STATE OF NEW YORK
________________________________________________________________________
118
2025-2026 Regular Sessions
IN ASSEMBLY
(Prefiled)
January 8, 2025
___________
Introduced by M. of A. SOLAGES, HYNDMAN, SAYEGH, WALKER, BICHOTTE HERME-
LYN, EPSTEIN, REYES, TAYLOR, PHEFFER AMATO, GLICK, CRUZ, SIMON, BRON-
SON, COOK, WILLIAMS, STIRPE, ROSENTHAL, SANTABARBARA, RAMOS, OTIS,
WEPRIN, GONZALEZ-ROJAS, DAVILA, MEEKS, FORREST, HEVESI, KELLES,
GALLAGHER, MAMDANI, MITAYNES, LUNSFORD, LAVINE, SEPTIMO, ANDERSON,
DE LOS SANTOS, R. CARROLL, STECK, SEAWRIGHT, DINOWITZ, JACKSON,
PAULIN, KIM, COLTON, CLARK, GIBBS, TAPIA, ZINERMAN, HUNTER, RAJKUMAR,
RAGA, SIMONE, BURDICK, ZACCARO, CUNNINGHAM, CHANDLER-WATERMAN, LUCAS,
SHIMSKY, BORES, LEE, LEVENBERG -- 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; to amend chapter 123 of the laws
of 2003 amending the education law relating to establishing the commu-
nity district education council within the New York city community
school district system, in relation to the effectiveness thereof; to
amend chapter 430 of the laws of 2006, amending the education law
relating to implementation of the federal individuals with disabili-
ties education improvement act of 2004, in relation to the effective-
ness thereof; to amend chapter 352 of the laws of 2005, amending the
education law relating to implementation of the federal individuals
with disabilities education improvement act of 2004, in relation to
the effectiveness thereof; and to amend chapter 378 of the laws of
2007, amending the education law relating to implementation of the
federal individuals with disabilities education improvement act of
2004, in relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "Judith
2 Kaye School Solutions not Suspensions Act".
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00276-01-5
A. 118 2
1 § 2. Section 2801 of the education law, as added by chapter 181 of the
2 laws of 2000, subdivision 1 as amended by chapter 402 of the laws of
3 2005, the opening paragraph, paragraph a and paragraph c of subdivision
4 2 and paragraph a of subdivision 5 as amended by chapter 380 of the laws
5 of 2001, paragraphs l and m as amended and paragraph n of subdivision 2
6 as added by chapter 482 of the laws of 2010, and subdivision 3 as
7 amended by chapter 123 of the laws of 2003, is amended to read as
8 follows:
9 § 2801. Codes of conduct on school property. 1. Notwithstanding any
10 provision of law, rule or regulation to the contrary, this section shall
11 apply to all public schools in the state. For purposes of this
12 section[,]:
13 a. public school shall include public charter schools pursuant to the
14 provisions of paragraph (c) of subdivision one of section twenty-eight
15 hundred fifty-three of this title; and
16 b. school property means in or within any building, structure, athlet-
17 ic playing field, playground, parking lot or land contained within the
18 real property boundary line of [a] all public elementary or secondary
19 [school] schools; or in or on a school bus, as defined in section one
20 hundred forty-two of the vehicle and traffic law; [and a] or a school's
21 electronic files and databases. A school function shall mean a school-
22 sponsored or school-authorized extra-curricular event or activity
23 regardless of where such event or activity takes place, including any
24 event or activity that may take place in another state.
25 2. The board of education or the trustees[, as defined in section two
26 of this chapter,] of every public school or school district [within the
27 state, however created, and every] or the chancellor of the city school
28 district in the case of the city school district of the city of New
29 York, and every board of cooperative educational services [and county
30 vocational extension board], shall adopt and amend, as appropriate, a
31 code of conduct for the maintenance of order on school property, includ-
32 ing a school function, which shall promote and sustain a safe, respect-
33 ful, and supportive school environment and govern the conduct of
34 students, teachers and other school personnel as well as visitors and
35 shall provide for the enforcement thereof. Such policy may be adopted by
36 the [school] board of education or trustees, or the chancellor of the
37 city school district in the case of the city school district of the city
38 of New York only after at least one public hearing that provides for the
39 participation of school personnel, parents, students and any other
40 interested parties before its adoption. The school district or public
41 school, or board of cooperative educational services shall notify the
42 school community and general public about the hearing at least fifteen
43 days prior to the date of the hearing. Such notice shall include the
44 date, time, and place of the hearing, the agenda, a copy of the proposed
45 code of conduct, and information about a public comment period as deter-
46 mined by the school district or public school, or board of cooperative
47 educational services. The school district or public school, or board of
48 cooperative educational services shall take necessary steps to notify
49 families who do not speak English and whose children attend a school in
50 the district or public school, or a board of cooperative educational
51 services. Such code of conduct shall define violations of the code of
52 conduct and set clear expectations for student conduct on school proper-
53 ty, including at school functions, and shall include, at a minimum:
54 a. [provisions] Acceptable and unacceptable behavior. Provisions
55 detailing acceptable and unacceptable behavior in schools shall include
56 behavior:
A. 118 3
1 (i) regarding conduct, dress and language deemed appropriate and
2 acceptable on school property, including a school function, and conduct,
3 dress and language deemed unacceptable and inappropriate on school prop-
4 erty, including a school function[,]; and
5 [provisions] (ii) regarding acceptable civil and respectful treatment
6 of teachers, school administrators, other school personnel, students and
7 visitors on school property[, including a] and at school [function,
8 including the appropriate range of disciplinary measures which may be
9 imposed for violation of such code, and the roles of teachers, adminis-
10 trators, other school personnel, the board of education and parents;]
11 functions.
12 b. Disciplinary measures and strategies. Provisions detailing disci-
13 plinary measures shall:
14 (i) be age-appropriate, graduated, and proportionate to respond to any
15 violation of the code of conduct before imposing a removal or suspen-
16 sion, the building administrator shall consult with a school psychol-
17 ogist or other mental health professional, to determine age-appropriate
18 supports and interventions for the student for removal, detention, or
19 suspension;
20 (ii) consider the student's whole circumstances from a holistic lens
21 including life inside and outside of school that may impact behavior
22 including but not limited to food insecurity, homelessness, bullying,
23 lack of school supplies, abuse, hygiene access, and other issues that
24 may occur in or out of school;
25 (iii) utilize multi-tiered systems of support and positive behavioral
26 interventions, including:
27 (1) use of the least severe action necessary to respond to any
28 violation of the code of conduct before imposing a removal or suspen-
29 sion; and
30 (2) restorative practices, social and emotional learning, therapeutic
31 crisis interventions, counseling, de-escalation, collaborative problem-
32 solving, conflict mediation or resolution strategies, engagement with
33 families, class meetings, facilitated circles, conferences, peer medi-
34 ation, and other interventions;
35 (iv) ensure any disciplinary strategies used shall provide students
36 with the opportunity to hold themselves accountable for their behavior
37 and repair any harm, which may include strategies to build community,
38 strengthen relationships, engage in restorative practices; and allowing
39 students the opportunity to remedy harm through community service with
40 consent of their parents or persons in parental relations.
