S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    767
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  MONTGOMERY  -- read twice and ordered printed, and
   when printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation  to  school  climate  and
   codes  of conduct on school property and disciplinary action following
   violation of such codes of conduct; and to amend the education law, in
   relation to making conforming amendments
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Section 2801 of the education law, as added by chapter 181
 of the laws of 2000, subdivision 1 as amended by chapter 402 of the laws
 of 2005, the opening paragraph, paragraph a and paragraph c of  subdivi-
 sion 2 and paragraph a of subdivision 5 as amended by chapter 380 of the
 laws  of 2001, paragraphs l and m as amended and paragraph n of subdivi-
 sion 2 as added by chapter 482 of the laws of 2010, and subdivision 3 as
 amended by chapter 123 of the laws  of  2003,  is  amended  to  read  as
 follows:
   §  2801. [Codes] SCHOOL CLIMATE AND CODES of conduct on school proper-
 ty. 1.  A. THE BOARD OF EDUCATION OR 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,  AND  EVERY  BOARD  OF
 COOPERATIVE  EDUCATIONAL  SERVICES  AND CHARTER SCHOOL SHALL PROMOTE AND
 SUSTAIN A SAFE, INCLUSIVE, CIVIL, AND RESPECTFUL SCHOOL ENVIRONMENT  FOR
 SCHOOL  PERSONNEL,  STUDENTS,  AND  VISITORS  ON  SCHOOL PROPERTY AND AT
 SCHOOL FUNCTIONS THROUGH PREVENTION, INTERVENTION, AND  DISCIPLINE  THAT
 SUPPORTS  EDUCATION  AND  LEARNING; PROMOTES POSITIVE BEHAVIORS; REDUCES
 THE DISPARATE IMPACT OF DISCIPLINE; HOLDS STUDENTS ACCOUNTABLE FOR THEIR
 BEHAVIOR; AND KEEPS STUDENTS IN SCHOOL AND CLASS.
   B. (1) EVERY SCHOOL SHALL ESTABLISH PREVENTION PROGRAMS  AND  SERVICES
 THAT  MAY  INCLUDE SCHOOL-BASED INITIATIVES AND INDIVIDUAL INTERVENTIONS
 THAT PROMOTE A SAFE AND SECURE ENVIRONMENT FOR  ALL  PERSONS  ON  SCHOOL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02878-01-9

 S. 767                              2
 
 PROPERTY  OR  AT SCHOOL FUNCTIONS, AND RESTORATIVE PRACTICES DESIGNED TO
 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

 S. 767                              3
 
 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

 S. 767                              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

 S. 767                              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;

 S. 767                              6
 
   (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

 S. 767                              7

 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;

 S. 767                              8
 
   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:

 S. 767                              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;

 S. 767                             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

 S. 767                             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

 S. 767                             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-

 S. 767                             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

 S. 767                             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

 S. 767                             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.

 S. 767                             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.

 S. 767                             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

 S. 767                             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

 S. 767                             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.

 S. 767                             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.

 S. 767                             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

 S. 767                             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

 S. 767                             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.

 S. 767                             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

 S. 767                             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

 S. 767                             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.

 S. 767                             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

 S. 767                             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.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  767--B
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sens.  MONTGOMERY,  BAILEY,  BENJAMIN, BIAGGI, CARLUCCI,
   COMRIE, GIANARIS, HARCKHAM,  HOYLMAN,  JACKSON,  KAVANAGH,  LIU,  MAY,
   MYRIE,  PARKER,  PERSAUD,  RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA,
   SERRANO, THOMAS -- read twice and ordered printed, and when printed to
   be committed to the Committee on Education  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the education law, in relation to school climate and
   codes of conduct on school property and disciplinary action  following
   violation of such codes of conduct; and to amend the education law, in
   relation to making conforming amendments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be  cited  as  the  "Judith
 Kaye School Solutions not Suspensions Act."
   § 2. Section 2801 of the education law, as added by chapter 181 of the
 laws  of  2000,  subdivision  1 as amended by chapter 402 of the laws of
 2005, the opening paragraph, paragraph a and paragraph c of  subdivision
 2 and paragraph a of subdivision 5 as amended by chapter 380 of the laws
 of  2001, paragraphs l and m as amended and paragraph n of subdivision 2
 as added by chapter 482 of the  laws  of  2010,  and  subdivision  3  as
 amended  by  chapter  123  of  the  laws  of 2003, is amended to read as
 follows:
   § 2801. Codes of conduct on school property. 1. For purposes  of  this
 section,  school  property  means  in or within any building, structure,
 athletic playing field, playground, parking lot or land contained within
 the real property boundary line of  a  public  elementary  or  secondary
 school, INCLUDING A CHARTER SCHOOL; or in or on a school bus, as defined
 in section one hundred forty-two of the vehicle and traffic law; [and a]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02878-11-9

