S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1040
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sens.  JACKSON,  BAILEY,  BROUK, CLEARE, COMRIE, COONEY,
   GIANARIS,  HARCKHAM,  HOYLMAN,  KAVANAGH,  LIU,  MAY,  MYRIE,  PARKER,
   PERSAUD,  RAMOS,  RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, THOMAS
   -- read twice and ordered printed, and when printed to be committed to
   the Committee on Education

 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02392-02-3
              

 S. 1040                             2
 
   2. The board of education or the trustees[, as defined in section  two
 of  this  chapter,]  of every school district [within the state, however
 created, and every] OR THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE
 CASE OF THE CITY SCHOOL DISTRICT OF THE CITY  OF  NEW  YORK,  AND  EVERY
 board  of cooperative educational services and [county vocational exten-
 sion board] CHARTER SCHOOL, shall adopt and  amend,  as  appropriate,  a
 code of conduct for the maintenance of order on school property, includ-
 ing  a school function, which shall PROMOTE AND SUSTAIN A SAFE, RESPECT-
 FUL, AND  SUPPORTIVE  SCHOOL  ENVIRONMENT  AND  govern  the  conduct  of
 students,  teachers  and  other school personnel as well as visitors and
 shall provide for the enforcement thereof. Such policy may be adopted by
 the [school] board OF EDUCATION or trustees, OR THE  CHANCELLOR  OF  THE
 CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY
 OF  NEW  YORK,  OR  OTHER  GOVERNING BODY only after at least one public
 hearing  that  provides  for  the  participation  of  school  personnel,
 parents,  students and any other interested parties BEFORE ITS ADOPTION.
 THE SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR CHAR-
 TER SCHOOL SHALL NOTIFY THE SCHOOL COMMUNITY AND  GENERAL  PUBLIC  ABOUT
 THE HEARING AT LEAST FIFTEEN DAYS PRIOR TO THE DATE OF THE HEARING. SUCH
 NOTICE SHALL INCLUDE THE DATE, TIME, AND PLACE OF THE HEARING, THE AGEN-
 DA,  A  COPY  OF  THE  PROPOSED CODE OF CONDUCT, AND INFORMATION ABOUT A
 PUBLIC COMMENT PERIOD AS DETERMINED BY THE  SCHOOL  DISTRICT,  BOARD  OF
 COOPERATIVE  EDUCATIONAL  SERVICES,  OR  CHARTER  SCHOOL.    THE  SCHOOL
 DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR  CHARTER  SCHOOL
 SHALL  TAKE  NECESSARY STEPS TO NOTIFY FAMILIES WHO DO NOT SPEAK ENGLISH
 AND WHOSE CHILDREN ATTEND A SCHOOL IN THE DISTRICT, A BOARD  OF  COOPER-
 ATIVE  EDUCATIONAL  SERVICES,  OR A CHARTER SCHOOL. Such code of conduct
 shall DEFINE VIOLATIONS OF THE CODE OF CONDUCT AND  SET  CLEAR  EXPECTA-
 TIONS  FOR STUDENT CONDUCT ON SCHOOL PROPERTY, INCLUDING AT SCHOOL FUNC-
 TIONS, AND SHALL include, at a minimum:
   a. provisions regarding conduct, dress and language deemed appropriate
 and acceptable on school property,  including  a  school  function,  and
 conduct,  dress  and  language  deemed unacceptable and inappropriate on
 school property, including a school function[, and];
   B. provisions regarding acceptable civil and respectful  treatment  of
 teachers,  school  administrators,  other school personnel, students and
 visitors on school property[, including  a]  AND  AT  school  [function]
 FUNCTIONS, including [the appropriate] A range of AGE-APPROPRIATE GRADU-
 ATED  AND  PROPORTIONATE disciplinary measures which [may be imposed for
 violation of such] MUST BE CONSIDERED IN RESPONDING TO A code VIOLATION,
 and the roles of teachers, administrators, other school  personnel,  the
 board  of  education  OR  TRUSTEES, OR THE CHANCELLOR OF THE CITY SCHOOL
 DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT  OF  THE  CITY  OF  NEW
 YORK, OR OTHER GOVERNING BODY, and parents.
   B-1.  PROVISIONS  THAT  REQUIRE SCHOOLS TO USE THE LEAST SEVERE ACTION
 NECESSARY TO RESPOND TO ANY VIOLATION OF  THE  CODE  OF  CONDUCT  BEFORE
 IMPOSING  A REMOVAL OR SUSPENSION.  SUCH OPTIONS MAY INCLUDE RESTORATIVE
 PRACTICES, SOCIAL  AND  EMOTIONAL  SUPPORTS,  AND  OTHER  INTERVENTIONS.
 RESTORATIVE  PRACTICES  MAY INCLUDE CLASS MEETINGS, FACILITATED CIRCLES,
 CONFERENCES, PEER MEDIATION, AND OTHER  INTERVENTIONS  THAT  CAN  EFFEC-
 TIVELY  ADDRESS  STUDENT MISCONDUCT, HOLD STUDENTS ACCOUNTABLE FOR THEIR
 BEHAVIOR, AND FOSTER HEALTHY RELATIONSHIPS WITHIN THE SCHOOL  COMMUNITY.
 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;
 S. 1040                             3
 
   [b.]  B-2. PROVISIONS THAT PROHIBIT CLASSROOM REMOVALS AND SUSPENSIONS
 TO RESPOND TO TARDINESS, UNEXCUSED ABSENCE FROM CLASS OR SCHOOL, LEAVING
 SCHOOL WITHOUT PERMISSION, VIOLATION OF SCHOOL DRESS CODE, AND  LACK  OF
 IDENTIFICATION UPON REQUEST OF SCHOOL PERSONNEL;
   B-3. PROVISIONS THAT PROHIBIT SUSPENSIONS FOR INITIAL OR REPEATED ACTS
 OF  WILLFUL DISOBEDIENCE.  "WILLFUL DISOBEDIENCE" SHALL MEAN DISRUPTIVE,
 INSUBORDINATE, OR ROWDY BEHAVIOR, INCLUDING BEHAVIORS SUCH AS THE USE OF
 FOUL OR INAPPROPRIATE LANGUAGE, GESTURES, COMMENTS, OR REFUSAL TO FOLLOW
 DIRECTIONS;
   C. PROVISIONS THAT PROHIBIT THE SUSPENSION OF STUDENTS IN  PRE-KINDER-
 GARTEN  THROUGH GRADE THREE, EXCEPT IF SUSPENSION IS NECESSARY TO COMPLY
 WITH APPLICABLE FEDERAL LAWS;
   D. standards and procedures to assure security and safety of  students
 and school personnel;
   [c.]  E. provisions for the removal from the classroom and from school
 property, including a school function, of students and other persons who
 violate the code OF CONDUCT;
   [d.] F. disciplinary measures to be taken in incidents  involving  the
 possession  or use of illegal substances or weapons, the use of physical
 force, vandalism,  violation  of  another  student's  civil  rights  and
 threats of violence;
   [e.]  G.  provisions  for  detention,  suspension and removal from the
 classroom of students, consistent with section thirty-two hundred  four-
 teen  of this chapter and other applicable federal, state and local laws
 [including];
   H. provisions for the school authorities  to  establish  policies  and
 procedures  to ensure the provision of continued educational programming
 and activities for  students  removed  from  the  classroom,  placed  in
 detention,  or  suspended from school.  WHEN A STUDENT IS SUSPENDED FROM
 SCHOOL OR REMOVED FROM THE CLASSROOM, THE PRINCIPAL, OR THE  PRINCIPAL'S
 DESIGNEE,  IN  CONSULTATION  WITH  THE STUDENT'S TEACHERS, SHALL, WITHIN
 TWENTY-FOUR HOURS, CREATE AN EDUCATION PLAN FOR  THE  STUDENT  FOR  EACH
 CLASS  IN  WHICH  THE STUDENT IS ENROLLED, PROVIDED THAT IF SUCH TWENTY-
 FOUR HOUR PERIOD DOES NOT END ON A SCHOOL DAY, IT SHALL BE  EXTENDED  TO
 THE  CORRESPONDING TIME ON THE NEXT SCHOOL DAY. THE EDUCATION PLAN SHALL
 MAKE PROVISIONS FOR A STUDENT'S ON-GOING ACADEMIC INSTRUCTION DURING THE
 REMOVAL OR SUSPENSION AND SHALL INCLUDE THE STEPS THE SCHOOL  WILL  TAKE
 TO PROVIDE THE STUDENT WITH A SUCCESSFUL RE-ENTRY TO SCHOOL. THE STUDENT
 SHALL  HAVE  THE OPPORTUNITY TO EARN ALL ACADEMIC CREDIT 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-
 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;
 S. 1040                             4