41 c. Suspension provisions. Provisions detailing school suspensions
42 shall:
43 (i) prohibit the suspension of students in pre-kindergarten through
44 grade three, except if a suspension is necessary to comply with applica-
45 ble federal laws, including the Gun Free school act 20 U.S.C. 7961 et
46 al. In the event a student in grades pre-K through three engages in
47 behavior that would otherwise give rise to consideration of a suspension
48 were they in grades four and above, schools shall make use of positive
49 behavioral supports, and all other necessary services and interventions,
50 including but not limited to functional behavior assessments and behav-
51 ior intervention plans, that may be implemented to prevent the recur-
52 rence of the student's behaviors;
53 (ii) prohibit suspensions for acts of disobedience;
54 (iii) prohibit suspensions to respond to tardiness, unexcused absence
55 from class or school, leaving school without permission, and violation
56 of school dress code;
A. 118 4
1 (iv) require schools to make a good faith effort to meet with the
2 parents to develop and implement interventions and a re-entry plan for
3 all school suspensions, this includes making several attempts to contact
4 the parent, provide remote options to parents, and consider the parent's
5 schedule;
6 (v) provide for the removal from the classroom and from school proper-
7 ty, including a school function, of students and other persons who
8 violate the code of conduct;
9 (vi) provide for detention, suspension and removal from the classroom
10 of students, consistent with section thirty-two hundred fourteen of this
11 chapter and other applicable federal, state and local laws;
12 (vii) establish disciplinary measures to be taken in incidents involv-
13 ing the possession or use of illegal substances or weapons, the use of
14 physical force, vandalism, violation of another student's civil rights
15 and threats of violence;
16 (viii) include exceptions to all prohibitions or limitations of
17 suspension described in this section which shall only include conduct as
18 follows:
19 (1) sale or distribution of tobacco, alcohol, drugs or other illegal
20 substances;
21 (2) conduct that was intended and resulted in serious bodily injury
22 upon another person while at school, on school premises, or at a school
23 function;
24 (3) physical sexual assault and/or forcing another to engage in a
25 sexual activity while at school, on school premises, or at a school
26 function; or
27 (4) is necessary to comply with applicable federal laws.
28 d. Code of conduct and disciplinary procedures. School authorities
29 shall establish:
30 (i) standards and procedures to assure security and safety of students
31 and school personnel;
32 [c. provisions for the removal from the classroom and from school
33 property, including a school function, of students and other persons who
34 violate the code;
35 d. disciplinary measures to be taken in incidents involving the
36 possession or use of illegal substances or weapons, the use of physical
37 force, vandalism, violation of another student's civil rights and
38 threats of violence;
39 e. provisions for detention, suspension and removal from the classroom
40 of students, consistent with section thirty-two hundred fourteen of this
41 chapter and other applicable federal, state and local laws including
42 provisions for the school authorities to establish] (ii) policies and
43 procedures to ensure the provision of continued educational programming
44 and activities for students removed from the classroom, placed in
45 detention, or suspended from school, which shall include:
46 (1) an education plan that the principal, or the principal's designee,
47 in consultation with the student's teachers, shall create for the
48 student for each class in which the student is enrolled. The education
49 plan shall make provisions for a student's on-going academic instruction
50 during the removal or suspension and shall include the steps the school
51 will take to provide the student with a successful re-entry to school.
52 The student shall have the opportunity to earn all academic credit they
53 would have been eligible to earn had the student been in class, includ-
54 ing the opportunity to complete any missed assignments or take any
55 missed examinations or assessments during the student's removal or
56 suspension;
A. 118 5
1 (2) procedures for when an examination or assessment cannot be
2 rescheduled, the student shall be allowed on school property to take
3 such assessment or examination on the day and time that the assessment
4 or examination is given, unless the student presents a risk to the
5 health and safety of the school community, then alternative spaces may
6 be used as described in section thirty-two hundred fourteen of this
7 chapter;
8 (3) policies on the timeframe an educational plan shall be completed
9 and implemented, this shall be within a reasonable and expeditious time-
10 frame to mitigate learning loss in accordance with the length of the
11 suspension, provided that the education plan is delivered to the student
12 no later than forty-eight hours after the start of suspension; and
13 (4) in the event a suspension is imposed for twenty-one days or more,
14 starting from the first day of exclusion, the education plan shall,
15 include meetings every ten school days comprising of the student, parent
16 or person in parental relation, guidance, school support staff and
17 teachers to review the student's academic progress, services and barri-
18 ers, if any, to a return to the school community. Consideration shall be
19 given to a termination of suspension status and immediate return to the
20 school community. In no event shall a suspension be longer than forty
21 days unless to comply with applicable federal law.
22 [f.] (iii) procedures by which violations of the code of conduct are
23 reported to the appropriate school personnel, the facts are investigated
24 and determined, and discipline measures [imposed and discipline measures
25 carried out] are determined and implemented;
26 [g.] (iv) provisions ensuring such code and the enforcement thereof
27 are in compliance with state and federal laws relating to students with
28 disabilities;
29 [h.] (v) provisions setting forth the procedures by which local law
30 enforcement agencies shall be notified of code violations which consti-
31 tute a crime;
32 [i.] (vi) provisions setting forth the circumstances under and proce-
33 dures by which parents or persons in parental relation to the student
34 accused of violating the code of conduct shall be notified of such code
35 of conduct violations including notice that any statement by the
36 student, written or oral, may be used against the student in a criminal,
37 immigration, or juvenile delinquency investigation and/or proceeding
38 and/or in a court of law. This notice shall be given prior to a student
39 providing a written or oral statement, and the parent or person in
40 parental relation to the student shall have an opportunity to discuss
41 such potential consequences with the student prior to any statements
42 being recorded;
43 [j.] (vii) provisions setting forth the circumstances under and proce-
44 dures by which a [complaint in criminal court, a juvenile delinquency
45 petition] student may be referred to law enforcement, consistent with
46 the provisions of section twenty-eight hundred one-a of this article, or
47 referred for a person in need of supervision petition as defined in
48 articles three and seven of the family court act will be filed;
49 [k.] (viii) circumstances under and procedures by which [referral to]
50 a student may be referred to academic services, school-based support
51 services, or appropriate human service agencies [shall be made];
52 [l. a minimum suspension period, for students who repeatedly are
53 substantially disruptive of the educational process or substantially
54 interfere with the teacher's authority over the classroom, provided that
55 the suspending authority may reduce such period on a case by case basis
56 to be consistent with any other state and federal law. For purposes of
A. 118 6
1 this section, the definition of "repeatedly are substantially disrup-
2 tive" shall be determined in accordance with the regulations of the
3 commissioner;
4 m. a minimum suspension period for acts that would qualify the pupil
5 to be defined as a violent pupil pursuant to paragraph a of subdivision
6 two-a of section thirty-two hundred fourteen of this chapter, provided
7 that the suspending authority may reduce such period on a case by case
8 basis to be consistent with any other state and federal law;] and
9 [n.] (ix) provisions to comply with article two of this chapter.
10 3. The [district] code of conduct shall be developed in collaboration
11 with [student, teacher, administrator, and parent organizations] repre-
12 sentatives from interested stakeholders including, but not limited to,
13 students, teachers, administrators, parents, school safety personnel,
14 collective bargaining units representing teachers, school-related
15 professionals, and the principals, and other school personnel and shall
16 be approved by the board of education or trustees, [or other governing
17 body,] the charter school's authorizers or by the chancellor of the city
18 school district in the case of the city school district of the city of
19 New York. In the city school district of the city of New York, each
20 community district education council shall be authorized to adopt and
21 implement additional policies, which are consistent with the city
22 district's district-wide code of conduct, to reflect the individual
23 needs of each community school district provided that such additional
24 policies shall require the approval of the chancellor.
