteen of title twenty of the United States code and the feder-
    50  al regulations implementing such statute, with  the  general  procedures
    51  for student discipline under this section.
    52    [3-a.]  i.    When  a student is suspended from school consistent with
    53  this section and section twenty-eight hundred one of this  chapter,  the
    54  principal,  or  the  principal's  designee,  in  consultation  with  the
    55  student's teachers, shall within twenty-four hours create  an  education
    56  plan  for  the  student for each class in which the student is enrolled,

        A. 5197                            13
 
     1  provided that if such twenty-four hour period does not end on  a  school
     2  day,  it  shall be extended to the corresponding time on the next school
     3  day. The education plan shall make provisions for a  student's  on-going
     4  academic  instruction  during the suspension and shall include the steps
     5  the school will take to provide the student with a  successful  re-entry
     6  to  school.  The student shall have the opportunity to earn all academic
     7  credit he or she would have been eligible to earn had he or she been  in
     8  class,  including  the opportunity to complete any missed assignments or
     9  take any missed examination or assessments during the student's  suspen-
    10  sion. If an examination or assessment cannot be rescheduled, the student
    11  shall  be allowed on school property to take such assessment or examina-
    12  tion on the day and time that the assessment or examination is given.
    13    3. Teacher removal of a [disruptive pupil] student.  In addition,  any
    14  teacher shall have the power and authority to remove a [disruptive pupil
    15  as  defined  in  subdivision  two-a  of this section,] student from such
    16  teacher's classroom consistent with discipline measures contained in the
    17  code of conduct adopted by the board pursuant  to  section  twenty-eight
    18  hundred  one  of  this  chapter. Such classroom removal shall not exceed
    19  one-half school day on the same school day. The  school  authorities  of
    20  any school district, board of cooperative educational services, or char-
    21  ter  school  shall  establish  policies  and  procedures  to  ensure the
    22  provision  of  continued  educational  programming  and  activities  for
    23  students  removed  from  the classroom pursuant to this subdivision [and
    24  provided further that nothing]. When  a  student  is  removed  from  the
    25  classroom,  the  student shall have the opportunity to earn all academic
    26  credit including the opportunity to complete any missed  assignments  or
    27  take  any  missed  examinations  or  assessments  during  the  student's
    28  removal. If an examination or  assessment  cannot  be  rescheduled,  the
    29  student  shall  be allowed on school property to take such assessment or
    30  examination on the day and time that the assessment  or  examination  is
    31  given.  Nothing  in  this  subdivision  shall authorize the removal of a
    32  [pupil] student in violation of any state or federal law or  regulation.
    33  No  [pupil]  student  shall  return to the classroom until the principal
    34  makes a final determination pursuant to paragraph c of this subdivision,
    35  or the period of removal expires, whichever is less.
    36    a. Such teacher shall inform the [pupil] student and the school  prin-
    37  cipal  of  the  reasons  for  the removal. If the teacher finds that the
    38  [pupil's] student's continued presence in the classroom does not pose  a
    39  continuing danger to persons or property and does not present an ongoing
    40  threat  of  disruption to the academic process, the teacher shall, prior
    41  to removing the student from the classroom, provide the student with  an
    42  explanation  of  the basis for the removal and allow the [pupil] student
    43  to informally  present  the  [pupil's]  student's  version  of  relevant
    44  events.  In  all  other  cases,  the  teacher  shall provide the [pupil]
    45  student with an explanation of the basis for the removal and an informal
    46  opportunity to be  heard  within  twenty-four  hours  of  the  [pupil's]
    47  student's  removal,  provided  that if such twenty-four hour period does
    48  not end on a school day, it shall be extended to the corresponding  time
    49  on the next school day.
    50    b.  The  principal  shall  inform  the  parent  or  person in parental
    51  relation to such [pupil] student of the removal and the reasons therefor
    52  within twenty-four hours of the [pupil's]  student's  removal,  provided
    53  that  if  such  twenty-four hour period does not end on a school day, it
    54  shall be extended to the corresponding time on the next school day.  The
    55  [pupil]  student  and  the  parent or person in parental relation shall,
    56  upon request, be given an opportunity for an  informal  conference  with