   i.] K. provisions setting forth the circumstances under and procedures
 by which PARENTS OR persons in parental relation to the student  ACCUSED
 OF  VIOLATING  THE  CODE  OF  CONDUCT  shall be notified of SUCH code OF
 CONDUCT violations INCLUDING NOTICE THAT ANY STATEMENT BY  THE  STUDENT,
 WRITTEN  OR  ORAL,  MAY BE USED AGAINST THE STUDENT IN A CRIMINAL, IMMI-
 GRATION, OR JUVENILE DELINQUENCY INVESTIGATION AND/OR PROCEEDING  AND/OR
 IN A COURT OF LAW;
   [j.]  L.  provisions  setting forth the circumstances under and proce-
 dures by which a [complaint in criminal court,  a  juvenile  delinquency
 petition]  STUDENT  MAY  BE REFERRED TO LAW ENFORCEMENT, CONSISTENT WITH
 THE PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED ONE-A OF THIS ARTICLE, or
 REFERRED FOR A person in need of  supervision  petition  as  defined  in
 articles three and seven of the family court act will be filed;
   [k.]  M.  circumstances  under and procedures by which [referral to] A
 STUDENT MAY BE  REFERRED  TO  ACADEMIC  SERVICES,  SCHOOL-BASED  SUPPORT
 SERVICES, OR appropriate human service agencies [shall be made]; AND
   [l.  a  minimum  suspension  period,  for  students who repeatedly are
 substantially disruptive of the  educational  process  or  substantially
 interfere with the teacher's authority over the classroom, provided that
 the  suspending authority may reduce such period on a case by case basis
 to be consistent with any other state and federal law. For  purposes  of
 this  section,  the  definition of "repeatedly are substantially disrup-
 tive" shall be determined in accordance  with  the  regulations  of  the
 commissioner;
   m.  a  minimum suspension period for acts that would qualify the pupil
 to be defined as a violent pupil pursuant to paragraph a of  subdivision
 two-a  of  section thirty-two hundred fourteen of this chapter, provided
 that the suspending authority may reduce such period on a case  by  case
 basis to be consistent with any other state and federal law; and]
   n. provisions to comply with article two of this chapter.
   3.  The [district] code of conduct shall be developed in collaboration
 with [student, teacher, administrator, and parent organizations]  REPRE-
 SENTATIVES  FROM  INTERESTED STAKEHOLDERS INCLUDING, BUT NOT LIMITED TO,
 STUDENTS, TEACHERS, ADMINISTRATORS, PARENTS,  school  safety  personnel,
 COLLECTIVE  BARGAINING  UNITS,  and  other school personnel and shall be
 approved by the board of education OR  TRUSTEES,  [or]  other  governing
 body,  or  by  the chancellor of the city school district in the case of
 the city school district of the city of New York.  In  the  city  school
 district  of  the  city  of  New York, each community district education
 council shall be authorized to adopt and implement additional  policies,
 which  are  consistent  with  the  city district's district-wide code of
 conduct, to reflect  the  individual  needs  of  each  community  school
 district  provided  that  such  additional  policies  shall  require the
 approval of the chancellor.
   3-A. THE BOARD OF EDUCATION OR TRUSTEES, CHANCELLOR OF THE CITY SCHOOL
 DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT  OF  THE  CITY  OF  NEW
 YORK,  OR OTHER GOVERNING BODY SHALL PROVIDE PROFESSIONAL DEVELOPMENT IN
 ACCORDANCE WITH THIS SECTION FOR SCHOOL PERSONNEL, LAW  ENFORCEMENT  AND
 PUBLIC  OR  PRIVATE  SECURITY PERSONNEL EMPLOYED, RETAINED OR CONTRACTED
 WITH A SCHOOL DISTRICT OR CHARTER SCHOOL REGARDING THE CODE OF  CONDUCT,
 THE USE OF INTERVENTIONS, AND GRADUATED AND PROPORTIONATE DISCIPLINE.
   4.  [The] AT THE BEGINNING OF EACH SCHOOL YEAR, THE board of education
 OR TRUSTEES, chancellor OF THE CITY SCHOOL DISTRICT IN THE CASE  OF  THE
 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,
 S. 1040                             5
 
 BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES, OR CHARTER SCHOOL, POST THE
 CODE OF CONDUCT ON THE SCHOOL DISTRICT'S, CHARTER SCHOOL'S OR  BOARD  OF
 COOPERATIVE EDUCATIONAL SERVICES WEBSITE, provide copies of a summary of
 the  code  of conduct to all students at a general assembly [held at the
 beginning of the school year and shall make copies of the code available
 to persons in parental relation to students at  the  beginning  of  each
 school  year,  and  shall]  OR  CLASSROOM  LESSON, mail a plain language
 summary of such code to all PARENTS OR persons in parental  relation  to
 students before the beginning of each school year, and make it available
 thereafter  upon  request. The board of education OR TRUSTEES, THE chan-
 cellor OF THE CITY SCHOOL DISTRICT  IN  THE  CASE  OF  THE  CITY  SCHOOL
 DISTRICT  OF  THE  CITY  OF NEW YORK, or other governing body shall take
 reasonable steps to ensure community awareness of the code OF  CONDUCT'S
 provisions.
   5.  a.  The board of education OR TRUSTEES, THE chancellor OF THE CITY
 SCHOOL DISTRICT IN THE CASE OF THE CITY OF NEW YORK or  other  governing
 body shall annually review and update the district's codes of conduct if
 necessary,  taking  into  consideration  the  effectiveness  of  code OF
 CONDUCT provisions and the fairness  and  consistency  of  its  adminis-
 tration. Each school district is authorized to establish a committee and
 to  facilitate  the  review  of  the  code of conduct and the district's
 response to code of conduct violations.  Any  such  committee  shall  be
 comprised  of similar individuals described in subdivision three of this
 section. The [school] board OF EDUCATION OR TRUSTEES, THE chancellor  OF
 THE  CITY  SCHOOL DISTRICT IN THE CASE OF THE CITY OF NEW YORK, or other
 governing body shall reapprove any such updated code only after at least
 one public hearing that provides for the participation of school person-
 nel, parents, students and any other interested parties.
   b. Each district, BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND CHAR-
 TER SCHOOL shall file a copy of its codes of conduct  with  the  commis-
 sioner  and  [all]  ANY  amendments to such code shall be filed with the
 commissioner no later than thirty days after their adoption.
   § 3. Subdivision 3 of section 2801 of the education law, as  added  by
 chapter 181 of the laws of 2000, is amended to read as follows:
   3.  The [district] code of conduct shall be developed in collaboration
 with [student, teacher, administrator, and parent organizations]  REPRE-
 SENTATIVES  FROM  INTERESTED STAKEHOLDERS INCLUDING, BUT NOT LIMITED TO,
 STUDENTS, TEACHERS, ADMINISTRATORS, PARENTS,  school  safety  personnel,
 COLLECTIVE  BARGAINING  UNITS,  and  other school personnel and shall be
 approved by the board of education OR  TRUSTEES,  [or]  other  governing
 body,  or  by  the chancellor of the city school district in the case of
 the city school district of the city of New York.  In  the  city  school
 district  of  the city of New York, each community school district board
 shall be authorized to adopt and implement  additional  policies,  which
 are  consistent  with the city district's district-wide code of conduct,
 to reflect the  individual  needs  of  each  community  school  district
 provided that such additional policies shall require the approval of the
 chancellor.
   §  4.  Section 3214 of the education law, as amended by chapter 181 of
 the laws of 2000, subparagraph 1 of paragraph  c  of  subdivision  3  as
 amended by chapter 430 of the laws of 2006, paragraphs d and f of subdi-
 vision  3  as amended by chapter 425 of the laws of 2002, paragraph e of
 subdivision 3 as amended by chapter 170 of the laws of 2006, paragraph g
 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
 S. 1040                             6
 
 3-a  as  amended by chapter 147 of the laws of 2001 and subdivision 7 as
 amended by section 9 of part YYY of chapter 59 of the laws of  2017,  is
 amended to read as follows:
   §  3214.  Student  placement,  suspensions  and  transfers. 1. [School
 delinquent. A minor under seventeen years of age, required by any of the
 provisions of part one of this article to attend upon  instruction,  who
 is  an  habitual  truant  from  such instruction or is irregular in such
 attendance or insubordinate  or  disorderly  or  disruptive  or  violent
 during such attendance, is a school delinquent.
   2.  Special  day  schools]  ALTERNATIVE  LEARNING  SCHOOLS. The school
 authorities of any city [or],  school  district,  BOARD  OF  COOPERATIVE
 EDUCATIONAL  SERVICES,  OR  CHARTER  SCHOOL may establish schools or set
 apart rooms in [public] school buildings OR PROPERTIES for the  instruc-
 tion   of   [school  delinquents]  STUDENTS  REMOVED  OR  SUSPENDED  FOR
 VIOLATIONS OF THE CODE OF CONDUCT, and fix the number of days  per  week
 and  the  hours  per  day  of required attendance AND INSTRUCTION, which
 shall not be less than is required of minors attending the full time day
 schools.
   [2-a. a. Violent pupil.  For the purposes of this section,  a  violent
 pupil  is  an  elementary or secondary student under twenty-one years of
 age who:
   (1) commits an act of violence upon a teacher, administrator or  other
 school employee;
   (2)  commits,  while  on  school district property, an act of violence
 upon another student or any other person lawfully upon said property;
   (3) possesses, while  on  school  district  property,  a  gun,  knife,
 explosive  or  incendiary bomb, or other dangerous instrument capable of
 causing physical injury or death;
   (4) displays, while on school district property, what appears to be  a
 gun,  knife,  explosive or incendiary bomb or other dangerous instrument
 capable of causing death or physical injury;
   (5) threatens, while on school district property, to use  any  instru-
 ment that appears capable of causing physical injury or death;
   (6) knowingly and intentionally damages or destroys the personal prop-
 erty  of a teacher, administrator, other school district employee or any
 person lawfully upon school district property; or
   (7) knowingly and intentionally damages or  destroys  school  district
 property.
   b.  Disruptive pupil.   For the purposes of this section, a disruptive
 pupil is an elementary or secondary student under  twenty-one  years  of
 age  who  is  substantially  disruptive  of  the  educational process or
 substantially interferes with the teacher's authority  over  the  class-
 room.
   3.]  2.  Suspension  of a [pupil] STUDENT. a.  (1) The board of educa-
 tion[, board of] OR trustees [or sole trustee], THE  CHANCELLOR  OF  THE
 CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY
 OF  NEW  YORK,  OTHER  GOVERNING  BODY,  the  superintendent of schools,
 district superintendent of schools or principal of a school may  suspend
 [the  following  pupils] STUDENTS from required attendance upon instruc-
 tion[:
   A pupil who is insubordinate or disorderly or violent  or  disruptive,
 or  whose  conduct  otherwise  endangers  the  safety, morals, health or
 welfare of others] AS PROVIDED IN PARAGRAPHS B, C, AND D OF THIS  SUBDI-
 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.
 S. 1040                             7
 
