LBD02878-01-9
A. 1981 2
PROMOTE SOCIAL AND EMOTIONAL LEARNING, RESOLVE STUDENT BEHAVIORAL
ISSUES, AND KEEP STUDENTS IN SCHOOL AND IN CLASS.
(2) EVERY SCHOOL SHALL USE INTERVENTIONS AND SUPPORTS THAT ASSIST
STUDENTS IN DEVELOPING SOCIAL AND EMOTIONAL COMPETENCIES SUCH AS SELF-
MANAGEMENT, SELF-AWARENESS, RESPONSIBLE DECISION-MAKING, CONFLICT RESOL-
UTION, AND REFOCUSING ON LEARNING.
(3) EVERY SCHOOL SHALL HAVE, AND SUPPORT TEACHERS IN MAINTAINING,
CLASSROOMS AND CLASSROOM PRACTICES THAT SUPPORT EACH STUDENT'S OPPORTU-
NITY TO OBTAIN AN EDUCATION, THAT DEVELOP EACH STUDENT'S SOCIAL-EMOTION-
AL SKILLS, AND THAT ARE HEALTHY, SAFE, AND INCLUSIVE.
(4) EVERY SCHOOL SHALL ENSURE PRE-SERVICE AND ANNUAL TRAINING IN
ACCORDANCE WITH THIS SECTION FOR ALL SCHOOL PERSONNEL, LAW ENFORCEMENT
AND PUBLIC OR PRIVATE SECURITY PERSONNEL EMPLOYED, RETAINED OR
CONTRACTED WITH A SCHOOL DISTRICT OR CHARTER SCHOOL REGARDING THE CODE
OF CONDUCT, AND THE USE OF INTERVENTIONS, POSITIVE SCHOOL CLIMATE PRAC-
TICES, GRADUATED AND PROPORTIONATE DISCIPLINE, AND DISPARITIES THAT
EXIST IN DISCIPLINE.
(5) EVERY SCHOOL SHALL DEFINE THE ROLES AND AREAS OF RESPONSIBILITY OF
SCHOOL PERSONNEL, SECURITY PERSONNEL AND LAW ENFORCEMENT IN RESPONSE TO
STUDENT MISCONDUCT THAT VIOLATES THE CODE OF CONDUCT. A SCHOOL DISTRICT
OR CHARTER SCHOOL THAT EMPLOYS, CONTRACTS WITH, OR OTHERWISE RETAINS LAW
ENFORCEMENT OR PUBLIC OR PRIVATE SECURITY PERSONNEL, INCLUDING SCHOOL
RESOURCE OFFICERS, SHALL ESTABLISH A WRITTEN CONTRACT OR MEMORANDUM OF
UNDERSTANDING THAT IS DEVELOPED WITH STAKEHOLDER INPUT INCLUDING BUT NOT
LIMITED TO: PARENTS, STUDENTS, SCHOOL ADMINISTRATORS, TEACHERS, COLLEC-
TIVE BARGAINING UNITS, PARENT AND STUDENT ORGANIZATIONS, COMMUNITY
MEMBERS, AS WELL AS PROBATION OFFICERS, PROSECUTORS, DEFENSE COUNSELS
AND COURTS THAT ARE FAMILIAR WITH SCHOOL DISCIPLINE. SUCH WRITTEN
CONTRACT OR MEMORANDUM OF UNDERSTANDING SHALL DEFINE THE RELATIONSHIP
BETWEEN A SCHOOL DISTRICT OR CHARTER SCHOOL, SCHOOL PERSONNEL, STUDENTS,
VISITORS, LAW ENFORCEMENT, AND PUBLIC OR PRIVATE SECURITY PERSONNEL.
SUCH CONTRACT OR MEMORANDUM OF UNDERSTANDING SHALL BE CONSISTENT WITH
THE CODE OF CONDUCT, LIMIT LAW ENFORCEMENT OR SECURITY PERSONNEL'S
INVOLVEMENT WHEN A STUDENT'S BEHAVIOR DOES NOT THREATEN THE SAFETY OF
THE SCHOOL, DEFINE WHICH BEHAVIORS SHOULD NOT RESULT IN AN ARREST OR
SUMMONS, REQUIRE LAW ENFORCEMENT OR SECURITY PERSONNEL TO RECEIVE TRAIN-
ING AS REQUIRED BY SUBPARAGRAPH FOUR OF THIS SUBDIVISION, AND CLEARLY
DELEGATE THE ROLE OF SCHOOL DISCIPLINE TO THE SCHOOL ADMINISTRATION.
SUCH WRITTEN CONTRACT OR MEMORANDUM OF UNDERSTANDING SHALL BE INCORPO-
RATED INTO AND PUBLISHED AS PART OF THE CODE OF CONDUCT.
C. EVERY SCHOOL SHALL USE GRADUATED AND PROPORTIONATE DISCIPLINE,
WHICH SHALL MEAN A DISCIPLINARY APPROACH THAT REQUIRES SCHOOL PERSONNEL
TO USE THE LEAST SEVERE ACTION NECESSARY TO RESPOND TO INAPPROPRIATE
BEHAVIOR AND REQUIRES THE USE OF APPROPRIATE PREVENTION PROGRAMS AND
INTERVENTIONS PRIOR TO AND IN CONJUNCTION WITH THE USE OF ANY DISCIPLINE
THAT PREVENTS STUDENTS FROM RECEIVING THEIR IN-CLASSROOM EDUCATION.
DISCIPLINE SUCH AS REMOVALS, SUSPENSIONS AND EXPULSIONS THAT PREVENT
STUDENTS FROM RECEIVING THEIR IN-CLASSROOM EDUCATION SHALL BE USED AS A
DISCIPLINE OF LAST RESORT AND MAY ONLY BE IMPOSED AS PROVIDED IN THIS
SECTION AND SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER.
D. (1) RESTORATIVE APPROACHES TO SCHOOL CLIMATE AND DISCIPLINE INCLUDE
THE USE OF RESTORATIVE PRACTICES IN CLASSROOMS AND SCHOOLS TO PROACTIVE-
LY BUILD A SCHOOL COMMUNITY BASED UPON COOPERATION, MUTUAL UNDERSTAND-
ING, ACCEPTANCE OF RESPONSIBILITY, TRUST AND RESPECT. RESTORATIVE PRAC-
TICES MAY ADDRESS MISBEHAVIOR AND HARM IN A WAY THAT STRENGTHENS
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RELATIONSHIPS BETWEEN SCHOOL STAFF AND STUDENTS AND AMONG STUDENTS AND
ADDRESSES THE ROOT CAUSES OF DISCIPLINE PROBLEMS.
(2) RESTORATIVE DISCIPLINE ALLOWS STUDENTS WHO MAY HAVE VIOLATED THE
CODE OF CONDUCT TO TAKE FULL RESPONSIBILITY FOR THEIR BEHAVIOR BY
ADDRESSING ANY INDIVIDUALS AFFECTED BY THE BEHAVIOR. THE PURPOSE OF SUCH
DISCIPLINE IS TO HELP STUDENTS UNDERSTAND WHY A SPECIFIC BEHAVIOR IS
WRONG AND TO HELP THEM CHOOSE A BETTER BEHAVIOR IN THE FUTURE. RESTORA-
TIVE PRACTICES AND DISCIPLINE MAY INCLUDE CLASS MEETINGS, FACILITATED
CIRCLES, CONFERENCES, PEER MEDIATION AND OTHER RESTORATIVE INTERVENTIONS
THAT CAN EFFECTIVELY ADDRESS STUDENT MISCONDUCT, HOLD STUDENTS ACCOUNT-
ABLE FOR THEIR BEHAVIOR, REPAIR HARM TO PERSONS AND PROPERTY CAUSED BY
MISCONDUCT AND FOSTER HEALTHY RELATIONSHIPS WITHIN THE SCHOOL COMMUNITY.
CONSISTENT WITH THIS SECTION AND SECTION THIRTY-TWO HUNDRED FOURTEEN OF
THIS CHAPTER, SCHOOL PERSONNEL MAY USE RESTORATIVE DISCIPLINE TO RESPOND
TO STUDENT BEHAVIOR.
(3) NO STUDENT SHALL BE REQUIRED TO PARTICIPATE IN A RESTORATIVE PRAC-
TICE WITHOUT THEIR CONSENT. IN ADDITION, IN THE CASE OF AN INCIDENT
WHERE A STUDENT HAS BEEN PHYSICALLY INJURED, NO STUDENT SHALL BE
REQUIRED TO PARTICIPATE IN RESTORATIVE PRACTICES IF THEIR PARENT OR
PERSON IN PARENTAL RELATION AFFIRMATIVELY OBJECTS UPON NOTICE. IF A
STUDENT CHOOSES NOT TO PARTICIPATE IN A RESTORATIVE PRACTICE, THE SCHOOL
MAY USE OTHER APPROACHES TO RESPOND TO A CODE OF CONDUCT VIOLATION.
2. For purposes of this section, school property [means in or within]
SHALL MEAN REAL, PERSONAL OR OTHER PROPERTY OWNED, LEASED OR OCCUPIED BY
A PUBLIC SCHOOL INCLUDING A CHARTER SCHOOL. SUCH PROPERTY SHALL INCLUDE
BUT NOT BE LIMITED TO any building, structure, athletic playing field,
playground, parking lot or land contained within the real property boun-
dary line of a public elementary or secondary school; or in or on a
school bus, as defined in section one hundred forty-two of the vehicle
and traffic law; OR ELECTRONIC FILES AND DATABASES and a school function
shall mean a school-sponsored or school-authorized extra-curricular
event or activity regardless of where OR WHEN such event or activity
takes place, including any event or activity that may take place in
another state.
