S T A T E   O F   N E W   Y O R K
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                                  8396

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 2, 2015
                               ___________

Introduced  by M. of A. NOLAN -- read once and referred to the Committee
  on Education

AN ACT to amend the education law, in relation  to  the  development  of
  school  codes  of  conduct and to the treatment of students subject to
  certain disciplinary actions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 2801 of the education law, as added by chapter 181
of the laws of 2000, subdivision 1 as amended by chapter 402 of the laws
of 2005, the opening paragraph, paragraph a and paragraph c of  subdivi-
sion 2 and paragraph a of subdivision 5 as amended by chapter 380 of the
laws  of 2001, paragraphs 1 and m as amended and paragraph n of subdivi-
sion 2 as added by chapter 482 of the laws of 2010, and subdivision 3 as
amended by chapter 123 of the laws  of  2003,  is  amended  to  read  as
follows:
  S  2801.  Codes of conduct on school property. 1. For purposes of this
section, school property [means in or within] SHALL MEAN REAL,  PERSONAL
OR  INTELLECTUAL  PROPERTY  OWNED, LEASED OR OCCUPIED BY A PUBLIC SCHOOL
INCLUDING A CHARTER SCHOOL. SUCH  PROPERTY  SHALL  INCLUDE  BUT  NOT  BE
LIMITED  TO any building, structure, athletic playing field, playground,
parking lot or land contained within the real property boundary line  of
a  public  elementary  or secondary school; or in or on a school bus, as
defined in section one hundred forty-two of the vehicle and traffic law;
OR ELECTRONIC FILES AND DATABASES; and a school function  shall  mean  a
school-sponsored or school-authorized extra-curricular event or activity
regardless  of where OR WHEN such event or activity takes place, includ-
ing any event or activity that may take place in another state.
  2. The board of education or the trustees, as defined in  section  two
of  this  chapter,  of  every  school district within the state, however
created, and every board of cooperative educational services and  county
vocational  extension  board,  shall  adopt and amend, as appropriate, a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11847-02-5
              

A. 8396                             2

code of conduct [for  the  maintenance  of  order  on  school  property,
including a school function, which shall govern the conduct of students,
teachers  and  other  school  personnel as well as visitors] WHICH SHALL
GOVERN  THE  CONDUCT OF STUDENTS, SCHOOL EMPLOYEES AND VISITORS IN ORDER
TO PROMOTE A SAFE, RESPECTFUL AND SUPPORTIVE LEARNING AND TEACHING ENVI-
RONMENT ON SCHOOL PROPERTY AND AT SCHOOL FUNCTIONS and shall provide for
the enforcement thereof. [Such policy may be adopted by the school board
or trustees only after at least one public hearing that provides for the
participation of school  personnel,  parents,  students  and  any  other
interested  parties.]  Such code of conduct shall APPLY TO ALL STUDENTS,
SCHOOL EMPLOYEES, SCHOOL  BOARD  MEMBERS,  INDEPENDENT  CONTRACTORS  AND
VISITORS AND include, at a minimum, PROVISIONS THAT:
  a.  [provisions regarding conduct, dress and language deemed appropri-
ate  and acceptable on school property, including a school function, and
conduct, dress and language deemed  unacceptable  and  inappropriate  on
school  property,  including a school function, and provisions regarding
acceptable civil and respectful treatment of teachers,  school  adminis-
trators, other school personnel, students and visitors on school proper-
ty,  including  a  school  function,  including the appropriate range of
disciplinary measures which may be imposed for violation of  such  code,
and  the  roles of teachers, administrators, other school personnel, the
board of education and parents;
  b. standards and procedures to assure security and safety of  students
and school personnel;
  c. provisions for the removal from the classroom and from school prop-
erty,  including  a  school  function, of students and other persons who
violate the code;
  d. disciplinary measures  to  be  taken  in  incidents  involving  the
possession  or use of illegal substances or weapons, the use of physical
force, vandalism,  violation  of  another  student's  civil  rights  and
threats of violence;
  e. provisions for detention, suspension and removal from the classroom
of students, consistent with section thirty-two hundred fourteen of this
chapter  and  other  applicable  federal, state and local laws including
provisions for the school authorities to establish policies  and  proce-
dures  to  ensure the provision of continued educational programming and
activities for students removed from the classroom, placed in detention,
or suspended from school;
  f.] ESTABLISH STANDARDS AND PROCEDURES TO ASSURE SECURITY  AND  SAFETY
OF STUDENTS AND SCHOOL PERSONNEL;
  B.  ESTABLISH  A  SCHOOL  CLIMATE  THAT  PROMOTES AND SUSTAINS A SAFE,
INCLUSIVE, CIVIL AND RESPECTFUL SCHOOL ENVIRONMENT FOR SCHOOL PERSONNEL,
STUDENTS AND VISITORS ON SCHOOL PROPERTY AND AT SCHOOL FUNCTIONS THROUGH
PREVENTION, INTERVENTION  AND  DISCIPLINE  THAT  SUPPORT  EDUCATION  AND
LEARNING,  PROMOTES  POSITIVE STUDENT BEHAVIORS, HOLDS STUDENTS ACCOUNT-
ABLE FOR THEIR BEHAVIOR AND KEEPS STUDENTS IN SCHOOL AND CLASS;
  C. SET OUT CLEAR EXPECTATIONS FOR STUDENT CONDUCT AT SCHOOL AND SCHOOL
FUNCTIONS, USING SPECIFIC AND OBJECTIVE CRITERIA, AND DEFINE  VIOLATIONS
OF THE CODE OF CONDUCT;
  D.  REQUIRE AGE-APPROPRIATE, GRADUATED AND PROPORTIONATE INTERVENTIONS
AND DISCIPLINE THAT RESPOND TO  STUDENT  MISCONDUCT  AND  HOLD  STUDENTS
ACCOUNTABLE  FOR  THEIR  BEHAVIOR THROUGH A PROCESS THAT REQUIRES SCHOOL
PERSONNEL TO USE THE INTERVENTION OR RESPONSE THAT INTERFERES THE  LEAST
WITH A STUDENT'S ABILITY TO ATTEND CLASS AND SCHOOL;
  E.  REQUIRE  THE  STANDARD  USE OF SCHOOL-WIDE AND INDIVIDUAL POSITIVE
INTERVENTIONS AND SUPPORTS THAT ASSIST STUDENTS IN DEVELOPING SOCIAL AND