 S. 767--B                           2
 
 OR  A  SCHOOL'S  ELECTRONIC FILES AND DATABASES. A school function shall
 mean a school-sponsored or school-authorized extra-curricular  event  or
 activity regardless of where such event or activity takes place, includ-
 ing any event or activity that may take place in another state.
   2.  The board of education or the trustees[, as defined in section two
 of this chapter,] of every school district [within  the  state,  however
 created, and every] OR THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE
 CASE  OF  THE  CITY  SCHOOL  DISTRICT OF THE CITY OF NEW YORK, AND EVERY
 board of cooperative educational services and [county vocational  exten-
 sion  board]  CHARTER  SCHOOL,  shall adopt and amend, as appropriate, a
 code of conduct for the maintenance of order on school property, includ-
 ing a school function, which shall PROMOTE AND SUSTAIN A SAFE,  RESPECT-
 FUL,  AND  SUPPORTIVE  SCHOOL  ENVIRONMENT  AND  govern  the  conduct of
 students, teachers and other school personnel as well  as  visitors  and
 shall provide for the enforcement thereof. Such policy may be adopted by
 the  [school]  board  OF EDUCATION or trustees, OR THE CHANCELLOR OF THE
 CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY
 OF NEW YORK, OR OTHER GOVERNING BODY only  after  at  least  one  public
 hearing  that  provides  for  the  participation  of  school  personnel,
 parents, students and any other interested parties BEFORE ITS  ADOPTION.
 THE SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR CHAR-
 TER  SCHOOL  SHALL  NOTIFY THE SCHOOL COMMUNITY AND GENERAL PUBLIC ABOUT
 THE HEARING AT LEAST FIFTEEN DAYS PRIOR TO THE DATE OF THE HEARING. SUCH
 NOTICE SHALL INCLUDE THE DATE, TIME, AND PLACE OF THE HEARING, THE AGEN-
 DA, A COPY OF THE PROPOSED CODE OF  CONDUCT,  AND  INFORMATION  ABOUT  A
 PUBLIC  COMMENT  PERIOD  AS  DETERMINED BY THE SCHOOL DISTRICT, BOARD OF
 COOPERATIVE  EDUCATIONAL  SERVICES,  OR  CHARTER  SCHOOL.    THE  SCHOOL
 DISTRICT,  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES, OR CHARTER SCHOOL
 SHALL TAKE NECESSARY STEPS TO NOTIFY FAMILIES WHO DO NOT  SPEAK  ENGLISH
 AND  WHOSE  CHILDREN ATTEND A SCHOOL IN THE DISTRICT, A BOARD OF COOPER-
 ATIVE EDUCATIONAL SERVICES, OR A CHARTER SCHOOL. Such  code  of  conduct
 shall  DEFINE  VIOLATIONS  OF THE CODE OF CONDUCT AND SET CLEAR EXPECTA-
 TIONS FOR STUDENT CONDUCT ON SCHOOL PROPERTY, INCLUDING AT SCHOOL  FUNC-
 TIONS, AND SHALL include, at a minimum:
   a. provisions regarding conduct, dress and language deemed appropriate
 and  acceptable  on  school  property,  including a school function, and
 conduct, dress and language deemed  unacceptable  and  inappropriate  on
 school property, including a school function[, and];
   B.  provisions  regarding acceptable civil and respectful treatment of
 teachers, school administrators, other school  personnel,  students  and
 visitors  on  school  property[,  including  a] AND AT school [function]
 FUNCTIONS, including [the appropriate] A range of AGE-APPROPRIATE GRADU-
 ATED AND PROPORTIONATE disciplinary measures which [may be  imposed  for
 violation of such] MUST BE CONSIDERED IN RESPONDING TO A code VIOLATION,
 and  the  roles of teachers, administrators, other school personnel, the
 board of education OR TRUSTEES, OR THE CHANCELLOR  OF  THE  CITY  SCHOOL
 DISTRICT  IN  THE  CASE  OF  THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
 YORK, OR OTHER GOVERNING BODY, and parents.
   B-1. PROVISIONS THAT REQUIRE SCHOOLS TO USE THE  LEAST  SEVERE  ACTION
 NECESSARY  TO  RESPOND  TO  ANY  VIOLATION OF THE CODE OF CONDUCT BEFORE
 IMPOSING A REMOVAL OR SUSPENSION.  SUCH OPTIONS MAY INCLUDE  RESTORATIVE
 PRACTICES,  SOCIAL  AND  EMOTIONAL  SUPPORTS,  AND  OTHER INTERVENTIONS.
 RESTORATIVE PRACTICES MAY INCLUDE CLASS MEETINGS,  FACILITATED  CIRCLES,
 CONFERENCES,  PEER  MEDIATION,  AND  OTHER INTERVENTIONS THAT CAN EFFEC-
 TIVELY ADDRESS STUDENT MISCONDUCT, HOLD STUDENTS ACCOUNTABLE  FOR  THEIR
 BEHAVIOR,  AND FOSTER HEALTHY RELATIONSHIPS WITHIN THE SCHOOL COMMUNITY.

 S. 767--B                           3
 
 NO STUDENT, HOWEVER, SHALL BE REQUIRED TO PARTICIPATE IN  A  RESTORATIVE
 PRACTICE  WITHOUT  THEIR CONSENT. REASONABLE ATTEMPTS SHALL ALSO BE MADE
 TO OBTAIN THE CONSENT OF THEIR PARENTS OR PERSONS IN PARENTAL RELATIONS;
   [b.]  B-2. PROVISIONS THAT PROHIBIT CLASSROOM REMOVALS AND SUSPENSIONS
 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;
   B-3. PROVISIONS THAT PROHIBIT SUSPENSIONS FOR INITIAL OR REPEATED ACTS
 OF  WILLFUL DISOBEDIENCE.  "WILLFUL DISOBEDIENCE" SHALL MEAN DISRUPTIVE,
 INSUBORDINATE, OR ROWDY BEHAVIOR, INCLUDING BEHAVIORS SUCH AS THE USE OF
 FOUL OR INAPPROPRIATE LANGUAGE, GESTURES, COMMENTS, OR REFUSAL TO FOLLOW
 DIRECTIONS;
   C. PROVISIONS THAT PROHIBIT THE SUSPENSION OF STUDENTS IN  PRE-KINDER-
 GARTEN  THROUGH GRADE THREE, EXCEPT IF SUSPENSION IS NECESSARY TO COMPLY
 WITH APPLICABLE FEDERAL LAWS;
   D. standards and procedures to assure security and safety of  students
 and school personnel;
   [c.]  E. provisions for the removal from the classroom and from school
 property, including a school function, of students and other persons who
 violate the code OF CONDUCT;
   [d.] F. 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.]  G.  provisions  for  detention,  suspension and removal from the
 classroom of students, consistent with section thirty-two hundred  four-
 teen  of this chapter and other applicable federal, state and local laws
 [including];
   H. provisions for the school authorities  to  establish  policies  and
 procedures  to ensure the provision of continued educational programming
 and activities for  students  removed  from  the  classroom,  placed  in
 detention,  or  suspended from school.  WHEN A STUDENT IS SUSPENDED FROM
 SCHOOL OR REMOVED FROM THE CLASSROOM, THE PRINCIPAL, OR THE  PRINCIPAL'S
 DESIGNEE,  IN  CONSULTATION  WITH  THE STUDENT'S TEACHERS, SHALL, WITHIN
 TWENTY-FOUR HOURS, CREATE AN EDUCATION PLAN FOR  THE  STUDENT  FOR  EACH
 CLASS  IN  WHICH  THE STUDENT IS ENROLLED, 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 EDUCATION PLAN SHALL
 MAKE PROVISIONS FOR A STUDENT'S ON-GOING ACADEMIC INSTRUCTION DURING THE
 REMOVAL OR SUSPENSION AND SHALL INCLUDE THE STEPS THE SCHOOL  WILL  TAKE
 TO PROVIDE THE STUDENT WITH A SUCCESSFUL RE-ENTRY TO SCHOOL. THE STUDENT
 SHALL  HAVE  THE OPPORTUNITY TO EARN ALL ACADEMIC CREDIT HE OR SHE WOULD
 HAVE BEEN ELIGIBLE TO EARN HAD HE OR SHE BEEN IN  CLASS,  INCLUDING  THE
 OPPORTUNITY  TO COMPLETE ANY MISSED ASSIGNMENTS OR TAKE ANY MISSED EXAM-
 INATIONS OR ASSESSMENTS DURING THE STUDENT'S REMOVAL OR SUSPENSION.   IF
 AN EXAMINATION OR ASSESSMENT CANNOT BE RESCHEDULED, THE STUDENT SHALL BE
 ALLOWED ON SCHOOL PROPERTY TO TAKE SUCH ASSESSMENT OR EXAMINATION ON THE
 DAY AND TIME THAT THE ASSESSMENT OR EXAMINATION IS GIVEN;
   [f.]  I.  procedures  by  which  violations OF THE CODE OF CONDUCT are
 reported TO THE APPROPRIATE SCHOOL PERSONNEL, THE FACTS ARE INVESTIGATED
 AND determined, AND discipline measures [imposed and discipline measures
 carried out] ARE DETERMINED AND IMPLEMENTED;
   [g.] J. provisions ensuring such code and the enforcement thereof  are
 in  compliance  with  state  and  federal laws relating to students with
 disabilities;

