Bill Text: NY S07198 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to school climate and codes of conduct on school property and disciplinary action following violation of such codes of conduct; makes conforming amendments.
Spectrum: Partisan Bill (Democrat 25-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO EDUCATION [S07198 Detail]
Download: New_York-2021-S07198-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7198 2021-2022 Regular Sessions IN SENATE June 7, 2021 ___________ Introduced by Sens. JACKSON, BRISPORT, BAILEY, BENJAMIN, BIAGGI, COMRIE, GIANARIS, HARCKHAM, HOYLMAN, KAVANAGH, LIU, MAY, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06645-01-1S. 7198 2 1 2. The board of education or the trustees[, as defined in section two2of this chapter,] of every school district [within the state, however3created, and every] or the chancellor of the city school district in the 4 case of the city school district of the city of New York, and every 5 board of cooperative educational services and [county vocational exten-6sion board] charter school, shall adopt and amend, as appropriate, a 7 code of conduct for the maintenance of order on school property, includ- 8 ing a school function, which shall promote and sustain a safe, respect- 9 ful, and supportive school environment and govern the conduct of 10 students, teachers and other school personnel as well as visitors and 11 shall provide for the enforcement thereof. Such policy may be adopted by 12 the [school] board of education or trustees, or the chancellor of the 13 city school district in the case of the city school district of the city 14 of New York, or other governing body only after at least one public 15 hearing that provides for the participation of school personnel, 16 parents, students and any other interested parties before its adoption. 17 The school district, board of cooperative educational services, or char- 18 ter school shall notify the school community and general public about 19 the hearing at least fifteen days prior to the date of the hearing. Such 20 notice shall include the date, time, and place of the hearing, the agen- 21 da, a copy of the proposed code of conduct, and information about a 22 public comment period as determined by the school district, board of 23 cooperative educational services, or charter school. The school 24 district, board of cooperative educational services, or charter school 25 shall take necessary steps to notify families who do not speak English 26 and whose children attend a school in the district, a board of cooper- 27 ative educational services, or a charter school. Such code of conduct 28 shall define violations of the code of conduct and set clear expecta- 29 tions for student conduct on school property, including at school func- 30 tions, and shall include, at a minimum: 31 a. provisions regarding conduct, dress and language deemed appropriate 32 and acceptable on school property, including a school function, and 33 conduct, dress and language deemed unacceptable and inappropriate on 34 school property, including a school function[, and]; 35 b. provisions regarding acceptable civil and respectful treatment of 36 teachers, school administrators, other school personnel, students and 37 visitors on school property[, including a] and at school [function] 38 functions, including [the appropriate] a range of age-appropriate gradu- 39 ated and proportionate disciplinary measures which [may be imposed for40violation of such] must be considered in responding to a code violation, 41 and the roles of teachers, administrators, other school personnel, the 42 board of education or trustees, or the chancellor of the city school 43 district in the case of the city school district of the city of New 44 York, or other governing body, and parents. 45 b-1. provisions that require schools to use the least severe action 46 necessary to respond to any violation of the code of conduct before 47 imposing a removal or suspension. Such options may include restorative 48 practices, social and emotional supports, and other interventions. 49 Restorative practices may include class meetings, facilitated circles, 50 conferences, peer mediation, and other interventions that can effec- 51 tively address student misconduct, hold students accountable for their 52 behavior, and foster healthy relationships within the school community. 53 No student, however, shall be required to participate in a restorative 54 practice without their consent. Reasonable attempts shall also be made 55 to obtain the consent of their parents or persons in parental relations;S. 7198 3 1 [b.] b-2. provisions that prohibit classroom removals and suspensions 2 to respond to tardiness, unexcused absence from class or school, leaving 3 school without permission, violation of school dress code, and lack of 4 identification upon request of school personnel; 5 b-3. provisions that prohibit suspensions for initial or repeated acts 6 of willful disobedience. "Willful disobedience" shall mean disruptive, 7 insubordinate, or rowdy behavior, including behaviors such as the use of 8 foul or inappropriate language, gestures, comments, or refusal to follow 9 directions; 10 c. provisions that prohibit the suspension of students in pre-kinder- 11 garten through grade three, except if suspension is necessary to comply 12 with applicable federal laws; 13 d. standards and procedures to assure security and safety of students 14 and school personnel; 15 [c.] e. provisions for the removal from the classroom and from school 16 property, including a school function, of students and other persons who 17 violate the code of conduct; 18 [d.] f. disciplinary measures to be taken in incidents involving the 19 possession or use of illegal substances or weapons, the use of physical 20 force, vandalism, violation of another student's civil rights and 21 threats of violence; 22 [e.] g. provisions for detention, suspension and removal from the 23 classroom of students, consistent with section thirty-two hundred four- 24 teen of this chapter and other applicable federal, state and local laws 25 [including]; 26 h. provisions for the school authorities to establish policies and 27 procedures to ensure the provision of continued educational programming 28 and activities for students removed from the classroom, placed in 29 detention, or suspended from school. When a student is suspended from 30 school or removed from the classroom, the principal, or the principal's 31 designee, in consultation with the student's teachers, shall, within 32 twenty-four hours, create an education plan for the student for each 33 class in which the student is enrolled, provided that if such twenty- 34 four hour period does not end on a school day, it shall be extended to 35 the corresponding time on the next school day. The education plan shall 36 make provisions for a student's on-going academic instruction during the 37 removal or suspension and shall include the steps the school will take 38 to provide the student with a successful re-entry to school. The student 39 shall have the opportunity to earn all academic credit he or she would 40 have been eligible to earn had he or she been in class, including the 41 opportunity to complete any missed assignments or take any missed exam- 42 inations or assessments during the student's removal or suspension. If 43 an examination or assessment cannot be rescheduled, the student shall be 44 allowed on school property to take such assessment or examination on the 45 day and time that the assessment or examination is given; 46 [f.] i. procedures by which violations of the code of conduct are 47 reported to the appropriate school personnel, the facts are investigated 48 and determined, and discipline measures [imposed and discipline measures49carried out] are determined and implemented; 50 [g.] j. provisions ensuring such code and the enforcement thereof are 51 in compliance with state and federal laws relating to students with 52 disabilities; 53 [h. provisions setting forth the procedures by which local law54enforcement agencies shall be notified of code violations which consti-55tute a crime;S. 7198 4 1i.] k. provisions setting forth the circumstances under and procedures 2 by which parents or persons in parental relation to the student accused 3 of violating the code of conduct shall be notified of such code of 4 conduct violations including notice that any statement by the student, 5 written or oral, may be used against the student in a criminal, immi- 6 gration, or juvenile delinquency investigation and/or proceeding and/or 7 in a court of law; 8 [j.] l. provisions setting forth the circumstances under and proce- 9 dures by which a [complaint in criminal court, a juvenile delinquency10petition] student may be referred to law enforcement, consistent with 11 the provisions of section twenty-eight hundred one-a of this article, or 12 referred for a person in need of supervision petition as defined in 13 articles three and seven of the family court act will be filed; 14 [k.] m. circumstances under and procedures by which [referral to] a 15 student may be referred to academic services, school-based support 16 services, or appropriate human service agencies [shall be made]; and 17 [l. a minimum suspension period, for students who repeatedly are18substantially disruptive of the educational process or substantially19interfere with the teacher's authority over the classroom, provided that20the suspending authority may reduce such period on a case by case basis21to be consistent with any other state and federal law. For purposes of22this section, the definition of "repeatedly are substantially disrup-23tive" shall be determined in accordance with the regulations of the24commissioner;25m. a minimum suspension period for acts that would qualify the pupil26to be defined as a violent pupil pursuant to paragraph a of subdivision27two-a of section thirty-two hundred fourteen of this chapter, provided28that the suspending authority may reduce such period on a case by case29basis to be consistent with any other state and federal law; and] 30 n. provisions to comply with article two of this chapter. 