S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5197
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by M. of A. NOLAN -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the education law, in relation  to  school  climate  and
   codes  of conduct on school property and disciplinary action following
   violation of such codes of conduct; and to amend the education law, in
   relation to making conforming amendments

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   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]
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06645-01-1

 A. 5197                             2
 
 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.
 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;

 A. 5197                             3
 
   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;
   [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-

 A. 5197                             4
 
 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
 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

 A. 5197                             5

 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
 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

 A. 5197                             6

 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-
 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.

 A. 5197                             7
 
   (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
 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

 A. 5197                             8
 
 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
 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

 A. 5197                             9
 
 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-
 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

 A. 5197                            10
 
 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
 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

 A. 5197                            11
 
 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
 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.

 A. 5197                            12
 
   (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.
   [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,

 A. 5197                            13
 
 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
 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

 A. 5197                            14
 
 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
 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.

 A. 5197                            15
 
   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
 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.

 A. 5197                            16

   § 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
 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

 A. 5197                            17
 
 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
 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-

 A. 5197                            18
 
 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.
   (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,

 A. 5197                            19
 
 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
 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.

 A. 5197                            20
 
   §  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, 2022; 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
 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

 A. 5197                            21
 
 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;
   d-1.  the amendments to clause (v) of subparagraph 3 of 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
 clause 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
 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.