        A. 5197                            14
 
     1  the  principal  to  discuss  the reasons for the removal. If the [pupil]
     2  student denies the charges, the principal shall provide  an  explanation
     3  of the basis for the removal and allow the [pupil] student and/or person
     4  in  parental  relation  to the [pupil] student an opportunity to present
     5  the [pupil's] student's version of relevant events. Such informal [hear-
     6  ing] conference shall be held within forty-eight hours of the  [pupil's]
     7  student's  removal,  provided  that if such forty-eight hour period does
     8  not end on a school day, it shall be extended to the corresponding  time
     9  on the second school day next following the [pupil's] student's removal.
    10  For  purposes  of this subdivision, "school day" shall mean a school day
    11  as defined pursuant to clause (v) of subparagraph three of  paragraph  g
    12  of subdivision three of this section.
    13    c.  The  principal  shall  not set aside the discipline imposed by the
    14  teacher unless the principal finds that the charges against the  [pupil]
    15  student  are not supported by substantial evidence or that the [pupil's]
    16  student's removal is otherwise in violation of law or that  the  conduct
    17  warrants  suspension  from school pursuant to this section and a suspen-
    18  sion will be imposed.  The principal's determination  made  pursuant  to
    19  this  paragraph  shall  be  made  by  the  close  of business on the day
    20  succeeding the forty-eight hour period for an informal hearing contained
    21  in paragraph b of this subdivision.
    22    d. The principal may, in his or her  discretion,  designate  a  school
    23  district administrator, to carry out the functions required of the prin-
    24  cipal under this subdivision.
    25    4.  Expense.  [a.]  The  expense attending the commitment and costs of
    26  maintenance of any [school delinquent] student placed as a result  of  a
    27  finding  related  to  school  or  educational  issues  shall be a charge
    28  against the city or district where he or she resides, if  such  city  or
    29  district  employs  a  superintendent of schools; otherwise it shall be a
    30  county charge.
    31    [b. The school authorities may institute proceedings  before  a  court
    32  having  jurisdiction  to determine the liability of a person in parental
    33  relation to contribute towards the maintenance of  a  school  delinquent
    34  under  sixteen  years  of  age  ordered to attend upon instruction under
    35  confinement. If the court shall find the  person  in  parental  relation
    36  able to contribute towards the maintenance of such a minor, it may issue
    37  an order fixing the amount to be paid weekly.]
    38    5. Involuntary transfers of [pupils] students who have not been deter-
    39  mined  to be a student with a disability or a student presumed to have a
    40  disability for discipline purposes.
    41    a. The board of education[, board of] or trustees [or sole  trustee,],
    42  the  chancellor  of  the  city  school  district in the case of the city
    43  school district of New York, other governing body, the superintendent of
    44  schools, or district superintendent of schools may  transfer  a  [pupil]
    45  student who has not been determined to be a student with a disability as
    46  defined  in section forty-four hundred one of this chapter, or a student
    47  presumed to have a disability for  discipline  purposes  as  defined  in
    48  paragraph  [g] h of subdivision [three] two of this section from regular
    49  classroom instruction to an appropriate educational setting  in  another
    50  school  upon  the  written  recommendation  of  the school principal and
    51  following independent review thereof. For purposes of  this  section  of
    52  the  law,  "involuntary  transfer" does not include a transfer made by a
    53  school district as part of a plan to reduce racial imbalance within  the
    54  schools or as a change in school attendance zones or geographical bound-
    55  aries.