31 3. The [district] code of conduct shall be developed in collaboration 32 with [student, teacher, administrator, and parent organizations] repre- 33 sentatives from interested stakeholders including, but not limited to, 34 students, teachers, administrators, parents, school safety personnel, 35 collective bargaining units, and other school personnel and shall be 36 approved by the board of education or trustees, [or] other governing 37 body, or by the chancellor of the city school district in the case of 38 the city school district of the city of New York. In the city school 39 district of the city of New York, each community district education 40 council shall be authorized to adopt and implement additional policies, 41 which are consistent with the city district's district-wide code of 42 conduct, to reflect the individual needs of each community school 43 district provided that such additional policies shall require the 44 approval of the chancellor. 45 3-a. The board of education or trustees, chancellor of the city school 46 district in the case of the city school district of the city of New 47 York, or other governing body shall provide professional development in 48 accordance with this section for school personnel, law enforcement and 49 public or private security personnel employed, retained or contracted 50 with a school district or charter school regarding the code of conduct, 51 the use of interventions, and graduated and proportionate discipline. 52 4. [The] At the beginning of each school year, the board of education 53 or trustees, chancellor of the city school district in the case of the 54 city school district of the city of New York, or other governing body 55 shall: translate the code of conduct into at least the three most 56 commonly spoken languages of the children attending the school district,S. 7198 5 1 board of cooperative educational services, or charter school, post the 2 code of conduct on the school district's, charter school's or board of 3 cooperative educational services website, provide copies of a summary of 4 the code of conduct to all students at a general assembly [held at the5beginning of the school year and shall make copies of the code available6to persons in parental relation to students at the beginning of each7school year, and shall] or classroom lesson, mail a plain language 8 summary of such code to all parents or persons in parental relation to 9 students before the beginning of each school year, and make it available 10 thereafter upon request. The board of education or trustees, the chan- 11 cellor of the city school district in the case of the city school 12 district of the city of New York, or other governing body shall take 13 reasonable steps to ensure community awareness of the code of conduct's 14 provisions. 15 5. a. The board of education or trustees, the chancellor of the city 16 school district in the case of the city of New York or other governing 17 body shall annually review and update the district's codes of conduct if 18 necessary, taking into consideration the effectiveness of code of 19 conduct provisions and the fairness and consistency of its adminis- 20 tration. Each school district is authorized to establish a committee and 21 to facilitate the review of the code of conduct and the district's 22 response to code of conduct violations. Any such committee shall be 23 comprised of similar individuals described in subdivision three of this 24 section. The [school] board of education or trustees, the chancellor of 25 the city school district in the case of the city of New York, or other 26 governing body shall reapprove any such updated code only after at least 27 one public hearing that provides for the participation of school person- 28 nel, parents, students and any other interested parties. 29 b. Each district, board of cooperative educational services, and char- 30 ter school shall file a copy of its codes of conduct with the commis- 31 sioner and [all] any amendments to such code shall be filed with the 32 commissioner no later than thirty days after their adoption. 33 § 3. Subdivision 3 of section 2801 of the education law, as added by 34 chapter 181 of the laws of 2000, is amended to read as follows: 35 3. The [district] code of conduct shall be developed in collaboration 36 with [student, teacher, administrator, and parent organizations] repre- 37 sentatives from interested stakeholders including, but not limited to, 38 students, teachers, administrators, parents, school safety personnel, 39 collective bargaining units, and other school personnel and shall be 40 approved by the board of education or trustees, [or] other governing 41 body, or by the chancellor of the city school district in the case of 42 the city school district of the city of New York. In the city school 43 district of the city of New York, each community school district board 44 shall be authorized to adopt and implement additional policies, which 45 are consistent with the city district's district-wide code of conduct, 46 to reflect the individual needs of each community school district 47 provided that such additional policies shall require the approval of the 48 chancellor. 49 § 4. Section 3214 of the education law, as amended by chapter 181 of 50 the laws of 2000, subparagraph 1 of paragraph c of subdivision 3 as 51 amended by chapter 430 of the laws of 2006, paragraphs d and f of subdi- 52 vision 3 as amended by chapter 425 of the laws of 2002, paragraph e of 53 subdivision 3 as amended by chapter 170 of the laws of 2006, paragraph g 54 of subdivision 3 as amended by chapter 352 of the laws of 2005, clause 55 (v) of subparagraph 3 of paragraph g of subdivision 3 as amended by 56 chapter 378 of the laws of 2007, paragraphs a, b and c of subdivisionS. 7198 6 1 3-a as amended by chapter 147 of the laws of 2001 and subdivision 7 as 2 amended by section 9 of part YYY of chapter 59 of the laws of 2017, is 3 amended to read as follows: 4 § 3214. Student placement, suspensions and transfers. 1. [School5delinquent. A minor under seventeen years of age, required by any of the6provisions of part one of this article to attend upon instruction, who7is an habitual truant from such instruction or is irregular in such8attendance or insubordinate or disorderly or disruptive or violent9during such attendance, is a school delinquent.102. Special day schools] Alternative learning schools. The school 11 authorities of any city [or], school district, board of cooperative 12 educational services, or charter school may establish schools or set 13 apart rooms in [public] school buildings or properties for the instruc- 14 tion of [school delinquents] students removed or suspended for 15 violations of the code of conduct, and fix the number of days per week 16 and the hours per day of required attendance and instruction, which 17 shall not be less than is required of minors attending the full time day 18 schools. 19 [2-a. a. Violent pupil. For the purposes of this section, a violent20pupil is an elementary or secondary student under twenty-one years of21age who:22(1) commits an act of violence upon a teacher, administrator or other23school employee;24(2) commits, while on school district property, an act of violence25upon another student or any other person lawfully upon said property;26(3) possesses, while on school district property, a gun, knife,27explosive or incendiary bomb, or other dangerous instrument capable of28causing physical injury or death;29(4) displays, while on school district property, what appears to be a30gun, knife, explosive or incendiary bomb or other dangerous instrument31capable of causing death or physical injury;32(5) threatens, while on school district property, to use any instru-33ment that appears capable of causing physical injury or death;34(6) knowingly and intentionally damages or destroys the personal prop-35erty of a teacher, administrator, other school district employee or any36person lawfully upon school district property; or37(7) knowingly and intentionally damages or destroys school district38property.39b. Disruptive pupil. For the purposes of this section, a disruptive40pupil is an elementary or secondary student under twenty-one years of41age who is substantially disruptive of the educational process or42substantially interferes with the teacher's authority over the class-43room.443.] 