   (2)  SCHOOL  OFFICIALS SHALL WEIGH THE LIKELIHOOD THAT A LESSER INTER-
 VENTION OR DISCIPLINE WOULD ADEQUATELY ADDRESS THE STUDENT'S MISCONDUCT,
 REDRESS ANY HARM OR DAMAGE, AND PREVENT FUTURE VIOLATIONS OF THE CODE OF
 CONDUCT. SUSPENSIONS SHALL ONLY BE USED AS A LAST RESORT.
   (3)  THE  SCHOOL  SHALL  CONDUCT  AN  INVESTIGATION OF ANY REPORT OF A
 VIOLATION OF THE CODE OF CONDUCT.
   (4) THE SCHOOL SHALL INFORM ANY STUDENT THAT SUBMISSION OF  A  WRITTEN
 STATEMENT IS VOLUNTARY AND THAT ANY STATEMENT BY THE STUDENT, WRITTEN OR
 ORAL,  MAY  BE  USED  AGAINST THE STUDENT IN A CRIMINAL, IMMIGRATION, OR
 JUVENILE DELINQUENCY INVESTIGATION AND/OR PROCEEDING AND/OR IN  A  COURT
 OF  LAW.  IF A STUDENT HAS BEEN ARRESTED OR IF THE SCHOOL IS CONSIDERING
 REFERRING THE STUDENT TO LAW ENFORCEMENT, THE SCHOOL SHALL NOT REQUEST A
 STATEMENT FROM SUCH STUDENT, EXCEPT WHERE  THERE  IS  IMMINENT  RISK  OF
 SERIOUS PHYSICAL INJURY TO THE STUDENT OR OTHER PERSON OR PERSONS.
   b.  [(1)]  IN  CONSIDERING  APPROPRIATE  DISCIPLINE  MEASURES,  SCHOOL
 AUTHORITIES SHALL CONSIDER THE FACTS OF EACH CASE,  INCLUDING,  BUT  NOT
 LIMITED TO:
   (1) THE NATURE AND IMPACT OF THE STUDENT'S ALLEGED MISCONDUCT, INCLUD-
 ING  BUT NOT LIMITED TO THE HARM TO THE STUDENT OR OTHER PERSONS, DAMAGE
 TO PERSONAL OR SCHOOL PROPERTY OR THREAT TO THE SAFETY  AND  WELFARE  OF
 THE SCHOOL COMMUNITY;
   (2)  THE  STUDENT'S AGE, ABILITY TO SPEAK OR UNDERSTAND ENGLISH, PHYS-
 ICAL HEALTH, MENTAL HEALTH, DISABILITIES, AND PROVISIONS OF AN  INDIVID-
 UALIZED EDUCATION PROGRAM AS IT RELATES TO THE STUDENT'S 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]
 S. 1040                             8
 
 STUDENT'S presence in the school poses a continuing danger to persons or
 property  or an ongoing threat of disruption to the academic process, in
 which case  the  [pupil's]  STUDENT'S  notice  and  opportunity  for  an
 informal conference shall take place as soon after the suspension BEGINS
 as is reasonably practicable.
   [(2)]  A  teacher  shall  immediately report and refer a violent pupil
 principal or superintendent for a violation of the code of conduct and a
 minimum suspension period pursuant to section twenty-eight  hundred  one
 of this chapter
   c.  (1)]  D. THE BOARD OF EDUCATION OR TRUSTEES, THE CHANCELLOR OF THE
 CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY
 OF NEW  YORK,  OTHER  GOVERNING  BODY,  SUPERINTENDENT  OF  SCHOOLS,  OR
 DISTRICT  SUPERINTENDENT  OF  SCHOOLS, SHALL HAVE THE POWER TO SUSPEND A
 STUDENT FOR A PERIOD NOT TO EXCEED TWENTY SCHOOL DAYS, PROVIDED THAT THE
 SUSPENSION OF SUCH STUDENT IS NOT PROHIBITED BY PARAGRAPH C OF  SUBDIVI-
 SION TWO OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER. No [pupil]
 STUDENT  may  be  suspended  for  a period in excess of five school days
 unless such [pupil]  STUDENT  and  the  PARENT  OR  person  in  parental
 relation  to  such  [pupil]  STUDENT shall have had an opportunity for a
 fair hearing, upon reasonable WRITTEN notice, [at] which SHALL INCLUDE A
 BRIEF DESCRIPTION OF THE FACTS UPON WHICH THE ALLEGED VIOLATIONS OF  THE
 CODE  OF  CONDUCT ARE BASED, THE SECTION OF THE CODE OF CONDUCT THAT THE
 STUDENT IS ALLEGED TO HAVE VIOLATED, AND THE DATE, TIME AND PLACE OF THE
 HEARING. PRIOR TO THE HEARING, COPIES  OF  ALL  EVIDENCE  REGARDING  THE
 ALLEGED  INCIDENT  SHALL BE PROVIDED TO THE STUDENT AND PARENT OR PERSON
 IN PARENTAL RELATION TO THE STUDENT. THE HEARING SHALL BE CONVENED WITH-
 IN FIVE DAYS OF THE WRITTEN NOTICE,  UNLESS  THE  PARENT  OR  PERSON  IN
 PARENTAL  RELATION  TO  THE STUDENT OR STUDENT REQUESTS A LATER DATE. AT
 THE HEARING, such [pupil] STUDENT shall have the right of representation
 by [counsel] AN ATTORNEY OR ADVOCATE, with  the  right  to  REQUEST  THE
 PRESENCE  OF  AND question witnesses against such [pupil] STUDENT and to
 REQUEST THE PRESENCE OF AND present witnesses and other evidence on [his
 or her] THEIR 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
 superintendent of schools, or community superintendent[, the superinten-
 dent] shall personally hear and determine the proceeding or may, in [his
 or  her]  THEIR  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,  super-
 intendent  OF  SCHOOLS  OR DISTRICT SUPERINTENDENT OF SCHOOLS may accept
 all or any part thereof. [An appeal will lie from the  decision  of  the
 S. 1040                             9

 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
 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.
   [(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] 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  [himself]  THEM-
 SELVES  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
 S. 1040                            10
 
 of sixteen who has been determined to have brought a weapon  or  firearm
 to school in violation of this subdivision to a presentment agency for a
 juvenile  delinquency  proceeding  consistent  with article three of the
 family  court  act except a student fourteen or fifteen years of age who
 qualifies for juvenile offender status under  subdivision  forty-two  of
 section 1.20 of the criminal procedure law. A superintendent shall refer
 any  [pupil] STUDENT sixteen years of age or older or a student fourteen
 or fifteen years of age who qualifies for juvenile offender status under
 subdivision forty-two of section 1.20 of the criminal procedure law, who
 has been determined to have brought a weapon or  firearm  to  school  in
 violation  of  this subdivision to the appropriate law enforcement offi-
 cials.
   (2) Nothing in this paragraph shall be deemed to mandate  such  action
 by  a  school district pursuant to subdivision one of this section where
 such weapon or firearm is possessed or brought to school with the  writ-
 ten authorization of such educational institution in a manner authorized
 by  article  two  hundred  sixty-five  of  the  penal law for activities
 approved and authorized by the trustees or board of education  or  other
 governing  body  of  the  public  school  and such governing body adopts
 appropriate safeguards to ensure student safety.
   (3) As used in this paragraph:
   (i) "firearm" shall mean a firearm  as  defined  in  subsection  a  of
 section  nine  hundred twenty-one of title eighteen of the United States
 Code; and
   (ii) "weapon" shall be as defined in paragraph 2 of  subsection  g  of
 section nine hundred thirty of title eighteen of the United States Code.
   [e.]  F.  Procedure after suspension. Where a [pupil] STUDENT has been
 suspended pursuant to this subdivision and said [pupil is of  compulsory
 attendance  age] STUDENT HAS THE LEGAL RIGHT TO ATTEND SCHOOL, immediate
 steps shall be taken for [his or her] 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, 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]  THEIR  current
 S. 1040                            11
 