        A. 5197                            15
 
     1    b.  A  school principal may initiate a non-requested transfer where it
     2  is believed that such a [pupil] student would benefit from the transfer,
     3  or when the [pupil] student would receive an  adequate  and  appropriate
     4  education in another school program or facility.
     5    No  recommendation  for [pupil] student transfer shall be initiated by
     6  the principal until such [pupil] student  and  a  parent  or  person  in
     7  parental  relation  has  been sent written notification of the consider-
     8  ation of transfer recommendation. Such notice shall set a time and place
     9  of an informal conference with  the  principal  and  shall  inform  such
    10  parent  or person in parental relation and such [pupil] student of their
    11  right to be accompanied by counsel or an individual of their choice.
    12    c. After the conference  and  if  the  principal  concludes  that  the
    13  [pupil]  student  would  benefit  from  a  transfer  or that the [pupil]
    14  student would receive an adequate and appropriate education  in  another
    15  school  program or facility, the principal may issue a recommendation of
    16  transfer to the superintendent.  Such  recommendation  shall  include  a
    17  description  of behavior and/or academic problems indicative of the need
    18  for transfer; a description of alternatives explored  and  prior  action
    19  taken to resolve the problem. A copy of that letter shall be sent to the
    20  parent or person in parental relation and to the [pupil] student.
    21    d.  Upon  receipt of the principal's recommendation for transfer and a
    22  determination to consider that recommendation, the superintendent  shall
    23  notify the parent or person in parental relation and the [pupil] student
    24  of  the  proposed  transfer  and  of  their  right  to a fair hearing as
    25  provided in paragraph c of subdivision three of this section  and  shall
    26  list  community  agencies  and  free  legal  assistance  which may be of
    27  assistance. The written  notice  shall  include  a  statement  that  the
    28  [pupil] student or parent or person in parental relation has ten days to
    29  request  a hearing and that the proposed transfer shall not take effect,
    30  except upon written parental consent,  until  the  ten  day  period  has
    31  elapsed,  or, if a fair hearing is requested, until after a formal deci-
    32  sion following the hearing is rendered, whichever is later.
    33    Parental consent to a transfer shall not constitute a  waiver  of  the
    34  right to a fair hearing.
    35    6.  Transfer  of a [pupil] student.  Where a suspended [pupil] student
    36  is to be transferred pursuant to subdivision five of this section, he or
    37  she shall remain on the register of the original school for  two  school
    38  days  following transmittal of his or her records to the school to which
    39  he or she is to be transferred. The receiving school  shall  immediately
    40  upon  receiving those records transmitted by the original school, review
    41  them to insure proper placement of the [pupil] student.   Staff  members
    42  who  are  involved in the [pupil's] student's education must be provided
    43  with pertinent records and information relating to  the  background  and
    44  problems  of the [pupil] student before the [pupil] student is placed in
    45  a classroom.
    46    7.  Transfer  of  disciplinary  records.  Notwithstanding  any   other
    47  provision of law to the contrary, each local educational agency, as such
    48  term  is  defined in subsection thirty of section eighty-one hundred one
    49  of the Elementary and Secondary Education Act of 1965, as amended, shall
    50  establish procedures in  accordance  with  section  eighty-five  hundred
    51  thirty-seven  of  the Elementary and Secondary Education Act of 1965, as
    52  amended, and the Family Educational Rights and Privacy Act of  1974,  to
    53  facilitate  the transfer of disciplinary records relating to the suspen-
    54  sion or expulsion of a student to any public or nonpublic elementary  or
    55  secondary  school  in which such student enrolls or seeks, intends or is
    56  instructed to enroll, on a full-time or part-time basis.

        A. 5197                            16

     1    § 5. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of
     2  the education law, as amended by chapter 380 of the  laws  of  2001,  is
     3  amended to read as follows:
     4    [(1)]  d.  The  board  of education or trustees, the chancellor of the
     5  city school district in the case of the city school district of the city
     6  of New  York,  other  governing  body,  superintendent  of  schools,  or
     7  district  superintendent  of  schools, shall have the power to suspend a
     8  student for a period not to exceed twenty school days, provided that the
     9  suspension of such student is not prohibited by paragraph c of  subdivi-
    10  sion two of section twenty-eight hundred one of this chapter. No [pupil]
    11  student  may  be  suspended  for  a period in excess of five school days
    12  unless such [pupil]  student  and  the  parent  or  person  in  parental
    13  relation  to  such  [pupil]  student shall have had an opportunity for a
    14  fair hearing, upon reasonable written notice[, at which] shall include a
    15  brief description of the facts upon which the alleged violations of  the
    16  code  of  conduct are based, the section of the code of conduct that the
    17  student is alleged to have violated, and the date, time and place of the
    18  hearing. Prior to the hearing, copies  of  all  evidence  regarding  the
    19  alleged  incident  shall be provided to the student and parent or person
    20  in parental relation to the student. The hearing shall be convened with-
    21  in five days of the written notice,  unless  the  parent  or  person  in
    22  parental  relation  to  the student or student requests a later date. At
    23  the hearing, such [pupil] student shall have the right of representation
    24  by [counsel] an attorney or advocate, with  the  right  to  request  the
    25  presence  of  and to question witnesses against such [pupil] student and
    26  to request the presence of and present witnesses and other  evidence  on
    27  his or her behalf. Where a [pupil] student has been suspended in accord-
    28  ance  with  this subdivision [by a], the board of education or trustees,
    29  the chancellor of the city school district  in  the  case  of  the  city
    30  school  district  of  the city of New York, other governing body, super-
    31  intendent of schools, district superintendent of schools,  or  community
    32  superintendent[, the superintendent] shall personally hear and determine
    33  the  proceeding  or  may,  in his or her discretion, designate a hearing
    34  officer to conduct the hearing. The entity or individual  that  conducts
    35  the  hearing  [officer]  shall  be authorized to administer oaths and to
    36  issue subpoenas in conjunction with the  proceeding  [before  him].    A
    37  record  of  the  hearing  shall be maintained, but no stenographic tran-
    38  script shall be required and [a tape] an audio recording shall be deemed
    39  a satisfactory record. The entity or individual that conducts the  hear-
    40  ing  [officer] shall make written findings of fact based on a preponder-
    41  ance of the evidence and shall make recommendations as to the  appropri-
    42  ate measure of discipline [to the superintendent] if any.  The report of
    43  the  hearing  officer shall be advisory only, and the board of education
    44  or trustees, the chancellor of the city school district in the  case  of
    45  the  city school district of the city of New York, other governing body,
    46  superintendent of schools or  district  superintendent  of  schools  may
    47  accept all or any part thereof. [An appeal will lie from the decision of
    48  the superintendent to the board of education who shall make its decision
    49  solely  upon  the  record  before it. The board may adopt in whole or in
    50  part the decision of the superintendent of schools] The board of  educa-
    51  tion or trustees, the chancellor of the city school district in the case
    52  of  the  city  school  district of the city of New York, other governing
    53  body, superintendent of schools, or district superintendent  of  schools
    54  shall  issue  a  written  decision to the school and parent or person in
    55  parental relation to the student within three days of the  hearing.  The
    56  written  decision shall state the length of suspension, if any, findings

