S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5691--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 22, 2023
                                ___________
 
 Introduced   by   M.   of   A.  SOLAGES,  DICKENS,  O'DONNELL,  HYNDMAN,
   JEAN-PIERRE,  PRETLOW,  SAYEGH,  WALKER,   BICHOTTE HERMELYN,   AUBRY,
   EPSTEIN,  REYES,  TAYLOR,  PHEFFER AMATO, GLICK, CRUZ, SIMON, BRONSON,
   WALLACE, COOK, WILLIAMS, STIRPE,  L. ROSENTHAL,  SANTABARBARA,  RAMOS,
   DARLING, OTIS, WEPRIN, GONZALEZ-ROJAS, DAVILA, MEEKS, FORREST, HEVESI,
   KELLES,  GALLAGHER,  MAMDANI,  MITAYNES,  LUNSFORD,  LAVINE,  SEPTIMO,
   ANDERSON, DE LOS SANTOS, CARROLL, STECK, SEAWRIGHT, DINOWITZ, JACKSON,
   PAULIN, KIM, BURGOS, COLTON, CLARK, GIBBS,  TAPIA,  ZINERMAN,  HUNTER,
   FAHY,  RAJKUMAR, SHRESTHA, RAGA, SIMONE, BURDICK, ZACCARO, CUNNINGHAM,
   ARDILA, ALVAREZ, CHANDLER-WATERMAN, LUCAS, SHIMSKY, BORES, LEE, LEVEN-
   BERG -- read once and referred to the Committee on Education -- recom-
   mitted to the Committee on Education in accordance with Assembly  Rule
   3,  sec. 2 -- 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; to amend chapter 123 of  the  laws
   of 2003 amending the education law relating to establishing the commu-
   nity  district  education  council  within the New York city community
   school district system, in relation to the effectiveness  thereof;  to
   amend  chapter  430  of  the  laws of 2006, amending the education law
   relating to implementation of the federal individuals  with  disabili-
   ties  education improvement act of 2004, in relation to the effective-
   ness thereof;  to amend chapter 352 of the laws of 2005, amending  the
   education  law  relating  to implementation of the federal individuals
   with disabilities education improvement act of 2004,  in  relation  to
   the  effectiveness  thereof;  and  to amend chapter 378 of the laws of
   2007, amending the education law relating  to  implementation  of  the
   federal  individuals  with  disabilities  education improvement act of
   2004, in relation to the effectiveness thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02392-14-4
              

 A. 5691--A                          2
 
   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.   NOTWITHSTANDING  ANY
 PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, THIS SECTION SHALL
 APPLY  TO  ALL  PUBLIC  SCHOOLS  IN  THE  STATE.  For  purposes  of this
 section[,]:
   A. PUBLIC SCHOOL SHALL INCLUDE PUBLIC CHARTER SCHOOLS PURSUANT TO  THE
 PROVISIONS  OF  PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT
 HUNDRED FIFTY-THREE OF THIS TITLE; AND
   B. school property means in or within any building, structure, athlet-
 ic playing field, playground, parking lot or land contained  within  the
 real  property  boundary  line of [a] ALL public elementary or secondary
 [school] SCHOOLS; 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,  including  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 PUBLIC SCHOOL OR 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 extension board], 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 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  OR  PUBLIC
 SCHOOL,  OR  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES 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 AGENDA, A COPY OF THE PROPOSED
 CODE OF CONDUCT, AND INFORMATION ABOUT A PUBLIC COMMENT PERIOD AS DETER-
 MINED BY THE SCHOOL DISTRICT OR PUBLIC SCHOOL, OR BOARD  OF  COOPERATIVE
 EDUCATIONAL SERVICES.  THE SCHOOL DISTRICT OR PUBLIC SCHOOL, OR BOARD OF
 COOPERATIVE  EDUCATIONAL  SERVICES  SHALL TAKE NECESSARY STEPS TO NOTIFY
 FAMILIES WHO DO NOT SPEAK ENGLISH AND WHOSE CHILDREN ATTEND A SCHOOL  IN
 THE  DISTRICT  OR  PUBLIC  SCHOOL, OR A BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES. Such code of conduct shall DEFINE VIOLATIONS OF  THE  CODE  OF
 CONDUCT AND SET CLEAR EXPECTATIONS FOR STUDENT CONDUCT ON SCHOOL PROPER-
 TY, INCLUDING AT SCHOOL FUNCTIONS, AND SHALL include, at a minimum:
 A. 5691--A                          3
 