 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 regulations of the
 commissioner implementing this paragraph, and subsection (k) of  section
 fourteen  hundred  fifteen of title twenty of the United States code and
 the federal regulations implementing such statute, as such  federal  law
 and regulations are from time to time amended. Nothing in this paragraph
 shall  be  construed  to confer greater rights on such students than are
 conferred under applicable federal law and regulations, or to limit  the
 ability  of  a  school district to change the educational placement of a
 student with a disability in accordance with the procedures  in  article
 eighty-nine of this chapter.
   (2) As used in this paragraph:
   [(1)]  (I)  a  "student  presumed  to have a disability for discipline
 purposes" shall mean a student who the school district is deemed to have
 knowledge was a student with  a  disability  before  the  behavior  that
 precipitated  disciplinary  action  under the criteria in subsection (k)
 (5) of section fourteen hundred fifteen of title twenty  of  the  United
 States code and the federal regulations implementing such statute; and
   (ii)  a  "manifestation  team"  means  a  representative of the school
 district, the parent  or  person  in  parental  relation,  and  relevant
 members  of  the  committee  on  special education, as determined by the
 parent or person in parental relation and the district.
   (3) In applying the federal law consistent with this section:
   (i) in the event of a conflict between the procedures  established  in
 this section and those established in subsection (k) of section fourteen
 hundred fifteen of title twenty of the United States code and the feder-
 al regulations implementing such statute, such federal statute and regu-
 lations shall govern.
   (ii)  the  BOARD  OF  trustees  or  board  of  education of any school
 district, OTHER GOVERNING  BODY,  THE  CHANCELLOR  OF  THE  CITY  SCHOOL
 DISTRICT  OF  THE CITY OF NEW YORK, a district superintendent of schools
 or a building principal shall have authority, PROVIDED  THAT  SUSPENSION
 OF  SUCH  STUDENT IS NOT PROHIBITED BY PARAGRAPH C OF SUBDIVISION TWO OF
 SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER, to order the placement
 of a student with a disability into an appropriate  interim  alternative
 educational  setting,  another  setting or suspension, PROVIDED THAT THE
 SUSPENSION OF SUCH STUDENT IS NOT  PROHIBITED  BY  SECTION  TWENTY-EIGHT
 HUNDRED ONE OF THIS CHAPTER, for a period not to exceed five consecutive
 school days where such student is suspended pursuant to this subdivision
 and,  except  as otherwise provided in clause (vi) of this subparagraph,
 the suspension does not result in a change in  placement  under  federal
 law.
   (iii)  the  superintendent  of  schools  of  a school district, either
 directly or upon recommendation of a hearing officer designated pursuant
 to paragraph c of this subdivision, may order the placement of a student
 with a disability  into  an  interim  alternative  educational  setting,
 another  setting  or  suspension,  PROVIDED  THAT THE SUSPENSION OF SUCH
 STUDENT IS NOT PROHIBITED BY SECTION TWENTY-EIGHT HUNDRED  ONE  OF  THIS
 CHAPTER,  for up to ten consecutive school days, inclusive of any period
 in which the student is placed in  an  appropriate  interim  alternative
 educational  setting,  another  setting or suspension pursuant to clause
 (ii) of this subparagraph for the  behavior,  where  the  superintendent
 determines  in accordance with the procedures set forth in this subdivi-
 sion that the student has engaged in behavior that  warrants  a  suspen-
 S. 1040                            12
 
 sion,  and, except as otherwise provided in clause (vi) of this subpara-
 graph, the suspension does not result in a  change  in  placement  under
 federal law.
   (iv)  the  superintendent  of  schools  of  a  school district, either
 directly or upon recommendation of a hearing officer designated pursuant
 to paragraph c of this subdivision, may order the change in placement of
 a student with  a  disability  to  an  interim  alternative  educational
 setting  for up to forty-five school days under the circumstances speci-
 fied in subsection (k)(1)(G) of  section  fourteen  hundred  fifteen  of
 title  twenty  of  the  United  States  code and the federal regulations
 implementing such statute or a longer period where authorized by federal
 law under the circumstances specified in subsection (k)(1)(C) of section
 fourteen hundred fifteen of title twenty of the United States  code  and
 the  federal  regulations implementing such statute, but in neither case
 shall such period exceed the period of suspension ordered  by  a  super-
 intendent in accordance with this subdivision, PROVIDED THAT THE SUSPEN-
 SION  OF  SUCH STUDENT IS NOT PROHIBITED BY SECTION TWENTY-EIGHT HUNDRED
 ONE OF THIS CHAPTER.
   (v) the terms "day," "business day," and  "school  day"  shall  be  as
 defined  in  section  300.11 of title thirty-four of the code of federal
 regulations.
   (vi) notwithstanding any other provision of this  subdivision  to  the
 contrary, upon a determination by a manifestation team that the behavior
 of  a student with a disability was not a manifestation of the student's
 disability, such student may be disciplined pursuant to this section  in
 the  same  manner  and  for  the same duration as a nondisabled student,
 except that such student shall  continue  to  receive  services  to  the
 extent required under federal law and regulations, and such services may
 be provided in an interim alternative educational setting, PROVIDED THAT
 THE SUSPENSION OF SUCH STUDENT IS NOT PROHIBITED BY SECTION TWENTY-EIGHT
 HUNDRED ONE OF THIS CHAPTER.
   (vii)  an  impartial hearing officer appointed pursuant to subdivision
 one of section forty-four hundred four  of  this  chapter  may  order  a
 change  in  placement  of  a student with a disability to an appropriate
 interim alternative educational setting for  not  more  than  forty-five
 school  days under the circumstances specified in subsections (k)(3) and
 (k)(4) of section fourteen hundred fifteen of title twenty of the United
 States code and the  federal  regulations  implementing  such  statutes,
 provided  that  such  procedure  may be repeated, as necessary, PROVIDED
 THAT THE SUSPENSION OF SUCH STUDENT IS NOT PROHIBITED BY  SECTION  TWEN-
 TY-EIGHT HUNDRED ONE OF THIS CHAPTER.
   (viii)  nothing  in  this  section shall be construed to authorize the
 suspension or removal of a student with a disability from [his  or  her]
 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) 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
 S. 1040                            13
 