25 3-a. The board of education or trustees, the chancellor of the city
26 school district in the case of the city school district of the city of
27 New York shall provide professional development in accordance with this
28 section for school personnel, law enforcement and public or private
29 security personnel employed, retained or contracted with a school
30 district or public school regarding the code of conduct, the use of
31 multi-tiered systems of support, positive behavioral interventions
32 including restorative practices, and age-appropriate graduated and
33 proportionate discipline, which may include implicit bias training,
34 according to collective bargaining agreements.
35 4. [The] At the beginning of each school year, the board of education
36 or trustees, the chancellor [or other governing body] of the city school
37 district in the case of the city school district of the city of New
38 York, shall: translate the code of conduct into at least the three most
39 commonly spoken languages of the children attending the school district,
40 board of cooperative educational services, or public school, post the
41 code of conduct on the school district's, public school's or board of
42 cooperative educational services website, provide copies of a summary of
43 the code of conduct to all students at a general assembly [held at the
44 beginning of the school year and shall make copies of the code available
45 to persons in parental relation to students at the beginning of each
46 school year, and shall] or classroom lesson, mail a plain language
47 summary of such code to all parents or persons in parental relation to
48 students before the beginning of each school year, and make [it] such
49 copies available thereafter upon request and on the school and/or school
50 district's websites. The board of education or trustees, the chancellor
51 of the city school district in the case of the city school district of
52 the city of New York, or other governing body shall take reasonable
53 steps to ensure community awareness of the code of conduct's provisions.
54 5. a. The board of education or trustees, or the chancellor [or other
55 governing body] of the city school district in the case of the city
56 school district of the city of New York shall annually review and update
A. 118 7
1 the district's codes of conduct if necessary, taking into consideration
2 the effectiveness of code of conduct provisions and the fairness and
3 consistency of its administration. Each school district is authorized to
4 establish a committee and to facilitate the review of the code of
5 conduct and the district's response to code of conduct violations. Any
6 such committee shall be comprised of similar individuals described in
7 subdivision three of this section. The [school] board of education or
8 trustees, the chancellor of the city school district in the case of the
9 city of New York, or other governing body shall reapprove any such
10 updated code only after at least one public hearing (that commenced upon
11 thirty days' notice) that provides for the participation of school
12 personnel, parents, students and any other interested parties.
13 b. Each district or public school, or board of cooperative educational
14 services shall file a copy of its codes of conduct with the commissioner
15 and [all] any amendments to such code shall be filed with the commis-
16 sioner no later than thirty days after their adoption.
17 § 3. Section 17 of chapter 123 of the laws of 2003 amending the educa-
18 tion law relating to establishing the community district education coun-
19 cil within the New York city community school district system, is
20 amended to read as follows:
21 § 17. This act shall take effect immediately; provided, however, that
22 [the provisions] sections one through twelve, fourteen and fifteen of
23 this act shall be deemed repealed on the same date as sections 1 through
24 20, 24 and 26 through 30 of chapter 91 of the laws of 2002.
25 § 4. Section 3214 of the education law, as amended by chapter 181 of
26 the laws of 2000, subparagraph 1 of paragraph c of subdivision 3 as
27 amended by chapter 430 of the laws of 2006, paragraphs d and f of subdi-
28 vision 3 as amended by chapter 425 of the laws of 2002, paragraph e of
29 subdivision 3 as amended by chapter 170 of the laws of 2006, paragraph g
30 of subdivision 3 as amended by chapter 352 of the laws of 2005, clause
31 (v) of subparagraph 3 of paragraph g of subdivision 3 as amended by
32 chapter 378 of the laws of 2007, paragraphs a, b and c of subdivision
33 3-a as amended by chapter 147 of the laws of 2001 and subdivision 7 as
34 amended by section 9 of part YYY of chapter 59 of the laws of 2017, is
35 amended to read as follows:
36 § 3214. Student placement, suspensions and transfers. 1. [School
37 delinquent. A minor under seventeen years of age, required by any of the
38 provisions of part one of this article to attend upon instruction, who
39 is an habitual truant from such instruction or is irregular in such
40 attendance or insubordinate or disorderly or disruptive or violent
41 during such attendance, is a school delinquent.
42 2. Special day schools. The school authorities of any city or school
43 district may establish schools or set apart rooms in public school
44 buildings for the instruction of school delinquents, and fix the number
45 of days per week and the hours per day of required attendance, which
46 shall not be less than is required of minors attending the full time day
47 schools.
48 2-a. a. Violent pupil. For the purposes of this section, a violent
49 pupil is an elementary or secondary student under twenty-one years of
50 age who:
51 (1) commits an act of violence upon a teacher, administrator or other
52 school employee;
53 (2) commits, while on school district property, an act of violence
54 upon another student or any other person lawfully upon said property;
A. 118 8
1 (3) possesses, while on school district property, a gun, knife,
2 explosive or incendiary bomb, or other dangerous instrument capable of
3 causing physical injury or death;
4 (4) displays, while on school district property, what appears to be a
5 gun, knife, explosive or incendiary bomb or other dangerous instrument
6 capable of causing death or physical injury;
7 (5) threatens, while on school district property, to use any instru-
8 ment that appears capable of causing physical injury or death;
9 (6) knowingly and intentionally damages or destroys the personal prop-
10 erty of a teacher, administrator, other school district employee or any
11 person lawfully upon school district property; or
12 (7) knowingly and intentionally damages or destroys school district
13 property.
14 b. Disruptive pupil. For the purposes of this section, a disruptive
15 pupil is an elementary or secondary student under twenty-one years of
16 age who is substantially disruptive of the educational process or
17 substantially interferes with the teacher's authority over the class-
18 room.
19 3. Suspension of a pupil] Notwithstanding any provision of law, rule
20 or regulation to the contrary, this section shall apply to all public
21 schools in the state including charter schools pursuant to the
22 provisions of paragraph (c) of subdivision one of section twenty-eight
23 hundred fifty-three of this chapter. Whenever the term "board of educa-
24 tion or superintendent of schools" is used in this section, it shall be
25 deemed to include board of trustees, the chancellor of the city school
26 district in the case of the city school district of the city of New
27 York, community boards of education and community superintendents
28 governing community districts in accordance with the provisions of arti-
29 cle fifty-two-A of this chapter.
30 2. Suspension of a student. The board of education or trustees, the
31 chancellor of the city school district in the case of the city school
32 district of the city of New York, superintendent of schools, district
33 superintendent of schools and the principal of the school where the
34 student attends shall have the power to suspend a student as follows:
35 a. For a period not to exceed five consecutive school days provided
36 that the suspension of such student is not prohibited by section twen-
37 ty-eight hundred one of this chapter.
38 (1) In the case of such a suspension, the suspending authority shall
39 provide the student with written notice of the charged misconduct
40 including a brief explanation of the basis for the suspension and a
41 description of the alleged behavior that violated the code of conduct
42 that includes the date, time, and place of the scheduled informal
43 conference with the principal, the right to appeal a suspension, the
44 procedures for appeal, and the manner and location of alternative
45 instruction to be provided to the student for the duration of the
46 suspension if the student is suspended out of school.