[2.] 3. The board of education or [the trustees] BOARD OF TRUSTEES OF
EVERY SCHOOL DISTRICT OR THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN
THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, [as
defined in section two of this chapter, of every school district within
the state, however created,] and every board of cooperative educational
services and [county vocational extension board] CHARTER SCHOOL, shall
adopt and amend, as appropriate, a code of conduct [for the maintenance
of order on school property, including a school function, which shall
govern the conduct of students, teachers and other school personnel as
well as visitors] WHICH SHALL GOVERN THE CONDUCT OF STUDENTS, SCHOOL
EMPLOYEES AND VISITORS IN ORDER TO PROMOTE A SAFE, RESPECTFUL AND
SUPPORTIVE LEARNING AND TEACHING ENVIRONMENT ON SCHOOL PROPERTY AND AT
SCHOOL FUNCTIONS and shall provide for the enforcement thereof. [Such
policy may be adopted by the school board or trustees only after at
least one public hearing that provides for the participation of school
personnel, parents, students and any other interested parties.] Such
code of conduct shall APPLY TO ALL STUDENTS, SCHOOL EMPLOYEES, SCHOOL
BOARD MEMBERS, INDEPENDENT CONTRACTORS AND VISITORS AND SHALL include,
at a minimum PROVISIONS THAT:
a. [provisions regarding conduct, dress and language deemed appropri-
ate and acceptable on school property, including a school function, and
conduct, dress and language deemed unacceptable and inappropriate on
A. 1981 4
school property, including a school function, and provisions regarding
acceptable civil and respectful treatment of teachers, school adminis-
trators, other school personnel, students and visitors on school proper-
ty, including a school function, including the appropriate range of
disciplinary measures which may be imposed for violation of such code,
and the roles of teachers, administrators, other school personnel, the
board of education and parents;
b. standards and procedures to assure security and safety of students
and school personnel;
c. provisions for the removal from the classroom and from school prop-
erty, including a school function, of students and other persons who
violate the code;
d. disciplinary measures to be taken in incidents involving the
possession or use of illegal substances or weapons, the use of physical
force, vandalism, violation of another student's civil rights and
threats of violence;
e. provisions for detention, suspension and removal from the classroom
of students, consistent with section thirty-two hundred fourteen of this
chapter and other applicable federal, state and local laws including
provisions for the school authorities to establish policies and proce-
dures to ensure the provision of continued educational programming and
activities for students removed from the classroom, placed in detention,
or suspended from school;
f. procedures by which violations are reported, determined, discipline
measures imposed and discipline measures carried out;
g. provisions ensuring] ESTABLISH STANDARDS AND PROCEDURES TO ASSURE
SECURITY AND SAFETY OF STUDENTS AND SCHOOL PERSONNEL;
B. REQUIRE AGE-APPROPRIATE, GRADUATED AND PROPORTIONATE INTERVENTIONS
AND DISCIPLINE, INCLUDING RESTORATIVE DISCIPLINE, THAT RESPOND TO
STUDENT MISCONDUCT, HOLD STUDENTS ACCOUNTABLE FOR THEIR BEHAVIOR AND
MAXIMIZE THE ABILITY OF STUDENTS TO ATTEND CLASS AND SCHOOL;
C. SET OUT CLEAR EXPECTATIONS FOR STUDENT CONDUCT AT SCHOOL AND SCHOOL
FUNCTIONS, USING SPECIFIC AND OBJECTIVE CRITERIA, AND DEFINE VIOLATIONS
OF THE CODE OF CONDUCT;
D. ESTABLISH THE RANGE OF GRADUATED AND PROPORTIONATE INTERVENTIONS
AND CONSEQUENCES INCLUDING RESTORATIVE DISCIPLINE FOR STUDENT BEHAVIORS
THAT VIOLATE THE CODE OF CONDUCT; PROVIDED THAT REMOVAL OF A STUDENT
FROM CLASS OR CLASSES, SCHOOL PROPERTY OR SCHOOL FUNCTIONS, INCLUDING
CLASSROOM REMOVAL OR SUSPENSION, FOR A SPECIFIC PERIOD OF TIME SHALL NOT
BE USED TO RESPOND TO TARDINESS, UNEXCUSED ABSENCE FROM CLASS OR SCHOOL,
LEAVING SCHOOL WITHOUT PERMISSION, VIOLATION OF SCHOOL DRESS CODE, AND
LACK OF IDENTIFICATION UPON REQUEST OF SCHOOL PERSONNEL. THE RANGE OF
GRADUATED AND PROPORTIONATE INTERVENTIONS FOR INITIAL OR REPEATED ACTS
OF WILLFUL DISOBEDIENCE SHALL NOT INCLUDE SUSPENSION. "WILLFUL DISOBE-
DIENCE" SHALL MEAN DISRUPTIVE, INSUBORDINATE, OR ROWDY BEHAVIOR, INCLUD-
ING BEHAVIORS SUCH AS THE USE OF FOUL OR INAPPROPRIATE LANGUAGE,
GESTURES, COMMENTS, OR REFUSAL TO FOLLOW DIRECTIONS;
E. WHERE AVAILABLE, REQUIRE THE CONSIDERATION OF THE USE OF RESTORA-
TIVE PRACTICES AND DISCIPLINE IN RESPONSE TO VIOLATIONS OF THE CODE OF
CONDUCT;
F. ESTABLISH PROCEDURES BY WHICH VIOLATIONS OF THE CODE OF CONDUCT ARE
REPORTED TO THE APPROPRIATE SCHOOL PERSONNEL, THE FACTS ARE INVESTIGATED
AND DETERMINED, AND INTERVENTION AND DISCIPLINE MEASURES, INCLUDING
RESTORATIVE DISCIPLINE, ARE DECIDED AND IMPLEMENTED. SUCH PROVISIONS
SHALL ENSURE THAT PROCEDURES ESTABLISHED ARE CONSISTENT WITH THIS
A. 1981 5
SECTION, SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER, AND OTHER
FEDERAL AND STATE LAW;
G. ESTABLISH PROCEDURES FOR REMOVAL FROM THE CLASSROOM, SCHOOL PROPER-
TY OR A SCHOOL FUNCTION, OF STUDENTS WHO VIOLATE THE CODE OF CONDUCT,
INCLUDING PROCEDURES BY WHICH A SCHOOL MAY RESPOND IMMEDIATELY TO
STUDENT BEHAVIOR THAT (I) PHYSICALLY INJURES OR POSES AN IMMEDIATE
THREAT OF PHYSICAL INJURY TO THE STUDENT OR OTHER PERSON OR PERSONS; OR
(II) DAMAGES PROPERTY AND SUCH DAMAGE INJURES OR POSES AN IMMEDIATE
THREAT OF SERIOUS PHYSICAL INJURY TO THE STUDENT OR OTHER PERSON OR
PERSONS, CONSISTENT WITH SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS
CHAPTER AND OTHER FEDERAL AND STATE LAWS;
H. PROHIBIT THE SUSPENSION OF STUDENTS IN KINDERGARTEN THROUGH GRADE
THREE, EXCEPT IN SITUATIONS OF SERIOUS PHYSICAL INJURY AS DEFINED IN
SUBDIVISION TEN OF SECTION 10.00 OF THE PENAL LAW TO STUDENTS, STAFF, OR
OTHERS WHILE TAKING INTO ACCOUNT THE TOTALITY OF THE CIRCUMSTANCES;
I. COMPLY WITH THE FEDERAL GUN-FREE SCHOOLS ACT;
J. SET FORTH THE CIRCUMSTANCES UNDER AND PROCEDURES BY WHICH A PARENT
OR PERSONS IN PARENTAL RELATION TO A STUDENT ACCUSED OF AND AFFECTED BY
STUDENT BEHAVIOR THAT VIOLATES THE CODE OF CONDUCT SHALL BE NOTIFIED OF
CODE OF CONDUCT VIOLATIONS, INCLUDING NOTICE THAT ANY STATEMENT BY THE
STUDENT, WRITTEN OR ORAL, MIGHT BE USED AGAINST THE STUDENT IN A CRIMI-
NAL, IMMIGRATION, OR JUVENILE DELINQUENCY INVESTIGATION AND/OR PROCEED-
ING AND/OR IN A COURT OF LAW;
K. SET FORTH THE CIRCUMSTANCES UNDER AND PROCEDURES BY WHICH A STUDENT
MAY BE REFERRED TO LAW ENFORCEMENT OR A PERSON IN NEED OF SUPERVISION
PETITION AS DEFINED IN ARTICLE SEVEN OF THE FAMILY COURT ACT WILL BE
FILED CONSISTENT WITH SUBPARAGRAPH FIVE OF PARAGRAPH B OF SUBDIVISION
ONE OF THIS SECTION;
L. SET OUT THE CIRCUMSTANCES UNDER AND PROCEDURES BY WHICH STUDENTS
WHO ARE SUSPENDED FROM SCHOOL MAY ALSO BE REFERRED TO ACADEMIC SERVICES,
SCHOOL-BASED SUPPORT SERVICES, OR TO APPROPRIATE HUMAN SERVICES AGEN-
CIES;
M. ENSURE THE CONTINUED EDUCATIONAL PROGRAMMING AND ACTIVITIES FOR
STUDENTS REMOVED FROM THE CLASSROOM OR SUSPENDED FROM SCHOOL. STUDENTS
WHO HAVE BEEN REMOVED FROM THE CLASSROOM OR SUSPENDED FROM SCHOOL SHALL
HAVE THE RIGHT TO CONTINUE THEIR EDUCATION AND RECEIVE INSTRUCTION WHILE
THEY ARE EXCLUDED FROM THE CLASSROOM REGARDLESS OF THE REASON FOR OR
TYPE OF EXCLUSION AS FOLLOWS:
(1) WHEN A STUDENT IS REMOVED FROM A CLASSROOM, THE TEACHER, PRINCIPAL
OR THE PRINCIPAL'S DESIGNEE SHALL PROVIDE THE STUDENT WITH ALL MISSED
CLASSROOM WORK WITHIN TWENTY-FOUR HOURS OF THE REMOVAL AND THE STUDENT
SHALL HAVE THE OPPORTUNITY TO EARN ALL ACADEMIC CREDIT INCLUDING THE
OPPORTUNITY TO COMPLETE ANY MISSED ASSIGNMENTS AND TAKE ANY MISSED EXAM-
INATIONS OR ASSESSMENTS;
(2) WHEN A STUDENT IS SUSPENDED FROM CLASS OR SCHOOL, THE PRINCIPAL OR
THE PRINCIPAL'S DESIGNEE, IN CONSULTATION WITH THE STUDENT'S TEACHERS,
SHALL CREATE AN EDUCATION PLAN FOR THE STUDENT FOR EACH SUBJECT OR CLASS
IN WHICH THE STUDENT IS ENROLLED. THE EDUCATION PLAN SHALL MAKE
PROVISIONS FOR A STUDENT'S ON-GOING ACADEMIC INSTRUCTION DURING THE
SUSPENSION. THE STUDENT SHALL HAVE THE OPPORTUNITY TO EARN ALL ACADEMIC
CREDIT INCLUDING THE OPPORTUNITY TO COMPLETE ANY ASSIGNMENTS AND TAKE
ANY ASSESSMENT OR EXAMINATION MISSED DURING THE STUDENT'S SUSPENSION AND
IF AN ASSESSMENT OR EXAMINATION CANNOT BE RESCHEDULED, THE STUDENT SHALL
BE ALLOWED ON SCHOOL PROPERTY TO TAKE SUCH ASSESSMENT OR EXAMINATION ON
THE DAY THAT THE ASSESSMENT OR EXAMINATION IS GIVEN;
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(3) THE EDUCATION PLAN PURSUANT TO SUBPARAGRAPH TWO OF THIS PARAGRAPH
MAY INCLUDE PLACEMENT OF THE SUSPENDED STUDENT AT AN ALTERNATIVE LEARN-
ING SITE INCLUDING THE STUDENT'S HOME IF AN ALTERNATIVE SITE IS NOT
AVAILABLE AND APPROPRIATE FOR THE STUDENT'S EDUCATION. THE PRINCIPAL OR
THE PRINCIPAL'S DESIGNEE AT THE SCHOOL IN WHICH THE STUDENT IS ENROLLED
SHALL CONSULT WITH THE ADMINISTRATOR OF AN ALTERNATIVE SITE OR, IN THE
CASE OF THE STUDENT'S HOME, WITH THE TEACHER OVERSEEING HOME INSTRUC-
TION, TO MAKE ARRANGEMENTS FOR THE STUDENT'S CONTINUED INSTRUCTION;
(4) EVERY SCHOOL DISTRICT AND CHARTER SCHOOL SHALL PROVIDE TO STUDENTS
WITH DISABILITIES ALL SERVICES AND EDUCATIONAL PROGRAMMING PROTECTIONS
SET FORTH IN THIS SECTION, SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS
CHAPTER AND ALL OTHER APPLICABLE FEDERAL AND STATE LAWS;
(5) SCHOOLS SHALL SCHEDULE A CONFERENCE WITH THE PARENT OR PERSON IN
PARENTAL RELATION AND STUDENT WITHIN FIVE SCHOOL DAYS FROM A STUDENT'S
RETURN TO SCHOOL AFTER ANY SHORT TERM OR LONG TERM SUSPENSION AND
PROVIDE NOTICE OF THE CONFERENCE TO THE PARENT OR PERSON IN PARENTAL
RELATION AND THE STUDENT. THE FAILURE OF THE PARENT OR PERSON IN
PARENTAL RELATION OR STUDENT TO ATTEND SHALL NOT DELAY RE-ENTRY FOLLOW-
ING SUSPENSION. THE CONFERENCE SHALL INCLUDE A DISCUSSION OF THE FOLLOW-
ING:
(A) A FILE OF THE STUDENT'S EDUCATIONAL ACTIVITIES WHILE ON SUSPENSION
THAT CAN BE COUNTED TOWARD CREDIT ACCUMULATION. THIS FILE SHALL INCLUDE
THE STUDENT'S TEST SCORES, GRADES, COMPLETED ASSIGNMENTS, AND TOTAL
CREDITS EARNED WHILE SUSPENDED. THE STUDENT'S EXISTING ACADEMIC RECORD
MAY BE USED FOR THESE PURPOSES, IF THE ACADEMIC RECORD PROVIDES ALL
REQUIRED INFORMATION SET FORTH IN THIS CLAUSE;
(B) THE STEPS THE STUDENT WILL TAKE TO FOLLOW ALL SCHOOL RULES;
(C) THE SUPPORTS THE SCHOOL WILL PROVIDE FOR THE STUDENT TO SUCCESS-
FULLY RE-ENTER SCHOOL;
(D) A DISCUSSION OF WHEN THE RECORD OF SUSPENSION WILL BE EXPUNGED;
AND
(E) ANY OTHER PERTINENT CIRCUMSTANCES.
N. ENSURE such code and [the] ITS enforcement [thereof] are in compli-
ance with state and federal laws relating to students with disabilities;
[h. provisions setting forth the procedures by which local law
enforcement agencies shall be notified of code violations which consti-
tute a crime;
i. provisions setting forth the circumstances under and procedures by
which persons in parental relation to the student shall be notified of
code violations;
j. provisions setting forth the circumstances under and procedures by
which a complaint in criminal court, a juvenile delinquency petition or
person in need of supervision petition as defined in articles three and
seven of the family court act will be filed;
k. circumstances under and procedures by which referral to appropriate
human service agencies shall be made;
l. a minimum suspension period, for students who repeatedly are
substantially disruptive of the educational process or substantially
interfere with the teacher's authority over the classroom, provided that
the suspending authority may reduce such period on a case by case basis
to be consistent with any other state and federal law. For purposes of
this section, the definition of "repeatedly are substantially disrup-
tive" shall be determined in accordance with the regulations of the
commissioner;
m. a minimum suspension period for acts that would qualify the pupil
to be defined as a violent pupil pursuant to paragraph a of subdivision
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two-a of section thirty-two hundred fourteen of this chapter, provided
that the suspending authority may reduce such period on a case by case
basis to be consistent with any other state and federal law;] and
[n.] O. provisions to comply with article two of this chapter.
[3.] 4. The [district] code of conduct shall be developed in collab-
oration with [student, teacher, administrator, and parent organizations,
school safety personnel and other school personnel] REPRESENTATIVES FROM
ALL INTERESTED STAKEHOLDERS INCLUDING STUDENTS, TEACHERS, ADMINISTRA-
TORS, PARENTS, SCHOOL SAFETY PERSONNEL, SUPPORT SERVICES PERSONNEL,
PARENT AND STUDENT ORGANIZATIONS, COLLECTIVE BARGAINING UNITS, AND
OTHERS AS IDENTIFIED BY THE SCHOOL DISTRICT OR CHARTER SCHOOL and shall
be approved by the board of education, [or] BOARD OF TRUSTEES, other
governing body, or by the chancellor of the city school district in the
case of the city school district of the city of New York. In the city
school district of the city of New York, each community district educa-
tion council shall be authorized to adopt and implement additional poli-
cies, which are consistent with AND NO MORE RESTRICTIVE THAN the city
district's district-wide code of conduct, to reflect the individual
needs of each community school district provided that such additional
policies shall require the approval of the chancellor.