 S. 767--B                           4
 
   [h. provisions  setting  forth  the  procedures  by  which  local  law
 enforcement  agencies shall be notified of code violations which consti-
 tute a crime;
   i.] K. provisions setting forth the circumstances under and procedures
 by  which PARENTS OR persons in parental relation to the student ACCUSED
 OF VIOLATING THE CODE OF CONDUCT shall  be  notified  of  SUCH  code  OF
 CONDUCT  violations  INCLUDING NOTICE THAT ANY STATEMENT BY THE STUDENT,
 WRITTEN OR ORAL, MAY BE USED AGAINST THE STUDENT IN  A  CRIMINAL,  IMMI-
 GRATION,  OR JUVENILE DELINQUENCY INVESTIGATION AND/OR PROCEEDING AND/OR
 IN A COURT OF LAW;
   [j.] L. provisions setting forth the circumstances  under  and  proce-
 dures  by  which  a [complaint in criminal court, a juvenile delinquency
 petition] STUDENT MAY BE REFERRED TO LAW  ENFORCEMENT,  CONSISTENT  WITH
 THE PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED ONE-A OF THIS ARTICLE, or
 REFERRED  FOR  A  person  in  need of supervision petition as defined in
 articles three and seven of the family court act will be filed;
   [k.] M. circumstances under and procedures by which  [referral  to]  A
 STUDENT  MAY  BE  REFERRED  TO  ACADEMIC  SERVICES, SCHOOL-BASED SUPPORT
 SERVICES, OR appropriate human service agencies [shall be made]; AND
   [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
 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. provisions to comply with article two of this chapter.
   3. The [district] code of conduct shall be developed in  collaboration
 with  [student, teacher, administrator, and parent organizations] REPRE-
 SENTATIVES FROM INTERESTED STAKEHOLDERS INCLUDING, BUT NOT  LIMITED  TO,
 STUDENTS,  TEACHERS,  ADMINISTRATORS,  PARENTS, school safety personnel,
 COLLECTIVE BARGAINING UNITS, and other school  personnel  and  shall  be
 approved  by  the  board  of education OR TRUSTEES, [or] 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  education
 council  shall be authorized to adopt and implement additional policies,
 which are consistent with 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-A. THE BOARD OF EDUCATION OR TRUSTEES, CHANCELLOR OF THE CITY SCHOOL
 DISTRICT  IN  THE  CASE  OF  THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
 YORK, OR OTHER GOVERNING BODY SHALL PROVIDE PROFESSIONAL DEVELOPMENT  IN
 ACCORDANCE  WITH  THIS SECTION FOR 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,
 THE USE OF INTERVENTIONS, AND GRADUATED AND PROPORTIONATE DISCIPLINE.
   4. [The] AT THE BEGINNING OF EACH SCHOOL YEAR, THE board of  education
 OR  TRUSTEES,  chancellor OF THE CITY SCHOOL DISTRICT IN THE CASE OF THE

 S. 767--B                           5
 
 CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, or  other  governing  body
 shall:    TRANSLATE  THE  CODE  OF  CONDUCT INTO AT LEAST THE THREE MOST
 COMMONLY SPOKEN LANGUAGES OF THE CHILDREN ATTENDING THE SCHOOL DISTRICT,
 BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES, OR CHARTER SCHOOL, POST THE
 CODE OF CONDUCT ON THE SCHOOL DISTRICT'S, CHARTER SCHOOL'S OR  BOARD  OF
 COOPERATIVE EDUCATIONAL SERVICES WEBSITE, 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]  OR  CLASSROOM  LESSON, mail a plain language
 summary of such code to all PARENTS OR persons in parental  relation  to
 students before the beginning of each school year, and make it available
 thereafter  upon  request. The board of education OR TRUSTEES, THE chan-
 cellor OF THE CITY SCHOOL DISTRICT  IN  THE  CASE  OF  THE  CITY  SCHOOL
 DISTRICT  OF  THE  CITY  OF NEW YORK, or other governing body shall take
 reasonable steps to ensure community awareness of the code OF  CONDUCT'S
 provisions.
   5.  a.  The board of education OR TRUSTEES, THE chancellor OF THE CITY
 SCHOOL DISTRICT IN THE CASE OF THE CITY OF NEW YORK or  other  governing
 body shall annually review and update the district's codes of conduct if
 necessary,  taking  into  consideration  the  effectiveness  of  code OF
 CONDUCT provisions and the fairness  and  consistency  of  its  adminis-
 tration. Each school district is authorized to establish a committee and
 to  facilitate  the  review  of  the  code of conduct and the district's
 response to code of conduct violations.  Any  such  committee  shall  be
 comprised  of similar individuals described in subdivision three of this
 section. The [school] board OF EDUCATION OR TRUSTEES, THE chancellor  OF
 THE  CITY  SCHOOL DISTRICT IN THE CASE OF THE CITY OF NEW YORK, or other
 governing body shall reapprove any such updated code only after at least
 one public hearing that provides for the participation of school person-
 nel, parents, students and any other interested parties.
   b. Each district, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND CHAR-
 TER SCHOOL shall file a copy of its codes of conduct  with  the  commis-
 sioner  and  [all]  ANY  amendments to such code shall be filed with the
 commissioner no later than thirty days after their adoption.
   § 3. 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:
   3.  The [district] code of conduct shall be developed in collaboration
 with [student, teacher, administrator, and parent organizations]  REPRE-
 SENTATIVES  FROM  INTERESTED STAKEHOLDERS INCLUDING, BUT NOT LIMITED TO,
 STUDENTS, TEACHERS, ADMINISTRATORS, PARENTS,  school  safety  personnel,
 COLLECTIVE  BARGAINING  UNITS,  and  other school personnel and shall be
 approved by the board of education OR  TRUSTEES,  [or]  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 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.  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