   a.  [provisions]  ACCEPTABLE  AND  UNACCEPTABLE BEHAVIOR.   PROVISIONS
 DETAILING ACCEPTABLE AND UNACCEPTABLE BEHAVIOR IN SCHOOLS SHALL  INCLUDE
 BEHAVIOR:
   (I)  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 prop-
 erty, including a school function[,]; and
   [provisions] (II) 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,
 including the appropriate range of  disciplinary measures which  may  be
 imposed  for violation of such code, and the roles of teachers, adminis-
 trators, other school personnel, the board of  education  and  parents;]
 FUNCTIONS.
   b.  DISCIPLINARY  MEASURES AND STRATEGIES. PROVISIONS DETAILING DISCI-
 PLINARY MEASURES SHALL:
   (I) BE AGE-APPROPRIATE, GRADUATED, AND PROPORTIONATE TO RESPOND TO ANY
 VIOLATION OF THE CODE OF CONDUCT BEFORE IMPOSING A  REMOVAL  OR  SUSPEN-
 SION,  THE  BUILDING  ADMINISTRATOR SHALL CONSULT WITH A SCHOOL PSYCHOL-
 OGIST OR OTHER MENTAL HEALTH PROFESSIONAL, TO DETERMINE  AGE-APPROPRIATE
 SUPPORTS  AND  INTERVENTIONS  FOR THE STUDENT FOR REMOVAL, DETENTION, OR
 SUSPENSION;
   (II) CONSIDER THE STUDENT'S WHOLE CIRCUMSTANCES FROM A  HOLISTIC  LENS
 INCLUDING  LIFE    INSIDE AND OUTSIDE OF SCHOOL THAT MAY IMPACT BEHAVIOR
 INCLUDING BUT NOT LIMITED TO FOOD  INSECURITY,  HOMELESSNESS,  BULLYING,
 LACK  OF  SCHOOL  SUPPLIES, ABUSE, HYGIENE ACCESS, AND OTHER ISSUES THAT
 MAY OCCUR IN OR OUT OF SCHOOL;
   (III) UTILIZE MULTI-TIERED SYSTEMS OF SUPPORT AND POSITIVE  BEHAVIORAL
 INTERVENTIONS, INCLUDING:
   (1)  USE  OF  THE  LEAST  SEVERE  ACTION  NECESSARY  TO RESPOND TO ANY
 VIOLATION OF THE CODE OF CONDUCT BEFORE IMPOSING A  REMOVAL  OR  SUSPEN-
 SION; AND
   (2)  RESTORATIVE PRACTICES, SOCIAL AND EMOTIONAL LEARNING, THERAPEUTIC
 CRISIS INTERVENTIONS, COUNSELING, DE-ESCALATION, COLLABORATIVE  PROBLEM-
 SOLVING,  CONFLICT  MEDIATION  OR RESOLUTION STRATEGIES, ENGAGEMENT WITH
 FAMILIES, CLASS MEETINGS, FACILITATED CIRCLES, CONFERENCES,  PEER  MEDI-
 ATION, AND OTHER INTERVENTIONS;
   (IV)  ENSURE  ANY  DISCIPLINARY STRATEGIES USED SHALL PROVIDE STUDENTS
 WITH THE OPPORTUNITY TO HOLD THEMSELVES ACCOUNTABLE FOR  THEIR  BEHAVIOR
 AND  REPAIR  ANY  HARM, WHICH MAY INCLUDE STRATEGIES TO BUILD COMMUNITY,
 STRENGTHEN RELATIONSHIPS, ENGAGE IN RESTORATIVE PRACTICES; AND  ALLOWING
 STUDENTS  THE  OPPORTUNITY TO REMEDY HARM THROUGH COMMUNITY SERVICE WITH
 CONSENT OF THEIR PARENTS OR PERSONS IN PARENTAL RELATIONS.
   C. SUSPENSION  PROVISIONS.  PROVISIONS  DETAILING  SCHOOL  SUSPENSIONS
 SHALL:
   (I)  PROHIBIT  THE  SUSPENSION OF STUDENTS IN PRE-KINDERGARTEN THROUGH
 GRADE THREE, EXCEPT IF A SUSPENSION IS NECESSARY TO COMPLY WITH APPLICA-
 BLE FEDERAL LAWS, INCLUDING THE GUN FREE SCHOOL ACT 20  U.S.C.  7961  ET
 AL.  IN  THE  EVENT  A  STUDENT IN GRADES PRE-K THROUGH THREE ENGAGES IN
 BEHAVIOR THAT WOULD OTHERWISE GIVE RISE TO CONSIDERATION OF A SUSPENSION
 WERE THEY IN GRADES FOUR AND ABOVE, SCHOOLS SHALL MAKE USE  OF  POSITIVE
 BEHAVIORAL SUPPORTS, AND ALL OTHER NECESSARY SERVICES AND INTERVENTIONS,
 INCLUDING  BUT NOT LIMITED TO FUNCTIONAL BEHAVIOR ASSESSMENTS AND BEHAV-
 IOR INTERVENTION PLANS, THAT MAY BE IMPLEMENTED TO  PREVENT  THE  RECUR-
 RENCE OF THE STUDENT'S BEHAVIORS;
   (II) PROHIBIT SUSPENSIONS FOR ACTS OF DISOBEDIENCE;
 A. 5691--A                          4
 
   (III)  PROHIBIT SUSPENSIONS TO RESPOND TO TARDINESS, UNEXCUSED ABSENCE
 FROM CLASS OR SCHOOL, LEAVING SCHOOL WITHOUT PERMISSION,  AND  VIOLATION
 OF SCHOOL DRESS CODE;
   (IV)  REQUIRE  SCHOOLS  TO  MAKE  A GOOD FAITH EFFORT TO MEET WITH THE
 PARENTS TO DEVELOP AND IMPLEMENT INTERVENTIONS AND A RE-ENTRY  PLAN  FOR
 ALL SCHOOL SUSPENSIONS, THIS INCLUDES MAKING SEVERAL ATTEMPTS TO CONTACT
 THE PARENT, PROVIDE REMOTE OPTIONS TO PARENTS, AND CONSIDER THE PARENT'S
 SCHEDULE;
   (V) PROVIDE FOR THE REMOVAL FROM THE CLASSROOM AND FROM SCHOOL PROPER-
 TY,  INCLUDING  A  SCHOOL  FUNCTION,  OF  STUDENTS AND OTHER PERSONS WHO
 VIOLATE THE CODE OF CONDUCT;
   (VI) PROVIDE 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;
   (VII) ESTABLISH DISCIPLINARY MEASURES TO BE TAKEN IN INCIDENTS INVOLV-
 ING  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;
   (VIII)  INCLUDE  EXCEPTIONS  TO  ALL  PROHIBITIONS  OR  LIMITATIONS OF
 SUSPENSION DESCRIBED IN THIS SECTION WHICH SHALL ONLY INCLUDE CONDUCT AS
 FOLLOWS:
   (1) SALE OR DISTRIBUTION OF TOBACCO, ALCOHOL, DRUGS OR  OTHER  ILLEGAL
 SUBSTANCES;
   (2)  CONDUCT  THAT WAS INTENDED AND  RESULTED IN SERIOUS BODILY INJURY
 UPON ANOTHER PERSON WHILE AT SCHOOL, ON SCHOOL PREMISES, OR AT A  SCHOOL
 FUNCTION;
   (3)  PHYSICAL  SEXUAL  ASSAULT  AND/OR  FORCING ANOTHER TO ENGAGE IN A
 SEXUAL ACTIVITY WHILE AT SCHOOL, ON SCHOOL  PREMISES,  OR  AT  A  SCHOOL
 FUNCTION; OR
   (4) IS NECESSARY TO COMPLY WITH APPLICABLE FEDERAL LAWS.
   D.  CODE  OF  CONDUCT  AND DISCIPLINARY PROCEDURES. SCHOOL AUTHORITIES
 SHALL ESTABLISH:
   (I) standards and procedures to assure security and safety of students
 and school personnel;
   [c. provisions for the removal from  the  classroom  and  from  school
 property, 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] (II) 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, WHICH SHALL INCLUDE:
   (1) AN EDUCATION PLAN THAT THE PRINCIPAL, OR THE PRINCIPAL'S DESIGNEE,
 IN CONSULTATION WITH  THE  STUDENT'S  TEACHERS,  SHALL  CREATE  FOR  THE
 STUDENT  FOR  EACH CLASS IN WHICH THE STUDENT IS ENROLLED. 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  THEY
 WOULD  HAVE BEEN ELIGIBLE TO EARN HAD THE STUDENT BEEN IN CLASS, INCLUD-
 A. 5691--A                          5
 