        A. 5197                            17
 
     1  of fact, reasons for determination, length of suspension, if any, proce-
     2  dures for appeal, and the date by  which  the  appeal  shall  be  filed.
     3  Where  the  basis  for  the  suspension  is,  in  whole  or in part, the
     4  possession  on  school  grounds or school property by the student of any
     5  firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor,  stiletto
     6  or  any  of the weapons, instruments or appliances specified in subdivi-
     7  sion one of section 265.01 of the penal  law,  the  hearing  officer  or
     8  superintendent shall not be barred from considering the admissibility of
     9  such  weapon,  instrument  or  appliance  as evidence, notwithstanding a
    10  determination by a court in a criminal or juvenile delinquency  proceed-
    11  ing  that  the  recovery of such weapon, instrument or appliance was the
    12  result of an unlawful search or seizure.
    13    § 6. Paragraphs d and f of subdivision 3 of section 3214 of the educa-
    14  tion law, as amended by chapter 181 of the laws of 2000, are amended  to
    15  read as follows:
    16    [d.]  e.  Consistent with the federal gun-free schools act of nineteen
    17  hundred ninety-four, any public school [pupil] student who is determined
    18  under this subdivision to have brought  a  weapon  to  school  shall  be
    19  suspended  for  a  period  of  not  less  than one calendar year and any
    20  nonpublic school [pupil] student participating in a program operated  by
    21  a  public  school district using funds from the elementary and secondary
    22  education act of nineteen hundred sixty-five  who  is  determined  under
    23  this  subdivision  to  have brought a weapon to a public school or other
    24  premises used by the school district to provide such programs  shall  be
    25  suspended  for  a period of not less than one calendar year from partic-
    26  ipation in such program. The procedures of this subdivision shall  apply
    27  to  such  a  suspension  of a nonpublic school [pupil] student. A super-
    28  intendent of schools, district superintendent of  schools  or  community
    29  superintendent  shall  have  the  authority  to  modify  this suspension
    30  requirement for each student on a case-by-case basis. The  determination
    31  of a superintendent shall be subject to review by the board of education
    32  or  trustees, other governing body, or the chancellor of the city school
    33  district in the case of the city school district  of  the  city  of  New
    34  York,  pursuant  to paragraph c of this subdivision and the commissioner
    35  pursuant to section three hundred ten of this chapter. Nothing  in  this
    36  subdivision  shall  be  deemed  to authorize the suspension of a student
    37  with a disability in violation  of  the  individuals  with  disabilities
    38  education  act  or article eighty-nine of this chapter. A superintendent
    39  shall refer the [pupil] student under the age of sixteen  who  has  been
    40  determined  to  have  brought  a  weapon  to school in violation of this
    41  subdivision to a presentment agency for a juvenile delinquency  proceed-
    42  ing  consistent  with  article  three  of  the family court act except a
    43  student fourteen or fifteen years of  age  who  qualifies  for  juvenile
    44  offender status under subdivision forty-two of section 1.20 of the crim-
    45  inal  procedure  law.  A  superintendent shall refer any [pupil] student
    46  sixteen years of age or older or a student fourteen or fifteen years  of
    47  age  who qualifies for juvenile offender status under subdivision forty-
    48  two of section 1.20 of the criminal procedure law, who has  been  deter-
    49  mined  to  have brought a weapon to school in violation of this subdivi-
    50  sion to the appropriate law enforcement officials.
    51    [f.] g. Whenever the term "board of  education  or  superintendent  of
    52  schools"  is  used  in  this  subdivision, it shall be deemed to include
    53  board of trustees, other governing body,  the  chancellor  of  the  city
    54  school  district in the case of the city school district for the city of
    55  New York, community boards of education  and  community  superintendents
    56  governing community districts in accordance with the provisions of arti-