 S. 767--B                           6
 
 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  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  disruptive  or  violent
 during such attendance, is a school delinquent.
   2.  Special  day  schools]  ALTERNATIVE  LEARNING  SCHOOLS. The school
 authorities of any city [or],  school  district,  BOARD  OF  COOPERATIVE
 EDUCATIONAL  SERVICES,  OR  CHARTER  SCHOOL may establish schools or set
 apart rooms in [public] school buildings OR PROPERTIES for the  instruc-
 tion   of   [school  delinquents]  STUDENTS  REMOVED  OR  SUSPENDED  FOR
 VIOLATIONS OF THE CODE OF CONDUCT, 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;
   (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.]  2.  Suspension  of a [pupil] STUDENT. a.  (1) The board of educa-
 tion[, board of] OR trustees [or sole trustee], THE  CHANCELLOR  OF  THE
 CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY
 OF  NEW  YORK,  OTHER  GOVERNING  BODY,  the  superintendent of schools,
 district superintendent of schools or principal of a school may  suspend
 [the  following  pupils] STUDENTS from required attendance upon instruc-
 tion[:
   A pupil who is insubordinate or disorderly or violent  or  disruptive,
 or  whose  conduct  otherwise  endangers  the  safety, morals, health or
 welfare of others] AS PROVIDED IN PARAGRAPHS B, C, AND D OF THIS  SUBDI-

 S. 767--B                           7
 
 VISION,  IN  ACCORDANCE  WITH  THE  CODE  OF  CONDUCT, PROVIDED THAT THE
 SUSPENSION OF SUCH STUDENT IS NOT  PROHIBITED  BY  SECTION  TWENTY-EIGHT
 HUNDRED ONE OF THIS CHAPTER.
   (2)  SCHOOL  OFFICIALS SHALL WEIGH THE LIKELIHOOD THAT A LESSER INTER-
 VENTION OR DISCIPLINE WOULD ADEQUATELY ADDRESS THE STUDENT'S MISCONDUCT,
 REDRESS ANY HARM OR DAMAGE, AND PREVENT FUTURE VIOLATIONS OF THE CODE OF
 CONDUCT. SUSPENSIONS SHALL ONLY BE USED AS A LAST RESORT.
   (3) THE SCHOOL SHALL CONDUCT AN  INVESTIGATION  OF  ANY  REPORT  OF  A
 VIOLATION OF THE CODE OF CONDUCT.
   (4)  THE  SCHOOL SHALL INFORM ANY STUDENT THAT SUBMISSION OF A WRITTEN
 STATEMENT IS VOLUNTARY AND THAT ANY STATEMENT BY THE STUDENT, WRITTEN OR
 ORAL, MAY BE USED AGAINST THE STUDENT IN  A  CRIMINAL,  IMMIGRATION,  OR
 JUVENILE  DELINQUENCY  INVESTIGATION AND/OR PROCEEDING AND/OR IN A COURT
 OF LAW. 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  WHERE THERE IS IMMINENT RISK OF
 SERIOUS PHYSICAL INJURY TO THE STUDENT OR OTHER PERSON OR PERSONS.
   b.  [(1)]  IN  CONSIDERING  APPROPRIATE  DISCIPLINE  MEASURES,  SCHOOL
 AUTHORITIES  SHALL  CONSIDER  THE FACTS OF EACH CASE, INCLUDING, BUT NOT
 LIMITED TO:
   (1) 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;
   (2) 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;
   (3) THE STUDENT'S WILLINGNESS TO RESOLVE THE CONFLICT AND  REPAIR  ANY
 HARM OR DAMAGE;
   (4)  THE  STUDENT'S PRIOR CONDUCT, THE APPROPRIATENESS OF PRIOR INTER-
 VENTIONS, AND THE EFFECTIVENESS OF ANY PRIOR INTERVENTIONS;
   (5) THE RELATIONSHIP, IF ANY, BETWEEN THE STUDENT'S ACADEMIC PLACEMENT
 AND PROGRAM AND THE ALLEGED VIOLATION OF THE CODE OF CONDUCT; AND
   (6) OTHER FACTORS DETERMINED TO BE RELEVANT.
   C. The board of education[, board of] OR trustees, [or sole  trustee,]
 THE  CHANCELLOR  OF  THE  CITY  SCHOOL  DISTRICT IN THE CASE OF THE CITY
 SCHOOL DISTRICT OF THE CITY OF NEW YORK, OTHER  GOVERNING  BODY,  super-
 intendent of schools, district superintendent of schools and the princi-
 pal of the school where the [pupil] STUDENT attends shall have the power
 to suspend a [pupil] STUDENT for a period not to exceed five school days
 PROVIDED  THAT  THE  SUSPENSION  OF  SUCH  STUDENT  IS NOT PROHIBITED BY
 SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER. In the case of such  a
 suspension,  the  suspending authority shall provide the [pupil] STUDENT
 with WRITTEN notice of the charged misconduct INCLUDING A BRIEF EXPLANA-
 TION OF THE BASIS FOR THE SUSPENSION AND A 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, THE
 RIGHT TO APPEAL A SUSPENSION, AND THE PROCEDURES  FOR  APPEAL.  [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