2. Suspension of a [pupil] student. a. (1) The board of educa- 45 tion[, board of] or trustees [or sole trustee], the chancellor of the 46 city school district in the case of the city school district of the city 47 of New York, other governing body, the superintendent of schools, 48 district superintendent of schools or principal of a school may suspend 49 [the following pupils] students from required attendance upon instruc- 50 tion[:51A pupil who is insubordinate or disorderly or violent or disruptive,52or whose conduct otherwise endangers the safety, morals, health or53welfare of others] as provided in paragraphs b, c, and d of this subdi- 54 vision, in accordance with the code of conduct, provided that the 55 suspension of such student is not prohibited by section twenty-eight 56 hundred one of this chapter.S. 7198 7 1 (2) School officials shall weigh the likelihood that a lesser inter- 2 vention or discipline would adequately address the student's misconduct, 3 redress any harm or damage, and prevent future violations of the code of 4 conduct. Suspensions shall only be used as a last resort. 5 (3) The school shall conduct an investigation of any report of a 6 violation of the code of conduct. 7 (4) The school shall inform any student that submission of a written 8 statement is voluntary and that any statement by the student, written or 9 oral, may be used against the student in a criminal, immigration, or 10 juvenile delinquency investigation and/or proceeding and/or in a court 11 of law. If a student has been arrested or if the school is considering 12 referring the student to law enforcement, the school shall not request a 13 statement from such student, except where there is imminent risk of 14 serious physical injury to the student or other person or persons. 15 b. [(1)] In considering appropriate discipline measures, school 16 authorities shall consider the facts of each case, including, but not 17 limited to: 18 (1) the nature and impact of the student's alleged misconduct, includ- 19 ing but not limited to the harm to the student or other persons, damage 20 to personal or school property or threat to the safety and welfare of 21 the school community; 22 (2) the student's age, ability to speak or understand English, phys- 23 ical health, mental health, disabilities, and provisions of an individ- 24 ualized education program as it relates to his or her behavior; 25 (3) the student's willingness to resolve the conflict and repair any 26 harm or damage; 27 (4) the student's prior conduct, the appropriateness of prior inter- 28 ventions, and the effectiveness of any prior interventions; 29 (5) the relationship, if any, between the student's academic placement 30 and program and the alleged violation of the code of conduct; and 31 (6) other factors determined to be relevant. 32 c. The board of education[, board of] or trustees, [or sole trustee,] 33 the chancellor of the city school district in the case of the city 34 school district of the city of New York, other governing body, super- 35 intendent of schools, district superintendent of schools and the princi- 36 pal of the school where the [pupil] student attends shall have the power 37 to suspend a [pupil] student for a period not to exceed five school days 38 provided that the suspension of such student is not prohibited by 39 section twenty-eight hundred one of this chapter. In the case of such a 40 suspension, the suspending authority shall provide the [pupil] student 41 with written notice of the charged misconduct including a brief explana- 42 tion of the basis for the suspension and a description of the alleged 43 behavior that violated the code of conduct that includes the date, time, 44 and place of the scheduled informal conference with the principal, the 45 right to appeal a suspension, and the procedures for appeal. [If the46pupil denies the misconduct, the suspending authority shall provide an47explanation of the basis for the suspension.] The [pupil] student and 48 the parent or person in parental relation to the [pupil] student shall[,49on request,] be given an opportunity for an informal conference with the 50 principal [at which]. At the conference, the [pupil and/or] student and 51 parent or person in parental relation shall be authorized to review all 52 evidence of the alleged misconduct, present the [pupil's] student's 53 version of the event [and], to ask questions of the complaining 54 witnesses, and to be represented by an attorney or advocate. The afore- 55 said notice and opportunity for an informal conference shall take place 56 prior to suspension of the [pupil] student unless the [pupil's]S. 7198 8 1 student's presence in the school poses a continuing danger to persons or 2 property or an ongoing threat of disruption to the academic process, in 3 which case the [pupil's] student's notice and opportunity for an 4 informal conference shall take place as soon after the suspension begins 5 as is reasonably practicable. 6 [(2) A teacher shall immediately report and refer a violent pupil7principal or superintendent for a violation of the code of conduct and a8minimum suspension period pursuant to section twenty-eight hundred one9of this chapter10c. (1)] d. The board of education or trustees, the chancellor of the 11 city school district in the case of the city school district of the city 12 of New York, other governing body, superintendent of schools, or 13 district superintendent of schools, shall have the power to suspend a 14 student for a period not to exceed twenty school days, provided that the 15 suspension of such student is not prohibited by paragraph c of subdivi- 16 sion two of section twenty-eight hundred one of this chapter. No [pupil] 17 student may be suspended for a period in excess of five school days 18 unless such [pupil] student and the parent or person in parental 19 relation to such [pupil] student shall have had an opportunity for a 20 fair hearing, upon reasonable written notice, [at] which shall include a 21 brief description of the facts upon which the alleged violations of the 22 code of conduct are based, the section of the code of conduct that the 23 student is alleged to have violated, and the date, time and place of the 24 hearing. Prior to the hearing, copies of all evidence regarding the 25 alleged incident shall be provided to the student and parent or person 26 in parental relation to the student. The hearing shall be convened with- 27 in five days of the written notice, unless the parent or person in 28 parental relation to the student or student requests a later date. At 29 the hearing, such [pupil] student shall have the right of representation 30 by [counsel] an attorney or advocate, with the right to request the 31 presence of and question witnesses against such [pupil] student and to 32 request the presence of and present witnesses and other evidence on his 33 or her behalf. Where the [pupil] student is a student with a disability 34 or a student presumed to have a disability, the provisions of paragraph 35 [g] h of this subdivision shall also apply. Where a [pupil] student has 36 been suspended in accordance with this [subparagraph by a] paragraph, 37 the board of education or trustees, the chancellor of the city school 38 district in the case of the city school district of the city of New 39 York, other governing body, superintendent of schools, district super- 40 intendent of schools, or community superintendent[, the superintendent] 41 shall personally hear and determine the proceeding or may, in his or her 42 discretion, designate a hearing officer to conduct the hearing. The 43 entity or individual that conducts the hearing [officer] shall be 44 authorized to administer oaths and to issue subpoenas in conjunction 45 with the proceeding [before him or her]. A record of the hearing shall 46 be maintained, but no stenographic transcript shall be required and [a47tape] an audio recording shall be deemed a satisfactory record. The 48 entity or individual that conducts the hearing [officer] shall make 49 written findings of fact based on a preponderance of the evidence and 50 shall make recommendations as to the appropriate measure of discipline 51 [to the superintendent] if any. The report of the hearing officer shall 52 be advisory only, and the board of education or trustees, the chancellor 53 of the city school district in the case of the city school district of 54 the city of New York, other governing body, superintendent of schools or 55 district superintendent of schools may accept all or any part thereof. 56 [An appeal will lie from the decision of the superintendent to the boardS. 7198 9 1of education who shall make its decision solely upon the record before2it. The board may adopt in whole or in part the decision of the super-3intendent of schools] The board of education or trustees, the chancellor 4 of the city school district in the case of the city school district of 5 the city of New York, other governing body, superintendent of schools, 6 or district superintendent of schools shall issue a written decision to 7 the school and parent or person in parental relation to the student 8 within three days of the hearing. The written decision shall state the 9 length of suspension, if any, findings of fact, reasons for determi- 10 nation, length of suspension, if any, procedures for appeal, and the 11 date by which the appeal shall be filed. Where the basis for the 12 suspension is, in whole or in part, the possession on school grounds or 13 school property by the student of any firearm, rifle, shotgun, dagger, 14 dangerous knife, dirk, razor, stiletto or any of the weapons, instru- 15 ments or appliances specified in subdivision one of section 265.01 of 16 the penal law, the hearing officer or superintendent shall not be barred 17 from considering the admissibility of such weapon, instrument or appli- 18 ance as evidence, notwithstanding a determination by a court in a crimi- 19 nal or juvenile delinquency proceeding that the recovery of such weapon, 20 instrument or appliance was the result of an unlawful search or seizure. 