        A. 5197                            18
 
     1  cle  fifty-two-A  of  this chapter. For the purpose of this subdivision,
     2  the term "weapon" means a firearm as such term  is  defined  in  section
     3  nine hundred twenty-one of title eighteen of the United States code.
     4    §  7.  Paragraph  g  of subdivision 3 of section 3214 of the education
     5  law, as amended by chapter 181 of the  laws  of  2000,  clause  (ii)  of
     6  subparagraph 3 as amended by chapter 380 of the laws of 2001, is amended
     7  to read as follows:
     8    [g.] h. Discipline of students with disabilities and students presumed
     9  to  have  a  disability for discipline purposes. (1) Notwithstanding any
    10  other provision of this subdivision to the contrary, a  student  with  a
    11  disability  as such term is defined in section forty-four hundred one of
    12  this chapter and a student presumed to have a disability for  discipline
    13  purposes,  may  be  suspended  or removed from his or her current educa-
    14  tional placement, provided that the suspension of such  student  is  not
    15  prohibited  by  section  twenty-eight  hundred  one of this chapter, for
    16  violation of school rules only in accordance with the procedures  estab-
    17  lished in this section, the regulations of the commissioner implementing
    18  this  paragraph,  and subsection (k) of section fourteen hundred fifteen
    19  of title twenty of the United States code and  the  federal  regulations
    20  implementing  such statute, as such federal law and regulations are from
    21  time to time amended. Nothing in this paragraph shall  be  construed  to
    22  confer greater rights on such students than are conferred under applica-
    23  ble  federal  law  and  regulations, or to limit the ability of a school
    24  district to change the educational placement of a student with  a  disa-
    25  bility  in accordance with the procedures in article eighty-nine of this
    26  chapter.
    27    (2) As used in this paragraph, a "student presumed to have a disabili-
    28  ty for discipline purposes" shall mean a student who the school district
    29  is deemed to have knowledge was a student with a disability  before  the
    30  behavior  that  precipitated  disciplinary  action under the criteria in
    31  subsection (k)(8) of section fourteen hundred fifteen of title twenty of
    32  the United States code and the  federal  regulations  implementing  such
    33  statute.
    34    (3) In applying the federal law consistent with this section:
    35    (i)  in  the event of a conflict between the procedures established in
    36  this section and those established in subsection (k) of section fourteen
    37  hundred fifteen of title twenty of the United States code and the feder-
    38  al regulations implementing such statute, such federal statute and regu-
    39  lations shall govern.
    40    (ii) the board of  trustees  or  board  of  education  of  any  school
    41  district,  other  governing  body,  the  chancellor  of  the city school
    42  district in the case of the city school district  of  the  city  of  New
    43  York, a district superintendent of schools or a building principal shall
    44  have  authority,  provided  that  the  suspension of such student is not
    45  prohibited by section twenty-eight hundred one of this chapter, to order
    46  the placement of a student with a disability into an appropriate interim
    47  alternative educational setting, another setting  or  suspension  for  a
    48  period  not to exceed five consecutive school days where such student is
    49  suspended pursuant to this subdivision and, except as otherwise provided
    50  in clause (vi) of this subparagraph, the suspension does not result in a
    51  change in placement under federal law.
    52    (iii) the superintendent of  schools  of  a  school  district,  either
    53  directly or upon recommendation of a hearing officer designated pursuant
    54  to paragraph c of this subdivision, may order the placement of a student
    55  with  a  disability  into  an  interim  alternative educational setting,
    56  another setting or suspension for up to  ten  consecutive  school  days,