47 (2) The student and the parent or person in parental relation to the
48 student shall be given an opportunity for an informal conference with
49 the principal. At the conference, the student and parent or person in
50 parental relation shall be authorized to review all evidence of the
51 alleged misconduct, present the student's version of the event, to ask
52 questions of the complaining witnesses, and to be represented by an
53 attorney or advocate. The aforesaid notice and opportunity for an
54 informal conference shall take place prior to suspension of the student
55 unless the student's presence in the school poses a continuing danger to
56 persons or property or an ongoing threat of disruption to the academic
A. 118 9
1 process, in which case the student's notice and opportunity for an
2 informal conference shall take place as soon after the suspension begins
3 as is reasonably practicable.
4 b. For a period not to exceed twenty consecutive school days,
5 provided that the suspension of such student is not prohibited by subdi-
6 vision two of section twenty-eight hundred one of this chapter, or for a
7 period in excess of twenty consecutive school days, provided the suspen-
8 sion shall only be for conduct that falls under an exception as
9 described in a code of conduct adopted pursuant to section twenty-eight
10 hundred one of this chapter or pursuant to applicable federal law.
11 (1) No student may be suspended for a period in excess of five consec-
12 utive school days without approval from the superintendent.
13 (2) If approved, such student and the parent or person in parental
14 relation to such student shall have had an opportunity for a fair hear-
15 ing, upon reasonable written notice, which shall include a brief
16 description of the facts upon which the alleged violations of the code
17 of conduct are based, the section of the code of conduct that the
18 student is alleged to have violated, and the date, time and place of the
19 hearing. Prior to the hearing, copies of all evidence regarding the
20 alleged incident, including but not limited to statements by students
21 and staff, video surveillance, anecdotal records, photographs and other
22 documentary evidence, audio recordings, and other materials related to
23 the incident shall be provided to the student and parent or person in
24 parental relation to the student, and to any attorney or advocate of the
25 student, as well as notice of the time, manner and place of the
26 provision of alternative instruction when a student is removed from the
27 school building because of the suspension proceeding. The hearing shall
28 be convened within five days of the written notice, unless the parent or
29 person in parental relation to the student or student requests a later
30 date.
31 (3) At the hearing, such student shall have the right of represen-
32 tation by an attorney or advocate, with the right to request the pres-
33 ence of and question witnesses against such student and to request the
34 presence of and present witnesses and other evidence on their behalf.
35 (4) Where the student is a student with a disability or a student
36 presumed to have a disability, the provisions of subdivision six of this
37 section shall also apply.
38 (5) Where a student has been suspended in accordance with this para-
39 graph, the board of education or trustees, the chancellor of the city
40 school district in the case of the city school district of the city of
41 New York, superintendent of schools, district superintendent of schools,
42 or community superintendent shall personally hear and determine the
43 proceeding or may, in their discretion, designate a hearing officer to
44 conduct the hearing. The entity or individual that conducts the hearing
45 shall be authorized to administer oaths and to issue subpoenas in
46 conjunction with the proceeding.
47 (6) A record of the hearing shall be maintained, but no stenographic
48 transcript shall be required and an audio recording shall be deemed a
49 satisfactory record. The entity or individual that conducts the hearing
50 shall make written findings of fact based on a preponderance of the
51 evidence and shall make recommendations as to the appropriate measure of
52 discipline if any. The report of the hearing officer shall be advisory
53 only, and the board of education or trustees, the chancellor of the city
54 school district in the case of the city school district of the city of
55 New York, other governing body, superintendent of schools or district
56 superintendent of schools may accept all or any part thereof.
A. 118 10
1 (7) The board of education or trustees, the chancellor of the city
2 school district in the case of the city school district of the city of
3 New York, superintendent of schools, or district superintendent of
4 schools shall issue a written decision to the school and parent or
5 person in parental relation to the student within three days of the
6 hearing. The written decision shall state the length of suspension, if
7 any, findings of fact, reasons for determination, procedures for appeal,
8 the date by which the appeal shall be filed, and the manner and location
9 of alternative instruction to be provided to the student for the dura-
10 tion of the suspension if the student is suspended out of school.
11 (8) Where the basis for the suspension is, in whole or in part, the
12 possession on school grounds or school property by the student of any
13 firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor, stiletto
14 or any of the weapons, instruments or appliances specified in subdivi-
15 sion one of section 265.01 of the penal law, the hearing officer or
16 superintendent shall not be barred from considering the admissibility of
17 such weapon, instrument or appliance as evidence, notwithstanding a
18 determination by a court in a criminal or juvenile delinquency proceed-
19 ing that the recovery of such weapon, instrument or appliance was the
20 result of an unlawful search or seizure.
21 (9) Where a student has been suspended in accordance with this section
22 by a board of education or trustees, 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 the superintendent. The findings and recommendations of the
27 hearing officer conducting the proceeding shall be advisory and subject
28 to final action by the board of education, each member of which shall
29 before voting review the testimony and acquaint themselves with the
30 evidence in the case. The board may reject, confirm or modify the
31 conclusions of the hearing officer.
32 c. (1) Consistent with the federal gun-free schools act, any public
33 school student who is determined under this subdivision to have brought
34 a firearm to or possessed a firearm at a public school shall be
35 suspended for a period of not less than one calendar year and any
36 nonpublic school pupil participating in a program operated by a public
37 school district using funds from the elementary and secondary education
38 act of nineteen hundred sixty-five who is determined under this subdivi-
39 sion to have brought a firearm to or possessed a firearm at a public
40 school or other premises used by the school district to provide such
41 programs shall be suspended for a period of not less than one calendar
42 year from participation in such program. The procedures of this subdivi-
43 sion shall apply to such a suspension of a nonpublic school student. A
44 superintendent of schools, district superintendent of schools or commu-
45 nity superintendent shall have the authority to modify this suspension
46 requirement for each student on a case-by-case basis. The determination
47 of a superintendent shall be subject to review by the board of education
48 or trustees, or the chancellor of the city school district in the case
49 of the city school district of the city of New York, pursuant to subdi-
50 vision one of this section and the commissioner pursuant to section
51 three hundred ten of this chapter. Nothing in this subdivision shall be
52 deemed to authorize the suspension of a student with a disability in
53 violation of the individuals with disabilities education act or article
54 eighty-nine of this chapter. A superintendent shall refer the student
55 under the age of sixteen who has been determined to have brought a weap-
56 on or firearm to school in violation of this subdivision to a present-
A. 118 11
1 ment agency for a juvenile delinquency proceeding consistent with arti-
2 cle three of the family court act except a student fourteen or fifteen
3 years of age who qualifies for juvenile offender status under subdivi-
4 sion forty-two of section 1.20 of the criminal procedure law. A super-
5 intendent shall refer any student sixteen years of age or older or a
6 student fourteen or fifteen years of age who qualifies for juvenile
7 offender status under subdivision forty-two of section 1.20 of the crim-
8 inal procedure law, who has been determined to have brought a weapon or
9 firearm to school in violation of this subdivision to the appropriate
10 law enforcement officials.
11 (2) Nothing in this paragraph shall be deemed to mandate such action
12 by a school district pursuant to subdivision one of this section where
13 such weapon or firearm is possessed or brought to school with the writ-
14 ten authorization of such educational institution in a manner authorized
15 by article two hundred sixty-five of the penal law for activities
16 approved and authorized by the trustees or board of education or other
17 governing body of the public school and such governing body adopts
18 appropriate safeguards to ensure student safety.