[4. The board of education, chancellor or other governing body shall
provide copies of a summary of the code of conduct to all students at a
general assembly held at the beginning of the school year and shall make
copies of the code available to persons in parental relation to students
at the beginning of each school year, and shall mail a plain language
summary of such code to all persons in parental relation to students
before the beginning of each school year, and make it available there-
after upon request. The board of education, chancellor or other govern-
ing body shall take reasonable steps to ensure community awareness of
the code provisions.]
5. [a.] THE BOARD OF EDUCATION, BOARD OF TRUSTEES, OTHER GOVERNING
BODY, OR THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE OF THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK SHALL HOLD AT LEAST ONE
PUBLIC HEARING ABOUT THE PROPOSED CODE OF CONDUCT BEFORE ITS ADOPTION OR
AMENDMENT. THE SCHOOL DISTRICT OR CHARTER SCHOOL SHALL NOTIFY THE SCHOOL
COMMUNITY AND GENERAL PUBLIC ABOUT THE HEARING AT LEAST THIRTY DAYS
PRIOR TO THE DATE OF THE HEARING. SUCH NOTICE SHALL INCLUDE THE DATE,
TIME AND PLACE OF THE HEARING, THE AGENDA, A COPY OF THE PROPOSED CODE
OF CONDUCT AND INFORMATION ABOUT A PUBLIC COMMENT PERIOD AS DETERMINED
BY THE SCHOOL DISTRICT OR CHARTER SCHOOL. THE SCHOOL DISTRICT OR CHAR-
TER SCHOOL SHALL TAKE NECESSARY STEPS TO NOTIFY FAMILIES WHO DO NOT
SPEAK ENGLISH AND WHOSE CHILDREN ATTEND A SCHOOL IN THE DISTRICT OR A
CHARTER SCHOOL.
6. UPON ADOPTION OR AMENDMENT OF THE CODE OF CONDUCT, THE SCHOOL
DISTRICT OR CHARTER SCHOOL SHALL:
A. FILE A COPY OF ITS CODE OF CONDUCT AND ANY AMENDMENTS TO SUCH CODE
WITH THE COMMISSIONER NO LATER THAN THIRTY DAYS AFTER THEIR ADOPTION;
B. TRANSLATE THE CODE OF CONDUCT INTO THOSE LANGUAGES SPOKEN BY THREE
PERCENT OR MORE OF THE FAMILIES WHOSE CHILDREN ATTEND A SCHOOL IN THE
SCHOOL DISTRICT OR A CHARTER SCHOOL;
C. AT THE BEGINNING OF EACH SCHOOL YEAR, POST THE CODE OF CONDUCT ON
THE SCHOOL DISTRICT OR CHARTER SCHOOL'S WEBSITE AND SCHOOL WEB SITE, IF
ANY, AND PROVIDE A COPY OF THE CODE OF CONDUCT TO PARENTS OR PERSONS IN
PARENTAL RELATION TO STUDENTS IN THE DISTRICT'S SCHOOLS OR CHARTER
SCHOOL;
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D. DISTRIBUTE THE CODE OF CONDUCT TO ALL STUDENTS IN SCHOOL AT ONE OR
MORE GENERAL ASSEMBLIES OR OTHER CLASSROOM LEVEL LESSONS DEDICATED TO
THE PROVISIONS OF THE CODE OF CONDUCT; AND
E. AT THE BEGINNING OF EACH SCHOOL YEAR, EACH SCHOOL SHALL EXPLAIN ITS
CODE OF CONDUCT TO STUDENTS IN ONE OR MORE GENERAL ASSEMBLIES OR CLASS-
ROOM LEVEL LESSONS.
7. The board of education, BOARD OF TRUSTEES, chancellor or other
governing body shall annually review and update the district's [codes]
OR CHARTER SCHOOL'S CODE of conduct if necessary, taking into consider-
ation the effectiveness of THE code OF CONDUCT'S provisions and the
fairness and consistency of its administration. Each school district AND
CHARTER SCHOOL is authorized to establish a committee and to facilitate
the review of the code of conduct and the district's OR CHARTER SCHOOL'S
response to code of conduct violations. Any such committee shall be
comprised of similar individuals described in subdivision [three] FOUR
of this section. [The school board, chancellor, or other governing body
shall reapprove any such updated code only after at least one public
hearing that provides for the participation of school personnel,
parents, students and any other interested parties.
b. Each district shall file a copy of its codes of conduct with the
commissioner and all amendments to such code shall be filed with the
commissioner no later than thirty days after their adoption.]
8. A. THE COMMISSIONER SHALL PROMULGATE REGULATIONS IN ACCORDANCE
WITH THIS SECTION, WHICH SHALL ADDRESS THE DEVELOPMENT, IMPLEMENTATION
AND EVALUATION OF A SCHOOL DISTRICT'S OR CHARTER SCHOOL'S CODE OF
CONDUCT AND SHALL INCLUDE BUT NOT BE LIMITED TO:
(1) ONE OR MORE MODEL CODES OF CONDUCT DESIGNED TO REDUCE THE USE OF
SUSPENSIONS THAT MEET THE REQUIREMENTS OF THIS SECTION AND SECTION THIR-
TY-TWO HUNDRED FOURTEEN OF THIS CHAPTER;
(2) BEST PRACTICES FOR AGE-APPROPRIATE, GRADUATED AND PROPORTIONATE
DISCIPLINE AS SET OUT IN THIS SECTION;
(3) A MATRIX OF STUDENT MISCONDUCT AND THE INTERVENTIONS AND DISCIPLI-
NARY MEASURES THAT PROVIDE AGE APPROPRIATE, GRADUATED AND PROPORTIONATE
INTERVENTION DESIGNED TO REDUCE RELIANCE ON SUSPENSIONS AND REFERRALS TO
LAW ENFORCEMENT;
(4) GUIDELINES FOR APPROPRIATE SCHOOL-WIDE IMPLEMENTATION OF RESTORA-
TIVE PRACTICES; AND
(5) FORMS NECESSARY TO IMPLEMENT STUDENT NOTIFICATION AND DUE PROCESS
REQUIREMENTS OF THIS SECTION AND SECTION THIRTY-TWO HUNDRED FOURTEEN OF
THIS CHAPTER.
B. THE DEPARTMENT SHALL COLLECT AND EVERY SCHOOL DISTRICT AND CHARTER
SCHOOL SHALL REPORT TO THE DEPARTMENT DATA ABOUT THE IMPLEMENTATION OF
STUDENT CODES OF CONDUCT AS REQUIRED BY FEDERAL LAW. ON OR BEFORE NOVEM-
BER FIRST OF EACH YEAR, THE DEPARTMENT SHALL MAKE AVAILABLE TO THE
PUBLIC, BY SCHOOL DISTRICT AND CHARTER SCHOOL, THE DATA REGARDING
STUDENT DISCIPLINE FROM THE PRECEDING YEAR. ON OR BEFORE DECEMBER FIRST
OF EACH YEAR THE DEPARTMENT SHALL SUBMIT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY AND THE CHAIRS OF
THE ASSEMBLY AND SENATE EDUCATION COMMITTEES A REPORT THAT SUMMARIZES
AND ANALYZES THE DATA COLLECTED ABOUT STUDENT DISCIPLINE INCLUDING BUT
NOT LIMITED TO A REVIEW AND EVALUATION OF SCHOOL APPLICATION OF CODES OF
CONDUCT FOR FAIR AND CONSISTENT APPLICATION, RECOMMENDATIONS ABOUT POLI-
CIES AND PRACTICES FOR SCHOOL CODES OF CONDUCT, AND THE TECHNICAL
ASSISTANCE THE DEPARTMENT IS PROVIDING REGARDING STUDENT DISCIPLINE.
§ 2. Subdivision 3 of section 2801 of the education law, as added by
chapter 181 of the laws of 2000, is amended to read as follows:
A. 1981 9
[3.] 4. The [district] code of conduct shall be developed in collab-
oration with [student, teacher, administrator, and parent organizations,
school safety personnel and other school personnel] REPRESENTATIVES FROM
ALL INTERESTED STAKEHOLDERS INCLUDING STUDENTS, TEACHERS, ADMINISTRA-
TORS, PARENTS, SCHOOL SAFETY PERSONNEL, SUPPORT SERVICES PERSONNEL,
PARENT AND STUDENT ORGANIZATIONS, COLLECTIVE BARGAINING UNITS, AND
OTHERS AS IDENTIFIED BY THE SCHOOL DISTRICT OR CHARTER SCHOOL and shall
be approved by the board of education, [or] BOARD OF TRUSTEES, other
governing body, or by the chancellor of the city school district in the
case of the city school district of the city of New York. In the city
school district of the city of New York, each community school district
board shall be authorized to adopt and implement additional policies,
which are consistent with AND NO MORE RESTRICTIVE THAN the city
district's district-wide code of conduct, to reflect the individual
needs of each community school district provided that such additional
policies shall require the approval of the chancellor.
§ 3. Section 3214 of the education law, as amended by chapter 181 of
the laws of 2000, subparagraph 1 of paragraph c of subdivision 3 as
amended by chapter 430 of the laws of 2006, paragraphs d and f of subdi-
vision 3 as amended by chapter 425 of the laws of 2002, paragraph e of
subdivision 3 as amended by chapter 170 of the laws of 2006, paragraph g
of subdivision 3 as amended by chapter 352 of the laws of 2005, clause
(v) of subparagraph 3 of paragraph g of subdivision 3 as amended by
chapter 378 of the laws of 2007, paragraphs a, b and c of subdivision
3-a as amended by chapter 147 of the laws of 2001 and subdivision 7 as
amended by section 9 of part YYY of chapter 59 of the laws of 2017, is
amended to read as follows:
§ 3214. Student INTERVENTIONS, placement, suspensions and transfers.
1. [School delinquent. A minor under seventeen years of age, required by
any of the provisions of part one of this article to attend upon
instruction, who is an habitual truant from such instruction or is
irregular in such attendance or insubordinate or disorderly or disrup-
tive or violent during such attendance, is a school delinquent.
2. Special day schools.] ALTERNATIVE LEARNING SITES. The school
authorities of any city [or], school district OR CHARTER SCHOOL may
establish schools or set apart rooms in [public] school buildings OR
PROPERTIES for the instruction of [school delinquents] STUDENTS REMOVED
OR SUSPENDED FOR VIOLATIONS OF THE CODE OF CONDUCT IN ACCORDANCE WITH
THIS SECTION AND SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER, and
fix the number of days per week and the hours per day of required
attendance AND INSTRUCTION, which shall not be less than is required of
minors attending the full time day schools.
[2-a. a. Violent pupil. For the purposes of this section, a violent
pupil is an elementary or secondary student under twenty-one years of
age who:
(1) commits an act of violence upon a teacher, administrator or other
school employee;
(2) commits, while on school district property, an act of violence
upon another student or any other person lawfully upon said property;
(3) possesses, while on school district property, a gun, knife,
explosive or incendiary bomb, or other dangerous instrument capable of
causing physical injury or death;
(4) displays, while on school district property, what appears to be a
gun, knife, explosive or incendiary bomb or other dangerous instrument
capable of causing death or physical injury;
A. 1981 10
(5) threatens, while on school district property, to use any instru-
ment that appears capable of causing physical injury or death;
(6) knowingly and intentionally damages or destroys the personal prop-
erty of a teacher, administrator, other school district employee or any
person lawfully upon school district property; or
(7) knowingly and intentionally damages or destroys school district
property.
b. Disruptive pupil. For the purposes of this section, a disruptive
pupil is an elementary or secondary student under twenty-one years of
age who is substantially disruptive of the educational process or
substantially interferes with the teacher's authority over the class-
room.
3. Suspension] 2. DISCIPLINE of a [pupil] STUDENT. a. [The board of
education, board of trustees or sole trustee, the superintendent of
schools, district superintendent of schools or principal of a school may
suspend the following pupils] (1) STUDENTS MAY BE SUSPENDED from
required attendance [upon instruction: A pupil who is insubordinate or
disorderly or violent or disruptive, or whose conduct otherwise endan-
gers the safety, morals, health or welfare of others.] IN ACCORDANCE
WITH PARAGRAPHS B AND C OF THIS SUBDIVISION; PROVIDED, HOWEVER, THAT
DECISIONS ABOUT APPROPRIATE DISCIPLINE AND INTERVENTIONS IN RESPONSE TO
STUDENT BEHAVIOR THAT HAS BEEN DETERMINED TO VIOLATE A SCHOOL'S CODE OF
CONDUCT SHALL WEIGH THE LIKELIHOOD THAT A LESSER INTERVENTION OR DISCI-
PLINE WOULD ADEQUATELY ADDRESS THE STUDENT'S MISCONDUCT, REDRESS ANY
HARM OR DAMAGE, AND PREVENT FUTURE VIOLATIONS OF THE CODE OF CONDUCT.
SUSPENSIONS SHOULD ONLY BE USED AS A LAST RESORT.