21 [(2) Where a [pupil] student has been suspended in accordance with 22 this section by a board of education, the board may in its discretion 23 hear and determine the proceeding or appoint a hearing officer who shall 24 have the same powers and duties with respect to the board that a hearing 25 officer has with respect to a superintendent where the suspension was 26 ordered by him or her. The findings and recommendations of the hearing 27 officer conducting the proceeding shall be advisory and subject to final 28 action by the board of education, each member of which shall before 29 voting review the testimony and acquaint himself or herself with the 30 evidence in the case. The board may reject, confirm or modify the 31 conclusions of the hearing officer. 32 d.] e. (1) Consistent with the federal gun-free schools act, any 33 public school [pupil] student who is determined under this subdivision 34 to have brought a firearm to or possessed a firearm at a public school 35 shall be suspended for a period of not less than one calendar year and 36 any nonpublic school pupil participating in a program operated by a 37 public school district using funds from the elementary and secondary 38 education act of nineteen hundred sixty-five who is determined under 39 this subdivision to have brought a firearm to or possessed a firearm at 40 a public school or other premises used by the school district to provide 41 such programs shall be suspended for a period of not less than one 42 calendar year from participation in such program. The procedures of this 43 subdivision shall apply to such a suspension of a nonpublic school 44 [pupil] student. A superintendent of schools, district superintendent of 45 schools or community superintendent shall have the authority to modify 46 this suspension requirement for each student on a case-by-case basis. 47 The determination of a superintendent shall be subject to review by the 48 board of education or trustees, other governing body, or the chancellor 49 of the city school district in the case of the city school district of 50 the city of New York, pursuant to paragraph [c] d of this subdivision 51 and the commissioner pursuant to section three hundred ten of this chap- 52 ter. Nothing in this subdivision shall be deemed to authorize the 53 suspension of a student with a disability in violation of the individ- 54 uals with disabilities education act or article eighty-nine of this 55 chapter. A superintendent shall refer the [pupil] student under the age 56 of sixteen who has been determined to have brought a weapon or firearmS. 7198 10 1 to school in violation of this subdivision to a presentment agency for a 2 juvenile delinquency proceeding consistent with article three of the 3 family court act except a student fourteen or fifteen years of age who 4 qualifies for juvenile offender status under subdivision forty-two of 5 section 1.20 of the criminal procedure law. A superintendent shall refer 6 any [pupil] student sixteen years of age or older or a student fourteen 7 or fifteen years of age who qualifies for juvenile offender status under 8 subdivision forty-two of section 1.20 of the criminal procedure law, who 9 has been determined to have brought a weapon or firearm to school in 10 violation of this subdivision to the appropriate law enforcement offi- 11 cials. 12 (2) Nothing in this paragraph shall be deemed to mandate such action 13 by a school district pursuant to subdivision one of this section where 14 such weapon or firearm is possessed or brought to school with the writ- 15 ten authorization of such educational institution in a manner authorized 16 by article two hundred sixty-five of the penal law for activities 17 approved and authorized by the trustees or board of education or other 18 governing body of the public school and such governing body adopts 19 appropriate safeguards to ensure student safety. 20 (3) As used in this paragraph: 21 (i) "firearm" shall mean a firearm as defined in subsection a of 22 section nine hundred twenty-one of title eighteen of the United States 23 Code; and 24 (ii) "weapon" shall be as defined in paragraph 2 of subsection g of 25 section nine hundred thirty of title eighteen of the United States Code. 26 [e.] f. Procedure after suspension. Where a [pupil] student has been 27 suspended pursuant to this subdivision and said [pupil is of compulsory28attendance age] student has the legal right to attend school, immediate 29 steps shall be taken for his or her attendance upon instruction else- 30 where [or for supervision or detention of said pupil pursuant to the31provisions of article seven of the family court act]. Where a [pupil] 32 student has been suspended for cause, the suspension may be revoked by 33 the board of education or trustees, other governing body, or the chan- 34 cellor of the city school district in the case of the city school 35 district of the city of New York, whenever it appears to be for the best 36 interest of the school and the [pupil] student to do so. The board of 37 education may or trustees, the chancellor of the city school district in 38 the case of the city school district for the city of New York, or other 39 governing body, also condition a student's early return to school and 40 suspension revocation on the [pupil's] student's voluntary participation 41 in counseling or specialized classes, including anger management or 42 dispute resolution, where applicable. 43 [f.] g. Whenever the term "board of education or superintendent of 44 schools" is used in this subdivision, it shall be deemed to include 45 board of trustees, other governing body, the chancellor of the city 46 school district in the case of the city school district for the city of 47 New York, community boards of education and community superintendents 48 governing community districts in accordance with the provisions of arti- 49 cle fifty-two-A of this chapter. 50 [g.] h. Discipline of students with disabilities and students presumed 51 to have a disability for discipline purposes. (1) Notwithstanding any 52 other provision of this subdivision to the contrary, a student with a 53 disability as such term is defined in section forty-four hundred one of 54 this chapter and a student presumed to have a disability for discipline 55 purposes, may be suspended or removed from his or her current educa- 56 tional placement, provided that the suspension of such student is notS. 7198 11 1 prohibited by section twenty-eight hundred one of this chapter, for 2 violation of [school rules] the code of conduct only in accordance with 3 the procedures established in this section, the regulations of the 4 commissioner implementing this paragraph, and subsection (k) of section 5 fourteen hundred fifteen of title twenty of the United States code and 6 the federal regulations implementing such statute, as such federal law 7 and regulations are from time to time amended. Nothing in this paragraph 8 shall be construed to confer greater rights on such students than are 9 conferred under applicable federal law and regulations, or to limit the 10 ability of a school district to change the educational placement of a 11 student with a disability in accordance with the procedures in article 12 eighty-nine of this chapter. 13 (2) As used in this paragraph: 14 [(1)] (i) a "student presumed to have a disability for discipline 15 purposes" shall mean a student who the school district is deemed to have 16 knowledge was a student with a disability before the behavior that 17 precipitated disciplinary action under the criteria in subsection (k) 18 (5) of section fourteen hundred fifteen of title twenty of the United 19 States code and the federal regulations implementing such statute; and 20 (ii) a "manifestation team" means a representative of the school 21 district, the parent or person in parental relation, and relevant 22 members of the committee on special education, as determined by the 23 parent or person in parental relation and the district. 24 (3) In applying the federal law consistent with this section: 25 (i) in the event of a conflict between the procedures established in 26 this section and those established in subsection (k) of section fourteen 27 hundred fifteen of title twenty of the United States code and the feder- 28 al regulations implementing such statute, such federal statute and regu- 29 lations shall govern. 