19 (3) As used in this paragraph:
20 (i) "firearm" shall mean a firearm as defined in subsection a of
21 section nine hundred twenty-one of title eighteen of the United States
22 Code; and
23 (ii) "weapon" shall be as defined in paragraph two of subsection g of
24 section nine hundred thirty of title eighteen of the United States Code.
25 3. Alternative learning spaces or schools. The school authorities of
26 any city, school district or public school, or board of cooperative
27 educational services shall establish, to the extent practicable, schools
28 or set apart spaces in school buildings or properties for the instruc-
29 tion of students removed or suspended for violations of the code of
30 conduct, and fix the number of days per week and the hours per day of
31 required attendance and instruction, which shall not be less than is
32 required of minors attending the full time day schools. The commissioner
33 shall establish guidance for alternative learning spaces or schools for
34 when students are removed from the classroom or suspended, including
35 allowing a student that has been removed or suspended on school property
36 to take an examination or assessment that cannot be rescheduled when the
37 student presents a risk to the health and safety of the school community
38 as it applies to subdivisions seven and eight of this section and
39 section twenty-eight hundred one of this chapter.
40 4. Consideration for student suspension. a. (1) The board of educa-
41 tion[, board of] or trustees [or sole trustee], the chancellor of the
42 city school district in the case of the city school district of the city
43 of New York, the superintendent of schools, district superintendent of
44 schools or principal of a school may suspend [the following pupils]
45 students from required attendance upon instruction[:
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 subdivision two of this section, in
49 accordance with the code of conduct, provided that the suspension of
50 such student is not prohibited by section twenty-eight hundred one of
51 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.
A. 118 12
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) The board of education, board of trustees, or sole trustee,
12 superintendent of schools, district superintendent of schools and the
13 principal of the school where the pupil attends shall have the power to
14 suspend a pupil for a period not to exceed five school days. In the
15 case of such a suspension, the suspending authority shall provide the
16 pupil with notice of the charged misconduct. If the pupil denies the
17 misconduct, the suspending authority shall provide an explanation of the
18 basis for the suspension. The pupil and the person in parental relation
19 to the pupil shall, on request, be given an opportunity for an informal
20 conference with the principal at which the pupil and/or person in
21 parental relation shall be authorized to present the pupil's version of
22 the event and to ask questions of the complaining witnesses. The afore-
23 said notice and opportunity for an informal conference shall take place
24 prior to suspension of the pupil unless the pupil's presence in the
25 school poses a continuing danger to persons or property or an ongoing
26 threat of disruption to the academic process, in which case the pupil's
27 notice and opportunity for an informal conference shall take place as
28 soon after the suspension as is reasonably practicable.
29 (2) A teacher shall immediately report and refer a violent pupil prin-
30 cipal or superintendent for a violation of the code of conduct and a
31 minimum suspension period pursuant to section twenty-eight hundred one
32 of this chapter.
33 c. (1) No pupil may be suspended for a period in excess of five school
34 days unless such pupil and the person in parental relation to such pupil
35 shall have had an opportunity for a fair hearing, upon reasonable
36 notice, at which such pupil shall have the right of representation by
37 counsel, with the right to question witnesses against such pupil and to
38 present witnesses and other evidence on [his or her] the pupil's behalf.
39 Where the pupil is a student with a disability or a student presumed to
40 have a disability, the provisions of paragraph g of this subdivision
41 shall also apply. Where a pupil has been suspended in accordance with
42 this subparagraph by a superintendent of schools, district superinten-
43 dent of schools, or community superintendent, the superintendent shall
44 personally hear and determine the proceeding or may, in [his or her]
45 such superintendent's discretion, designate a hearing officer to conduct
46 the hearing. The hearing officer shall be authorized to administer oaths
47 and to issue subpoenas in conjunction with the proceeding [before him or
48 her]. A record of the hearing shall be maintained, but no stenographic
49 transcript shall be required and a tape recording shall be deemed a
50 satisfactory record. The hearing officer shall make findings of fact
51 and recommendations as to the appropriate measure of discipline to the
52 superintendent. The report of the hearing officer shall be advisory
53 only, and the superintendent may accept all or any part thereof. An
54 appeal will lie from the decision of the superintendent to the board of
55 education who shall make its decision solely upon the record before it.
56 The board may adopt in whole or in part the decision of the superinten-
A. 118 13
1 dent of schools. Where the basis for the suspension is, in whole or in
2 part, the possession on school grounds or school property by the student
3 of any firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor,
4 stiletto or any of the weapons, instruments or appliances specified in
5 subdivision one of section 265.01 of the penal law, the hearing officer
6 or superintendent shall not be barred from considering the admissibility
7 of such weapon, instrument or appliance as evidence, notwithstanding a
8 determination by a court in a criminal or juvenile delinquency proceed-
9 ing that the recovery of such weapon, instrument or appliance was the
10 result of an unlawful search or seizure.
11 (2) Where a pupil has been suspended in accordance with this section
12 by a board of education, the board may in its discretion hear and deter-
13 mine the proceeding or appoint a hearing officer who shall have the same
14 powers and duties with respect to the board that a hearing officer has
15 with respect to a superintendent where the suspension was ordered by
16 [him] such superintendent. The findings and recommendations of the hear-
17 ing officer conducting the proceeding shall be advisory and subject to
18 final action by the board of education, each member of which shall
19 before voting review the testimony and [acquaint himself] become
20 acquainted with the evidence in the case. The board may reject, confirm
21 or modify the conclusions of the hearing officer.
22 d. (1) Consistent with the federal gun-free schools act, any public
23 school pupil who is determined under this subdivision to have brought a
24 firearm to or possessed a firearm at a public school shall be suspended
25 for a period of not less than one calendar year and any nonpublic school
26 pupil participating in a program operated by a public school district
27 using funds from the elementary and secondary education act of nineteen
28 hundred sixty-five who is determined under this subdivision to have
29 brought a firearm to or possessed a firearm at a public school or other
30 premises used by the school district to provide such programs shall be
31 suspended for a period of not less than one calendar year from partic-
32 ipation in such program. The procedures of this subdivision shall apply
33 to such a suspension of a nonpublic school pupil. A superintendent of
34 schools, district superintendent of schools or community superintendent
35 shall have the authority to modify this suspension requirement for each
36 student on a case-by-case basis. The determination of a superintendent
37 shall be subject to review by the board of education pursuant to para-
38 graph c of this subdivision and the commissioner pursuant to section
39 three hundred ten of this chapter. Nothing in this subdivision shall be
40 deemed to authorize the suspension of a student with a disability in
41 violation of the individuals with disabilities education act or article
42 eighty-nine of this chapter. A superintendent shall refer the pupil
43 under the age of sixteen who has been determined to have brought a weap-
44 on or firearm to school in violation of this subdivision to a present-
45 ment agency for a juvenile delinquency proceeding consistent with arti-
46 cle three of the family court act except a student fourteen or fifteen
47 years of age who qualifies for juvenile offender status under subdivi-
48 sion forty-two of section 1.20 of the criminal procedure law. A super-
49 intendent shall refer any pupil sixteen years of age or older or a
50 student fourteen or fifteen years of age who qualifies for juvenile
51 offender status under subdivision forty-two of section 1.20 of the crim-
52 inal procedure law, who has been determined to have brought a weapon or
53 firearm to school in violation of this subdivision to the appropriate
54 law enforcement officials.