(2) THE SCHOOL SHALL CONDUCT AN INVESTIGATION OF ANY REPORT OF A
VIOLATION OF THE CODE OF CONDUCT. SUCH INVESTIGATION SHALL INCLUDE AN
INTERVIEW OF THE ALLEGED VICTIM AND THE WITNESSES TO THE INCIDENT; A
REQUEST FOR SIGNED, WRITTEN STATEMENTS FROM THE ALLEGED VICTIM AND
WITNESSES; AND IDENTIFICATION AND REVIEW OF DOCUMENTARY, PHOTOGRAPHIC,
VIDEO AND OTHER EVIDENCE. THE SCHOOL SHALL INFORM ANY STUDENT THAT
SUBMISSION OF A WRITTEN STATEMENT IS VOLUNTARY.
(3) IF A STUDENT HAS BEEN ARRESTED OR IF THE SCHOOL IS CONSIDERING
REFERRING THE STUDENT TO LAW ENFORCEMENT, THE SCHOOL SHALL NOT REQUEST A
STATEMENT FROM SUCH STUDENT, EXCEPT WHEN THERE IS IMMINENT RISK OF SERI-
OUS PHYSICAL INJURY TO THE STUDENT OR OTHER PERSON OR PERSONS.
(4) THE SCHOOL SHALL DETERMINE WHETHER APPROPRIATE INTERVENTIONS,
INCLUDING RESTORATIVE DISCIPLINE, CAN ADDRESS THE ALLEGED VIOLATION OF
THE CODE OF CONDUCT WITHOUT SUSPENSION. THE SCHOOL SHOULD EVALUATE THE
EFFECTIVENESS OF THE INTERVENTION AND USE MULTIPLE TYPES OF INTERVENTION
WHERE APPROPRIATE AND AVAILABLE.
(5) DISCIPLINARY DETERMINATIONS SHALL BE BASED ON THE FACTS OF EACH
CASE INCLUDING, BUT NOT LIMITED TO:
(I) THE NATURE AND IMPACT OF THE STUDENT'S ALLEGED MISCONDUCT, INCLUD-
ING BUT NOT LIMITED TO THE HARM TO THE STUDENT OR OTHER PERSONS, DAMAGE
TO PERSONAL OR SCHOOL PROPERTY, OR THREAT TO THE SAFETY AND WELFARE OF
THE SCHOOL COMMUNITY;
(II) THE STUDENT'S AGE, ABILITY TO SPEAK OR UNDERSTAND ENGLISH, PHYS-
ICAL HEALTH, MENTAL HEALTH, DISABILITIES AND PROVISIONS OF AN INDIVID-
UALIZED EDUCATION PROGRAM, AS IT RELATES TO HIS OR HER BEHAVIOR;
(III) THE STUDENT'S WILLINGNESS TO RESOLVE THE CONFLICT AND REPAIR ANY
HARM OR DAMAGE;
(IV) THE STUDENT'S PRIOR CONDUCT, APPROPRIATENESS OF PRIOR INTER-
VENTIONS AND THE STUDENT'S RESPONSE TO PRIOR INTERVENTIONS; AND
A. 1981 11
(V) OTHER FACTORS AS DETERMINED BY SCHOOL PERSONNEL AND THE STUDENT TO
BE RELEVANT INCLUDING THE CIRCUMSTANCES SURROUNDING THE STUDENT'S
ACTIONS AND A REVIEW OF THE STUDENT'S ACADEMIC PLACEMENT AND PROGRAM FOR
ITS RELATIONSHIP, IF ANY, TO THE STUDENT'S BEHAVIOR AND ALLEGED
VIOLATION OF THE CODE OF CONDUCT.
b. [(1)] SHORT TERM SUSPENSION. The board of education, board of trus-
tees, [or sole trustee] OTHER GOVERNING BODY, THE CHANCELLOR OF THE CITY
SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY OF
NEW YORK, superintendent of schools, district superintendent of schools
and the principal of the school where the [pupil] STUDENT attends shall
have the power to suspend [a pupil] for a period not to exceed five
school days[. In the case of] ANY STUDENT WHO ENGAGES IN BEHAVIOR THAT
RESULTS IN SERIOUS PHYSICAL INJURY TO STUDENTS, STAFF, OR OTHERS OR ANY
STUDENT WHO IS IN GRADES FOUR TO TWELVE, IF A DETERMINATION IS MADE THAT
THE STUDENT ENGAGED IN BEHAVIOR THAT VIOLATED THE CODE OF CONDUCT FOR
WHICH SHORT TERM SUSPENSION MAY BE WARRANTED. EXCEPT AS SET FORTH BELOW,
PRIOR TO such a suspension, the [suspending authority] STUDENT, PARENT
OR PERSON IN PARENTAL RELATION shall [provide the pupil] BE PROVIDED
with WRITTEN notice of the charged misconduct, INCLUDING A BRIEF EXPLA-
NATION OF THE BASIS FOR THE SUSPENSION AND DESCRIPTION OF THE ALLEGED
BEHAVIOR THAT VIOLATED THE CODE OF CONDUCT, THAT INCLUDES THE DATE, TIME
AND PLACE OF THE SCHEDULED INFORMAL CONFERENCE WITH THE PRINCIPAL. [If
the pupil denies the misconduct, the suspending authority shall provide
an explanation of the basis for the suspension.] The [pupil] STUDENT and
the PARENT OR person in parental relation to the [pupil] STUDENT shall[,
on request,] be given an opportunity for an informal conference with the
principal [at which]. AT THE CONFERENCE, the [pupil and/or] STUDENT AND
PARENT OR person in parental relation shall be authorized to REVIEW ALL
EVIDENCE OF THE ALLEGED MISCONDUCT, present the [pupil's] STUDENT'S
version of the event [and to], ask questions of the complaining
witnesses, AND BE REPRESENTED BY AN ATTORNEY OR ADVOCATE. The aforesaid
notice and opportunity for an informal conference shall take place prior
to suspension of the [pupil] STUDENT unless the [pupil's presence in the
school poses a continuing danger to persons or property or an ongoing
threat of disruption to the academic process,] STUDENT'S MISCONDUCT
PHYSICALLY INJURES OR POSES AN IMMEDIATE THREAT OF SERIOUS PHYSICAL
INJURY TO THE STUDENT OR OTHER PERSON OR PERSONS, in which case the
[pupil's] STUDENT'S notice and opportunity for an informal conference
shall take place as soon after the suspension as is reasonably practica-
ble BUT IN NO CASE MORE THAN FORTY-EIGHT HOURS AFTER SUCH REMOVAL;
PROVIDED THAT IF SUCH FORTY-EIGHT HOUR PERIOD DOES NOT END ON A SCHOOL
DAY, IT SHALL BE EXTENDED TO THE CORRESPONDING TIME ON THE SECOND SCHOOL
DAY NEXT FOLLOWING THE STUDENT'S REMOVAL. IF SUSPENSION IS IMPOSED, THE
PRINCIPAL OR HIS OR HER DESIGNEE SHALL CREATE AN EDUCATION PLAN FOR THE
STUDENT CONSISTENT WITH SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAP-
TER, AND A PLAN FOR THE STUDENT'S REINSTATEMENT TO SCHOOL. THE PRINCIPAL
SHALL ISSUE A WRITTEN DECISION TO THE PARENT OR PERSON IN PARENTAL
RELATION TO THE STUDENT ABOUT ANY DISCIPLINARY ACTION WITHIN TWO DAYS OF
THE CONFERENCE. IF THE PRINCIPAL DETERMINES THAT A SUSPENSION OF FIVE
SCHOOL DAYS OR LESS IS WARRANTED, THE WRITTEN DECISION SHALL STATE THE
LENGTH OF THE SUSPENSION, FINDINGS OF FACT, REASONS FOR THE DETERMI-
NATION, THE PROCEDURES FOR AN APPEAL AND THE DATE BY WHICH AN APPEAL
SHALL BE FILED. A STUDENT SUSPENDED FOR VIOLATING THE CODE OF CONDUCT
MAY APPEAL A SUSPENSION OF FIVE DAYS OR LESS TO THE SCHOOL DISTRICT
SUPERINTENDENT, BOARD OF EDUCATION, BOARD OF TRUSTEES, OTHER GOVERNING
BODY OR CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE OF THE CITY
A. 1981 12
SCHOOL DISTRICT OF THE CITY OF NEW YORK AS DESIGNATED IN THE SCHOOL CODE
OF CONDUCT WITHIN THIRTY DAYS. A WRITTEN DECISION ON THE APPEAL SHALL BE
SENT TO THE PARENT OR PERSON IN PARENTAL RELATION AND THE STUDENT WITHIN
THIRTY DAYS.
[(2) A teacher shall immediately report and refer a violent pupil to
the principal or superintendent for a violation of the code of conduct
and a minimum suspension period pursuant to section twenty-eight hundred
one of this chapter.]
c. (1) [No pupil may be suspended for a period in excess of five
school days] LONG TERM SUSPENSION. THE BOARD OF EDUCATION, BOARD OF
TRUSTEES, OTHER GOVERNING BODY, THE CHANCELLOR OF THE CITY SCHOOL
DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK, SUPERINTENDENT OF SCHOOLS OR DISTRICT SUPERINTENDENT OF SCHOOLS
WHERE THE STUDENT ATTENDS SHALL HAVE THE POWER TO SUSPEND FOR A PERIOD
NOT TO EXCEED TWENTY SCHOOL DAYS ANY STUDENT WHO ENGAGES IN BEHAVIOR
THAT RESULTS IN SERIOUS PHYSICAL INJURY TO STUDENTS, STAFF, OR OTHERS OR
ANY STUDENT WHO IS IN GRADES FOUR TO TWELVE, IF A DETERMINATION IS MADE
THAT THE STUDENT ENGAGED IN BEHAVIOR THAT VIOLATED THE CODE OF CONDUCT
FOR WHICH LONG TERM SUSPENSION MAY BE WARRANTED. SUCH SUSPENSION SHALL
NOT BE IMPOSED unless such [pupil] STUDENT and the PARENT OR person in
parental relation to such [pupil] STUDENT shall have had an opportunity
for a fair hearing[, upon reasonable]. ONCE A DECISION HAS BEEN MADE TO
SEEK A LONG TERM SUSPENSION, WRITTEN NOTICE SHALL BE PROVIDED TO THE
STUDENT AND THE PARENT OR PERSON IN PARENTAL RELATION TO THE STUDENT.
SUCH WRITTEN notice, [at which such pupil] SHALL INCLUDE A DESCRIPTION
OF THE FACTS AND CIRCUMSTANCES UPON WHICH THE ALLEGED VIOLATIONS OF THE
CODE OF CONDUCT ARE BASED, THE SECTION OF THE CODE OF CONDUCT THAT THE
STUDENT IS CHARGED TO HAVE VIOLATED AND THE DISCIPLINARY ACTION THAT MAY
BE WARRANTED, THE LENGTH OF A POSSIBLE SUSPENSION, COPIES OF ALL
EVIDENCE REGARDING THE ALLEGED INCIDENT, AND THE DATE, TIME AND PLACE
SCHEDULED FOR THE HEARING. SUCH HEARING SHALL BE CONVENED WITHIN FIVE
DAYS OF THE WRITTEN NOTICE, UNLESS THE PARENT OR PERSON IN PARENTAL
RELATION OR STUDENT REQUESTS A LATER DATE. AT THE HEARING, THE STUDENT
shall have the right of representation by counsel, with the right to
REQUEST THE PRESENCE OF AND question witnesses against such [pupil]
STUDENT and to REQUEST THE PRESENCE OF AND present witnesses and other
evidence on his or her behalf. Where the [pupil] STUDENT is a student
with a disability or a student presumed to have a disability, the
provisions of [paragraph g of this] subdivision SIX OF THIS SECTION
shall also apply. [Where a pupil has been suspended in accordance with
this subparagraph by a superintendent of schools, district superinten-
dent of schools, or community superintendent, the superintendent shall
personally hear and determine the proceeding or may, in his or her
discretion, designate a hearing officer to conduct the hearing. The
hearing officer] THE BOARD OF EDUCATION, BOARD OF TRUSTEES, OTHER
GOVERNING BODY, THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE
OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, SUPERINTENDENT OF
SCHOOLS OR DISTRICT SUPERINTENDENT SHALL CONDUCT THE HEARING AND ISSUE A
DECISION, OR MAY DESIGNATE A HEARING OFFICER TO DO SO. THE ENTITY OR
INDIVIDUAL THAT CONDUCTS THE HEARING shall be authorized to administer
oaths and to issue subpoenas in conjunction with the proceeding [before
him or her]. A record of the hearing shall be maintained, but no steno-
graphic transcript shall be required and [a tape] AN AUDIO recording
shall be deemed a satisfactory record. THE ENTITY OR INDIVIDUAL CONDUCT-
ING SUCH HEARING SHALL CONSIDER ONLY THE EVIDENCE PRESENTED AT THE HEAR-
ING, DETERMINE WHETHER THE CHARGE HAS BEEN ESTABLISHED BY A PREPONDER-
A. 1981 13
ANCE OF THE EVIDENCE AND MAY UPHOLD, REDUCE OR DISMISS THE PROPOSED
CHARGE. The [hearing officer] ENTITY OR INDIVIDUAL CONDUCTING SUCH HEAR-
ING shall make WRITTEN findings of fact and [recommendations as to]
SHALL DECIDE the appropriate measure of discipline [to the superinten-
dent. The report of the hearing officer shall be advisory only, and the
superintendent may accept all or any part thereof. An appeal will lie
from the decision of the superintendent to the board of education who
shall make its decision solely upon the record before it. The board may
adopt in whole or in part the decision of the superintendent of
schools.], IF ANY. THE ENTITY OR INDIVIDUAL CONDUCTING SUCH HEARING
SHALL ISSUE A WRITTEN DECISION TO THE SCHOOL AND THE PARENT OR PERSON IN
PARENTAL RELATION TO THE STUDENT WITHIN THREE DAYS OF THE HEARING. IF
THE ENTITY OR INDIVIDUAL CONDUCTING THE HEARING DETERMINES THAT A
SUSPENSION OF SIX TO TWENTY DAYS IS WARRANTED, THE WRITTEN DECISION
SHALL STATE THE LENGTH OF THE SUSPENSION, FINDINGS OF FACT, REASONS FOR
THE DETERMINATION, PROCEDURES FOR APPEAL, AND THE DATE BY WHICH THE
APPEAL SHALL BE FILED. Where the basis for the suspension is, in whole
or in part, the possession on school grounds or school property by the
student of any firearm, rifle, shotgun, dagger, dangerous knife, dirk,
razor, stiletto or any of the weapons, instruments or appliances speci-
fied in subdivision one of section 265.01 of the penal law, the hearing
officer or superintendent shall not be barred from considering the
admissibility of such weapon, instrument or appliance as evidence,
notwithstanding a determination by a court in a criminal or juvenile
delinquency proceeding that the recovery of such weapon, instrument or
appliance was the result of an unlawful search or seizure. IF SUSPENSION
IS IMPOSED, THE SCHOOL DISTRICT OR CHARTER SCHOOL SHALL ESTABLISH AN
EDUCATION PLAN FOR THE STUDENT CONSISTENT WITH THE REQUIREMENTS IN
SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER, INCLUDING ACADEMIC AND
SUPPORT SERVICES, AND A PLAN FOR THE STUDENT'S REINSTATEMENT TO SCHOOL.