 S. 767--B                           8
 
 witnesses,  AND TO BE REPRESENTED BY AN ATTORNEY OR ADVOCATE. The afore-
 said notice and opportunity for an informal conference shall take  place
 prior  to  suspension  of  the  [pupil]  STUDENT  unless  the  [pupil's]
 STUDENT'S presence in the school poses a continuing danger to persons or
 property  or an ongoing threat of disruption to the academic process, in
 which case  the  [pupil's]  STUDENT'S  notice  and  opportunity  for  an
 informal conference shall take place as soon after the suspension BEGINS
 as is reasonably practicable.
   [(2)  A  teacher  shall  immediately  report and refer a violent pupil
 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)]  D. THE BOARD OF EDUCATION OR TRUSTEES, THE CHANCELLOR OF THE
 CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY
 OF NEW  YORK,  OTHER  GOVERNING  BODY,  SUPERINTENDENT  OF  SCHOOLS,  OR
 DISTRICT  SUPERINTENDENT  OF  SCHOOLS, SHALL HAVE THE POWER TO SUSPEND A
 STUDENT FOR A PERIOD NOT TO EXCEED TWENTY SCHOOL DAYS, PROVIDED THAT THE
 SUSPENSION OF SUCH STUDENT IS NOT PROHIBITED BY PARAGRAPH C OF  SUBDIVI-
 SION TWO OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER. No [pupil]
 STUDENT  may  be  suspended  for  a period in excess of five school days
 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 WRITTEN notice, [at] which SHALL INCLUDE A
 BRIEF DESCRIPTION OF THE FACTS UPON WHICH THE ALLEGED VIOLATIONS OF  THE
 CODE  OF  CONDUCT ARE BASED, THE SECTION OF THE CODE OF CONDUCT THAT THE
 STUDENT IS ALLEGED TO HAVE VIOLATED, AND THE DATE, TIME AND PLACE OF THE
 HEARING. PRIOR TO THE HEARING, COPIES  OF  ALL  EVIDENCE  REGARDING  THE
 ALLEGED  INCIDENT  SHALL BE PROVIDED TO THE STUDENT AND PARENT OR PERSON
 IN PARENTAL RELATION TO THE STUDENT. THE HEARING SHALL BE CONVENED WITH-
 IN FIVE DAYS OF THE WRITTEN NOTICE,  UNLESS  THE  PARENT  OR  PERSON  IN
 PARENTAL  RELATION  TO  THE STUDENT OR STUDENT REQUESTS A LATER DATE. AT
 THE HEARING, such [pupil] STUDENT shall have the right of representation
 by [counsel] AN ATTORNEY OR ADVOCATE, 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]  H of this subdivision shall also apply. Where a [pupil] STUDENT has
 been suspended in accordance with this [subparagraph  by  a]  PARAGRAPH,
 THE  BOARD  OF  EDUCATION OR TRUSTEES, THE CHANCELLOR OF THE CITY SCHOOL
 DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT  OF  THE  CITY  OF  NEW
 YORK,  OTHER  GOVERNING BODY, superintendent of schools, district super-
 intendent 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
 ENTITY OR INDIVIDUAL  THAT  CONDUCTS  THE  hearing  [officer]  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 stenographic transcript shall be required and [a
 tape] AN AUDIO recording shall be deemed a  satisfactory  record.    The
 ENTITY  OR  INDIVIDUAL  THAT  CONDUCTS  THE hearing [officer] shall make
 WRITTEN findings of fact BASED ON A PREPONDERANCE OF  THE  EVIDENCE  and
 SHALL  MAKE  recommendations as to the appropriate measure of discipline
 [to the superintendent] IF ANY. The report of the hearing officer  shall
 be advisory only, and the BOARD OF EDUCATION OR TRUSTEES, THE CHANCELLOR
 OF  THE  CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF

 S. 767--B                           9
 
 THE CITY OF NEW YORK, OTHER GOVERNING BODY, superintendent OF SCHOOLS OR
 DISTRICT SUPERINTENDENT OF SCHOOLS 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  super-
 intendent of schools] THE BOARD OF EDUCATION OR TRUSTEES, THE CHANCELLOR
 OF  THE  CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF
 THE CITY OF NEW YORK, OTHER GOVERNING BODY, SUPERINTENDENT  OF  SCHOOLS,
 OR  DISTRICT SUPERINTENDENT OF SCHOOLS SHALL ISSUE A WRITTEN DECISION TO
 THE SCHOOL AND PARENT OR PERSON IN  PARENTAL  RELATION  TO  THE  STUDENT
 WITHIN  THREE  DAYS OF THE HEARING. THE WRITTEN DECISION SHALL STATE THE
 LENGTH OF SUSPENSION, IF ANY, FINDINGS OF  FACT,  REASONS  FOR  DETERMI-
 NATION,  LENGTH  OF  SUSPENSION,  IF ANY, 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, instru-
 ments 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 appli-
 ance as evidence, notwithstanding a determination by a court in a crimi-
 nal or juvenile delinquency proceeding that the recovery of such weapon,
 instrument or appliance was the result of an unlawful search or seizure.
   [(2) Where a [pupil] STUDENT has been  suspended  in  accordance  with
 this  section  by  a board of education, the board may in its discretion
 hear and determine 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 OR HER. 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 OR HERSELF with the
 evidence in the case. The  board  may  reject,  confirm  or  modify  the
 conclusions of the hearing officer.
   d.]  E.  (1)  Consistent  with  the  federal gun-free schools act, any
 public school [pupil] STUDENT who is determined under  this  subdivision
 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  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 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 OR 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 paragraph [c] D  of  this  subdivision
 and the commissioner pursuant to section three hundred ten of this chap-
 ter.  Nothing  in  this  subdivision  shall  be  deemed to authorize the
 suspension of a student with a disability in violation of  the  individ-

 S. 767--B                          10
 
 uals  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 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  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
 subdivision forty-two of section 1.20 of the criminal procedure law, who
 has  been  determined  to  have brought a weapon or firearm to school in
 violation of this subdivision to the appropriate law  enforcement  offi-
 cials.
   (2)  Nothing  in this paragraph shall be deemed to mandate such action
 by a school district pursuant to subdivision one of this  section  where
 such  weapon or firearm is possessed or brought to school with the writ-
 ten 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 trustees or board of education or other
 governing body of the public  school  and  such  governing  body  adopts
 appropriate safeguards to ensure student safety.
   (3) 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
   (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.] F. Procedure after suspension. Where a [pupil] STUDENT  has  been
 suspended  pursuant to this subdivision and said [pupil is of compulsory
 attendance age] STUDENT HAS THE LEGAL RIGHT TO ATTEND SCHOOL,  immediate
 steps  shall  be  taken for his or her attendance upon instruction else-
 where [or for supervision or detention of said  pupil  pursuant  to  the
 provisions  of  article seven of the family court act].  Where a [pupil]
 STUDENT has been suspended for cause, the suspension may be  revoked  by
 the  board  of education OR 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, whenever it appears to be for the best
 interest  of  the  school and the [pupil] STUDENT to do so. The board of
 education may OR TRUSTEES, THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN
 THE CASE OF THE CITY SCHOOL DISTRICT FOR THE CITY OF NEW YORK, OR  OTHER
 GOVERNING  BODY,  also  condition a student's early return to school and
 suspension revocation on the [pupil's] STUDENT'S voluntary participation
 in counseling or specialized  classes,  including  anger  management  or
 dispute resolution, where applicable.
   [f.]  G.  Whenever  the  term "board of education or superintendent of
 schools" is used in this subdivision, it  shall  be  deemed  to  include
 BOARD  OF  TRUSTEES,  OTHER  GOVERNING  BODY, THE CHANCELLOR OF THE CITY
 SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT FOR THE CITY  OF
 NEW  YORK,  community  boards of education and community superintendents
 governing community districts in accordance with the provisions of arti-
 cle fifty-two-A of this chapter.
   [g.] H. Discipline of students with disabilities and students presumed
 to have a disability for discipline purposes.  (1)  Notwithstanding  any
 other  provision  of  this subdivision to the contrary, a student with a
 disability as such term is defined in section forty-four hundred one  of