 PRINCIPAL,  OR  THE  PRINCIPAL'S  DESIGNEE,  IN  CONSULTATION  WITH  THE
 STUDENT'S TEACHERS, SHALL WITHIN TWENTY-FOUR HOURS CREATE  AN  EDUCATION
 PLAN  FOR  THE  STUDENT FOR EACH CLASS IN WHICH THE STUDENT IS ENROLLED,
 PROVIDED  THAT  IF SUCH TWENTY-FOUR HOUR PERIOD DOES NOT END ON A SCHOOL
 DAY, IT SHALL BE EXTENDED TO THE CORRESPONDING TIME ON THE  NEXT  SCHOOL
 DAY.  THE  EDUCATION PLAN SHALL MAKE PROVISIONS FOR A STUDENT'S ON-GOING
 ACADEMIC INSTRUCTION DURING THE SUSPENSION AND SHALL INCLUDE  THE  STEPS
 THE  SCHOOL  WILL TAKE TO PROVIDE THE STUDENT WITH A SUCCESSFUL RE-ENTRY
 TO SCHOOL. THE STUDENT SHALL HAVE THE OPPORTUNITY TO EARN  ALL  ACADEMIC
 CREDIT  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 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
 S. 1040                            14
 
 shall  be extended to the corresponding time on the next school day. The
 [pupil] STUDENT and the PARENT OR person  in  parental  relation  shall,
 upon  request,  be  given an opportunity for an informal conference with
 the  principal  to  discuss  the reasons for the removal. If the [pupil]
 STUDENT denies the charges, the principal shall provide  an  explanation
 of the basis for the removal and allow the [pupil] STUDENT and/or person
 in  parental  relation  to the [pupil] STUDENT an opportunity to present
 the [pupil's] STUDENT'S version of relevant events. Such informal [hear-
 ing] CONFERENCE shall be held within forty-eight hours of the  [pupil's]
 STUDENT'S  removal,  provided  that if such forty-eight hour period does
 not end on a school day, it shall be extended to the corresponding  time
 on the second school day next following the [pupil's] STUDENT'S removal.
 For  purposes  of this subdivision, "school day" shall mean a school day
 as defined pursuant to clause (v) of subparagraph three of  paragraph  g
 of subdivision three of this section.
   c.  The  principal  shall  not set aside the discipline imposed by the
 teacher unless the principal finds that the charges against the  [pupil]
 STUDENT  are not supported by substantial evidence or that the [pupil's]
 STUDENT'S removal is otherwise in violation of law or that  the  conduct
 warrants  suspension  from school pursuant to this section and a suspen-
 sion will be imposed.  The principal's determination  made  pursuant  to
 this  paragraph  shall  be  made  by  the  close  of business on the day
 succeeding the forty-eight hour period for an informal hearing contained
 in paragraph b of this subdivision.
   d. The principal may, in [his or her] THEIR  discretion,  designate  a
 school  district  administrator,  to carry out the functions required of
 the principal 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] 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. 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
 S. 1040                            15
 
 schools or as a change in school attendance zones or geographical bound-
 aries.
   b.  A  school principal may initiate a non-requested transfer where it
 is believed that such a [pupil] STUDENT would benefit from the transfer,
 or when the [pupil] STUDENT would receive an  adequate  and  appropriate
 education in another school program or facility.
   No  recommendation  for [pupil] STUDENT transfer shall be initiated by
 the principal until such [pupil] STUDENT  and  a  PARENT  OR  person  in
 parental  relation  has  been sent written notification of the consider-
 ation of transfer recommendation. Such notice shall set a time and place
 of an informal conference with  the  principal  and  shall  inform  such
 PARENT  OR person in parental relation and such [pupil] STUDENT of their
 right to be accompanied by counsel or an individual of their choice.
   c. After the conference  and  if  the  principal  concludes  that  the
 [pupil]  STUDENT  would  benefit  from  a  transfer  or that the [pupil]
 STUDENT would receive an adequate and appropriate education  in  another
 school  program or facility, the principal may issue a recommendation of
 transfer to the superintendent.  Such  recommendation  shall  include  a
 description  of behavior and/or academic problems indicative of the need
 for transfer; a description of alternatives explored  and  prior  action
 taken to resolve the problem. A copy of that letter shall be sent to the
 PARENT OR person in parental relation and to the [pupil] STUDENT.
   d.  Upon  receipt of the principal's recommendation for transfer and a
 determination to consider that recommendation, the superintendent  shall
 notify the PARENT OR person in parental relation and the [pupil] STUDENT
 of  the  proposed  transfer  and  of  their  right  to a fair hearing as
 provided in paragraph c of subdivision three of this section  and  shall
 list  community  agencies  and  free  legal  assistance  which may be of
 assistance. The written  notice  shall  include  a  statement  that  the
 [pupil] STUDENT or PARENT OR person in parental relation has ten days to
 request  a hearing and that the proposed transfer shall not take effect,
 except upon written parental consent,  until  the  ten  day  period  has
 elapsed,  or, if a fair hearing is requested, until after a formal deci-
 sion following the hearing is rendered, whichever is later.
   Parental consent to a transfer shall not constitute a  waiver  of  the
 right to a fair hearing.
   6.  Transfer  of a [pupil] STUDENT.  Where a suspended [pupil] STUDENT
 is to be transferred pursuant to subdivision five of this  section,  [he
 or  she] 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 trans-
 mitted 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 informa-
 tion  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
 S. 1040                            16
 
 secondary  school  in which such student enrolls or seeks, intends or is
 instructed to enroll, on a full-time or part-time basis.
   § 5. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of
 the  education  law,  as  amended by chapter 380 of the laws of 2001, is
 amended to read as follows:
   [(1)] D. THE BOARD OF EDUCATION OR TRUSTEES,  THE  CHANCELLOR  OF  THE
 CITY SCHOOL DISTRICT IN THE CASE OF THE CITY SCHOOL DISTRICT OF THE CITY
 OF  NEW  YORK,  OTHER  GOVERNING  BODY,  SUPERINTENDENT  OF  SCHOOLS, OR
 DISTRICT SUPERINTENDENT OF SCHOOLS, SHALL HAVE THE POWER  TO  SUSPEND  A
 STUDENT FOR A PERIOD NOT TO EXCEED TWENTY SCHOOL DAYS, PROVIDED THAT THE
 SUSPENSION  OF SUCH STUDENT IS NOT PROHIBITED BY PARAGRAPH C OF SUBDIVI-
 SION TWO OF SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER. No [pupil]
 STUDENT may be suspended for a period in  excess  of  five  school  days
 unless  such  [pupil]  STUDENT  and  the  PARENT  OR  person in parental
 relation to such [pupil] STUDENT shall have had  an  opportunity  for  a
 fair hearing, upon reasonable WRITTEN notice[, at which] SHALL INCLUDE A
 BRIEF  DESCRIPTION OF THE FACTS UPON WHICH THE ALLEGED VIOLATIONS OF THE
 CODE OF CONDUCT ARE BASED, THE SECTION OF THE CODE OF CONDUCT  THAT  THE
 STUDENT IS ALLEGED TO HAVE VIOLATED, AND THE DATE, TIME AND PLACE OF THE
 HEARING.  PRIOR  TO  THE  HEARING,  COPIES OF ALL EVIDENCE REGARDING THE
 ALLEGED INCIDENT SHALL BE PROVIDED TO THE STUDENT AND PARENT  OR  PERSON
 IN PARENTAL RELATION TO THE STUDENT. THE HEARING SHALL BE CONVENED WITH-
 IN  FIVE  DAYS  OF  THE  WRITTEN  NOTICE, UNLESS THE PARENT OR PERSON IN
 PARENTAL RELATION TO THE STUDENT OR STUDENT REQUESTS A  LATER  DATE.  AT
 THE HEARING, such [pupil] STUDENT shall have the right of representation
 by  [counsel]  AN  ATTORNEY  OR  ADVOCATE, with the right to REQUEST THE
 PRESENCE OF AND TO question witnesses against such [pupil]  STUDENT  and
 to  REQUEST  THE PRESENCE OF AND present witnesses and other evidence on
 [his] THEIR behalf. Where  a  [pupil]  STUDENT  has  been  suspended  in
 accordance with this subdivision [by a], THE BOARD OF EDUCATION OR TRUS-
 TEES, 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] THEIR 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
 S. 1040                            17
 