        A. 5197                            19
 
     1  inclusive of any period in which the student is placed in an appropriate
     2  interim alternative educational placement, another setting or suspension
     3  pursuant to clause (ii) of this subparagraph for the behavior, where the
     4  superintendent determines in accordance with the procedures set forth in
     5  this  subdivision that the student has engaged in behavior that warrants
     6  a suspension, and, except as otherwise provided in clause (vi)  of  this
     7  subparagraph,  the  suspension  does not result in a change in placement
     8  under federal law, provided that the suspension of such student  is  not
     9  prohibited by section twenty-eight hundred one of this chapter.
    10    (iv)  the  superintendent  of  schools  of  a  school district, either
    11  directly or upon recommendation of a hearing officer designated pursuant
    12  to paragraph c of this subdivision, may order the change in placement of
    13  a student with  a  disability  to  an  interim  alternative  educational
    14  setting  for  up  to  forty-five  days,  but not to exceed the period of
    15  suspension ordered by a superintendent in accordance with this  subdivi-
    16  sion,  under the circumstances specified in subsection (k)(1) of section
    17  fourteen hundred fifteen of title twenty of the United States  code  and
    18  the  federal  regulations  implementing  such statute, provided that the
    19  suspension of such student is not  prohibited  by  section  twenty-eight
    20  hundred one of this chapter.
    21    (v)  the  terms  "day,"  "business  day," and "school day" shall be as
    22  defined in section 300.9 of title thirty-four of  the  code  of  federal
    23  regulations.
    24    (vi)  notwithstanding  any  other provision of this subdivision to the
    25  contrary, upon a determination by the  committee  on  special  education
    26  that the behavior of a student with a disability was not a manifestation
    27  of the student's disability, such student may be disciplined pursuant to
    28  this  section  in  the same manner as a nondisabled student, except that
    29  such student shall continue to receive services to the  extent  required
    30  under  federal law and regulations, provided that the suspension of such
    31  student is not prohibited by section twenty-eight hundred  one  of  this
    32  chapter.
    33    (vii)  an  impartial hearing officer appointed pursuant to subdivision
    34  one of section forty-four hundred four  of  this  chapter  may  order  a
    35  change  in  placement  of  a student with a disability to an appropriate
    36  interim alternative educational setting for  not  more  than  forty-five
    37  days  under the circumstances specified in subsections (k)(2) and (k)(7)
    38  of section fourteen hundred fifteen of title twenty of the United States
    39  code and the federal regulations implementing  such  statutes,  provided
    40  that  such  procedure  may  be repeated, as necessary, provided that the
    41  suspension of such student is not  prohibited  by  section  twenty-eight
    42  hundred one of this chapter.
    43    (viii)  nothing  in  this  section shall be construed to authorize the
    44  suspension or removal of a student with a disability  from  his  or  her
    45  current  educational placement for violation of school rules following a
    46  determination by the committee on special education that the behavior is
    47  a manifestation of the student's disability, except as authorized  under
    48  federal law and regulations.
    49    (ix) the commissioner shall implement this paragraph by adopting regu-
    50  lations  which  coordinate  the  procedures  required  for discipline of
    51  students with disabilities, and students presumed to have  a  disability
    52  for  discipline purposes, pursuant to subsection (k) of section fourteen
    53  hundred fifteen of title twenty of the United States code and the feder-
    54  al regulations implementing such statute, with  the  general  procedures
    55  for student discipline under this section.