 ING THE OPPORTUNITY TO COMPLETE  ANY  MISSED  ASSIGNMENTS  OR  TAKE  ANY
 MISSED  EXAMINATIONS  OR  ASSESSMENTS  DURING  THE  STUDENT'S REMOVAL OR
 SUSPENSION;
   (2)  PROCEDURES  FOR  WHEN  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, UNLESS THE  STUDENT  PRESENTS  A  RISK  TO  THE
 HEALTH  AND  SAFETY OF THE SCHOOL COMMUNITY, THEN ALTERNATIVE SPACES MAY
 BE USED AS DESCRIBED IN SECTION  THIRTY-TWO  HUNDRED  FOURTEEN  OF  THIS
 CHAPTER;
   (3)  POLICIES  ON THE TIMEFRAME AN EDUCATIONAL PLAN SHALL BE COMPLETED
 AND IMPLEMENTED, THIS SHALL BE WITHIN A REASONABLE AND EXPEDITIOUS TIME-
 FRAME TO MITIGATE LEARNING LOSS IN ACCORDANCE WITH  THE  LENGTH  OF  THE
 SUSPENSION, PROVIDED THAT THE EDUCATION PLAN IS DELIVERED TO THE STUDENT
 NO LATER THAN FORTY-EIGHT HOURS AFTER THE START OF SUSPENSION; AND
   (4)  IN THE EVENT A SUSPENSION IS IMPOSED FOR TWENTY-ONE DAYS OR MORE,
 STARTING FROM THE FIRST DAY OF  EXCLUSION,  THE  EDUCATION  PLAN  SHALL,
 INCLUDE MEETINGS EVERY TEN SCHOOL DAYS COMPRISING OF THE STUDENT, PARENT
 OR  PERSON  IN  PARENTAL  RELATION,  GUIDANCE,  SCHOOL SUPPORT STAFF AND
 TEACHERS TO REVIEW THE STUDENT'S ACADEMIC PROGRESS, SERVICES AND  BARRI-
 ERS, IF ANY, TO A RETURN TO THE SCHOOL COMMUNITY. CONSIDERATION SHALL BE
 GIVEN  TO A TERMINATION OF SUSPENSION STATUS AND IMMEDIATE RETURN TO THE
 SCHOOL COMMUNITY.   IN NO EVENT SHALL A SUSPENSION BE LONGER THAN  FORTY
 DAYS UNLESS TO COMPLY WITH APPLICABLE FEDERAL LAW.
   [f.]  (III)  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.] (IV) provisions ensuring such code and  the  enforcement  thereof
 are  in compliance with state and federal laws relating to students with
 disabilities;
   [h.] (V) provisions setting forth the procedures by  which  local  law
 enforcement  agencies shall be notified of code violations which consti-
 tute a crime;
   [i.] (VI) provisions setting forth the circumstances under and  proce-
 dures  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,
 IMMIGRATION, OR JUVENILE  DELINQUENCY  INVESTIGATION  AND/OR  PROCEEDING
 AND/OR  IN A COURT OF LAW. THIS NOTICE SHALL BE GIVEN PRIOR TO A STUDENT
 PROVIDING A WRITTEN OR ORAL STATEMENT,  AND  THE  PARENT  OR  PERSON  IN
 PARENTAL  RELATION  TO  THE STUDENT SHALL HAVE AN OPPORTUNITY TO DISCUSS
 SUCH POTENTIAL CONSEQUENCES WITH THE STUDENT  PRIOR  TO  ANY  STATEMENTS
 BEING RECORDED;
   [j.] (VII) 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.] (VIII) 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];
   [l. a minimum suspension  period,  for  students  who  repeatedly  are
 substantially  disruptive  of  the  educational process or substantially
 A. 5691--A                          6