 PARENTAL RELATION TO THE STUDENT WITHIN THREE DAYS OF THE  HEARING.  THE
 WRITTEN  DECISION SHALL STATE THE LENGTH OF SUSPENSION, IF ANY, FINDINGS
 OF FACT, REASONS FOR DETERMINATION, LENGTH OF SUSPENSION, IF ANY, PROCE-
 DURES  FOR  APPEAL,  AND  THE  DATE  BY WHICH THE APPEAL SHALL BE FILED.
 Where the basis for  the  suspension  is,  in  whole  or  in  part,  the
 possession  on  school  grounds or school property by the student of any
 firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor,  stiletto
 or  any  of the weapons, instruments or appliances specified in subdivi-
 sion one of section 265.01 of the penal  law,  the  hearing  officer  or
 superintendent shall not be barred from considering the admissibility of
 such  weapon,  instrument  or  appliance  as evidence, notwithstanding a
 determination by a court in a criminal or juvenile delinquency  proceed-
 ing  that  the  recovery of such weapon, instrument or appliance was the
 result of an unlawful search or seizure.
   § 6.  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]  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 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
 S. 1040                            18
 
 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,
 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
 S. 1040                            19
 
 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.
   §  7.  Paragraphs a, b and c of subdivision 3-a of section 3214 of the
 education law, as added by chapter 181 of the laws of 2000, are  amended
 to read as follows:
   a.  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.
   §  8.  This act shall take effect September 1, 2024; 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
 S. 1040                            20
 
 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 paragraph g of subdivision 3 of section 3214 of
 the education law made by section four of this act shall be  subject  to
 the expiration and reversion of such paragraph pursuant to section 22 of
 chapter  352  of  the  laws of 2005, as amended, when upon such date the
 provisions of section six of this act shall take effect;
   c-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
 six of this act shall take effect; and
   d.  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 seven of this act shall take effect.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1040--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sens.  JACKSON,  BRISPORT,  BAILEY,  BROUK, CHU, CLEARE,
   COMRIE, COONEY,  FERNANDEZ,  GIANARIS,  GONZALEZ,  HARCKHAM,  HINCHEY,
   HOYLMAN-SIGAL,  KAVANAGH,  LIU,  MAY,  MYRIE,  PARKER, PERSAUD, RAMOS,
   RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO,  THOMAS,  WEBB  --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Education -- committee discharged, bill amended,  ordered
   reprinted as amended and recommitted to said committee
 
 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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02392-11-3
              

 S. 1040--A                          2
 
 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,
 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]  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. [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
 S. 1040--A                          3

 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,  UNLESS THE CONDUCT FALLS UNDER AN EXCEPTION TO THE PROHIBITION OF
 SUSPENSION DESCRIBED IN PARAGRAPH C OF THIS SUBDIVISION, AND THE  BUILD-
 ING  ADMINISTRATOR  SHALL  CONSULT  WITH  A SCHOOL PSYCHOLOGIST OR OTHER
 MENTAL HEALTH PROFESSIONAL, WHERE AVAILABLE, TO DETERMINE AGE  APPROPRI-
 ATE  SUPPORTS  AND INTERVENTIONS FOR THE STUDENT FOR REMOVAL, DETENTION,
 OR SUSPENSION;
   (II) CONSIDER THE STUDENT AS  A  WHOLE  INCLUDING  LIFE    INSIDE  AND
 OUTSIDE  OF  SCHOOL  THAT  MAY  IMPACT BEHAVIOR SUCH AS 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 THE LEAST SEVERE ACTION NECESSARY TO RESPOND TO ANY  VIOLATION
 OF THE CODE OF CONDUCT BEFORE IMPOSING A REMOVAL OR SUSPENSION; AND
   (2)  SCHOOLS  MAY  ALSO  UTILIZE  RESTORATIVE  PRACTICES,  SOCIAL  AND
 EMOTIONAL LEARNING, THERAPEUTIC CRISIS INTERVENTIONS, COUNSELING, DE-ES-
 CALATION, COLLABORATIVE PROBLEM-SOLVING, CONFLICT  MEDIATION  OR  RESOL-
 UTION  STRATEGIES, ENGAGEMENT WITH FAMILIES, CLASS MEETINGS, FACILITATED
 CIRCLES, CONFERENCES, PEER MEDIATION, 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, THIS MAY INCLUDE  STRATEGIES  TO  BUILD  COMMUNITY,
 STRENGTHEN  RELATIONSHIPS,  AND  ALLOW  STUDENTS  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,  UNLESS  THE  STUDENT'S  CONDUCT FALLS UNDER AN EXCEPTION,
 SUSPENSIONS SHALL BE NO MORE THAN FIVE  DAYS,  REQUIRING  SUPERINTENDENT
 APPROVAL  PRIOR  TO  SUSPENSION,  EXCEPTIONS TO PRE-KINDERGARTEN THROUGH
 GRADE THREE SUSPENSION PROHIBITION ARE AS FOLLOWS:
   (1) THE STUDENT'S CONDUCT CAUSED INTENTIONAL HARM TO THEMSELVES, OTHER
 STUDENTS, OR STAFF;
   (2) THE STUDENT'S CONDUCT FALLS UNDER AN EXCEPTION TO  PROHIBITION  OF
 SUSPENSION PURSUANT TO SUBPARAGRAPH (IX) OF THIS PARAGRAPH;
   (3)  THE  STUDENT'S  CONDUCT  PUTS THE HEALTH AND SAFETY OF THE SCHOOL
 COMMUNITY AT RISK AS DETERMINED BY THE SCHOOL  ADMINISTRATOR,  UTILIZING
 THE GUIDANCE DEVELOPED BY THE COMMISSIONER; AND
   (4) SUSPENSION IS NECESSARY TO COMPLY WITH APPLICABLE FEDERAL LAWS;
   (II)  PROHIBIT  SUSPENSIONS  FOR  INITIAL ACTS OF DISOBEDIENCE, EXCEPT
 WHEN THE BEHAVIOR RISES TO A LEVEL OF CONDUCT DESCRIBED IN EXCEPTIONS TO
 PROHIBITION OF SUSPENSION PURSUANT TO SUBPARAGRAPH (IX)  OF  THIS  PARA-
 GRAPH.   "ACTS OF DISOBEDIENCE" SHALL MEAN DISRUPTIVE, INSUBORDINATE, OR
 ROWDY BEHAVIOR, INCLUDING BEHAVIORS SUCH AS THE USE OF FOUL OR  INAPPRO-
 PRIATE LANGUAGE, GESTURES, COMMENTS, OR REFUSAL TO FOLLOW DIRECTIONS;
   (III)  PROHIBIT SUSPENSIONS TO RESPOND TO TARDINESS, UNEXCUSED ABSENCE
 FROM CLASS OR SCHOOL, LEAVING SCHOOL WITHOUT PERMISSION,  AND  VIOLATION
 OF SCHOOL DRESS CODE;
 S. 1040--A                          4