30 (ii) the board of trustees or board of education of any school 31 district, other governing body, the chancellor of the city school 32 district of the city of New York, a district superintendent of schools 33 or a building principal shall have authority, provided that suspension 34 of such student is not prohibited by paragraph c of subdivision two of 35 section twenty-eight hundred one of this chapter, to order the placement 36 of a student with a disability into an appropriate interim alternative 37 educational setting, another setting or suspension, provided that the 38 suspension of such student is not prohibited by section twenty-eight 39 hundred one of this chapter, for a period not to exceed five consecutive 40 school days where such student is suspended pursuant to this subdivision 41 and, except as otherwise provided in clause (vi) of this subparagraph, 42 the suspension does not result in a change in placement under federal 43 law. 44 (iii) the superintendent of schools of a school district, either 45 directly or upon recommendation of a hearing officer designated pursuant 46 to paragraph c of this subdivision, may order the placement of a student 47 with a disability into an interim alternative educational setting, 48 another setting or suspension, provided that the suspension of such 49 student is not prohibited by section twenty-eight hundred one of this 50 chapter, for up to ten consecutive school days, inclusive of any period 51 in which the student is placed in an appropriate interim alternative 52 educational setting, another setting or suspension pursuant to clause 53 (ii) of this subparagraph for the behavior, where the superintendent 54 determines in accordance with the procedures set forth in this subdivi- 55 sion that the student has engaged in behavior that warrants a suspen- 56 sion, and, except as otherwise provided in clause (vi) of this subpara-S. 7198 12 1 graph, the suspension does not result in a change in placement under 2 federal law. 3 (iv) the superintendent of schools of a school district, either 4 directly or upon recommendation of a hearing officer designated pursuant 5 to paragraph c of this subdivision, may order the change in placement of 6 a student with a disability to an interim alternative educational 7 setting for up to forty-five school days under the circumstances speci- 8 fied in subsection (k)(1)(G) of section fourteen hundred fifteen of 9 title twenty of the United States code and the federal regulations 10 implementing such statute or a longer period where authorized by federal 11 law under the circumstances specified in subsection (k)(1)(C) of section 12 fourteen hundred fifteen of title twenty of the United States code and 13 the federal regulations implementing such statute, but in neither case 14 shall such period exceed the period of suspension ordered by a super- 15 intendent in accordance with this subdivision, provided that the suspen- 16 sion of such student is not prohibited by section twenty-eight hundred 17 one of this chapter. 18 (v) the terms "day," "business day," and "school day" shall be as 19 defined in section 300.11 of title thirty-four of the code of federal 20 regulations. 21 (vi) notwithstanding any other provision of this subdivision to the 22 contrary, upon a determination by a manifestation team that the behavior 23 of a student with a disability was not a manifestation of the student's 24 disability, such student may be disciplined pursuant to this section in 25 the same manner and for the same duration as a nondisabled student, 26 except that such student shall continue to receive services to the 27 extent required under federal law and regulations, and such services may 28 be provided in an interim alternative educational setting, provided that 29 the suspension of such student is not prohibited by section twenty-eight 30 hundred one of this chapter. 31 (vii) an impartial hearing officer appointed pursuant to subdivision 32 one of section forty-four hundred four of this chapter may order a 33 change in placement of a student with a disability to an appropriate 34 interim alternative educational setting for not more than forty-five 35 school days under the circumstances specified in subsections (k)(3) and 36 (k)(4) of section fourteen hundred fifteen of title twenty of the United 37 States code and the federal regulations implementing such statutes, 38 provided that such procedure may be repeated, as necessary, provided 39 that the suspension of such student is not prohibited by section twen- 40 ty-eight hundred one of this chapter. 41 (viii) nothing in this section shall be construed to authorize the 42 suspension or removal of a student with a disability from his or her 43 current educational placement for violation of school rules following a 44 determination by a manifestation team that the behavior is a manifesta- 45 tion of the student's disability, except as authorized under federal law 46 and regulations. 47 (ix) the commissioner shall implement this paragraph by adopting regu- 48 lations which coordinate the procedures required for discipline of 49 students with disabilities, and students presumed to have a disability 50 for discipline purposes, pursuant to subsection (k) of section fourteen 51 hundred fifteen of title twenty of the United States code and the feder- 52 al regulations implementing such statute, with the general procedures 53 for student discipline under this section. 54 [3-a.] i. When a student is suspended from school consistent with 55 this section and section twenty-eight hundred one of this chapter, the 56 principal, or the principal's designee, in consultation with theS. 7198 13 1 student's teachers, shall within twenty-four hours create an education 2 plan for the student for each class in which the student is enrolled, 3 provided that if such twenty-four hour period does not end on a school 4 day, it shall be extended to the corresponding time on the next school 5 day. The education plan shall make provisions for a student's on-going 6 academic instruction during the suspension and shall include the steps 7 the school will take to provide the student with a successful re-entry 8 to school. The student shall have the opportunity to earn all academic 9 credit he or she would have been eligible to earn had he or she been in 10 class, including the opportunity to complete any missed assignments or 11 take any missed examination or assessments during the student's suspen- 12 sion. If an examination or assessment cannot be rescheduled, the student 13 shall be allowed on school property to take such assessment or examina- 14 tion on the day and time that the assessment or examination is given. 15 3. Teacher removal of a [disruptive pupil] student. In addition, any 16 teacher shall have the power and authority to remove a [disruptive pupil17as defined in subdivision two-a of this section,] student from such 18 teacher's classroom consistent with discipline measures contained in the 19 code of conduct adopted by the board pursuant to section twenty-eight 20 hundred one of this chapter. Such classroom removal shall not exceed 21 one-half school day on the same school day. The school authorities of 22 any school district, board of cooperative educational services, or char- 23 ter school shall establish policies and procedures to ensure the 24 provision of continued educational programming and activities for 25 students removed from the classroom pursuant to this subdivision [and26provided further that nothing]. When a student is removed from the 27 classroom, the student shall have the opportunity to earn all academic 28 credit including the opportunity to complete any missed assignments or 29 take any missed examinations or assessments during the student's 30 removal. If an examination or assessment cannot be rescheduled, the 31 student shall be allowed on school property to take such assessment or 32 examination on the day and time that the assessment or examination is 33 given. Nothing in this subdivision shall authorize the removal of a 34 [pupil] student in violation of any state or federal law or regulation. 35 No [pupil] student shall return to the classroom until the principal 36 makes a final determination pursuant to paragraph c of this subdivision, 37 or the period of removal expires, whichever is less. 38 a. Such teacher shall inform the [pupil] student and the school prin- 39 cipal of the reasons for the removal. If the teacher finds that the 40 [pupil's] student's continued presence in the classroom does not pose a 41 continuing danger to persons or property and does not present an ongoing 42 threat of disruption to the academic process, the teacher shall, prior 43 to removing the student from the classroom, provide the student with an 44 explanation of the basis for the removal and allow the [pupil] student 45 to informally present the [pupil's] student's version of relevant 46 events. In all other cases, the teacher shall provide the [pupil] 47 student with an explanation of the basis for the removal and an informal 48 opportunity to be heard within twenty-four hours of the [pupil's] 49 student's removal, provided that if such twenty-four hour period does 50 not end on a school day, it shall be extended to the corresponding time 51 on the next school day. 52 b. The principal shall inform the parent or person in parental 53 relation to such [pupil] student of the removal and the reasons therefor 54 within twenty-four hours of the [pupil's] student's removal, provided 55 that if such twenty-four hour period does not end on a school day, it 56 shall be extended to the corresponding time on the next school day. TheS. 7198 14 1 [pupil] student and the parent or person in parental relation shall, 2 upon request, be given an opportunity for an informal conference with 3 the principal to discuss the reasons for the removal. If the [pupil] 4 student denies the charges, the principal shall provide an explanation 5 of the basis for the removal and allow the [pupil] student and/or person 6 in parental relation to the [pupil] student an opportunity to present 7 the [pupil's] student's version of relevant events. Such informal [hear-8ing] conference shall be held within forty-eight hours of the [pupil's] 9 student's removal, provided that if such forty-eight hour period does 10 not end on a school day, it shall be extended to the corresponding time 11 on the second school day next following the [pupil's] student's removal. 