 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.] (IX) 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  REPRESENTING  TEACHERS,  SCHOOL-RELATED
 PROFESSIONALS, AND THE PRINCIPALS, and other school personnel and  shall
 be  approved  by the board of education OR TRUSTEES, [or other governing
 body,] THE CHARTER SCHOOL'S AUTHORIZERS 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, THE CHANCELLOR  OF  THE  CITY
 SCHOOL  DISTRICT  IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY OF
 NEW YORK 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  PUBLIC  SCHOOL  REGARDING  THE CODE OF CONDUCT, THE USE OF
 MULTI-TIERED  SYSTEMS  OF  SUPPORT,  POSITIVE  BEHAVIORAL  INTERVENTIONS
 INCLUDING  RESTORATIVE  PRACTICES,  AND  AGE-APPROPRIATE  GRADUATED  AND
 PROPORTIONATE DISCIPLINE, WHICH  MAY  INCLUDE  IMPLICIT  BIAS  TRAINING,
 ACCORDING TO COLLECTIVE BARGAINING AGREEMENTS.
   4.  [The] AT THE BEGINNING OF EACH SCHOOL YEAR, THE board of education
 OR TRUSTEES, THE chancellor [or other governing body] OF THE CITY SCHOOL
 DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT  OF  THE  CITY  OF  NEW
 YORK, 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 PUBLIC SCHOOL, POST THE
 CODE OF CONDUCT ON THE SCHOOL DISTRICT'S, PUBLIC 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] SUCH
 COPIES available thereafter upon request AND ON THE SCHOOL AND/OR SCHOOL
 DISTRICT'S WEBSITES. 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, or other  governing  body  shall  take  reasonable
 steps to ensure community awareness of the code OF CONDUCT'S provisions.
 A. 5691--A                          7
 
   5.  a. The board of education OR TRUSTEES, OR THE chancellor [or other
 governing body] OF THE CITY SCHOOL DISTRICT IN  THE  CASE  OF  THE  CITY
 SCHOOL DISTRICT OF THE CITY OF NEW YORK 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 administration. 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 COMMENCED UPON
 THIRTY DAYS' NOTICE) that  provides  for  the  participation  of  school
 personnel, parents, students and any other interested parties.
   b. Each district OR PUBLIC SCHOOL, OR BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES shall file a copy of its codes of conduct with the commissioner
 and  [all]  ANY  amendments to such code shall be filed with the commis-
 sioner no later than thirty days after their adoption.
   § 3. Section 17 of chapter 123 of the laws of 2003 amending the educa-
 tion law relating to establishing the community district education coun-
 cil within the New  York  city  community  school  district  system,  is
 amended to read as follows:
   §  17. This act shall take effect immediately; provided, however, that
 [the provisions] SECTIONS ONE THROUGH TWELVE, FOURTEEN  AND  FIFTEEN  of
 this act shall be deemed repealed on the same date as sections 1 through
 20, 24 and 26 through 30 of chapter 91 of the laws of 2002.
   §  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
 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. The school authorities of any city or school
 district may establish schools or  set  apart  rooms  in  public  school
 buildings  for the instruction of school delinquents, and fix the number
 of days per week and the hours per day  of  required  attendance,  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;
 A. 5691--A                          8

   (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. Suspension of a pupil] NOTWITHSTANDING ANY PROVISION OF  LAW,  RULE
 OR  REGULATION  TO  THE CONTRARY, THIS SECTION SHALL APPLY TO ALL PUBLIC
 SCHOOLS  IN  THE  STATE  INCLUDING  CHARTER  SCHOOLS  PURSUANT  TO   THE
 PROVISIONS  OF  PARAGRAPH (C) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT
 HUNDRED FIFTY-THREE OF THIS CHAPTER. WHENEVER THE TERM "BOARD OF  EDUCA-
 TION  OR SUPERINTENDENT OF SCHOOLS" IS USED IN THIS SECTION, IT SHALL BE
 DEEMED TO INCLUDE BOARD OF TRUSTEES, THE CHANCELLOR OF THE  CITY  SCHOOL
 DISTRICT  IN  THE  CASE  OF  THE CITY SCHOOL DISTRICT OF 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.
   2.  SUSPENSION  OF A STUDENT. 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, SUPERINTENDENT OF SCHOOLS, DISTRICT
 SUPERINTENDENT OF SCHOOLS AND THE PRINCIPAL  OF  THE  SCHOOL  WHERE  THE
 STUDENT ATTENDS SHALL HAVE THE POWER TO SUSPEND A STUDENT AS FOLLOWS:
   A.  FOR  A  PERIOD NOT TO EXCEED FIVE CONSECUTIVE SCHOOL DAYS PROVIDED
 THAT THE SUSPENSION OF SUCH STUDENT IS NOT PROHIBITED BY  SECTION  TWEN-
 TY-EIGHT HUNDRED ONE OF THIS CHAPTER.
   (1)  IN  THE CASE OF SUCH A SUSPENSION, THE SUSPENDING AUTHORITY SHALL
 PROVIDE THE   STUDENT WITH WRITTEN  NOTICE  OF  THE  CHARGED  MISCONDUCT
 INCLUDING  A  BRIEF  EXPLANATION  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,  THE
 PROCEDURES  FOR  APPEAL,  AND  THE  MANNER  AND  LOCATION OF ALTERNATIVE
 INSTRUCTION TO BE PROVIDED TO  THE  STUDENT  FOR  THE  DURATION  OF  THE
 SUSPENSION IF THE STUDENT IS SUSPENDED OUT OF SCHOOL.
   (2)  THE  STUDENT AND THE PARENT OR PERSON IN PARENTAL RELATION TO THE
 STUDENT SHALL BE GIVEN AN OPPORTUNITY FOR AN  INFORMAL  CONFERENCE  WITH
 THE  PRINCIPAL.  AT THE CONFERENCE, THE  STUDENT AND PARENT OR PERSON IN
 PARENTAL RELATION SHALL BE AUTHORIZED TO  REVIEW  ALL  EVIDENCE  OF  THE
 ALLEGED  MISCONDUCT, PRESENT THE  STUDENT'S VERSION OF THE EVENT, TO ASK
 QUESTIONS OF THE COMPLAINING WITNESSES, AND  TO  BE  REPRESENTED  BY  AN
 ATTORNEY  OR  ADVOCATE.  THE  AFORESAID  NOTICE  AND  OPPORTUNITY FOR AN
 INFORMAL CONFERENCE SHALL TAKE PLACE PRIOR TO SUSPENSION OF THE  STUDENT
 A. 5691--A                          9
 