(2) [Where a pupil has been suspended in accordance with this section
by a board of education, the board may in its discretion hear and deter-
mine the proceeding or appoint a hearing officer who shall have the same
powers and duties with respect to the board that a hearing officer has
with respect to a superintendent where the suspension was ordered by
him. The findings and recommendations of the hearing officer conducting
the proceeding shall be advisory and subject to final action by the
board of education, each member of which shall before voting review the
testimony and acquaint himself with the evidence in the case. The board
may reject, confirm or modify the conclusions of the hearing officer.]
APPEAL. THE STUDENT OR PARENT OR PERSON IN PARENTAL RELATION TO THE
STUDENT SHALL HAVE A RIGHT TO APPEAL THE DECISION OF THE HEARING OFFI-
CER, SUPERINTENDENT OF SCHOOL OR DISTRICT SUPERINTENDENT TO THE BOARD OF
EDUCATION, BOARD OF TRUSTEES, OTHER GOVERNING BODY, OR THE CHANCELLOR OF
THE CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE
CITY OF NEW YORK. THE APPEAL SHALL BE HEARD ONLY BY AN ENTITY OR INDI-
VIDUAL WHO WAS NOT INVOLVED IN THE INITIAL DETERMINATION OR HEARING
REGARDING THE SUSPENSION OF THE STUDENT. THE ENTITY OR INDIVIDUAL HEAR-
ING THE APPEAL SHALL ISSUE A WRITTEN DECISION WITHIN TWENTY DAYS OF THE
FILING OF THE APPEAL. THE SUSPENSION MAY BE UPHELD, REDUCED OR
DISMISSED. THE STUDENT OR PARENT OR PERSON IN PARENTAL RELATION TO THE
STUDENT MAY APPEAL ANY ADVERSE DETERMINATION BY THE BOARD OF EDUCATION,
BOARD OF TRUSTEES, OTHER GOVERNING BODY, OR THE CHANCELLOR OF THE CITY
SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY OF
NEW YORK TO THE COMMISSIONER PURSUANT TO THE REGULATIONS OF THE COMMIS-
SIONER. THE STUDENT OR PARENT OR PERSON IN PARENTAL RELATION TO THE
A. 1981 14
STUDENT MAY APPEAL AN ADVERSE DECISION OF THE COMMISSIONER TO THE STATE
SUPREME COURT WITHIN FOUR MONTHS OF RECEIPT OF THE DECISION BY THE
COMMISSIONER.
[d. (1)] 3. FIREARMS. A. Consistent with the federal gun-free schools
act, any public school [pupil] STUDENT who is determined under [this]
subdivision TWO OF THIS SECTION to have brought a firearm to or
possessed a firearm at a public school shall be suspended for a period
of not less than one calendar year and any nonpublic school [pupil]
STUDENT participating in a program operated by a public school district
using funds from the elementary and secondary education act of nineteen
hundred sixty-five who is determined under [this] subdivision TWO OF
THIS SECTION to have brought a firearm to or possessed a firearm at a
public school or other premises used by the school district to provide
such programs shall be suspended for a period of not less than one
calendar year from participation in such program. The procedures of this
subdivision shall apply to such a suspension of a nonpublic school
[pupil] STUDENT. A superintendent of schools, district superintendent of
schools or community superintendent shall have the authority to modify
this suspension requirement for each student on a case-by-case basis.
The determination of a superintendent shall be subject to review by the
board of education, BOARD OF TRUSTEES, OTHER GOVERNING BODY OR THE CHAN-
CELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK, pursuant to paragraph c of [this]
subdivision TWO OF THIS SECTION and the commissioner pursuant to section
three hundred ten of this chapter. Nothing in this subdivision shall be
deemed to authorize the suspension of a student with a disability in
violation of the individuals with disabilities education act or article
eighty-nine of this chapter. A superintendent shall refer the [pupil]
STUDENT under the age of sixteen who has been determined to have brought
a weapon or firearm to school in violation of [this] subdivision TWO OF
THIS SECTION to a presentment agency for a juvenile delinquency proceed-
ing consistent with article three of the family court act except a
student fourteen or fifteen years of age who qualifies for juvenile
offender status under subdivision forty-two of section 1.20 of the crim-
inal procedure law. A superintendent shall refer any [pupil] STUDENT
sixteen years of age or older or a student fourteen or fifteen years of
age who qualifies for juvenile offender status under subdivision forty-
two of section 1.20 of the criminal procedure law, who has been deter-
mined to have brought a weapon or firearm to school in violation of
[this] subdivision TWO OF THIS SECTION to the appropriate law enforce-
ment officials.
[(2)] B. Nothing in this paragraph shall be deemed to mandate such
action by a school district pursuant to subdivision [one] TWO of this
section where such weapon or firearm is possessed or brought to school
with the written authorization of such educational institution in a
manner authorized by article two hundred sixty-five of the penal law for
activities approved and authorized by the BOARD OF trustees [or], board
of education [or], other governing body [of the public school], OR THE
CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK and such governing body adopts appro-
priate safeguards to ensure student safety.
[(3)] C. As used in this paragraph:
(i) "firearm" shall mean a firearm as defined in subsection a of
section nine hundred twenty-one of title eighteen of the United States
Code; and
A. 1981 15
(ii) "weapon" shall be as defined in paragraph 2 of subsection g of
section nine hundred thirty of title eighteen of the United States Code.
[e.] 4. Procedure after suspension. Where a [pupil] STUDENT has been
suspended pursuant to [this] subdivision TWO OF THIS SECTION and said
[pupil is of compulsory attendance age] STUDENT HAS THE LEGAL RIGHT TO
ATTEND SCHOOL, immediate steps shall be taken [for] TO ENSURE his or her
attendance upon instruction elsewhere [or for supervision or detention
of said pupil pursuant to the provisions of article seven of the family
court act] CONSISTENT WITH THE REQUIREMENTS OF PARAGRAPH M OF SUBDIVI-
SION THREE OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER. Where a
[pupil] STUDENT has been suspended for cause, the suspension may be
revoked by the board of education, BOARD OF TRUSTEES, OTHER GOVERNING
BODY OR THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE OF THE
CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, whenever it appears to be
[for] IN the best interest of the school and the [pupil] STUDENT to do
so. The [board of education may also condition a] student's early return
to school and suspension revocation MAY BE CONDITIONED on the [pupil's]
STUDENT'S voluntary participation in counseling or specialized classes,
including anger management or dispute resolution, where applicable.
[f.] 5. DEFINITION. Whenever the term "board of education, BOARD OF
TRUSTEES, OTHER GOVERNING BODY, THE CHANCELLOR OF THE CITY SCHOOL
DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK, or superintendent of schools" is used in this [subdivision]
SECTION, it shall be deemed to include CHARTER SCHOOLS, community boards
of education and community superintendents governing community districts
in accordance with the provisions of article fifty-two-A of this chap-
ter.
[g.] 6. Discipline of students with disabilities and students presumed
to have a disability for discipline purposes. [(1)] A. Notwithstanding
any other provision of this [subdivision] SECTION to the contrary, a
student with a disability as such term is defined in section forty-four
hundred one of this chapter and a student presumed to have a disability
for discipline purposes, may be suspended or removed from his or her
current educational placement for violation of [school rules only] THE
CODE OF CONDUCT in accordance with the procedures established in this
section, the regulations of the commissioner implementing this [para-
graph] SECTION, and subsection (k) of section fourteen hundred fifteen
of title twenty of the United States code and the federal regulations
implementing such statute, as such federal law and regulations are from
time to time amended. Nothing in this [paragraph] SECTION shall be
construed to confer greater rights on such students than are conferred
under applicable federal law and regulations, or to limit the ability of
a school district to change the educational placement of a student with
a disability in accordance with the procedures in article eighty-nine of
this chapter.
[(2)] B. As used in this [paragraph] SUBDIVISION:
(1) a "student presumed to have a disability for discipline purposes"
shall mean a student who the school district is deemed to have knowledge
was a student with a disability before the behavior that precipitated
disciplinary action under the criteria in subsection (k) (5) of section
fourteen hundred fifteen of title twenty of the United States code and
the federal regulations implementing such statute; and
[(ii)] (2) a "manifestation team" means a representative of the school
district, the parent or person in parental relation, and relevant
members of the committee on special education, as determined by the
parent or person in parental relation and the district.
A. 1981 16
[(3)] C. In applying the federal law consistent with this section:
[(i)] (1) in the event of a conflict between the procedures estab-
lished in this section and those established in subsection (k) of
section fourteen hundred fifteen of title twenty of the United States
code and the federal regulations implementing such statute, such federal
statute and regulations shall govern.
[(ii)] (2) the BOARD OF trustees or board of education of any school
district OR OTHER GOVERNING BODY OR THE CHANCELLOR OF THE CITY SCHOOL
DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK, a district superintendent of schools or a building principal shall
have authority to order the placement of a student with a disability
into an appropriate interim alternative educational setting, another
setting or suspension for a period not to exceed five consecutive school
days where such student is suspended pursuant to this subdivision and,
except as otherwise provided in [clause (vi)] PARAGRAPH F of this
[subparagraph] SUBDIVISION, the suspension does not result in a change
in placement under federal law.
[(iii)] (3) the superintendent of schools of a school district, either
directly or upon recommendation of a hearing officer designated pursuant
to paragraph c of [this] subdivision TWO OF THIS SECTION, may order the
placement of a student with a disability into an interim alternative
educational setting, another setting or suspension for up to ten consec-
utive school days, inclusive of any period in which the student is
placed in an appropriate interim alternative educational setting, anoth-
er setting or suspension pursuant to clause [(ii)] TWO of this subpara-
graph for the behavior, where the superintendent determines in accord-
ance with the procedures set forth in this subdivision that the student
has engaged in behavior that VIOLATES THE CODE OF CONDUCT AND warrants a
suspension, and, except as otherwise provided in [clause (vi)] PARAGRAPH
F of this [subparagraph] SUBDIVISION, the suspension does not result in
a change in placement under federal law.
[(iv)] D. the superintendent of schools of a school district, either
directly or upon recommendation of a hearing officer designated pursuant
to paragraph c of [this] subdivision TWO OF THIS SECTION, may order the
change in placement of a student with a disability to an interim alter-
native educational setting for up to forty-five school days under the
circumstances specified in subsection (k)(1)(G) of section fourteen
hundred fifteen of title twenty of the United States code and the feder-
al regulations implementing such statute or a longer period where
authorized by federal law under the circumstances specified in
subsection (k)(1)(C) of section fourteen hundred fifteen of title twenty
of the United States code and the federal regulations implementing such
statute, but in neither case shall such period exceed the period of
suspension ordered by a superintendent in accordance with this subdivi-
sion.
[(v)] E. the terms "day," "business day," and "school day" shall be as
defined in section 300.11 of title thirty-four of the code of federal
regulations.
[(vi)] F. notwithstanding any other provision of this subdivision to
the contrary, upon a determination by a manifestation team that the
behavior of a student with a disability was not a manifestation of the
student's disability, such student may be disciplined pursuant to this
section in the same manner and for the same duration as a nondisabled
student, except that such student shall continue to receive services to
the extent required under federal law and regulations, and such services
may be provided in an interim alternative educational setting.