 S. 767--B                          11
 
 this  chapter and a student presumed to have a disability for discipline
 purposes, may be suspended or removed from his  or  her  current  educa-
 tional  placement,  PROVIDED  THAT THE SUSPENSION OF SUCH STUDENT IS NOT
 PROHIBITED  BY  SECTION  TWENTY-EIGHT  HUNDRED  ONE OF THIS CHAPTER, for
 violation of [school rules] THE CODE OF CONDUCT only in accordance  with
 the  procedures  established  in  this  section,  the regulations of the
 commissioner implementing this paragraph, 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
 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) As used in this paragraph:
   [(1)]  (I)  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)  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) In applying the federal law consistent with this section:
   (i) in the event of a conflict between the procedures  established  in
 this section and those established in subsection (k) of section fourteen
 hundred fifteen of title twenty of the United States code and the feder-
 al regulations implementing such statute, such federal statute and regu-
 lations shall govern.
   (ii)  the  BOARD  OF  trustees  or  board  of  education of any school
 district, OTHER GOVERNING  BODY,  THE  CHANCELLOR  OF  THE  CITY  SCHOOL
 DISTRICT  OF  THE CITY OF NEW YORK, a district superintendent of schools
 or a building principal shall have authority, PROVIDED  THAT  SUSPENSION
 OF  SUCH  STUDENT IS NOT PROHIBITED BY PARAGRAPH C OF SUBDIVISION TWO OF
 SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER, to order the placement
 of a student with a disability into an appropriate  interim  alternative
 educational  setting,  another  setting or suspension, PROVIDED THAT THE
 SUSPENSION OF SUCH STUDENT IS NOT  PROHIBITED  BY  SECTION  TWENTY-EIGHT
 HUNDRED ONE OF THIS CHAPTER, 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) of this subparagraph,
 the suspension does not result in a change in  placement  under  federal
 law.
   (iii)  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, may order the placement of a student
 with a disability  into  an  interim  alternative  educational  setting,
 another  setting  or  suspension,  PROVIDED  THAT THE SUSPENSION OF SUCH
 STUDENT IS NOT PROHIBITED BY SECTION TWENTY-EIGHT HUNDRED  ONE  OF  THIS
 CHAPTER,  for up to ten consecutive school days, inclusive of any period
 in which the student is placed in  an  appropriate  interim  alternative
 educational  setting,  another  setting or suspension pursuant to clause
 (ii) of this subparagraph for the  behavior,  where  the  superintendent

 S. 767--B                          12
 
 determines  in accordance with the procedures set forth in this subdivi-
 sion that the student has engaged in behavior that  warrants  a  suspen-
 sion,  and, except as otherwise provided in clause (vi) of this subpara-
 graph,  the  suspension  does  not result in a change in placement under
 federal law.
   (iv) 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, may order the change in placement of
 a  student  with  a  disability  to  an  interim alternative educational
 setting for up to forty-five school days under the circumstances  speci-
 fied  in  subsection  (k)(1)(G)  of  section fourteen hundred fifteen of
 title twenty of the United  States  code  and  the  federal  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 super-
 intendent in accordance with this subdivision, PROVIDED THAT THE SUSPEN-
 SION OF SUCH STUDENT IS NOT PROHIBITED BY SECTION  TWENTY-EIGHT  HUNDRED
 ONE OF THIS CHAPTER.
   (v)  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)  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, PROVIDED THAT
 THE SUSPENSION OF SUCH STUDENT IS NOT PROHIBITED BY SECTION TWENTY-EIGHT
 HUNDRED ONE OF THIS CHAPTER.
   (vii) an impartial hearing officer appointed pursuant  to  subdivision
 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,  PROVIDED
 THAT  THE  SUSPENSION OF SUCH STUDENT IS NOT PROHIBITED BY SECTION TWEN-
 TY-EIGHT HUNDRED ONE OF THIS CHAPTER.
   (viii) 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 manifesta-
 tion of the student's disability, except as authorized under federal law
 and regulations.
   (ix) the commissioner shall implement this paragraph by adopting regu-
 lations 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.

 S. 767--B                          13
 
   [3-a.] I.  WHEN A STUDENT IS SUSPENDED  FROM  SCHOOL  CONSISTENT  WITH
 THIS  SECTION  AND SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER, THE
 PRINCIPAL,  OR  THE  PRINCIPAL'S  DESIGNEE,  IN  CONSULTATION  WITH  THE
 STUDENT'S  TEACHERS,  SHALL WITHIN TWENTY-FOUR HOURS CREATE AN EDUCATION
 PLAN  FOR  THE  STUDENT FOR EACH CLASS IN WHICH THE STUDENT IS ENROLLED,
 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 EDUCATION PLAN SHALL MAKE PROVISIONS FOR A  STUDENT'S  ON-GOING
 ACADEMIC  INSTRUCTION  DURING THE SUSPENSION AND SHALL INCLUDE THE STEPS
 THE SCHOOL WILL TAKE TO PROVIDE THE STUDENT WITH A  SUCCESSFUL  RE-ENTRY
 TO  SCHOOL.  THE STUDENT SHALL HAVE THE OPPORTUNITY TO EARN ALL ACADEMIC
 CREDIT HE OR SHE WOULD HAVE BEEN ELIGIBLE TO EARN HAD HE OR SHE BEEN  IN
 CLASS,  INCLUDING  THE OPPORTUNITY TO COMPLETE ANY MISSED ASSIGNMENTS OR
 TAKE ANY MISSED EXAMINATION OR ASSESSMENTS DURING THE STUDENT'S  SUSPEN-
 SION. IF AN EXAMINATION OR ASSESSMENT CANNOT BE RESCHEDULED, THE STUDENT
 SHALL  BE ALLOWED ON SCHOOL PROPERTY TO TAKE SUCH ASSESSMENT OR EXAMINA-
 TION ON THE DAY AND TIME THAT THE ASSESSMENT OR EXAMINATION IS GIVEN.
   3. Teacher removal of a [disruptive pupil] STUDENT.  In addition,  any
 teacher shall have the power and authority to remove a [disruptive pupil
 as  defined  in  subdivision  two-a  of this section,] STUDENT from such
 teacher's classroom consistent with discipline measures contained in the
 code of conduct adopted by the board pursuant  to  section  twenty-eight
 hundred  one  of  this  chapter. SUCH CLASSROOM REMOVAL SHALL NOT EXCEED
 ONE-HALF SCHOOL DAY ON THE SAME SCHOOL DAY. The  school  authorities  of
 any school district, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR CHAR-
 TER  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
 provided further that nothing]. WHEN  A  STUDENT  IS  REMOVED  FROM  THE
 CLASSROOM,  THE  STUDENT SHALL HAVE THE OPPORTUNITY TO EARN ALL ACADEMIC
 CREDIT INCLUDING THE OPPORTUNITY TO COMPLETE ANY MISSED  ASSIGNMENTS  OR
 TAKE  ANY  MISSED  EXAMINATIONS  OR  ASSESSMENTS  DURING  THE  STUDENT'S
 REMOVAL. IF AN EXAMINATION OR  ASSESSMENT  CANNOT  BE  RESCHEDULED,  THE
 STUDENT  SHALL  BE ALLOWED ON SCHOOL PROPERTY TO TAKE SUCH ASSESSMENT OR
 EXAMINATION ON THE DAY AND TIME THAT THE ASSESSMENT  OR  EXAMINATION  IS
 GIVEN.  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 determination pursuant to paragraph c of this subdivision,
 or the period of removal expires, whichever is less.
   a. 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] STUDENT'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] STUDENT
 to informally  present  the  [pupil's]  STUDENT'S  version  of  relevant
 events.  In  all  other  cases,  the  teacher  shall provide the [pupil]
 STUDENT with an explanation of the basis for the removal and an informal
 opportunity to be  heard  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.
   b.  The  principal  shall  inform  the  PARENT  OR  person in parental
 relation to such [pupil] STUDENT of the removal and the reasons therefor