55 (2) Nothing in this paragraph shall be deemed to mandate such action
56 by a school district pursuant to subdivision one of this section where
A. 118 14
1 such weapon or firearm is possessed or brought to school with the writ-
2 ten authorization of such educational institution in a manner authorized
3 by article two hundred sixty-five of the penal law for activities
4 approved and authorized by the trustees or board of education or other
5 governing body of the public school and such governing body adopts
6 appropriate safeguards to ensure student safety.
7 (3) As used in this paragraph:
8 (i) "firearm" shall mean a firearm as defined in subsection a of
9 section nine hundred twenty-one of title eighteen of the United States
10 Code; and
11 (ii) "weapon" shall be as defined in paragraph 2 of subsection g of
12 section nine hundred thirty of title eighteen of the United States Code.
13 e.] In considering appropriate discipline measures, school authorities
14 shall consider the facts of each case, including, but not limited to:
15 (1) the nature and impact of the student's alleged misconduct, includ-
16 ing but not limited to the harm to the student or other persons, damage
17 to personal or school property or threat to the safety and welfare of
18 the school community;
19 (2) the student's age, ability to speak or understand English, phys-
20 ical health, mental and emotional health, disabilities, and provisions
21 of an individualized education program as it relates to the student's
22 behavior;
23 (3) the student as a whole including life inside and outside of school
24 that may impact behavior such as food insecurity, homelessness, bully-
25 ing, lack of school supplies, abuse, hygiene access, and other issues
26 that may occur in or out of school;
27 (4) the student's willingness to resolve the conflict and repair any
28 harm or damage;
29 (5) the student's prior conduct, the appropriateness of prior inter-
30 ventions, and the effectiveness of any prior interventions;
31 (6) the relationship, if any, between the student's academic placement
32 and program and the alleged violation of the code of conduct; and
33 (7) other factors determined to be relevant.
34 5. Procedure after suspension. Where a [pupil] student has been
35 suspended pursuant to this subdivision and said [pupil is of compulsory
36 attendance age] student has the legal right to attend school, immediate
37 steps shall be taken for [his or her] the student's attendance upon
38 instruction elsewhere [or for supervision or detention of said pupil
39 pursuant to the provisions of article seven of the family court act].
40 Where a [pupil] student has been suspended for cause, the suspension may
41 be revoked by the board of education or trustees, or the chancellor of
42 the city school district in the case of the city school district of the
43 city of New York, whenever it appears to be for the best interest of the
44 school and the [pupil] student to do so. The board of education or trus-
45 tees, or the chancellor of the city school district in the case of the
46 city school district for the city of New York, may also condition a
47 student's early return to school and suspension revocation on the
48 [pupil's] student's voluntary participation in counseling or specialized
49 classes, including anger management or dispute resolution, where appli-
50 cable.
51 [f. Whenever the term "board of education or superintendent of
52 schools" is used in this subdivision, it shall be deemed to include
53 community boards of education and community superintendents governing
54 community districts in accordance with the provisions of article fifty-
55 two-A of this chapter.
A. 118 15
1 g.] 6. Discipline of students with disabilities and students presumed
2 to have a disability for discipline purposes. [(1)] a. Notwithstanding
3 any other provision of this subdivision to the contrary, a student with
4 a disability as such term is defined in section forty-four hundred one
5 of this chapter and a student presumed to have a disability for disci-
6 pline purposes, may be suspended or removed from [his or her] the
7 student's current educational placement, provided that the suspension of
8 such student is not prohibited by section twenty-eight hundred one of
9 this chapter, for violation of [school rules] the code of conduct only
10 in accordance with the procedures established in this section, the regu-
11 lations of the commissioner implementing this paragraph, and subsection
12 (k) of section fourteen hundred fifteen of title twenty of the United
13 States code and the federal regulations implementing such statute, as
14 such federal law and regulations are from time to time amended. Nothing
15 in this paragraph shall be construed to confer greater rights on such
16 students than are conferred under applicable federal law and regu-
17 lations, or to limit the ability of a school district to change the
18 educational placement of a student with a disability in accordance with
19 the procedures in article eighty-nine of this chapter.
20 [(2)] b. As used in this paragraph:
21 (1) a "student presumed to have a disability for discipline purposes"
22 shall mean a student who the school district is deemed to have knowledge
23 was a student with a disability before the behavior that precipitated
24 disciplinary action under the criteria in subsection (k) (5) of section
25 fourteen hundred fifteen of title twenty of the United States code and
26 the federal regulations implementing such statute; and
27 [(ii)] (2) a "manifestation team" means a representative of the school
28 district, the parent or person in parental relation, and relevant
29 members of the committee on special education, as determined by the
30 parent or person in parental relation and the district.
31 [(3)] c. In applying the federal law consistent with this section:
32 [(i)] (1) in the event of a conflict between the procedures estab-
33 lished in this section and those established in subsection (k) of
34 section fourteen hundred fifteen of title twenty of the United States
35 code and the federal regulations implementing such statute, such federal
36 statute and regulations shall govern.
37 [(ii)] (2) the board of trustees or board of education of any school
38 district, the chancellor of the city school district of the city of New
39 York, a district superintendent of schools or a building principal shall
40 have authority, provided that suspension of such student is not prohib-
41 ited by subdivision two of section twenty-eight hundred one of this
42 chapter, to order the placement of a student with a disability into an
43 appropriate interim alternative educational setting, another setting or
44 suspension, provided that the suspension of such student is not prohib-
45 ited by section twenty-eight hundred one of this chapter, for a period
46 not to exceed five consecutive school days where such student is
47 suspended pursuant to this subdivision and, except as otherwise provided
48 in [clause (vi) of this] subparagraph four of this paragraph, the
49 suspension does not result in a change in placement under federal law.
50 [(iii)] (3) the superintendent of schools of a school district, either
51 directly or upon recommendation of a hearing officer designated pursuant
52 to [paragraph c of this] subdivision two of this section, may order the
53 placement of a student with a disability into an interim alternative
54 educational setting, another setting or suspension, provided that the
55 suspension of such student is not prohibited by section twenty-eight
56 hundred one of this chapter, for up to ten consecutive school days,
A. 118 16
1 inclusive of any period in which the student is placed in an appropriate
2 interim alternative educational setting, another setting or suspension
3 pursuant to [clause (ii) of this] subparagraph two of this paragraph for
4 the behavior, where the superintendent determines in accordance with the
5 procedures set forth in this subdivision that the student has engaged in
6 behavior that warrants a suspension, and, except as otherwise provided
7 in [clause (vi) of this] subparagraph four of this paragraph, the
8 suspension does not result in a change in placement under federal law.
9 [(iv)] (4) the superintendent of schools of a school district, either
10 directly or upon recommendation of a hearing officer designated pursuant
11 to [paragraph c of this] subdivision two of this section, may order the
12 change in placement of a student with a disability to an interim alter-
13 native educational setting for up to forty-five school days under the
14 circumstances specified in subsection (k)(1)(G) of section fourteen
15 hundred fifteen of title twenty of the United States code and the feder-
16 al regulations implementing such statute or a longer period where
17 authorized by federal law under the circumstances specified in
18 subsection (k)(1)(C) of section fourteen hundred fifteen of title twenty
19 of the United States code and the federal regulations implementing such
20 statute, but in neither case shall such period exceed the period of
21 suspension ordered by a superintendent in accordance with this subdivi-
22 sion, provided that the suspension of such student is not prohibited by
23 section twenty-eight hundred one of this chapter.