12 For purposes of this subdivision, "school day" shall mean a school day 13 as defined pursuant to clause (v) of subparagraph three of paragraph g 14 of subdivision three of this section. 15 c. The principal shall not set aside the discipline imposed by the 16 teacher unless the principal finds that the charges against the [pupil] 17 student are not supported by substantial evidence or that the [pupil's] 18 student's removal is otherwise in violation of law or that the conduct 19 warrants suspension from school pursuant to this section and a suspen- 20 sion will be imposed. The principal's determination made pursuant to 21 this paragraph shall be made by the close of business on the day 22 succeeding the forty-eight hour period for an informal hearing contained 23 in paragraph b of this subdivision. 24 d. The principal may, in his or her discretion, designate a school 25 district administrator, to carry out the functions required of the prin- 26 cipal under this subdivision. 27 4. Expense. [a.] The expense attending the commitment and costs of 28 maintenance of any [school delinquent] student placed as a result of a 29 finding related to school or educational issues shall be a charge 30 against the city or district where he or she resides, if such city or 31 district employs a superintendent of schools; otherwise it shall be a 32 county charge. 33 [b. The school authorities may institute proceedings before a court34having jurisdiction to determine the liability of a person in parental35relation to contribute towards the maintenance of a school delinquent36under sixteen years of age ordered to attend upon instruction under37confinement. If the court shall find the person in parental relation38able to contribute towards the maintenance of such a minor, it may issue39an order fixing the amount to be paid weekly.] 40 5. Involuntary transfers of [pupils] students who have not been deter- 41 mined to be a student with a disability or a student presumed to have a 42 disability for discipline purposes. 43 a. The board of education[, board of] or trustees [or sole trustee,], 44 the chancellor of the city school district in the case of the city 45 school district of New York, other governing body, the superintendent of 46 schools, or district superintendent of schools may transfer a [pupil] 47 student who has not been determined to be a student with a disability as 48 defined in section forty-four hundred one of this chapter, or a student 49 presumed to have a disability for discipline purposes as defined in 50 paragraph [g] h of subdivision [three] two of this section from regular 51 classroom instruction to an appropriate educational setting in another 52 school upon the written recommendation of the school principal and 53 following independent review thereof. For purposes of this section of 54 the law, "involuntary transfer" does not include a transfer made by a 55 school district as part of a plan to reduce racial imbalance within theS. 7198 15 1 schools or as a change in school attendance zones or geographical bound- 2 aries. 3 b. A school principal may initiate a non-requested transfer where it 4 is believed that such a [pupil] student would benefit from the transfer, 5 or when the [pupil] student would receive an adequate and appropriate 6 education in another school program or facility. 7 No recommendation for [pupil] student transfer shall be initiated by 8 the principal until such [pupil] student and a parent or person in 9 parental relation has been sent written notification of the consider- 10 ation of transfer recommendation. Such notice shall set a time and place 11 of an informal conference with the principal and shall inform such 12 parent or person in parental relation and such [pupil] student of their 13 right to be accompanied by counsel or an individual of their choice. 14 c. After the conference and if the principal concludes that the 15 [pupil] student would benefit from a transfer or that the [pupil] 16 student would receive an adequate and appropriate education in another 17 school program or facility, the principal may issue a recommendation of 18 transfer to the superintendent. Such recommendation shall include a 19 description of behavior and/or academic problems indicative of the need 20 for transfer; a description of alternatives explored and prior action 21 taken to resolve the problem. A copy of that letter shall be sent to the 22 parent or person in parental relation and to the [pupil] student. 23 d. Upon receipt of the principal's recommendation for transfer and a 24 determination to consider that recommendation, the superintendent shall 25 notify the parent or person in parental relation and the [pupil] student 26 of the proposed transfer and of their right to a fair hearing as 27 provided in paragraph c of subdivision three of this section and shall 28 list community agencies and free legal assistance which may be of 29 assistance. The written notice shall include a statement that the 30 [pupil] student or parent or person in parental relation has ten days to 31 request a hearing and that the proposed transfer shall not take effect, 32 except upon written parental consent, until the ten day period has 33 elapsed, or, if a fair hearing is requested, until after a formal deci- 34 sion following the hearing is rendered, whichever is later. 35 Parental consent to a transfer shall not constitute a waiver of the 36 right to a fair hearing. 37 6. Transfer of a [pupil] student. Where a suspended [pupil] student 38 is to be transferred pursuant to subdivision five of this section, he or 39 she shall remain on the register of the original school for two school 40 days following transmittal of his or her records to the school to which 41 he or she is to be transferred. The receiving school shall immediately 42 upon receiving those records transmitted by the original school, review 43 them to insure proper placement of the [pupil] student. Staff members 44 who are involved in the [pupil's] student's education must be provided 45 with pertinent records and information relating to the background and 46 problems of the [pupil] student before the [pupil] student is placed in 47 a classroom. 48 7. Transfer of disciplinary records. Notwithstanding any other 49 provision of law to the contrary, each local educational agency, as such 50 term is defined in subsection thirty of section eighty-one hundred one 51 of the Elementary and Secondary Education Act of 1965, as amended, shall 52 establish procedures in accordance with section eighty-five hundred 53 thirty-seven of the Elementary and Secondary Education Act of 1965, as 54 amended, and the Family Educational Rights and Privacy Act of 1974, to 55 facilitate the transfer of disciplinary records relating to the suspen- 56 sion or expulsion of a student to any public or nonpublic elementary orS. 7198 16 1 secondary school in which such student enrolls or seeks, intends or is 2 instructed to enroll, on a full-time or part-time basis. 3 § 5. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of 4 the education law, as amended by chapter 380 of the laws of 2001, is 5 amended to read as follows: 6 [(1)] d. The board of education or trustees, the chancellor of the 7 city school district in the case of the city school district of the city 8 of New York, other governing body, superintendent of schools, or 9 district superintendent of schools, shall have the power to suspend a 10 student for a period not to exceed twenty school days, provided that the 11 suspension of such student is not prohibited by paragraph c of subdivi- 12 sion two of section twenty-eight hundred one of this chapter. No [pupil] 13 student may be suspended for a period in excess of five school days 14 unless such [pupil] student and the parent or person in parental 15 relation to such [pupil] student shall have had an opportunity for a 16 fair hearing, upon reasonable written notice[, at which] shall include a 17 brief description of the facts upon which the alleged violations of the 18 code of conduct are based, the section of the code of conduct that the 19 student is alleged to have violated, and the date, time and place of the 20 hearing. Prior to the hearing, copies of all evidence regarding the 21 alleged incident shall be provided to the student and parent or person 22 in parental relation to the student. The hearing shall be convened with- 23 in five days of the written notice, unless the parent or person in 24 parental relation to the student or student requests a later date. At 25 the hearing, such [pupil] student shall have the right of representation 26 by [counsel] an attorney or advocate, with the right to request the 27 presence of and to question witnesses against such [pupil] student and 28 to