 S. 767--B                          14
 
 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]
 STUDENT denies the charges, the principal shall provide  an  explanation
 of the basis for the removal and allow the [pupil] STUDENT and/or person
 in  parental  relation  to the [pupil] STUDENT an opportunity to present
 the [pupil's] STUDENT'S version of relevant events. Such informal [hear-
 ing] 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 corresponding  time
 on the second school day next following the [pupil's] 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
 of subdivision three of this section.
   c.  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 suspen-
 sion 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 contained
 in paragraph b of this subdivision.
   d. The principal may, in his or her  discretion,  designate  a  school
 district administrator, to carry out the functions required of the prin-
 cipal under this subdivision.
   4.  Expense.  [a.]  The  expense attending the commitment and costs of
 maintenance of any [school delinquent] 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 person in parental
 relation to contribute towards the maintenance of  a  school  delinquent
 under  sixteen  years  of  age  ordered to attend upon instruction under
 confinement. If the court shall find the  person  in  parental  relation
 able to contribute towards the maintenance of such a minor, it may issue
 an order fixing the amount to be paid weekly.]
   5. Involuntary transfers of [pupils] STUDENTS who have not been deter-
 mined  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] OR trustees [or sole  trustee,],
 THE  CHANCELLOR  OF  THE  CITY  SCHOOL  DISTRICT IN THE CASE OF THE CITY
 SCHOOL DISTRICT OF NEW YORK, OTHER GOVERNING BODY, 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] H of subdivision [three] TWO 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

 S. 767--B                          15
 
 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 bound-
 aries.
   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 when the [pupil] STUDENT would receive an  adequate  and  appropriate
 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. 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 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 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.
   6.  Transfer  of a [pupil] STUDENT.  Where a suspended [pupil] STUDENT
 is to be transferred pursuant to subdivision five 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 relating to  the  background  and
 problems  of the [pupil] STUDENT before the [pupil] STUDENT is placed in
 a classroom.
   7.  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

 S. 767--B                          16
 
 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.
   § 5. 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)] D. THE BOARD OF EDUCATION OR TRUSTEES,  THE  CHANCELLOR  OF  THE
 CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY
 OF  NEW  YORK,  OTHER  GOVERNING  BODY,  SUPERINTENDENT  OF  SCHOOLS, OR
 DISTRICT SUPERINTENDENT OF SCHOOLS, SHALL HAVE THE POWER  TO  SUSPEND  A
 STUDENT FOR A PERIOD NOT TO EXCEED TWENTY SCHOOL DAYS, PROVIDED THAT THE
 SUSPENSION  OF SUCH STUDENT IS NOT PROHIBITED BY PARAGRAPH C OF SUBDIVI-
 SION TWO OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER. No [pupil]
 STUDENT may be suspended for a period in  excess  of  five  school  days
 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 WRITTEN notice[, at which] SHALL INCLUDE A
 BRIEF  DESCRIPTION OF THE FACTS UPON WHICH THE ALLEGED VIOLATIONS OF THE
 CODE OF CONDUCT ARE BASED, THE SECTION OF THE CODE OF CONDUCT  THAT  THE
 STUDENT IS ALLEGED TO HAVE VIOLATED, AND THE DATE, TIME AND PLACE OF THE
 HEARING.  PRIOR  TO  THE  HEARING,  COPIES OF ALL EVIDENCE REGARDING THE
 ALLEGED INCIDENT SHALL BE PROVIDED TO THE STUDENT AND PARENT  OR  PERSON
 IN PARENTAL RELATION TO THE STUDENT. THE HEARING SHALL BE CONVENED WITH-
 IN  FIVE  DAYS  OF  THE  WRITTEN  NOTICE, UNLESS THE PARENT OR PERSON IN
 PARENTAL RELATION TO THE STUDENT OR STUDENT REQUESTS A  LATER  DATE.  AT
 THE HEARING, such [pupil] STUDENT shall have the right of representation
 by  [counsel]  AN  ATTORNEY  OR  ADVOCATE, with the right to REQUEST THE
 PRESENCE OF AND TO 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] STUDENT has been suspended in accord-
 ance with this subdivision [by a], THE BOARD OF EDUCATION  OR  TRUSTEES,
 THE  CHANCELLOR  OF  THE  CITY  SCHOOL  DISTRICT IN THE CASE OF THE CITY
 SCHOOL DISTRICT OF THE CITY OF NEW YORK, OTHER  GOVERNING  BODY,  super-
 intendent  of  schools, district superintendent 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 ENTITY OR INDIVIDUAL THAT CONDUCTS
 THE hearing [officer] 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  tran-
 script shall be required and [a tape] AN AUDIO recording shall be deemed
 a  satisfactory record. The ENTITY OR INDIVIDUAL THAT CONDUCTS THE hear-
 ing [officer] shall make WRITTEN findings of fact BASED ON A  PREPONDER-
 ANCE  OF THE EVIDENCE and SHALL MAKE recommendations as to the appropri-
 ate measure of discipline [to the superintendent] IF ANY.  The report of
 the hearing officer shall be advisory only, and the BOARD  OF  EDUCATION
 OR  TRUSTEES,  THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE OF
 THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, OTHER GOVERNING  BODY,
 superintendent  OF  SCHOOLS  OR  DISTRICT  SUPERINTENDENT OF SCHOOLS 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] THE BOARD OF EDUCA-
 TION OR TRUSTEES, THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE
 OF THE CITY SCHOOL DISTRICT OF THE CITY OF  NEW  YORK,  OTHER  GOVERNING