24 [(v)] (5) the terms "day," "business day," and "school day" shall be
25 as defined in section 300.11 of title thirty-four of the code of federal
26 regulations.
27 [(vi)] (6) notwithstanding any other provision of this subdivision to
28 the contrary, upon a determination by a manifestation team that the
29 behavior of a student with a disability was not a manifestation of the
30 student's disability, such student may be disciplined pursuant to this
31 section in the same manner and for the same duration as a nondisabled
32 student, except that such student shall continue to receive services to
33 the extent required under federal law and regulations, and such services
34 may be provided in an interim alternative educational setting, provided
35 that the suspension of such student is not prohibited by section twen-
36 ty-eight hundred one of this chapter.
37 [(vii)] (7) an impartial hearing officer appointed pursuant to subdi-
38 vision one of section forty-four hundred four of this chapter may order
39 a change in placement of a student with a disability to an appropriate
40 interim alternative educational setting for not more than forty-five
41 school days under the circumstances specified in subsections (k)(3) and
42 (k)(4) of section fourteen hundred fifteen of title twenty of the United
43 States code and the federal regulations implementing such statutes,
44 provided that such procedure may be repeated, as necessary, provided
45 that the suspension of such student is not prohibited by section twen-
46 ty-eight hundred one of this chapter.
47 [(viii)] (8) nothing in this section shall be construed to authorize
48 the suspension or removal of a student with a disability from [his or
49 her] the student's current educational placement for violation of school
50 rules following a determination by a manifestation team that the behav-
51 ior is a manifestation of the student's disability, except as authorized
52 under federal law and regulations.
53 [(ix)] (9) the commissioner shall implement this paragraph by adopting
54 regulations which coordinate the procedures required for discipline of
55 students with disabilities, and students presumed to have a disability
56 for discipline purposes, pursuant to subsection (k) of section fourteen
A. 118 17
1 hundred fifteen of title twenty of the United States code and the feder-
2 al regulations implementing such statute, with the general procedures
3 for student discipline under this section.
4 [3-a.] 7. Education plan. When a student is suspended from school
5 consistent with this section and section twenty-eight hundred one of
6 this chapter, the principal, or the principal's designee, in consulta-
7 tion with the student's teachers, shall create an education plan for the
8 student for each class in which the student is enrolled, according to
9 the timeframe policies required in the code of conduct described in
10 section twenty-eight hundred one of this chapter. The education plan
11 shall make provisions for a student's on-going academic instruction
12 during the suspension and shall include the steps the school will take
13 to provide the student with a successful re-entry to school. The student
14 shall have the opportunity to earn all academic credit they would have
15 been eligible to earn had the student been in class, including the
16 opportunity to complete any missed assignments or take any missed exam-
17 ination or assessments during the student's suspension. If an examina-
18 tion or assessment cannot be rescheduled, the student shall be allowed
19 on school property to take such assessment or examination on the day and
20 time that the assessment or examination is given, unless the student
21 presents a risk to the health and safety of the school community then
22 the assessment or examination should be provided in an alternative space
23 as described in subdivision three of this section, if available.
24 8. Teacher removal of a [disruptive pupil] student. In addition, any
25 teacher shall have the power and authority to remove a [disruptive
26 pupil, as defined in subdivision two-a of this section,] student from
27 such teacher's classroom consistent with discipline measures contained
28 in the code of conduct adopted by the board pursuant to section twenty-
29 eight hundred one of this chapter. The school authorities of any school
30 district or public school, board of cooperative educational services
31 shall establish policies and procedures to ensure the provision of
32 continued educational programming and activities for students removed
33 from the classroom pursuant to this [subdivision and provided further
34 that nothing] section. When a student is removed from the classroom,
35 the student shall have the opportunity to earn all academic credit
36 including the opportunity to complete any missed assignments or take any
37 missed examinations or assessments during the student's removal. If an
38 examination or assessment cannot be rescheduled, the student shall be
39 allowed on school property to take such assessment or examination on the
40 day and time that the assessment or examination is given unless the
41 student presents a risk to the health and safety of the school community
42 then the assessment or examination should be provided in an alternative
43 space as described in subdivision three of this section, if available.
44 Nothing in this subdivision shall authorize the removal of a [pupil]
45 student in violation of any state or federal law or regulation. No
46 [pupil] student shall return to the classroom until the principal makes
47 a final determination pursuant to [paragraph c of] this subdivision, or
48 the period of removal expires, whichever is less.
49 a. Such teacher shall inform the [pupil] student and the school prin-
50 cipal of the reasons for the removal. If the teacher finds that the
51 [pupil's] student's continued presence in the classroom does not pose a
52 continuing danger to persons or property and does not present an ongoing
53 threat of disruption to the academic process, the teacher shall, prior
54 to removing the student from the classroom, provide the student with an
55 explanation of the basis for the removal and allow the [pupil] student
56 to informally present the [pupil's] student's version of relevant
A. 118 18
1 events. In all other cases, the teacher shall provide the [pupil]
2 student with an explanation of the basis for the removal and an informal
3 opportunity to be heard within twenty-four hours of the [pupil's]
4 student's removal, provided that if such twenty-four hour period does
5 not end on a school day, it shall be extended to the corresponding time
6 on the next school day.
7 b. The principal shall inform the parent or person in parental
8 relation to such [pupil] student of the removal and the reasons therefor
9 within twenty-four hours of the [pupil's] student's removal, provided
10 that if such twenty-four hour period does not end on a school day, it
11 shall be extended to the corresponding time on the next school day. The
12 [pupil] student and the parent or person in parental relation shall,
13 upon request, be given an opportunity for an informal conference with
14 the principal to discuss the reasons for the removal. If the [pupil]
15 student denies the charges, the principal shall provide an explanation
16 of the basis for the removal and allow the [pupil] student and/or person
17 in parental relation to the [pupil] student an opportunity to present
18 the [pupil's] student's version of relevant events. Such informal [hear-
19 ing] conference shall be held within forty-eight hours of the [pupil's]
20 student's removal, provided that if such forty-eight hour period does
21 not end on a school day, it shall be extended to the corresponding time
22 on the second school day next following the [pupil's] student's removal.
23 For purposes of this subdivision, "school day" shall mean a school day
24 as defined pursuant to [clause (v) of] subparagraph [three] five of
25 paragraph [g] c of subdivision [three] six of this section.
26 c. The principal shall not set aside the discipline imposed by the
27 teacher unless the principal finds that the charges against the [pupil]
28 student are not supported by substantial evidence or that the [pupil's]
29 student's removal is otherwise in violation of law or that the conduct
30 warrants suspension from school pursuant to this section and a suspen-
31 sion will be imposed. The principal's determination made pursuant to
32 this paragraph shall be made by the close of business on the day
33 succeeding the forty-eight hour period for an informal hearing contained
34 in paragraph b of this subdivision.
35 d. The principal may, in [his or her] the principal's discretion,
36 designate a school district administrator, to carry out the functions
37 required of the principal under this subdivision.
38 [4.] 9. Expense. [a.] The expense attending the commitment and costs
39 of maintenance of any [school delinquent] student placed as a result of
40 a finding related to school or educational issues shall be a charge
41 against the city or district where [he] the student resides, if such
42 city or district employs a superintendent of schools; otherwise it shall
43 be a county charge.