   (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 THAT SUSPENSIONS MAY BE INVOKED FOR BEHAVIOR THAT DOES NOT
 FALL  UNDER  AN  EXCEPTION TO PROHIBITION OF SUSPENSION PURSUANT TO THIS
 SUBDIVISION IF IT IS DETERMINED THAT IT IS THE ONLY AVAILABLE REMEDY  TO
 PREVENT  REOCCURRENCE  AND  THAT  PRIOR AVAILABLE INTERVENTIONS HAVE NOT
 BEEN EFFECTIVE;
   (VI) PROVIDE FOR THE REMOVAL FROM THE CLASSROOM AND FROM SCHOOL  PROP-
 ERTY,  INCLUDING  A  SCHOOL  FUNCTION, OF STUDENTS AND OTHER PERSONS WHO
 VIOLATE THE CODE OF CONDUCT;
   (VII) 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;
   (VIII) ESTABLISH  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;
   (IX)  INCLUDE EXCEPTIONS TO ALL PROHIBITIONS OR LIMITATIONS OF SUSPEN-
 SION DESCRIBED IN THIS SECTION  WHICH  SHALL  ONLY  INCLUDE  CONDUCT  AS
 FOLLOWS:
   (1) CONDUCT WHICH CAUSES A SERIOUS DISRUPTION THAT CANNOT BE ADDRESSED
 THROUGH  OTHER  MEANS, AND SEVERAL OTHER GRADUATED DISCIPLINARY MEASURES
 HAVE ALREADY BEEN ATTEMPTED;
   (2) CONDUCT WHICH CAUSES DAMAGE OR INJURY TO SCHOOL PROPERTY;
   (3) POSSESSION OR DISTRIBUTION OF TOBACCO,  ALCOHOL,  DRUGS  OR  OTHER
 ILLEGAL SUBSTANCES;
   (4)  CONDUCT  WHICH  IS  OF  A VIOLENT OR SEXUAL NATURE THAT ENDANGERS
 OTHERS;
   (5) USE OF THREATS, INTIMIDATION, HARASSMENT  OR  COERCION  AGAINST  A
 STUDENT  OR A SCHOOL EMPLOYEE, INCLUDING ACTS PROHIBITED PURSUANT TO THE
 DIGNITY FOR ALL STUDENTS ACT IN SECTION TWELVE OF THIS CHAPTER;
   (6) ASSAULT OF A SCHOOL EMPLOYEE OR ANOTHER STUDENT;
   (7) INTENTIONAL ATTEMPTS, BY  WORD  OR  CONDUCT,  TO  PLACE  A  SCHOOL
 EMPLOYEE OR ANOTHER STUDENT IN FEAR OF IMMINENT SERIOUS PHYSICAL INJURY;
 OR
   (8) 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
 S. 1040--A                          5
 
 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-
 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; AND
   (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;
   [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;
   [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]; 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
 S. 1040--A                          6

 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,] 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, 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 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, 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
 S. 1040--A                          7
 
 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 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.]  NOTWITHSTANDING ANY PROVISION OF LAW, RULE OR REGULATION TO
 THE CONTRARY, THIS SECTION SHALL APPLY TO  ALL  PUBLIC  SCHOOLS  IN  THE
 STATE.    WHENEVER  THE  TERM  "BOARD  OF EDUCATION 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 EDUCA-
 TION  AND  COMMUNITY  SUPERINTENDENTS  GOVERNING  COMMUNITY DISTRICTS IN
 ACCORDANCE WITH THE PROVISIONS OF ARTICLE FIFTY-TWO-A OF THIS CHAPTER.
 S. 1040--A                          8
 
   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, AND THE
 PROCEDURES FOR APPEAL.
   (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
 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 VIOLENT ACTS DESCRIBED IN SUBDIVISION THREE OF
 THIS SECTION, AN EXCEPTION TO ANY PROHIBITION OF SUSPENSION DESCRIBED IN
 SUBDIVISION TWO OF 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  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.
   (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 SEVEN OF
 THIS SECTION SHALL ALSO APPLY.
 S. 1040--A                          9

   (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
 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,
 AND THE DATE BY WHICH THE APPEAL SHALL BE FILED.
   (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
 S. 1040--A                         10
 
 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
 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. Violent [pupil] ACT.   A. A TEACHER SHALL  IMMEDIATELY  REPORT  AND
 REFER    A  STUDENT THAT HAS COMMITTED A VIOLENT ACT TO THE PRINCIPAL OR
 SUPERINTENDENT FOR A VIOLATION OF THE CODE OF CONDUCT.
   B. For the purposes of this section, a violent [pupil is an elementary
 or secondary student under  twenty-one  years  of  age  who]  ACT  SHALL
 INCLUDE:
   (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, POSSESSING a gun,
 knife, explosive or incendiary bomb, or other dangerous instrument capa-
 ble of causing physical injury or death;
 S. 1040--A                         11
 
   (4) [displays,] while on school  district  property,  DISPLAYING  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, THREATENING to use
 any instrument that appears capable of causing physical injury or death;
   (6)  knowingly  and  intentionally  [damages  or destroys] DAMAGING OR
 DESTROYING the personal property  of  a  teacher,  administrator,  other
 school  district  employee  or  any person lawfully upon school district
 property; or
   (7) knowingly and intentionally  [damages  or  destroys]  DAMAGING  OR
 DESTROYING 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] 4. 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 INSTRUCTION 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 CLASS-
 ROOM 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 EIGHT AND
 NINE OF THIS SECTION AND SECTION TWENTY-EIGHT HUNDRED ONE OF THIS  CHAP-
 TER.
   5.  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,
 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
 S. 1040--A                         12
 
 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
 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-
 S. 1040--A                         13

 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.
   (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:
 S. 1040--A                         14

   (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 HEALTH, DISABILITIES, AND PROVISIONS OF AN INDIVID-
 UALIZED 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.
   6. 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.
   g.] 7. 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-
 S. 1040--A                         15
 
 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,
 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
 S. 1040--A                         16
 
 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
 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.]  8.  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
 S. 1040--A                         17
 
 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 FOUR OF THIS SECTION, IF AVAILABLE.
   9. 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 FOUR 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
 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
 S. 1040--A                         18
 
 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] SEVEN 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.] 10. 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.]  11.  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
 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] SEVEN 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
 S. 1040--A                         19
 
 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.]  12.  Transfer  of a [pupil] STUDENT.   Where a suspended [pupil]
 STUDENT is to be transferred pursuant to subdivision  [five]  ELEVEN  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
 problems of the [pupil] STUDENT before the [pupil] STUDENT is placed  in
 a classroom.
   [7.]  13.  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-
 S. 1040--A                         20
 
 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.
   14.  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; AND
   (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
 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.