 S. 767--B                          17
 
 BODY,  SUPERINTENDENT  OF SCHOOLS, OR DISTRICT SUPERINTENDENT OF SCHOOLS
 SHALL ISSUE A WRITTEN DECISION TO THE SCHOOL AND  PARENT  OR  PERSON  IN
 PARENTAL  RELATION  TO THE STUDENT WITHIN THREE DAYS OF THE HEARING. THE
 WRITTEN  DECISION SHALL STATE THE LENGTH OF SUSPENSION, IF ANY, FINDINGS
 OF FACT, REASONS FOR DETERMINATION, LENGTH OF SUSPENSION, IF ANY, PROCE-
 DURES 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  subdivi-
 sion  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 proceed-
 ing that the recovery of such weapon, instrument or  appliance  was  the
 result of an unlawful search or seizure.
   § 6. 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.] E. Consistent with the federal gun-free schools act  of  nineteen
 hundred ninety-four, any public school [pupil] STUDENT who is determined
 under  this  subdivision  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 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  partic-
 ipation  in such program. The procedures of this subdivision shall apply
 to such a suspension of a nonpublic school  [pupil]  STUDENT.  A  super-
 intendent  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
 OR 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 paragraph c of this subdivision 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  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 to school in violation of  this  subdivi-
 sion to the appropriate law enforcement officials.
   [f.]  G.  Whenever  the  term "board of education or superintendent of
 schools" is used in this subdivision, it  shall  be  deemed  to  include

 S. 767--B                          18
 
 BOARD  OF  TRUSTEES,  OTHER  GOVERNING  BODY, THE CHANCELLOR OF THE CITY
 SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT FOR THE CITY  OF
 NEW  YORK,  community  boards of education and community superintendents
 governing community districts in accordance with the provisions of arti-
 cle  fifty-two-A  of  this chapter. 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.
   §  7.  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.] H. Discipline of students with disabilities and students presumed
 to  have  a  disability for discipline purposes. (1) Notwithstanding any
 other provision of this subdivision 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 educa-
 tional placement, PROVIDED THAT THE SUSPENSION OF SUCH  STUDENT  IS  NOT
 PROHIBITED  BY  SECTION  TWENTY-EIGHT  HUNDRED  ONE OF THIS CHAPTER, for
 violation of school rules only in accordance with the procedures  estab-
 lished in this section, the regulations of the commissioner implementing
 this  paragraph,  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 shall  be  construed  to
 confer greater rights on such students than are conferred under applica-
 ble  federal  law  and  regulations, or to limit the ability of a school
 district to change the educational placement of a student with  a  disa-
 bility  in accordance with the procedures in article eighty-nine of this
 chapter.
   (2) As used in this paragraph, a "student presumed to have a disabili-
 ty 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.
   (3) In applying the federal law consistent with this section:
   (i)  in  the event of a conflict between the procedures established in
 this section and those established in subsection (k) of section fourteen
 hundred fifteen of title twenty of the United States code and the feder-
 al regulations implementing such statute, such federal statute and regu-
 lations shall govern.
   (ii) the BOARD OF  trustees  or  board  of  education  of  any  school
 district,  OTHER  GOVERNING  BODY,  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,  PROVIDED  THAT  THE  SUSPENSION OF SUCH STUDENT IS NOT
 PROHIBITED BY SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER, 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) of this subparagraph, the suspension does not result in a
 change in placement under federal law.

 S. 767--B                          19
 
   (iii) 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, may order the placement of a student
 with  a  disability  into  an  interim  alternative educational setting,
 another  setting  or  suspension  for up to ten consecutive 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) 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  warrants
 a  suspension,  and, except as otherwise provided in clause (vi) of this
 subparagraph, the suspension does not result in a  change  in  placement
 under  federal  law, PROVIDED THAT THE SUSPENSION OF SUCH STUDENT IS NOT
 PROHIBITED BY SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER.
   (iv) 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, may order the change in placement of
 a  student  with  a  disability  to  an  interim alternative educational
 setting for up to forty-five days, but  not  to  exceed  the  period  of
 suspension  ordered by a superintendent in accordance with this subdivi-
 sion, 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,  PROVIDED  THAT  THE
 SUSPENSION  OF  SUCH  STUDENT  IS NOT PROHIBITED BY SECTION TWENTY-EIGHT
 HUNDRED ONE OF THIS CHAPTER.
   (v) 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) 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
 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, PROVIDED THAT THE SUSPENSION OF  SUCH
 STUDENT  IS  NOT  PROHIBITED BY SECTION TWENTY-EIGHT HUNDRED ONE OF THIS
 CHAPTER.
   (vii) an impartial hearing officer appointed pursuant  to  subdivision
 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,  PROVIDED  THAT  THE
 SUSPENSION  OF  SUCH  STUDENT  IS NOT PROHIBITED BY SECTION TWENTY-EIGHT
 HUNDRED ONE OF THIS CHAPTER.
   (viii) 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) the commissioner shall implement this paragraph by adopting regu-
 lations which coordinate  the  procedures  required  for  discipline  of
 students  with  disabilities, and students presumed to have a disability

 S. 767--B                          20
 
 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.
   §  8.  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.  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]  STUDENT'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]  STUDENT
 to  informally  present  the  [pupil's]  STUDENT'S  version  of relevant
 events. In all other  cases,  the  teacher  shall  provide  the  [pupil]
 STUDENT with an explanation of the basis for the removal and an informal
 opportunity  to  be  heard  within  twenty-four  hours  of the [pupil's]
 STUDENT'S removal.
   b. 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] STUDENT
 denies  the  charges,  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.
   c. 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  suspen-
 sion  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 contained
 in paragraph b of this subdivision.
   §  9.  This act shall take effect September 1, 2020; provided, however
 that:
   a. the amendments to subdivision 3 of section 2801  of  the  education
 law  made  by section two 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 three 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 four 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 five 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 four of this act shall be
 subject to the expiration and reversion of such paragraphs  pursuant  to

 S. 767--B                          21
 
 section 4 of chapter 425 of the laws of 2002, as amended, when upon such
 date the provisions of section six 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 four 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, when upon such date the
 provisions of section seven 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 four of this act 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 eight of this act shall take effect;
 and
   f.  the  amendments  to subdivision 7 of section 3214 of the education
 law, made by section four of this act, shall not affect  the  repeal  of
 such subdivision and shall be deemed repealed therewith.