request the presence of and present witnesses and other evidence on 29 his or her behalf. Where a [pupil] student has been suspended in accord- 30 ance with this subdivision [by a], the board of education or trustees, 31 the chancellor of the city school district in the case of the city 32 school district of the city of New York, other governing body, super- 33 intendent of schools, district superintendent of schools, or community 34 superintendent[, the superintendent] shall personally hear and determine 35 the proceeding or may, in his or her discretion, designate a hearing 36 officer to conduct the hearing. The entity or individual that conducts 37 the hearing [officer] shall be authorized to administer oaths and to 38 issue subpoenas in conjunction with the proceeding [before him]. A 39 record of the hearing shall be maintained, but no stenographic tran- 40 script shall be required and [a tape] an audio recording shall be deemed 41 a satisfactory record. The entity or individual that conducts the hear- 42 ing [officer] shall make written findings of fact based on a preponder- 43 ance of the evidence and shall make recommendations as to the appropri- 44 ate measure of discipline [to the superintendent] if any. The report of 45 the hearing officer shall be advisory only, and the board of education 46 or trustees, the chancellor of the city school district in the case of 47 the city school district of the city of New York, other governing body, 48 superintendent of schools or district superintendent of schools may 49 accept all or any part thereof. [An appeal will lie from the decision of50the superintendent to the board of education who shall make its decision51solely upon the record before it. The board may adopt in whole or in52part the decision of the superintendent of schools] The board of educa- 53 tion or trustees, the chancellor of the city school district in the case 54 of the city school district of the city of New York, other governing 55 body, superintendent of schools, or district superintendent of schools 56 shall issue a written decision to the school and parent or person inS. 7198 17 1 parental relation to the student within three days of the hearing. The 2 written decision shall state the length of suspension, if any, findings 3 of fact, reasons for determination, length of suspension, if any, proce- 4 dures for appeal, and the date by which the appeal shall be filed. 5 Where the basis for the suspension is, in whole or in part, the 6 possession on school grounds or school property by the student of any 7 firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor, stiletto 8 or any of the weapons, instruments or appliances specified in subdivi- 9 sion one of section 265.01 of the penal law, the hearing officer or 10 superintendent shall not be barred from considering the admissibility of 11 such weapon, instrument or appliance as evidence, notwithstanding a 12 determination by a court in a criminal or juvenile delinquency proceed- 13 ing that the recovery of such weapon, instrument or appliance was the 14 result of an unlawful search or seizure. 15 § 6. Paragraphs d and f of subdivision 3 of section 3214 of the educa- 16 tion law, as amended by chapter 181 of the laws of 2000, are amended to 17 read as follows: 18 [d.] e. Consistent with the federal gun-free schools act of nineteen 19 hundred ninety-four, any public school [pupil] student who is determined 20 under this subdivision to have brought a weapon to school shall be 21 suspended for a period of not less than one calendar year and any 22 nonpublic school [pupil] student participating in a program operated by 23 a public school district using funds from the elementary and secondary 24 education act of nineteen hundred sixty-five who is determined under 25 this subdivision to have brought a weapon to a public school or other 26 premises used by the school district to provide such programs shall be 27 suspended for a period of not less than one calendar year from partic- 28 ipation in such program. The procedures of this subdivision shall apply 29 to such a suspension of a nonpublic school [pupil] student. A super- 30 intendent of schools, district superintendent of schools or community 31 superintendent shall have the authority to modify this suspension 32 requirement for each student on a case-by-case basis. The determination 33 of a superintendent shall be subject to review by the board of education 34 or trustees, other governing body, or the chancellor of the city school 35 district in the case of the city school district of the city of New 36 York, pursuant to paragraph c of this subdivision and the commissioner 37 pursuant to section three hundred ten of this chapter. Nothing in this 38 subdivision shall be deemed to authorize the suspension of a student 39 with a disability in violation of the individuals with disabilities 40 education act or article eighty-nine of this chapter. A superintendent 41 shall refer the [pupil] student under the age of sixteen who has been 42 determined to have brought a weapon to school in violation of this 43 subdivision to a presentment agency for a juvenile delinquency proceed- 44 ing consistent with article three of the family court act except a 45 student fourteen or fifteen years of age who qualifies for juvenile 46 offender status under subdivision forty-two of section 1.20 of the crim- 47 inal procedure law. A superintendent shall refer any [pupil] student 48 sixteen years of age or older or a student fourteen or fifteen years of 49 age who qualifies for juvenile offender status under subdivision forty- 50 two of section 1.20 of the criminal procedure law, who has been deter- 51 mined to have brought a weapon to school in violation of this subdivi- 52 sion to the appropriate law enforcement officials. 53 [f.] g. Whenever the term "board of education or superintendent of 54 schools" is used in this subdivision, it shall be deemed to include 55 board of trustees, other governing body, the chancellor of the city 56 school district in the case of the city school district for the city ofS. 7198 18 1 New York, community boards of education and community superintendents 2 governing community districts in accordance with the provisions of arti- 3 cle fifty-two-A of this chapter. For the purpose of this subdivision, 4 the term "weapon" means a firearm as such term is defined in section 5 nine hundred twenty-one of title eighteen of the United States code. 6 § 7. Paragraph g of subdivision 3 of section 3214 of the education 7 law, as amended by chapter 181 of the laws of 2000, clause (ii) of 8 subparagraph 3 as amended by chapter 380 of the laws of 2001, is amended 9 to read as follows: 10 [g.] h. Discipline of students with disabilities and students presumed 11 to have a disability for discipline purposes. (1) Notwithstanding any 12 other provision of this subdivision to the contrary, a student with a 13 disability as such term is defined in section forty-four hundred one of 14 this chapter and a student presumed to have a disability for discipline 15 purposes, may be suspended or removed from his or her current educa- 16 tional placement, provided that the suspension of such student is not 17 prohibited by section twenty-eight hundred one of this chapter, for 18 violation of school rules only in accordance with the procedures estab- 19 lished in this section, the regulations of the commissioner implementing 20 this paragraph, and subsection (k) of section fourteen hundred fifteen 21 of title twenty of the United States code and the federal regulations 22 implementing such statute, as such federal law and regulations are from 23 time to time amended. Nothing in this paragraph shall be construed to 24 confer greater rights on such students than are conferred under applica- 25 ble federal law and regulations, or to limit the ability of a school 26 district to change the educational placement of a student with a disa- 27 bility in accordance with the procedures in article eighty-nine of this 28 chapter. 29 (2) As used in this paragraph, a "student presumed to have a disabili- 30 ty for discipline purposes" shall mean a student who the school district 31 is deemed to have knowledge was a student with a disability before the 32 behavior that precipitated disciplinary action under the criteria in 33 subsection (k)(8) of section fourteen hundred fifteen of title twenty of 34 the United States code and the federal regulations implementing such 35 statute. 36 (3) In applying the federal law consistent with this section: 37 (i) in the event of a conflict between the procedures established in 38 this section and those established in subsection (k) of section fourteen 39 hundred fifteen of title twenty of the United States code and the feder- 40 al regulations implementing such statute, such federal statute and regu- 41 lations shall govern. 