A. 1981 17
[(vii)] G. an impartial hearing officer appointed pursuant to subdivi-
sion one of section forty-four hundred four of this chapter may order a
change in placement of a student with a disability to an appropriate
interim alternative educational setting for not more than forty-five
school days under the circumstances specified in subsections (k)(3) and
(k)(4) of section fourteen hundred fifteen of title twenty of the United
States code and the federal regulations implementing such statutes,
provided that such procedure may be repeated, as necessary.
[(viii)] H. nothing in this section shall be construed to authorize
the suspension or removal of a student with a disability from his or her
current educational placement [for violation of school rules] following
a determination by a manifestation team that the behavior is a manifes-
tation of the student's disability, except as authorized under federal
law and regulations.
[(ix)] I. the commissioner shall implement this paragraph by adopting
regulations which coordinate the procedures required for discipline of
students with disabilities, and students presumed to have a disability
for discipline purposes, pursuant to subsection (k) of section fourteen
hundred fifteen of title twenty of the United States code and the feder-
al regulations implementing such statute, with the general procedures
for student discipline under this section.
[3-a.] [Teacher removal of a disruptive pupil. In addition, any] 7.
CLASSROOM MANAGEMENT. A teacher shall have the power and authority to
[remove a disruptive pupil, as defined in subdivision two-a of this
section,] MANAGE THEIR CLASSROOMS CONSISTENT WITH THE CODE OF CONDUCT,
THIS SECTION AND SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER.
TEACHERS MAY REMOVE A STUDENT from such teacher's classroom consistent
with discipline AND INTERVENTION measures contained in the code of
conduct adopted [by the board] pursuant to section twenty-eight hundred
one of this chapter WHEN A STUDENT'S BEHAVIOR VIOLATES A PROVISION OF
THE CODE OF CONDUCT FOR WHICH REMOVAL MAY BE WARRANTED AND NO ALTERNA-
TIVE INTERVENTION ALONE IS APPROPRIATE TO ADDRESS THE ALLEGED BEHAVIOR.
SUCH CLASSROOM REMOVAL MAY NOT EXCEED ONE HALF SCHOOL DAY ON THE SAME
SCHOOL DAY. The [school authorities of any] school district OR CHARTER
SCHOOL shall establish policies and procedures to ensure the provision
of continued educational programming and activities for students removed
from the classroom pursuant to this subdivision AND TO SECTION TWENTY-
EIGHT HUNDRED ONE OF THIS CHAPTER, and provided further that nothing in
this subdivision shall authorize the removal of a [pupil] STUDENT in
violation of any state or federal law or regulation. No [pupil] STUDENT
shall return to the classroom until the principal makes a final determi-
nation pursuant to paragraph [c] D of this subdivision, or the period of
removal expires, whichever is less.
a. WHEN A STUDENT IS REMOVED FROM THE CLASSROOM, THE SCHOOL SHALL
PROVIDE THE APPROPRIATE SERVICES, INTERVENTIONS, OR RESTORATIVE DISCI-
PLINE TO ENABLE THE STUDENT TO RETURN TO THE CLASSROOM AS EXPEDITIOUSLY
AS POSSIBLE, AND IN NO CASE NO LONGER THAN ONE HALF DAY ON THE SAME
SCHOOL DAY AS THE REMOVAL. AFTER A STUDENT'S THIRD REMOVAL IN A SCHOOL
YEAR, THE SCHOOL SHALL CREATE A PLAN TO PROVIDE APPROPRIATE INTER-
VENTIONS, SUPPORTS, AND SERVICES THAT ADDRESS THE BEHAVIOR AND CIRCUM-
STANCES THAT LED TO THE REMOVALS.
B. Such teacher shall inform the [pupil] STUDENT and the school prin-
cipal of the reasons for the removal. [If the teacher finds that the
pupil's continued presence in the classroom does not pose a continuing
danger to persons or property and does not present an ongoing threat of
disruption to the academic process, the teacher shall, prior to removing
A. 1981 18
the student from the classroom, provide the student with an explanation
of the basis for the removal and allow the pupil to informally present
the pupil's version of relevant events. In all other cases, the teacher
shall provide the pupil with an explanation of the basis for the removal
and an informal opportunity to be heard within twenty-four hours of the
pupil's removal, provided that if such twenty-four hour period does not
end on a school day, it shall be extended to the corresponding time on
the next school day.
b.] C. The principal shall inform the PARENT OR person in parental
relation to such [pupil] STUDENT of the removal and the reasons therefor
within twenty-four hours of the [pupil's] STUDENT'S removal, provided
that if such twenty-four hour period does not end on a school day, it
shall be extended to the corresponding time on the next school day. The
[pupil] STUDENT and the PARENT OR person in parental relation shall,
upon request, be given an opportunity for an informal conference with
the principal to discuss the reasons for the removal. [If the pupil
denies the charges, the] THE principal shall provide an explanation of
the basis for the removal and allow the [pupil] STUDENT and/or PARENT OR
person in parental relation to the [pupil] STUDENT an opportunity to
present the [pupil's] STUDENT'S version of relevant events. Such
informal [hearing] CONFERENCE shall be held within forty-eight hours of
the [pupil's] STUDENT'S removal, provided that if such forty-eight hour
period does not end on a school day, it shall be extended to the corre-
sponding time on the second school day next following the [pupil's]
STUDENT'S removal. A PARENT OR PERSON IN PARENTAL RELATION TO THE
STUDENT MAY REQUEST THAT THE INFORMAL CONFERENCE TAKE PLACE LATER THAN
FORTY-EIGHT HOURS AFTER THE STUDENT'S REMOVAL. For purposes of this
subdivision, "school day" shall mean a school day as defined pursuant to
[clause (v) of subparagraph three of] paragraph [g] E of subdivision
[three] SIX of this section.
[c.] D. The principal shall not set aside the discipline imposed by
the teacher unless the principal finds that the charges against the
[pupil] STUDENT are not supported by substantial evidence or that the
[pupil's] STUDENT'S removal is otherwise in violation of law or that the
conduct warrants suspension from school pursuant to this section and a
suspension will be imposed. The principal's determination made pursuant
to this paragraph shall be made by the close of business on the school
day next succeeding the end of the forty-eight hour period for an
informal [hearing] CONFERENCE contained in paragraph [b] C of this
subdivision.
[d.] E. The principal may, in his or her discretion, designate a
school district administrator, to carry out the functions required of
the principal under this subdivision.
[4.] 8. Expense. a. The expense attending the commitment and costs of
maintenance of [any school delinquent] A STUDENT PLACED AS A RESULT OF A
FINDING RELATED TO SCHOOL OR EDUCATIONAL ISSUES shall be a charge
against the city or district where he OR SHE resides, if such city or
district employs a superintendent of schools; otherwise it shall be a
county charge.
b. The school authorities may institute proceedings before a court
having jurisdiction to determine the liability of a PARENT OR person in
parental relation to contribute towards the maintenance of a [school
delinquent] STUDENT under sixteen years of age ordered to attend upon
instruction under confinement. If the court shall find the PARENT OR
person in parental relation able to contribute towards the maintenance
A. 1981 19
of such a minor, it may issue an order fixing the amount to be paid
weekly.
[5.] 9. Involuntary transfers of [pupils] STUDENTS who have not been
determined to be a student with a disability or a student presumed to
have a disability for discipline purposes.
a. The board of education, board of trustees [or sole trustee], OTHER
GOVERNING BODY, THE CHANCELLOR IN THE CASE OF THE CITY SCHOOL DISTRICT
OF THE CITY OF NEW YORK, the superintendent of schools, or district
superintendent of schools may transfer a [pupil] STUDENT who has not
been determined to be a student with a disability as defined in section
forty-four hundred one of this chapter, or a student presumed to have a
disability for discipline purposes as defined in [paragraph g of] subdi-
vision [three] SIX of this section from regular classroom instruction to
an appropriate educational setting in another school upon the written
recommendation of the school principal and following independent review
thereof. For purposes of this section of the law, "involuntary transfer"
does not include a transfer made by a school district as part of a plan
to reduce racial imbalance within the schools or as a change in school
attendance zones or geographical boundaries.
b. A school principal may initiate a non-requested transfer where it
is believed that such a [pupil] STUDENT would benefit from the transfer
[, or] AND when the [pupil] STUDENT would receive an adequate and appro-
priate education in another school program or facility.
No recommendation for [pupil] STUDENT transfer shall be initiated by
the principal until such [pupil] STUDENT and a PARENT OR person in
parental relation has been sent written notification of the consider-
ation of transfer recommendation WHICH SHALL INCLUDE A DESCRIPTION OF
THE FACTS AND CIRCUMSTANCES UPON WHICH THE TRANSFER IS BASED AND COPIES
OF ALL RELEVANT DOCUMENTARY EVIDENCE. Such notice shall set a time and
place of an informal conference with the principal and shall inform such
PARENT OR person in parental relation and such [pupil] STUDENT of their
right to be accompanied by counsel or an individual of their choice.
c. After the conference and if the principal concludes that the
[pupil] STUDENT would benefit from a transfer [or] AND that the [pupil]
STUDENT would receive an adequate and appropriate education in another
school program or facility, the principal may issue a recommendation of
transfer to the superintendent. Such recommendation shall include a
description of behavior and/or academic problems indicative of the need
for transfer; a description of alternatives explored and prior action
taken to resolve the problem. A copy of that letter shall be sent to the
PARENT OR person in parental relation and to the [pupil] STUDENT.
d. Upon receipt of the principal's recommendation for transfer and a
determination to consider that recommendation, the superintendent shall
notify the PARENT OR person in parental relation and the [pupil] STUDENT
of the proposed transfer and of their right to a fair hearing as
provided in paragraph c of subdivision [three] TWO of this section and
shall list community agencies and free legal assistance which may be of
assistance. The written notice shall include a statement that the
[pupil] STUDENT or PARENT OR person in parental relation has ten days to
request a hearing and that the proposed transfer shall not take effect,
except upon written parental consent, until the ten day period has
elapsed, or, if a fair hearing is requested, until after a formal deci-
sion following the hearing is rendered, whichever is later.
Parental consent to a transfer shall not constitute a waiver of the
right to a fair hearing.
A. 1981 20
[6.] 10. Transfer of a [pupil] STUDENT. Where a suspended [pupil]
STUDENT is to be transferred pursuant to subdivision [five] NINE of this
section, he or she shall remain on the register of the original school
for two school days following transmittal of his or her records to the
school to which he or she is to be transferred. The receiving school
shall immediately upon receiving those records transmitted by the
original school, review them to insure proper placement of the [pupil]
STUDENT. Staff members who are involved in the [pupil's] STUDENT'S
education must be provided with pertinent records and information relat-
ing to the background and problems of the [pupil] STUDENT before the
[pupil] STUDENT is placed in a classroom.
[7.] 11. Transfer of disciplinary records. Notwithstanding any other
provision of law to the contrary, each local educational agency, as such
term is defined in subsection thirty of section eighty-one hundred one
of the Elementary and Secondary Education Act of 1965, as amended, shall
establish procedures in accordance with section eighty-five hundred
thirty-seven of the Elementary and Secondary Education Act of 1965, as
amended, and the Family Educational Rights and Privacy Act of 1974, to
facilitate the transfer of disciplinary records relating to the suspen-
sion [or expulsion] of a student to any public or nonpublic elementary
or secondary school in which such student enrolls or seeks, intends or
is instructed to enroll, on a full-time or part-time basis UNLESS SUCH
RECORD HAS BEEN EXPUNGED PURSUANT TO SECTION TWENTY-EIGHT HUNDRED ONE OF
THIS CHAPTER.
§ 3-a. Section 305 of the education law is amended by adding three new
subdivisions 57, 59 and 60 to read as follows:
57. THE COMMISSIONER SHALL PROVIDE TECHNICAL ASSISTANCE TO SCHOOL
DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL SERVICES, AND CHARTER
SCHOOLS ABOUT THE DEVELOPMENT, IMPLEMENTATION AND EVALUATION OF A SCHOOL
DISTRICT'S OR CHARTER SCHOOL'S CODE OF CONDUCT INCLUDING:
(A) ONE OR MORE MODEL CODES OF CONDUCT, DESIGNED TO REDUCE THE USE OF
SUSPENSIONS, THAT MEET THE REQUIREMENTS OF SECTIONS TWENTY-EIGHT HUNDRED
ONE AND THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER;
(B) BEST PRACTICES FOR AGE-APPROPRIATE, GRADUATED AND PROPORTIONATE
DISCIPLINE AS SET OUT IN SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAP-
TER;
(C) A MATRIX OF STUDENT MISCONDUCT AND THE INTERVENTIONS AND DISCIPLI-
NARY MEASURES THAT PROVIDE AGE-APPROPRIATE, GRADUATED AND PROPORTIONATE
INTERVENTION DESIGNED TO REDUCE RELIANCE ON SUSPENSIONS AND REFERRALS TO
LAW ENFORCEMENT;
(D) GUIDELINES FOR APPROPRIATE AND SCHOOL-WIDE IMPLEMENTATION OF
RESTORATIVE PRACTICES; AND
(E) FORMS NECESSARY TO IMPLEMENT STUDENT NOTIFICATION AND DUE PROCESS
REQUIREMENTS OF SECTION TWENTY-EIGHT HUNDRED ONE AND THIRTY-TWO HUNDRED
FOURTEEN OF THIS CHAPTER.