 UNLESS THE 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  STUDENT'S  NOTICE  AND  OPPORTUNITY  FOR  AN
 INFORMAL CONFERENCE SHALL TAKE PLACE AS SOON AFTER THE SUSPENSION BEGINS
 AS IS REASONABLY PRACTICABLE.
   B.  FOR  A    PERIOD  NOT  TO  EXCEED  TWENTY CONSECUTIVE SCHOOL DAYS,
 PROVIDED THAT THE SUSPENSION OF SUCH STUDENT IS NOT PROHIBITED BY SUBDI-
 VISION TWO OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER, OR FOR A
 PERIOD IN EXCESS OF TWENTY CONSECUTIVE SCHOOL DAYS, PROVIDED THE SUSPEN-
 SION SHALL ONLY  BE  FOR  CONDUCT  THAT  FALLS  UNDER  AN  EXCEPTION  AS
 DESCRIBED  IN A CODE OF CONDUCT ADOPTED PURSUANT TO SECTION TWENTY-EIGHT
 HUNDRED ONE OF THIS CHAPTER OR PURSUANT TO APPLICABLE FEDERAL LAW.
   (1) NO STUDENT MAY BE SUSPENDED FOR A PERIOD IN EXCESS OF FIVE CONSEC-
 UTIVE SCHOOL DAYS  WITHOUT APPROVAL FROM THE SUPERINTENDENT.
   (2) IF APPROVED, SUCH STUDENT AND THE PARENT  OR  PERSON  IN  PARENTAL
 RELATION  TO SUCH STUDENT SHALL HAVE HAD AN OPPORTUNITY FOR A FAIR HEAR-
 ING, UPON  REASONABLE  WRITTEN  NOTICE,  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, INCLUDING BUT NOT LIMITED TO  STATEMENTS  BY  STUDENTS
 AND  STAFF, VIDEO SURVEILLANCE, ANECDOTAL RECORDS, PHOTOGRAPHS AND OTHER
 DOCUMENTARY EVIDENCE, AUDIO RECORDINGS, AND OTHER MATERIALS  RELATED  TO
 THE  INCIDENT  SHALL  BE PROVIDED TO THE STUDENT AND PARENT OR PERSON IN
 PARENTAL RELATION TO THE STUDENT, AND TO ANY ATTORNEY OR ADVOCATE OF THE
 STUDENT, AS WELL AS  NOTICE  OF  THE  TIME,  MANNER  AND  PLACE  OF  THE
 PROVISION  OF ALTERNATIVE INSTRUCTION WHEN A STUDENT IS REMOVED FROM THE
 SCHOOL BUILDING BECAUSE OF THE SUSPENSION PROCEEDING. THE HEARING  SHALL
 BE CONVENED WITHIN FIVE DAYS OF THE WRITTEN NOTICE, UNLESS THE PARENT OR
 PERSON  IN  PARENTAL RELATION TO THE STUDENT OR STUDENT REQUESTS A LATER
 DATE.
   (3) AT THE HEARING, SUCH STUDENT SHALL HAVE  THE  RIGHT  OF  REPRESEN-
 TATION  BY  AN ATTORNEY OR ADVOCATE, WITH THE RIGHT TO REQUEST THE PRES-
 ENCE OF AND QUESTION WITNESSES AGAINST SUCH STUDENT AND TO  REQUEST  THE
 PRESENCE OF AND PRESENT WITNESSES AND OTHER EVIDENCE ON THEIR BEHALF.
   (4)  WHERE  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.
   (5) WHERE A STUDENT HAS BEEN SUSPENDED IN ACCORDANCE WITH  THIS  PARA-
 GRAPH,  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, SUPERINTENDENT OF SCHOOLS, DISTRICT SUPERINTENDENT OF SCHOOLS,
 OR  COMMUNITY  SUPERINTENDENT  SHALL  PERSONALLY  HEAR AND DETERMINE THE
 PROCEEDING OR MAY, IN THEIR DISCRETION, DESIGNATE A HEARING  OFFICER  TO
 CONDUCT  THE HEARING. THE ENTITY OR INDIVIDUAL THAT CONDUCTS THE HEARING
 SHALL BE AUTHORIZED TO  ADMINISTER  OATHS  AND  TO  ISSUE  SUBPOENAS  IN
 CONJUNCTION WITH THE PROCEEDING.
   (6)  A  RECORD OF THE HEARING SHALL BE MAINTAINED, BUT NO STENOGRAPHIC
 TRANSCRIPT SHALL BE REQUIRED AND AN AUDIO RECORDING SHALL  BE  DEEMED  A
 SATISFACTORY  RECORD. THE ENTITY OR INDIVIDUAL THAT CONDUCTS THE HEARING
 SHALL MAKE WRITTEN FINDINGS OF FACT BASED  ON  A  PREPONDERANCE  OF  THE
 EVIDENCE AND SHALL MAKE RECOMMENDATIONS AS TO THE APPROPRIATE MEASURE OF
 DISCIPLINE  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
 A. 5691--A                         10
 