A. 8396                             3

EMOTIONAL COMPETENCIES SUCH AS SELF-MANAGEMENT, RESILIENCE,  SELF-AWARE-
NESS,  RESPONSIBLE  DECISION-MAKING,  AVOIDING  CONFLICT, AND REFOCUS ON
LEARNING, BEFORE A CHILD MAY BE SUSPENDED;
  F.  ESTABLISH  PROCEDURES  FOR THE REMOVAL FROM THE CLASSROOM AND FROM
SCHOOL PROPERTY, INCLUDING A SCHOOL  FUNCTION,  OF  STUDENTS  AND  OTHER
PERSONS WHO VIOLATE THE CODE;
  G.  ESTABLISH  THE  RANGE  OF INTERVENTIONS FOR STUDENT BEHAVIORS THAT
VIOLATE THE  CODE  OF  CONDUCT  INCLUDING  GRADUATED  INTERVENTIONS  FOR
REPEATED  VIOLATIONS  OF  THE  CODE  OF CONDUCT; PROVIDED, HOWEVER, THAT
REMOVAL OF A STUDENT FROM CLASS OR CLASSES, SCHOOL OR  SCHOOL  FUNCTIONS
FOR A SPECIFIC PERIOD OF TIME SHALL NOT BE USED TO RESPOND TO TARDINESS,
UNEXCUSED  ABSENCE  FROM CLASS OR SCHOOL, LEAVING SCHOOL WITHOUT PERMIS-
SION OR INSUBORDINATE BEHAVIOR INCLUDING BUT NOT LIMITED TO THE  USE  OF
INAPPROPRIATE  LANGUAGE OR GESTURES, LACK OF IDENTIFICATION UPON REQUEST
BY SCHOOL PERSONNEL OR VIOLATION OF A SCHOOL DRESS CODE.  SUSPENSION  OF
STUDENTS IN KINDERGARTEN THROUGH GRADE THREE SHALL BE PROHIBITED, EXCEPT
IN  SITUATIONS  OF  SERIOUS  PHYSICAL HARM TO STUDENTS, STAFF, OR OTHERS
WHILE TAKING INTO ACCOUNT THE TOTALITY OF THE CIRCUMSTANCES.   PERMANENT
SUSPENSION  FROM  SCHOOL  SHALL  BE  PROHIBITED AS A RESPONSE TO STUDENT
MISCONDUCT;
  H.  ESTABLISH  PREVENTION   PROGRAMS   AND   SERVICES   THAT   INCLUDE
SCHOOL-BASED  INITIATIVES THAT PROMOTE A SAFE AND SECURE ENVIRONMENT FOR
ALL PERSONS IN SCHOOL OR AT SCHOOL FUNCTIONS INCLUDING BUT  NOT  LIMITED
TO:    COMPREHENSIVE,  SCHOOL-BASED  MODELS APPROVED BY THE COMMISSIONER
THAT IMPROVE SAFETY OF PERSON AND PROPERTY, PROMOTE LEARNING AND COLLAB-
ORATION; INTERDISCIPLINARY ACADEMIC AND SUPPORT SERVICES PROVIDED BY  OR
AT  THE SCHOOL; AND INVOLVEMENT OF ADMINISTRATORS, TEACHERS, PARENTS AND
STUDENTS IN IDENTIFYING SPECIFIC PERFORMANCE GOALS AND ASSESSMENT  METH-
ODS;
  I.  REQUIRE THE CONSIDERATION OF THE USE OF RESTORATIVE PRACTICES SUCH
AS  CONFLICT  RESOLUTION,  MEDIATION,   PEER   COUNSELING,   FACILITATED
DISCUSSION  AND  OTHER  RESTORATIVE  INTERVENTIONS  THAT CAN EFFECTIVELY
ADDRESS STUDENT MISCONDUCT, HOLD STUDENTS ACCOUNTABLE FOR  THEIR  BEHAV-
IOR, REPAIR HARM TO PERSONS AND PROPERTY CAUSED BY MISCONDUCT AND FOSTER
HEALTHY RELATIONSHIPS WITHIN THE SCHOOL COMMUNITY. RESTORATIVE PRACTICES
MAY  BE USED ONLY WITH THE CONSENT OF ANY PERSON IMMEDIATELY AFFECTED BY
A STUDENT'S ALLEGED MISCONDUCT, INCLUDING STAFF, AND, IN THE CASE OF  AN
INCIDENT  WHERE  ANOTHER STUDENT HAS BEEN INJURED, THAT STUDENT'S PARENT
OR PERSON IN PARENTAL RELATIONSHIP TO THE STUDENT AND THE CONSENT OF THE
STUDENT  WHO  IS  ALLEGED  TO  HAVE  BEHAVED  INAPPROPRIATELY  AND  THAT
STUDENT'S PARENT;
  J. COMPLY WITH THE FEDERAL GUN-FREE SCHOOLS ACT;
  K.  ESTABLISH THE CIRCUMSTANCES UNDER AND PROCEDURES BY WHICH A SCHOOL
MAY RESPOND IMMEDIATELY TO STUDENT BEHAVIOR THAT: (I) PHYSICALLY INJURES
OR POSES AN IMMEDIATE THREAT OF SERIOUS PHYSICAL INJURY TO  THE  STUDENT
OR  OTHER  PERSON  OR  PERSONS; OR (II) DAMAGES PROPERTY AND SUCH DAMAGE
INJURES OR POSES AN IMMEDIATE THREAT OF SERIOUS PHYSICAL INJURY  TO  THE
STUDENT OR OTHER PERSON OR PERSONS;
  L. ESTABLISH procedures by which violations OF THE CODE OF CONDUCT are
reported  TO  THE  APPROPRIATE  SCHOOL PERSONNEL, THE FACTS ARE INVESTI-
GATED, determined[, discipline] AND INTERVENTION measures  [imposed  and
discipline   measures  carried  out]    DECIDED  AND  IMPLEMENTED.  SUCH
PROVISIONS SHALL ENSURE THAT PROCEDURES ESTABLISHED ARE CONSISTENT  WITH
THIS  SECTION,  SECTION  THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER AND
OTHER FEDERAL, STATE AND LOCAL LAWS;