44 [b. The school authorities may institute proceedings before a court
45 having jurisdiction to determine the liability of a person in parental
46 relation to contribute towards the maintenance of a school delinquent
47 under sixteen years of age ordered to attend upon instruction under
48 confinement. If the court shall find the person in parental relation
49 able to contribute towards the maintenance of such a minor, it may issue
50 an order fixing the amount to be paid weekly.
51 5.] 10. Involuntary transfers of [pupils] students who have not been
52 determined to be a student with a disability or a student presumed to
53 have a disability for discipline purposes.
54 a. The board of education[, board of] or trustees [or sole trustee,],
55 the chancellor of the city school district in the case of the city
56 school district of New York, other governing body, the superintendent of
A. 118 19
1 schools, or district superintendent of schools may transfer a [pupil]
2 student who has not been determined to be a student with a disability as
3 defined in section forty-four hundred one of this chapter, or a student
4 presumed to have a disability for discipline purposes as defined in
5 [paragraph g of] subdivision [three] six of this section from regular
6 classroom instruction to an appropriate educational setting in another
7 school upon the written recommendation of the school principal and
8 following independent review thereof. For purposes of this section of
9 the law, "involuntary transfer" does not include a transfer made by a
10 school district as part of a plan to reduce racial imbalance within the
11 schools or as a change in school attendance zones or geographical bound-
12 aries.
13 b. A school principal may initiate a non-requested transfer where it
14 is believed that such a [pupil] student would benefit from the transfer,
15 or when the [pupil] student would receive an adequate and appropriate
16 education in another school program or facility.
17 No recommendation for [pupil] student transfer shall be initiated by
18 the principal until such [pupil] student and a parent or person in
19 parental relation has been sent written notification of the consider-
20 ation of transfer recommendation. Such notice shall set a time and place
21 of an informal conference with the principal and shall inform such
22 parent or person in parental relation and such [pupil] student of their
23 right to be accompanied by counsel or an individual of their choice.
24 c. After the conference and if the principal concludes that the
25 [pupil] student would benefit from a transfer or that the [pupil]
26 student would receive an adequate and appropriate education in another
27 school program or facility, the principal may issue a recommendation of
28 transfer to the superintendent. Such recommendation shall include a
29 description of behavior and/or academic problems indicative of the need
30 for transfer; a description of alternatives explored and prior action
31 taken to resolve the problem. A copy of that letter shall be sent to the
32 parent or person in parental relation and to the [pupil] student.
33 d. Upon receipt of the principal's recommendation for transfer and a
34 determination to consider that recommendation, the superintendent shall
35 notify the parent or person in parental relation and the [pupil] student
36 of the proposed transfer and of their right to a fair hearing as
37 provided in [paragraph c of] subdivision [three] two of this section and
38 shall list community agencies and free legal assistance which may be of
39 assistance. The written notice shall include a statement that the
40 [pupil] student or parent or person in parental relation has ten days to
41 request a hearing and that the proposed transfer shall not take effect,
42 except upon written parental consent, until the ten day period has
43 elapsed, or, if a fair hearing is requested, until after a formal deci-
44 sion following the hearing is rendered, whichever is later.
45 e. Parental consent to a transfer shall not constitute a waiver of the
46 right to a fair hearing.
47 [6.] 11. Transfer of a [pupil] student. Where a suspended [pupil]
48 student is to be transferred pursuant to subdivision [five] ten of this
49 section, [he or she] the student shall remain on the register of the
50 original school for two school days following transmittal of [his or
51 her] the student's records to the school to which [he or she] the
52 student is to be transferred. The receiving school shall immediately
53 upon receiving those records transmitted by the original school, review
54 them to [insure] ensure proper placement of the [pupil] student. Staff
55 members who are involved in the [pupil's] student's education must be
56 provided with pertinent records and information relating to the back-
A. 118 20
1 ground and problems of the [pupil] student before the [pupil] student is
2 placed in a classroom.
3 [7.] 12. Transfer of disciplinary records. Notwithstanding any other
4 provision of law to the contrary, each local educational agency, as such
5 term is defined in subsection thirty of section eighty-one hundred one
6 of the Elementary and Secondary Education Act of 1965, as amended, shall
7 establish procedures in accordance with section eighty-five hundred
8 thirty-seven of the Elementary and Secondary Education Act of 1965, as
9 amended, and the Family Educational Rights and Privacy Act of 1974, to
10 facilitate the transfer of disciplinary records relating to the suspen-
11 sion or expulsion of a student to any public or nonpublic elementary or
12 secondary school in which such student enrolls or seeks, intends or is
13 instructed to enroll, on a full-time or part-time basis.
14 13. Annual report on student discipline. a. The board of education or
15 superintendent of schools shall post on its website and submit to the
16 department by October thirty-first of each year an annual report, based
17 on data from the preceding school year, on the discipline of students.
18 The department shall analyze the collected data and compare to previous
19 year post collected annual reports on their website by November thirti-
20 eth of each year.
21 b. The commissioner shall establish and distribute a uniform reporting
22 structure for school districts to fill out for annual report on the
23 discipline of students requirement, pursuant to this subdivision. The
24 uniform reporting structure shall collect data on the following:
25 (1) the number of teacher removals, number of days removed, and
26 purpose of removal;
27 (2) the number of suspensions, length of suspension, and purpose of
28 suspension;
29 (3) the number of students subjected more than once to a teacher
30 removal, suspension, or any combination thereof;
31 (4) the number of students subjected to an expulsion; and
32 (5) this data shall be disaggregated, where apparent, disclosed or
33 discoverable: by race, ethnicity, gender, gender expression, sexuality,
34 family income or economic status, religion, grade, year of birth, wheth-
35 er the individual is receiving special education services, whether the
36 individual is an English language learner, and homeless status.
37 § 5. Subdivision (a) of section 8 of chapter 430 of the laws of 2006,
38 amending the education law relating to implementation of the federal
39 individuals with disabilities education improvement act of 2004, as
40 amended by chapter 122 of the laws of 2024, is amended to read as
41 follows:
42 (a) sections one[, two,] and six of this act shall expire and be
43 deemed repealed June 30, 2027;
44 § 6. Section 22 of chapter 352 of the laws of 2005, amending the
45 education law relating to implementation of the federal individuals with
46 disabilities education improvement act of 2004, as amended by chapter
47 122 of the laws of 2024, is amended to read as follows:
48 § 22. This act shall take effect July 1, 2005, provided, however, if
49 this act shall become a law after such date it shall take effect imme-
50 diately and shall be deemed to have been in full force and effect on and
51 after July 1, 2005; and provided further, however, that sections one
52 through [four] three and six through twenty-one of this act shall expire
53 and be deemed repealed June 30, 2027, and section five of this act shall
54 expire and be deemed repealed June 30, 2027.
55 § 7. Subdivision d of section 27 of chapter 378 of the laws of 2007,
56 amending the education law relating to implementation of the federal
A. 118 21
1 individuals with disabilities education improvement act of 2004, as
2 amended by chapter 122 of the laws of 2024, is amended to read as
3 follows:
4 d. [the provisions] sections one, two and four through twenty-five of
5 this act shall expire and be deemed repealed June 30, 2027.
6 § 8. This act shall take effect immediately; provided, however that
7 sections two and four of this act shall take effect July 1, 2026.