 NEW  YORK,  OTHER  GOVERNING BODY, SUPERINTENDENT OF SCHOOLS OR DISTRICT
 SUPERINTENDENT OF SCHOOLS MAY ACCEPT ALL OR ANY PART THEREOF.
   (7)  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,  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, PROCEDURES FOR APPEAL,
 THE DATE BY WHICH THE APPEAL SHALL BE FILED, AND THE MANNER AND LOCATION
 OF  ALTERNATIVE  INSTRUCTION TO BE PROVIDED TO THE STUDENT FOR THE DURA-
 TION OF THE SUSPENSION IF THE STUDENT IS SUSPENDED OUT OF SCHOOL.
   (8) 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.
   (9) WHERE A STUDENT HAS BEEN SUSPENDED IN ACCORDANCE WITH THIS SECTION
 BY A BOARD OF EDUCATION OR TRUSTEES, 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 THE SUPERINTENDENT. 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 THEMSELVES WITH THE
 EVIDENCE IN THE CASE. THE  BOARD  MAY  REJECT,  CONFIRM  OR  MODIFY  THE
 CONCLUSIONS OF THE HEARING OFFICER.
   C.  (1)  CONSISTENT  WITH THE FEDERAL GUN-FREE SCHOOLS ACT, ANY PUBLIC
 SCHOOL 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 SUBDIVI-
 SION  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 SUBDIVI-
 SION SHALL APPLY TO SUCH A SUSPENSION OF A NONPUBLIC SCHOOL  STUDENT.  A
 SUPERINTENDENT  OF SCHOOLS, DISTRICT SUPERINTENDENT OF SCHOOLS OR COMMU-
 NITY 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, OR THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN  THE  CASE
 OF  THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK, PURSUANT TO SUBDI-
 VISION ONE 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  STUDENT
 A. 5691--A                         11
 
 UNDER THE AGE OF SIXTEEN WHO HAS BEEN DETERMINED TO HAVE BROUGHT A WEAP-
 ON  OR  FIREARM TO SCHOOL IN VIOLATION OF THIS SUBDIVISION TO A PRESENT-
 MENT AGENCY FOR A JUVENILE DELINQUENCY PROCEEDING CONSISTENT WITH  ARTI-
 CLE  THREE  OF THE FAMILY COURT ACT EXCEPT 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. A SUPER-
 INTENDENT SHALL REFER ANY 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 CRIM-
 INAL 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 OFFICIALS.
   (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 TWO OF SUBSECTION G  OF
 SECTION NINE HUNDRED THIRTY OF TITLE EIGHTEEN OF THE UNITED STATES CODE.
   3. ALTERNATIVE  LEARNING SPACES OR  SCHOOLS. THE SCHOOL AUTHORITIES OF
 ANY  CITY, SCHOOL  DISTRICT OR PUBLIC SCHOOL, OR  BOARD  OF  COOPERATIVE
 EDUCATIONAL SERVICES SHALL ESTABLISH, TO THE EXTENT PRACTICABLE, SCHOOLS
 OR SET APART SPACES IN SCHOOL BUILDINGS OR PROPERTIES FOR  THE  INSTRUC-
 TION  OF 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. THE COMMISSIONER
 SHALL ESTABLISH GUIDANCE FOR ALTERNATIVE LEARNING SPACES OR SCHOOLS  FOR
 WHEN  STUDENTS  ARE  REMOVED  FROM THE CLASSROOM OR SUSPENDED, INCLUDING
 ALLOWING A STUDENT THAT HAS BEEN REMOVED OR SUSPENDED ON SCHOOL PROPERTY
 TO TAKE AN EXAMINATION OR ASSESSMENT THAT CANNOT BE RESCHEDULED WHEN THE
 STUDENT PRESENTS A RISK TO THE HEALTH AND SAFETY OF THE SCHOOL COMMUNITY
 AS IT APPLIES TO SUBDIVISIONS  SEVEN  AND  EIGHT  OF  THIS  SECTION  AND
 SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER.
   4.  CONSIDERATION  FOR STUDENT SUSPENSION. 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, the superintendent of schools, district superintendent of
 schools or principal of a school  may  suspend  [the  following  pupils]
 STUDENTS from required attendance upon instruction[:
   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 SUBDIVISION TWO OF THIS SECTION, 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,
 A. 5691--A                         12
 
 REDRESS ANY HARM OR DAMAGE, AND PREVENT FUTURE VIOLATIONS OF THE CODE OF
 CONDUCT.
   (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)  The  board of education, board of trustees, or sole trustee,
 superintendent of schools, district superintendent of  schools  and  the
 principal  of the school where the pupil attends shall have the power to
 suspend a pupil for a period not to exceed five school  days.    In  the
 case  of  such  a suspension, the suspending authority shall provide the
 pupil with notice of the charged misconduct.   If the pupil  denies  the
 misconduct, the suspending authority shall provide an explanation of the
 basis  for the suspension. The pupil and the person in parental relation
 to the pupil shall, on request, be given an opportunity for an  informal
 conference  with  the  principal  at  which  the  pupil and/or person in
 parental relation shall be authorized to present the pupil's version  of
 the  event and to ask questions of the complaining witnesses. The afore-
 said notice and opportunity for an informal conference shall take  place
 prior  to  suspension  of  the  pupil 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, in which case the pupil's
 notice and opportunity for an informal conference shall  take  place  as
 soon after the suspension as is reasonably practicable.
   (2) A teacher shall immediately report and refer a violent pupil prin-
 cipal  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 unless such pupil and the person in parental relation to such pupil
 shall  have  had  an  opportunity  for  a  fair hearing, upon reasonable
 notice, at which such pupil shall have the right  of  representation  by
 counsel,  with the right to question witnesses against such pupil and to
 present witnesses and other evidence on his or  her  behalf.  Where  the
 pupil  is  a  student  with a disability or a student presumed to have a
 disability, the provisions of paragraph g of this subdivision shall also
 apply. Where a pupil has been suspended in accordance with this subpara-
 graph  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  or  her
 discretion,  designate  a  hearing  officer  to conduct the hearing. 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  tran-
 script  shall  be required and a tape recording shall be deemed a satis-
 factory record.  The hearing officer shall make  findings  of  fact  and
 recommendations  as  to  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 the superintendent to the board  of
 A. 5691--A                         13