59. THE COMMISSIONER SHALL, PURSUANT TO AN APPROPRIATION IN THE STATE
BUDGET, PROVIDE FUNDS TO SCHOOL DISTRICTS FOR IMPLEMENTATION OF A
SCHOOL'S CODE OF CONDUCT INCLUDING MANDATORY PRE-SERVICE AND IN-SERVICE
TRAINING OF SCHOOL PERSONNEL ABOUT PREVENTION, RESTORATIVE PRACTICES AND
OTHER INTERVENTIONS AND DISCIPLINARY MEASURES TO RESPOND TO STUDENT
MISCONDUCT AS REQUIRED BY SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAP-
TER.
60. THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE FUNDS FOR TRAINING
SCHOOL PERSONNEL INCLUDED IN SECTION TWENTY-EIGHT HUNDRED ONE OF THIS
CHAPTER ONLY TO THE EXTENT THAT THE STATE BUDGET INCLUDES AN APPROPRI-
ATION FOR SUCH TRAINING.
A. 1981 21
§ 4. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of
the education law, as amended by chapter 380 of the laws of 2001, is
amended to read as follows:
(1) [No pupil may be suspended for a period in excess of five school
days] LONG TERM SUSPENSION. THE BOARD OF EDUCATION, BOARD OF TRUSTEES,
OTHER GOVERNING BODY, THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE
CASE OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, SUPERINTENDENT
OF SCHOOLS OR DISTRICT SUPERINTENDENT OF SCHOOLS WHERE THE STUDENT
ATTENDS SHALL HAVE THE POWER TO SUSPEND FOR A PERIOD NOT TO EXCEED TWEN-
TY SCHOOL DAYS ANY STUDENT WHO ENGAGES IN BEHAVIOR THAT RESULTS IN SERI-
OUS PHYSICAL INJURY TO STUDENTS, STAFF, OR OTHERS OR ANY STUDENT WHO IS
IN GRADES FOUR THROUGH TWELVE, IF A DETERMINATION IS MADE THAT THE
STUDENT ENGAGED IN BEHAVIOR THAT VIOLATED THE CODE OF CONDUCT FOR WHICH
LONG TERM SUSPENSION MAY BE WARRANTED. SUCH SUSPENSION SHALL NOT BE
IMPOSED unless such [pupil] STUDENT and the PARENT OR person in parental
relation to such [pupil] STUDENT shall have had an opportunity for a
fair hearing[, upon reasonable]. ONCE A DECISION HAS BEEN MADE TO SEEK A
LONG TERM SUSPENSION, WRITTEN NOTICE SHALL BE PROVIDED TO THE STUDENT
AND THE PARENT OR PERSON IN PARENTAL RELATION TO THE STUDENT. SUCH WRIT-
TEN notice, [at which such pupil] SHALL INCLUDE A DESCRIPTION OF THE
FACTS AND CIRCUMSTANCES UPON WHICH THE ALLEGED VIOLATIONS OF THE CODE OF
CONDUCT ARE BASED, THE SECTION OF THE CODE OF CONDUCT THAT THE STUDENT
IS CHARGED TO HAVE VIOLATED, THE DISCIPLINARY ACTION THAT MAY BE
WARRANTED, THE LENGTH OF A POSSIBLE SUSPENSION, COPIES OF ALL EVIDENCE
REGARDING THE ALLEGED INCIDENT, AND THE DATE, TIME AND PLACE SCHEDULED
FOR THE HEARING. SUCH HEARING SHALL BE CONVENED WITHIN FIVE DAYS OF THE
WRITTEN NOTICE, UNLESS THE PARENT OR PERSON IN PARENTAL RELATION OR
STUDENT REQUESTS A LATER DATE. AT THE HEARING, THE STUDENT shall have
the right of representation by counsel, with the right to REQUEST THE
PRESENCE OF AND question witnesses against such [pupil] STUDENT and to
REQUEST THE PRESENCE OF AND present witnesses and other evidence on his
OR HER behalf. Where [a pupil has been suspended in accordance with this
subdivision by a superintendent of schools, district superintendent of
schools, or community superintendent, the superintendent shall
personally hear and determine the proceeding or may, in his discretion,
designate a hearing officer to conduct the hearing] THE STUDENT IS A
STUDENT WITH A DISABILITY OR A STUDENT PRESUMED TO HAVE A DISABILITY,
THE PROVISIONS OF SUBDIVISION SIX OF THIS SECTION SHALL ALSO APPLY.
[The hearing officer] THE BOARD OF EDUCATION, BOARD OF TRUSTEES, OTHER
GOVERNING BODY, THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE
OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, SUPERINTENDENT OF
SCHOOLS OR DISTRICT SUPERINTENDENT SHALL CONDUCT THE HEARING AND ISSUE A
DECISION, OR MAY DESIGNATE A HEARING OFFICER TO DO SO. THE ENTITY OR
INDIVIDUAL THAT CONDUCTS THE HEARING shall be authorized to administer
oaths and to issue subpoenas in conjunction with the proceeding [before
him]. A record of the hearing shall be maintained, but no stenographic
transcript shall be required and [a tape] AN AUDIO recording shall be
deemed a satisfactory record. THE ENTITY OR INDIVIDUAL CONDUCTING THE
HEARING SHALL CONSIDER ONLY THE EVIDENCE PRESENTED AT THE HEARING,
DETERMINE WHETHER THE CHARGE HAS BEEN ESTABLISHED BY A PREPONDERANCE OF
THE EVIDENCE AND MAY UPHOLD, REDUCE OR DISMISS THE PROPOSED CHARGE. The
[hearing officer] ENTITY OR INDIVIDUAL CONDUCTING THE HEARING shall make
WRITTEN findings of fact and [recommendations as to] SHALL DECIDE the
appropriate measure of discipline [to the superintendent. The report of
the hearing officer shall be advisory only, and the superintendent may
accept all or any part thereof. An appeal will lie from the decision of
A. 1981 22
the superintendent to the board of education who shall make its decision
solely upon the record before it. The board may adopt in whole or in
part the decision of the superintendent of schools.], IF ANY. THE ENTI-
TY OR INDIVIDUAL CONDUCTING THE HEARING SHALL ISSUE A WRITTEN DECISION
TO THE SCHOOL AND THE PARENT OR PERSON IN PARENTAL RELATION TO THE
STUDENT WITHIN THREE DAYS OF THE HEARING. IF THE ENTITY OR INDIVIDUAL
CONDUCTING THE HEARING DETERMINES THAT A SUSPENSION OF SIX TO TWENTY
DAYS IS WARRANTED, THE WRITTEN DECISION SHALL STATE THE LENGTH OF THE
SUSPENSION, FINDINGS OF FACT, REASONS FOR THE DETERMINATION, PROCEDURES
FOR APPEAL, AND THE DATE BY WHICH THE APPEAL SHALL BE FILED. Where the
basis for the suspension is, in whole or in part, the possession on
school grounds or school property by the student of any firearm, rifle,
shotgun, dagger, dangerous knife, dirk, razor, stiletto or any of the
weapons, instruments or appliances specified in subdivision one of
section 265.01 of the penal law, the hearing officer or superintendent
shall not be barred from considering the admissibility of such weapon,
instrument or appliance as evidence, notwithstanding a determination by
a court in a criminal or juvenile delinquency proceeding that the recov-
ery of such weapon, instrument or appliance was the result of an unlaw-
ful search or seizure. IF SUSPENSION IS IMPOSED, THE SCHOOL DISTRICT OR
CHARTER SCHOOL SHALL ESTABLISH AN EDUCATION PLAN FOR THE STUDENT
CONSISTENT WITH THE REQUIREMENTS IN SECTION TWENTY-EIGHT HUNDRED ONE OF
THIS CHAPTER, INCLUDING ACADEMIC AND SUPPORT SERVICES, AND A PLAN FOR
THE STUDENT'S REINSTATEMENT TO SCHOOL.
§ 5. Paragraphs d and f of subdivision 3 of section 3214 of the educa-
tion law, as amended by chapter 181 of the laws of 2000, are amended to
read as follows:
[d.] 3. A. Consistent with the federal gun-free schools act of nine-
teen hundred ninety-four, any public school [pupil] STUDENT who is
determined under [this] subdivision TWO OF THIS SECTION to have brought
a weapon to school shall be suspended for a period of not less than one
calendar year and any nonpublic school [pupil] STUDENT participating in
a program operated by a public school district using funds from the
elementary and secondary education act of nineteen hundred sixty-five
who is determined under [this] subdivision TWO OF THIS SECTION to have
brought a weapon to a public school or other premises used by the school
district to provide such programs shall be suspended for a period of not
less than one calendar year from participation in such program. The
procedures of this subdivision shall apply to such a suspension of a
nonpublic school [pupil] STUDENT. A superintendent of schools, district
superintendent of schools or community superintendent shall have the
authority to modify this suspension requirement for each student on a
case-by-case basis. The determination of a superintendent shall be
subject to review by the board of education, BOARD OF TRUSTEES, OTHER
GOVERNING BODY OR THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE
OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, pursuant to para-
graph c of [this] subdivision TWO OF THIS SECTION and the commissioner
pursuant to section three hundred ten of this chapter. Nothing in this
subdivision shall be deemed to authorize the suspension of a student
with a disability in violation of the individuals with disabilities
education act or article eighty-nine of this chapter. A superintendent
shall refer the [pupil] STUDENT under the age of sixteen who has been
determined to have brought a weapon to school in violation of [this]
subdivision TWO OF THIS SECTION to a presentment agency for a juvenile
delinquency proceeding consistent with article three of the family court
act except a student fourteen or fifteen years of age who qualifies for
A. 1981 23
juvenile offender status under subdivision forty-two of section 1.20 of
the criminal procedure law. A superintendent shall refer any [pupil]
STUDENT sixteen years of age or older or a student fourteen or fifteen
years of age who qualifies for juvenile offender status under subdivi-
sion forty-two of section 1.20 of the criminal procedure law, who has
been determined to have brought a weapon to school in violation of
[this] subdivision TWO OF THIS SECTION to the appropriate law enforce-
ment officials.
B. NOTHING IN THIS PARAGRAPH SHALL BE DEEMED TO MANDATE SUCH ACTION BY
A SCHOOL DISTRICT OR CHARTER SCHOOL PURSUANT TO SUBDIVISION TWO OF THIS
SECTION WHERE SUCH WEAPON OR FIREARM IS POSSESSED OR BROUGHT TO SCHOOL
WITH THE WRITTEN AUTHORIZATION OF SUCH EDUCATIONAL INSTITUTION IN A
MANNER AUTHORIZED BY ARTICLE TWO HUNDRED SIXTY-FIVE OF THE PENAL LAW FOR
ACTIVITIES APPROVED AND AUTHORIZED BY THE BOARD OF TRUSTEES, BOARD OF
EDUCATION, OTHER GOVERNING BODY OR THE CHANCELLOR OF THE CITY SCHOOL
DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK
AND SUCH GOVERNING BODY ADOPTS APPROPRIATE SAFEGUARDS TO ENSURE STUDENT
SAFETY.
C. AS USED IN THIS PARAGRAPH:
(1) "FIREARM" SHALL MEAN A FIREARM AS DEFINED IN SUBSECTION A OF
SECTION NINE HUNDRED TWENTY-ONE OF TITLE EIGHTEEN OF THE UNITED STATES
CODE; AND
(2) "WEAPON" SHALL BE AS DEFINED IN PARAGRAPH 2 OF SUBSECTION G OF
SECTION NINE HUNDRED THIRTY OF TITLE EIGHTEEN OF THE UNITED STATES CODE.
[f.] 5. DEFINITION. Whenever the term "board of education, BOARD OF
TRUSTEES, OTHER GOVERNING BODY, THE CHANCELLOR OF THE CITY SCHOOL
DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK, or superintendent of schools" is used in this [subdivision]
SECTION, it shall be deemed to include CHARTER SCHOOLS, community boards
of education and community superintendents governing community districts
in accordance with the provisions of article fifty-two-A of this chap-
ter. [For the purpose of this subdivision, the term "weapon" means a
firearm as such term is defined in section nine hundred twenty-one of
title eighteen of the United States code.]
§ 6. Paragraph g of subdivision 3 of section 3214 of the education
law, as amended by chapter 181 of the laws of 2000, clause (ii) of
subparagraph 3 as amended by chapter 380 of the laws of 2001, is amended
to read as follows:
[g.] 6. Discipline of students with disabilities and students presumed
to have a disability for discipline purposes. [(1)] A. Notwithstanding
any other provision of this [subdivision] SECTION to the contrary, a
student with a disability as such term is defined in section forty-four
hundred one of this chapter and a student presumed to have a disability
for discipline purposes, may be suspended or removed from his or her
current educational placement for violation of [school rules only] THE
CODE OF CONDUCT in accordance with the procedures established in this
section, the regulations of the commissioner implementing this [para-
graph] SECTION, and subsection (k) of section fourteen hundred fifteen
of title twenty of the United States code and the federal regulations
implementing such statute, as such federal law and regulations are from
time to time amended. Nothing in this [paragraph] SECTION shall be
construed to confer greater rights on such students than are conferred
under applicable federal law and regulations, or to limit the ability of
a school district to change the educational placement of a student with
a disability in accordance with the procedures in article eighty-nine of
this chapter.