        A. 5197                            20
 
     1    §  8.  Paragraphs a, b and c of subdivision 3-a of section 3214 of the
     2  education law, as added by chapter 181 of the laws of 2000, are  amended
     3  to read as follows:
     4    a.  Such teacher shall inform the [pupil] student and the school prin-
     5  cipal of the reasons for the removal. If  the  teacher  finds  that  the
     6  [pupil's]  student's continued presence in the classroom does not pose a
     7  continuing danger to persons or property and does not present an ongoing
     8  threat of disruption to the academic process, the teacher  shall,  prior
     9  to  removing the student from the classroom, provide the student with an
    10  explanation of the basis for the removal and allow the  [pupil]  student
    11  to  informally  present  the  [pupil's]  student's  version  of relevant
    12  events. In all other  cases,  the  teacher  shall  provide  the  [pupil]
    13  student with an explanation of the basis for the removal and an informal
    14  opportunity  to  be  heard  within  twenty-four  hours  of the [pupil's]
    15  student's removal.
    16    b. The principal  shall  inform  the  parent  or  person  in  parental
    17  relation to such [pupil] student of the removal and the reasons therefor
    18  within twenty-four hours of the [pupil's] student's removal. The [pupil]
    19  student  and  the  parent  or  person  in  parental relation shall, upon
    20  request, be given an opportunity for an  informal  conference  with  the
    21  principal to discuss the reasons for the removal. If the [pupil] student
    22  denies  the  charges,  the principal shall provide an explanation of the
    23  basis for the removal and allow the [pupil]  student  and/or  parent  or
    24  person  in  parental  relation  to the [pupil] student an opportunity to
    25  present  the  [pupil's]  student's  version  of  relevant  events.  Such
    26  informal  [hearing] conference shall be held within forty-eight hours of
    27  the [pupil's] student's removal.
    28    c. The principal shall not set aside the  discipline  imposed  by  the
    29  teacher  unless the principal finds that the charges against the [pupil]
    30  student are not supported by substantial evidence or that the  [pupil's]
    31  student's  removal  is otherwise in violation of law or that the conduct
    32  warrants suspension from school pursuant to this section and  a  suspen-
    33  sion  will  be imposed.   The principal's determination made pursuant to
    34  this paragraph shall be made  by  the  close  of  business  on  the  day
    35  succeeding the forty-eight hour period for an informal hearing contained
    36  in paragraph b of this subdivision.
    37    §  9.  This act shall take effect September 1, 2022; provided, however
    38  that:
    39    a. the amendments to subdivision 3 of section 2801  of  the  education
    40  law  made  by section two of this act shall be subject to the expiration
    41  and reversion of such subdivision pursuant to section 34 of  chapter  91
    42  of  the  laws of 2002, as amended, when upon such date the provisions of
    43  section three of this act shall take effect;
    44    b. the amendments to subparagraph 1 of paragraph c of subdivision 3 of
    45  section 3214 of the education law made by section four of this act shall
    46  be subject to the expiration and reversion of such subparagraph pursuant
    47  to subdivision (a) of section 8 of chapter 430 of the laws of  2006,  as
    48  amended,  when upon such date the provisions of section five of this act
    49  shall take effect;
    50    c. the amendments to paragraphs d and f of subdivision  3  of  section
    51  3214  of  the  education  law  made by section four of this act shall be
    52  subject to the expiration and reversion of such paragraphs  pursuant  to
    53  section 4 of chapter 425 of the laws of 2002, as amended, when upon such
    54  date the provisions of section six of this act shall take effect;
    55    d.  the  amendments to paragraph g of subdivision 3 of section 3214 of
    56  the education law made by section four of this act shall be  subject  to

        A. 5197                            21
 
     1  the expiration and reversion of such paragraph pursuant to section 22 of
     2  chapter  352  of  the  laws of 2005, as amended, when upon such date the
     3  provisions of section seven of this act shall take effect;
     4    d-1.  the amendments to clause (v) of subparagraph 3 of paragraph g of
     5  subdivision 3 of section 3214 of the education law made by section  four
     6  of  this  act  shall  be subject to the expiration and reversion of such
     7  clause pursuant to subdivision d of section 27 of  chapter  378  of  the
     8  laws  of 2007, as amended, when upon such date the provisions of section
     9  seven of this act shall take effect;
    10    e. the amendments to paragraphs a, b  and  c  of  subdivision  3-a  of
    11  section 3214 of the education law made by section four of this act shall
    12  be  subject  to the expiration and reversion of such paragraphs pursuant
    13  to section 12 of chapter 147 of the laws of 2001, as amended, when  upon
    14  such date the provisions of section eight of this act shall take effect;
    15  and
    16    f.  the  amendments  to subdivision 7 of section 3214 of the education
    17  law, made by section four of this act, shall not affect  the  repeal  of
    18  such subdivision and shall be deemed repealed therewith.
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A05197 Chamber Video/Transcript:

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