 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  superinten-
 dent  of schools.  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 proceed-
 ing that the recovery of such weapon, instrument or  appliance  was  the
 result of an unlawful search or seizure.
   (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.
   d.  (1) Consistent with the federal gun-free schools act,  any  public
 school  pupil 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  partic-
 ipation  in such program. The procedures of this subdivision shall apply
 to such a suspension of a nonpublic school pupil.  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 pursuant  to  para-
 graph  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
 under the age of sixteen who has been determined to have brought a weap-
 on or firearm to school in violation of this subdivision to  a  present-
 ment  agency for a juvenile delinquency proceeding consistent with arti-
 cle three of the family court act except 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.  A  super-
 intendent  shall  refer  any  pupil  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 crim-
 inal  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 officials.
 A. 5691--A                         14

   (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.] 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 AND EMOTIONAL HEALTH, DISABILITIES,  AND  PROVISIONS
 OF  AN  INDIVIDUALIZED  EDUCATION PROGRAM AS IT RELATES TO THE STUDENT'S
 BEHAVIOR;
   (3) THE STUDENT AS A WHOLE INCLUDING LIFE INSIDE AND OUTSIDE OF SCHOOL
 THAT MAY IMPACT BEHAVIOR SUCH AS FOOD INSECURITY,  HOMELESSNESS,  BULLY-
 ING,  LACK  OF  SCHOOL SUPPLIES, ABUSE, HYGIENE ACCESS, AND OTHER ISSUES
 THAT MAY OCCUR IN OR OUT OF SCHOOL;
   (4) THE STUDENT'S WILLINGNESS TO RESOLVE THE CONFLICT AND  REPAIR  ANY
 HARM OR DAMAGE;
   (5)  THE  STUDENT'S PRIOR CONDUCT, THE APPROPRIATENESS OF PRIOR INTER-
 VENTIONS, AND THE EFFECTIVENESS OF ANY PRIOR INTERVENTIONS;
   (6) THE RELATIONSHIP, IF ANY, BETWEEN THE STUDENT'S ACADEMIC PLACEMENT
 AND PROGRAM AND THE ALLEGED VIOLATION OF THE CODE OF CONDUCT; AND
   (7) OTHER FACTORS DETERMINED TO BE RELEVANT.
   5. 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] THEIR attendance upon instruction
 elsewhere [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, 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 the best interest of the school and
 the [pupil] STUDENT to do so. The board of education OR TRUSTEES, OR THE
 CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE OF  THE  CITY  SCHOOL
 DISTRICT  FOR THE CITY OF NEW YORK, may 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. Whenever  the  term  "board  of  education  or  superintendent  of
 schools"  is  used  in  this  subdivision, it shall be deemed to include
 community boards of education and  community  superintendents  governing
 community  districts in accordance with the provisions of article fifty-
 two-A of this chapter.
 A. 5691--A                         15

   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 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 disci-
 pline purposes, may be suspended or removed  from  [his  or  her]  THEIR
 current  educational  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  regu-
 lations  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  regu-
 lations,  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:
   (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.
   [(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,  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  PROHIB-
 ITED  BY  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  PROHIB-
 ITED  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  FOUR  OF THIS PARAGRAPH, 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,  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,
 A. 5691--A                         16
 
 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 TWO OF THIS PARAGRAPH 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  FOUR  OF  THIS  PARAGRAPH,  the
 suspension does not result in a change in placement under federal law.
   [(iv)]  (4) 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,  PROVIDED THAT THE SUSPENSION OF SUCH STUDENT IS NOT PROHIBITED BY
 SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER.
   [(v)] (5) 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)]  (6) 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  TWEN-
 TY-EIGHT HUNDRED ONE OF THIS CHAPTER.
   [(vii)]  (7) an impartial hearing officer appointed pursuant to subdi-
 vision 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)]  (8)  nothing in this section shall be construed to authorize
 the suspension or removal of a student with a disability  from  [his  or
 her]  THEIR  current educational placement for violation of school rules
 following a determination by a manifestation team that the behavior is a
 manifestation of the student's disability, except  as  authorized  under
 federal law and regulations.
   [(ix)] (9) 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
 A. 5691--A                         17
 
 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.]  7.  EDUCATION  PLAN.   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 CONSULTA-
 TION WITH THE STUDENT'S TEACHERS, SHALL CREATE AN EDUCATION PLAN FOR THE
 STUDENT FOR EACH CLASS IN WHICH THE STUDENT IS  ENROLLED,  ACCORDING  TO
 THE  TIMEFRAME  POLICIES  REQUIRED  IN  THE CODE OF CONDUCT DESCRIBED IN
 SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER.   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 THEY WOULD HAVE
 BEEN ELIGIBLE TO EARN HAD THE  STUDENT  BEEN  IN  CLASS,  INCLUDING  THE
 OPPORTUNITY  TO COMPLETE ANY MISSED ASSIGNMENTS OR TAKE ANY MISSED EXAM-
 INATION OR ASSESSMENTS DURING THE STUDENT'S SUSPENSION. IF  AN  EXAMINA-
 TION  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,  UNLESS  THE  STUDENT
 PRESENTS  A  RISK  TO THE HEALTH AND SAFETY OF THE SCHOOL COMMUNITY THEN
 THE ASSESSMENT OR EXAMINATION SHOULD BE PROVIDED IN AN ALTERNATIVE SPACE
 AS DESCRIBED IN SUBDIVISION THREE OF THIS SECTION, IF AVAILABLE.
   8. 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.  The school authorities of any school
 district  OR  PUBLIC  SCHOOL,  BOARD OF COOPERATIVE EDUCATIONAL SERVICES
 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]  SECTION.   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 UNLESS THE
 STUDENT PRESENTS A RISK TO THE HEALTH AND SAFETY OF THE SCHOOL COMMUNITY
 THEN THE ASSESSMENT OR EXAMINATION SHOULD BE PROVIDED IN AN  ALTERNATIVE
 SPACE  AS  DESCRIBED IN SUBDIVISION THREE OF THIS SECTION, IF AVAILABLE.
 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
 A. 5691--A                         18
 