A. 1981 24
[(2)] B. As used in this [paragraph;] SUBDIVISION:
(1) a "student presumed to have a disability for discipline purposes"
shall mean a student who the school district is deemed to have knowledge
was a student with a disability before the behavior that precipitated
disciplinary action under the criteria in subsection (k)(8) of section
fourteen hundred fifteen of title twenty of the United States code and
the federal regulations implementing such statute[.]; AND
(2) A "MANIFESTATION TEAM" MEANS A REPRESENTATIVE OF THE SCHOOL
DISTRICT, THE PARENT OR PERSON IN PARENTAL RELATION, AND RELEVANT
MEMBERS OF THE COMMITTEE ON SPECIAL EDUCATION, AS DETERMINED BY THE
PARENT OR PERSON IN PARENTAL RELATION AND THE DISTRICT.
[(3)] C. In applying the federal law consistent with this section:
[(i)] (1) in the event of a conflict between the procedures estab-
lished in this section and those established in subsection (k) of
section fourteen hundred fifteen of title twenty of the United States
code and the federal regulations implementing such statute, such federal
statute and regulations shall govern.
[(ii)] (2) the BOARD OF trustees or board of education of any school
district, a district superintendent of schools or a building principal
shall have authority to order the placement of a student with a disabil-
ity into an appropriate interim alternative educational setting, another
setting or suspension for a period not to exceed five consecutive school
days where such student is suspended pursuant to this subdivision and,
except as otherwise provided in [clause (vi)] PARAGRAPH F of this
[subparagraph] SUBDIVISION, the suspension does not result in a change
in placement under federal law.
[(iii)] (3) the superintendent of schools of a school district, either
directly or upon recommendation of a hearing officer designated pursuant
to paragraph c of [this] subdivision TWO OF THIS SECTION, may order the
placement of a student with a disability into an interim alternative
educational setting, another setting or suspension for up to ten consec-
utive school days, inclusive of any period in which the student is
placed in an appropriate interim alternative educational placement,
another setting or suspension pursuant to clause [(ii)] TWO of this
subparagraph for the behavior, where the superintendent determines in
accordance with the procedures set forth in this subdivision that the
student has engaged in behavior that VIOLATES THE CODE OF CONDUCT AND
warrants a suspension, and, except as otherwise provided in [clause
(vi)] PARAGRAPH F of this [subparagraph] SUBDIVISION, the suspension
does not result in a change in placement under federal law.
[(iv)] D. the superintendent of schools of a school district, either
directly or upon recommendation of a hearing officer designated pursuant
to paragraph c of [this] subdivision TWO OF THIS SECTION, may order the
change in placement of a student with a disability to an interim alter-
native educational setting for up to forty-five days, but not to exceed
the period of suspension ordered by a superintendent in accordance with
this subdivision, under the circumstances specified in subsection (k)(1)
of section fourteen hundred fifteen of title twenty of the United States
code and the federal regulations implementing such statute.
[(v)] E. the terms "day," "business day," and "school day" shall be as
defined in section 300.9 of title thirty-four of the code of federal
regulations.
[(vi)] F. notwithstanding any other provision of this subdivision to
the contrary, upon a determination by the committee on special education
that the behavior of a student with a disability was not a manifestation
of the student's disability, such student may be disciplined pursuant to
A. 1981 25
this section in the same manner as a nondisabled student, except that
such student shall continue to receive services to the extent required
under federal law and regulations.
[(vii)] G. an impartial hearing officer appointed pursuant to subdivi-
sion one of section forty-four hundred four of this chapter may order a
change in placement of a student with a disability to an appropriate
interim alternative educational setting for not more than forty-five
days under the circumstances specified in subsections (k)(2) and (k)(7)
of section fourteen hundred fifteen of title twenty of the United States
code and the federal regulations implementing such statutes, provided
that such procedure may be repeated, as necessary.
[(viii)] H. nothing in this section shall be construed to authorize
the suspension or removal of a student with a disability from his or her
current educational placement [for violation of school rules] following
a determination by the committee on special education that the behavior
is a manifestation of the student's disability, except as authorized
under federal law and regulations.
[(ix)] I. the commissioner shall implement this paragraph by adopting
regulations which coordinate the procedures required for discipline of
students with disabilities, and students presumed to have a disability
for discipline purposes, pursuant to subsection (k) of section fourteen
hundred fifteen of title twenty of the United States code and the feder-
al regulations implementing such statute, with the general procedures
for student discipline under this section.
§ 7. Paragraphs a, b and c of subdivision 3-a of section 3214 of the
education law, as added by chapter 181 of the laws of 2000, are amended
to read as follows:
[a.] B. Such teacher shall inform the [pupil] STUDENT, THE PARENT OR
PERSON IN PARENTAL RELATION TO THE STUDENT and the school principal of
the reasons for the removal. [If the teacher finds that the pupil's
continued presence in the classroom does not pose a continuing danger to
persons or property and does not present an ongoing threat of disruption
to the academic process, the teacher shall, prior to removing the
student from the classroom, provide the student with an explanation of
the basis for the removal and allow the pupil to informally present the
pupil's version of relevant events. In all other cases, the teacher
shall provide the pupil with an explanation of the basis for the removal
and an informal opportunity to be heard within twenty-four hours of the
pupil's removal.
b.] C. The principal shall inform the PARENT OR person in parental
relation to such [pupil] STUDENT of the removal and the reasons therefor
within twenty-four hours of the [pupil's] STUDENT'S removal. The
[pupil] STUDENT and the PARENT OR person in parental relation shall,
upon request, be given an opportunity for an informal conference with
the principal to discuss the reasons for the removal. [If the pupil
denies the charges, the] THE principal shall provide an explanation of
the basis for the removal and allow the [pupil] STUDENT and/or PARENT OR
person in parental relation to the [pupil] STUDENT an opportunity to
present the [pupil's] STUDENT'S version of relevant events. Such
informal [hearing] CONFERENCE shall be held within forty-eight hours of
the [pupil's] STUDENT'S removal, PROVIDED THAT IF SUCH FORTY-EIGHT HOUR
PERIOD DOES NOT END ON A SCHOOL DAY, IT SHALL BE EXTENDED TO THE CORRE-
SPONDING TIME ON THE SECOND SCHOOL DAY NEXT FOLLOWING THE PUPIL'S
STUDENT'S REMOVAL. A PARENT OR PERSON IN PARENTAL RELATION TO THE
STUDENT MAY REQUEST THAT THE INFORMAL CONFERENCE TAKE PLACE LATER THAN
FORTY-EIGHT HOURS AFTER THE STUDENT'S REMOVAL. FOR PURPOSES OF THIS
A. 1981 26
SUBDIVISION, "SCHOOL DAY" SHALL MEAN A SCHOOL DAY AS DEFINED PURSUANT TO
PARAGRAPH E OF SUBDIVISION SIX OF THIS SECTION.
[c.] D. The principal shall not set aside the discipline imposed by
the teacher unless the principal finds that the charges against the
[pupil] STUDENT are not supported by substantial evidence or that the
[pupil's] STUDENT'S removal is otherwise in violation of law or that the
conduct warrants suspension from school pursuant to this section and a
suspension will be imposed. The principal's determination made pursuant
to this paragraph shall be made by the close of business on the day
succeeding the forty-eight hour period for an informal [hearing] CONFER-
ENCE contained in paragraph [b] C of this subdivision.
§ 8. Clause (j) of subparagraph 3 of paragraph b of subdivision 1 of
section 4402 of the education law, as added by chapter 311 of the laws
of 1999, is amended to read as follows:
(j) In accordance with the regulations of the commissioner and
subsection (k) of section fourteen hundred fifteen of title twenty of
the United States code and the implementing federal regulations, to
conduct a review to determine whether behavior of a student with a disa-
bility which violates the applicable school rules or code of conduct and
results in a change in placement under federal law, including but not
limited to placement in an interim alternative educational setting
pursuant to [clause (iv) or (vii) of subparagraph three of paragraph g]
PARAGRAPHS D OR G of subdivision [three] SIX of section thirty-two
hundred fourteen of this chapter, was a manifestation of the student's
disability, provided that other qualified school district personnel may
participate in such review.
§ 9. Paragraph b of subdivision 4 of section 4404 of the education
law, as amended by chapter 378 of the laws of 2007, is amended to read
as follows:
b. For students with disabilities placed in an interim alternative
educational setting pursuant to [clause (iv) or (vii) of subparagraph
three of paragraph g] PARAGRAPHS D OR G of subdivision [three] SIX of
section thirty-two hundred fourteen of this chapter, during the pendency
of proceedings conducted pursuant to this section in which the parents
or persons in parental relation challenge the interim alternative educa-
tional setting or a manifestation determination, the student shall
remain in the interim alternative educational setting pending the deci-
sion of the impartial hearing officer or until expiration of the time
period of the student's placement in an interim alternative educational
setting, whichever comes first, unless the local school district and the
parents or persons in parental relation otherwise agree. After the expi-
ration of such placement in an interim alternative educational setting,
if the school district proposes to change the student's placement,
during the pendency of any proceedings to challenge the proposed change
in placement, the student shall return to and remain in the current
educational placement, which shall be the student's placement prior to
the interim alternative educational setting, unless the local school
district and the parents or persons in parental relation otherwise agree
or unless as a result of a decision by an impartial hearing officer in
an expedited hearing, the interim alternative educational setting is
extended for a period not to exceed forty-five school days based on a
determination that maintaining the current educational placement of the
student is substantially likely to result in injury to the student or to
others. Such procedure for extension of an interim alternative educa-
tional setting may be repeated as necessary.
A. 1981 27
§ 10. Paragraph b of subdivision 4 of section 4404 of the education
law, as amended by chapter 311 of the laws of 1999, is amended to read
as follows:
b. For students with disabilities placed in an interim alternative
educational setting pursuant to [clause (iv) or (vii) of subparagraph
three of paragraph g] PARAGRAPHS D OR G of subdivision [three] SIX of
section thirty-two hundred fourteen of this chapter, during the pendency
of proceedings conducted pursuant to this section in which the parents
or persons in parental relationship challenge the interim alternative
educational setting or a manifestation determination, the student shall
remain in the interim alternative educational setting pending the deci-
sion of the hearing officer or until expiration of the time period of
the student's interim alternative placement, whichever comes first,
unless the local school district and the parents or persons in parental
relationship otherwise agree. After the expiration of such interim
alternative educational placement, if the school district proposes to
change the student's placement, during the pendency of any proceedings
to challenge the proposed change in placement, the student shall return
to and remain in the current educational placement, which shall be the
student's placement prior to the interim alternative educational
setting, unless the local school district and the parents or persons in
parental relationship otherwise agree or unless as a result of a deci-
sion by an impartial hearing officer in an expedited hearing, the inter-
im alternative educational setting is extended or another appropriate
placement is ordered for a period not to exceed forty-five days based on
a determination that maintaining the current educational placement of
the student is substantially likely to result in injury to the student
or to others. Such procedure for extension of an interim alternative
educational setting may be repeated as necessary.
§ 11. This act shall take effect immediately; provided, however that:
a. the amendments to subdivision 3 of section 2801 of the education
law made by section one of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 34 of chapter 91
of the laws of 2002, as amended, when upon such date the provisions of
section two of this act shall take effect;
b. the amendments to subparagraph 1 of paragraph c of subdivision 3 of
section 3214 of the education law made by section three of this act
shall be subject to the expiration and reversion of such subparagraph
pursuant to subdivision (a) of section 8 of chapter 430 of the laws of
2006, as amended, when upon such date the provisions of section four of
this act shall take effect;
c. the amendments to paragraphs d and f of subdivision 3 of section
3214 of the education law made by section three of this act shall be
subject to the expiration and reversion of such paragraphs pursuant to
section 4 of chapter 425 of the laws of 2002, as amended, when upon such
date the provisions of section five of this act shall take effect;
d. the amendments to paragraph g of subdivision 3 of section 3214 of
the education law made by section three of this act shall be subject to
the expiration and reversion of such paragraph pursuant to section 22 of
chapter 352 of the laws of 2005, as amended, and shall be subject to the
expiration and reversion of clause (v) of subparagraph 3 of such para-
graph pursuant to subdivision d of section 27 of chapter 378 of the laws
of 2007, as amended, when upon such date the provisions of section six
of this act shall take effect;
e. the amendments to paragraphs a, b and c of subdivision 3-a of
section 3214 of the education law made by section three of this act
A. 1981 28
shall be subject to the expiration and reversion of such paragraphs
pursuant to section 12 of chapter 147 of the laws of 2001, as amended,
when upon such date the provisions of section seven of this act shall
take effect;
f. the amendments to subdivision 7 of section 3214 of the education
law, made by section three of this act, shall not affect the repeal of
such subdivision and shall be deemed repealed therewith;
g. the amendments to clause (j) of subparagraph 3 of paragraph b of
subdivision 1 of section 4402 of the education law made by section eight
of this act shall take effect on the same date as the reversion of
clause (j) of subparagraph 3 of paragraph b of subdivision 1 of section
4402 of the education law as provided in section 22 of chapter 352 of
the laws of 2005, as amended and section 27 of chapter 378 of the laws
of 2007, as amended; and
h. the amendments to paragraph b of subdivision 4 of section 4404 of
the education law made by section nine of this act shall be subject to
the expiration and reversion of such paragraph pursuant to section 22 of
chapter 352 of the laws of 2005, as amended, and subdivision d of
section 27 of chapter 378 of the laws of 2007, as amended, when upon
such date the provisions of section ten of this act shall take effect.