42 (ii) the board of trustees or board of education of any school 43 district, other governing body, the chancellor of the city school 44 district in the case of the city school district of the city of New 45 York, a district superintendent of schools or a building principal shall 46 have authority, provided that the suspension of such student is not 47 prohibited by section twenty-eight hundred one of this chapter, to order 48 the placement of a student with a disability into an appropriate interim 49 alternative educational setting, another setting or suspension for a 50 period not to exceed five consecutive school days where such student is 51 suspended pursuant to this subdivision and, except as otherwise provided 52 in clause (vi) of this subparagraph, the suspension does not result in a 53 change in placement under federal law. 54 (iii) the superintendent of schools of a school district, either 55 directly or upon recommendation of a hearing officer designated pursuant 56 to paragraph c of this subdivision, may order the placement of a studentS. 7198 19 1 with a disability into an interim alternative educational setting, 2 another setting or suspension for up to ten consecutive school days, 3 inclusive of any period in which the student is placed in an appropriate 4 interim alternative educational placement, another setting or suspension 5 pursuant to clause (ii) of this subparagraph for the behavior, where the 6 superintendent determines in accordance with the procedures set forth in 7 this subdivision that the student has engaged in behavior that warrants 8 a suspension, and, except as otherwise provided in clause (vi) of this 9 subparagraph, the suspension does not result in a change in placement 10 under federal law, provided that the suspension of such student is not 11 prohibited by section twenty-eight hundred one of this chapter. 12 (iv) the superintendent of schools of a school district, either 13 directly or upon recommendation of a hearing officer designated pursuant 14 to paragraph c of this subdivision, may order the change in placement of 15 a student with a disability to an interim alternative educational 16 setting for up to forty-five days, but not to exceed the period of 17 suspension ordered by a superintendent in accordance with this subdivi- 18 sion, under the circumstances specified in subsection (k)(1) of section 19 fourteen hundred fifteen of title twenty of the United States code and 20 the federal regulations implementing such statute, provided that the 21 suspension of such student is not prohibited by section twenty-eight 22 hundred one of this chapter. 23 (v) the terms "day," "business day," and "school day" shall be as 24 defined in section 300.9 of title thirty-four of the code of federal 25 regulations. 26 (vi) notwithstanding any other provision of this subdivision to the 27 contrary, upon a determination by the committee on special education 28 that the behavior of a student with a disability was not a manifestation 29 of the student's disability, such student may be disciplined pursuant to 30 this section in the same manner as a nondisabled student, except that 31 such student shall continue to receive services to the extent required 32 under federal law and regulations, provided that the suspension of such 33 student is not prohibited by section twenty-eight hundred one of this 34 chapter. 35 (vii) an impartial hearing officer appointed pursuant to subdivision 36 one of section forty-four hundred four of this chapter may order a 37 change in placement of a student with a disability to an appropriate 38 interim alternative educational setting for not more than forty-five 39 days under the circumstances specified in subsections (k)(2) and (k)(7) 40 of section fourteen hundred fifteen of title twenty of the United States 41 code and the federal regulations implementing such statutes, provided 42 that such procedure may be repeated, as necessary, provided that the 43 suspension of such student is not prohibited by section twenty-eight 44 hundred one of this chapter. 45 (viii) nothing in this section shall be construed to authorize the 46 suspension or removal of a student with a disability from his or her 47 current educational placement for violation of school rules following a 48 determination by the committee on special education that the behavior is 49 a manifestation of the student's disability, except as authorized under 50 federal law and regulations. 51 (ix) the commissioner shall implement this paragraph by adopting regu- 52 lations which coordinate the procedures required for discipline of 53 students with disabilities, and students presumed to have a disability 54 for discipline purposes, pursuant to subsection (k) of section fourteen 55 hundred fifteen of title twenty of the United States code and the feder-S. 7198 20 1 al regulations implementing such statute, with the general procedures 2 for student discipline under this section. 3 § 8. Paragraphs a, b and c of subdivision 3-a of section 3214 of the 4 education law, as added by chapter 181 of the laws of 2000, are amended 5 to read as follows: 6 a. Such teacher shall inform the [pupil] student and the school prin- 7 cipal of the reasons for the removal. If the teacher finds that the 8 [pupil's] student's continued presence in the classroom does not pose a 9 continuing danger to persons or property and does not present an ongoing 10 threat of disruption to the academic process, the teacher shall, prior 11 to removing the student from the classroom, provide the student with an 12 explanation of the basis for the removal and allow the [pupil] student 13 to informally present the [pupil's] student's version of relevant 14 events. In all other cases, the teacher shall provide the [pupil] 15 student with an explanation of the basis for the removal and an informal 16 opportunity to be heard within twenty-four hours of the [pupil's] 17 student's removal. 18 b. The principal shall inform the parent or person in parental 19 relation to such [pupil] student of the removal and the reasons therefor 20 within twenty-four hours of the [pupil's] student's removal. The [pupil] 21 student and the parent or person in parental relation shall, upon 22 request, be given an opportunity for an informal conference with the 23 principal to discuss the reasons for the removal. If the [pupil] student 24 denies the charges, the principal shall provide an explanation of the 25 basis for the removal and allow the [pupil] student and/or parent or 26 person in parental relation to the [pupil] student an opportunity to 27 present the [pupil's] student's version of relevant events. Such 28 informal [hearing] conference shall be held within forty-eight hours of 29 the [pupil's] student's removal. 30 c. The principal shall not set aside the discipline imposed by the 31 teacher unless the principal finds that the charges against the [pupil] 32 student are not supported by substantial evidence or that the [pupil's] 33 student's removal is otherwise in violation of law or that the conduct 34 warrants suspension from school pursuant to this section and a suspen- 35 sion will be imposed. The principal's determination made pursuant to 36 this paragraph shall be made by the close of business on the day 37 succeeding the forty-eight hour period for an informal hearing contained 38 in paragraph b of this subdivision. 39 § 9. This act shall take effect September 1, 2022; provided, however 40 that: 41 a. the amendments to subdivision 3 of section 2801 of the education 42 law made by section two of this act shall be subject to the expiration 43 and reversion of such subdivision pursuant to section 34 of chapter 91 44 of the laws of 2002, as amended, when upon such date the provisions of 45 section three of this act shall take effect; 46 b. the amendments to subparagraph 1 of paragraph c of subdivision 3 of 47 section 3214 of the education law made by section four of this act shall 48 be subject to the expiration and reversion of such subparagraph pursuant 49 to subdivision (a) of section 8 of chapter 430 of the laws of 2006, as 50 amended, when upon such date the provisions of section five of this act 51 shall take effect; 52 c. the amendments to paragraphs d and f of subdivision 3 of section 53 3214 of the education law made by section four of this act shall be 54 subject to the expiration and reversion of such paragraphs pursuant to 55 section 4 of chapter 425 of the laws of 2002, as amended, when upon such 56 date the provisions of section six of this act shall take effect;S. 7198 21 1 d. the amendments to paragraph g of subdivision 3 of section 3214 of 2 the education law made by section four of this act shall be subject to 3 the expiration and reversion of such paragraph pursuant to section 22 of 4 chapter 352 of the laws of 2005, as amended, when upon such date the 5 provisions of section seven of this act shall take effect; 6 d-1. the amendments to clause (v) of subparagraph 3 of paragraph g of 7 subdivision 3 of section 3214 of the education law made by section four 8 of this act shall be subject to the expiration and reversion of such 9 clause pursuant to subdivision d of section 27 of chapter 378 of the 10 laws of 2007, as amended, when upon such date the provisions of section 11 seven of this act shall take effect; 12 e. the amendments to paragraphs a, b and c of subdivision 3-a of 13 section 3214 of the education law made by section four of this act shall 14 be subject to the expiration and reversion of such paragraphs pursuant 15 to section 12 of chapter 147 of the laws of 2001, as amended, when upon 16 such date the provisions of section eight of this act shall take effect; 17 and 18 f. the amendments to subdivision 7 of section 3214 of the education 19 law, made by section four of this act, shall not affect the repeal of 20 such subdivision and shall be deemed repealed therewith.