 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
 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]  FIVE  of
 paragraph [g] C of subdivision [three] SIX 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] THEIR  discretion,  designate  a
 school  district  administrator,  to carry out the functions required of
 the principal under this subdivision.
   [4.] 9. 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] THE STUDENT 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.]  10.  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] 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
 A. 5691--A                         19
 
 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] subdivision [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 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] 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.
   E. Parental consent to a transfer shall not constitute a waiver of the
 right to a fair hearing.
   [6.] 11. Transfer of a [pupil] STUDENT.   Where  a  suspended  [pupil]
 STUDENT  is to be transferred pursuant to subdivision [five] TEN of this
 section, [he or she] THE STUDENT shall remain on  the  register  of  the
 original  school  for  two  school days following transmittal of [his or
 her] THEIR records to the school to which [he or she] THE STUDENT is  to
 be  transferred.  The  receiving school shall immediately upon receiving
 those records  transmitted  by  the  original  school,  review  them  to
 [insure]  ENSURE 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
 A. 5691--A                         20

 problems of the [pupil] STUDENT before the [pupil] STUDENT is placed  in
 a classroom.
   [7.]  12.  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.
   13.  ANNUAL REPORT ON STUDENT DISCIPLINE. A. THE BOARD OF EDUCATION OR
 SUPERINTENDENT OF SCHOOLS SHALL POST ON ITS WEBSITE AND  SUBMIT  TO  THE
 DEPARTMENT  BY OCTOBER THIRTY-FIRST OF EACH YEAR AN ANNUAL REPORT, BASED
 ON DATA FROM THE PRECEDING SCHOOL YEAR, ON THE DISCIPLINE  OF  STUDENTS.
 THE  DEPARTMENT SHALL ANALYZE THE COLLECTED DATA AND COMPARE TO PREVIOUS
 YEAR POST COLLECTED ANNUAL REPORTS ON THEIR WEBSITE BY NOVEMBER  THIRTI-
 ETH OF EACH YEAR.
   B. THE COMMISSIONER SHALL ESTABLISH AND DISTRIBUTE A UNIFORM REPORTING
 STRUCTURE  FOR  SCHOOL  DISTRICTS  TO  FILL OUT FOR ANNUAL REPORT ON THE
 DISCIPLINE OF STUDENTS REQUIREMENT, PURSUANT TO  THIS  SUBDIVISION.  THE
 UNIFORM REPORTING STRUCTURE SHALL COLLECT DATA ON THE FOLLOWING:
   (1)  THE  NUMBER  OF  TEACHER  REMOVALS,  NUMBER  OF DAYS REMOVED, AND
 PURPOSE OF REMOVAL;
   (2) THE NUMBER OF SUSPENSIONS, LENGTH OF SUSPENSION,  AND  PURPOSE  OF
 SUSPENSION;
   (3)  THE  NUMBER  OF  STUDENTS  SUBJECTED  MORE THAN ONCE TO A TEACHER
 REMOVAL, SUSPENSION, OR ANY COMBINATION THEREOF;
   (4) THE NUMBER OF STUDENTS SUBJECTED TO AN EXPULSION; AND
   (5) THIS DATA SHALL BE DISAGGREGATED,  WHERE  APPARENT,  DISCLOSED  OR
 DISCOVERABLE:  BY RACE, ETHNICITY, GENDER, GENDER EXPRESSION, SEXUALITY,
 FAMILY INCOME OR ECONOMIC STATUS, RELIGION, GRADE, YEAR OF BIRTH, WHETH-
 ER THE INDIVIDUAL IS RECEIVING SPECIAL EDUCATION SERVICES,  WHETHER  THE
 INDIVIDUAL IS AN ENGLISH LANGUAGE LEARNER, AND HOMELESS STATUS.
   §  5. Subdivision (a) of section 8 of chapter 430 of the laws of 2006,
 amending the education law relating to  implementation  of  the  federal
 individuals  with  disabilities  education  improvement  act of 2004, as
 amended by chapter 253 of the laws  of  2021,  is  amended  to  read  as
 follows:
   (a)  sections  one[,  two,]  and  six  of this act shall expire and be
 deemed repealed June 30, 2024;
   § 6.  Section 22 of chapter 352 of the  laws  of  2005,  amending  the
 education law relating to implementation of the federal individuals with
 disabilities  education  improvement  act of 2004, as amended by chapter
 253 of the laws of 2021, is amended to read as follows:
   § 22. This act shall take effect July 1, 2005, provided,  however,  if
 this  act  shall become a law after such date it shall take effect imme-
 diately and shall be deemed to have been in full force and effect on and
 after July 1, 2005; and provided further,  however,  that  sections  one
 through [four] THREE and six through twenty-one of this act shall expire
 and be deemed repealed June 30, 2024, and section five of this act shall
 expire and be deemed repealed June 30, 2024.
   §  7.  Subdivision d of section 27 of chapter 378 of the laws of 2007,
 amending the education law relating to  implementation  of  the  federal
 A. 5691--A                         21
 
 individuals  with  disabilities  education  improvement  act of 2004, as
 amended by chapter 253 of the laws  of  2021,  is  amended  to  read  as
 follows:
   d.  [the provisions] SECTIONS ONE, TWO AND FOUR THROUGH TWENTY-FIVE of
 this act shall expire and be deemed repealed June 30, 2024.
   § 8. This act shall take effect immediately;  provided,  however  that
 sections two and four of this act shall take effect July 1, 2025.