A. 8396                             4

  [g. provisions ensuring] M. ENSURE such code and [the] ITS enforcement
[thereof are in compliance] COMPLY 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] N. DEFINE THE ROLES AND AREAS OF RESPONSIBILITY OF SCHOOL
PERSONNEL, SECURITY SERVICES AND LAW ENFORCEMENT FOR RESPONSE TO STUDENT
MISCONDUCT THAT VIOLATES THE DISCIPLINE CODE.  A  SCHOOL  DISTRICT  THAT
EMPLOYS,  CONTRACTS  WITH OR OTHERWISE RETAINS PUBLIC LAW ENFORCEMENT OR
PUBLIC OR PRIVATE SECURITY INCLUDING SCHOOL RESOURCE OFFICERS FOR  DAILY
SERVICES AT THE SCHOOL SHALL, BY CONTRACT OR MEMORANDUM OF UNDERSTANDING
IN  WRITING AND CONSISTENT WITH THE CODE OF CONDUCT AND WITH STAKEHOLDER
INPUT, INCLUDING PARENTS,  STUDENTS,  SCHOOL  ADMINISTRATORS,  TEACHERS,
PROBATION  OFFICERS,  PROSECUTORS,  DEFENSE  COUNSEL, COURTS, PARENT AND
STUDENT ORGANIZATIONS, AND COMMUNITY MEMBERS, ESTABLISH  PROTOCOLS  THAT
DEFINE  THE  RELATIONSHIP  BETWEEN  THE  SCHOOL DISTRICT, ITS PERSONNEL,
STUDENTS AND VISITORS, AND LAW ENFORCEMENT, AND PUBLIC OR PRIVATE  SECU-
RITY.  SUCH  CONTRACT  OR  MEMORANDUM  OF  UNDERSTANDING SHALL LIMIT LAW
ENFORCEMENT OR SECURITY PERSONNEL INVOLVEMENT WHEN A STUDENT'S  BEHAVIOR
DOES  NOT  THREATEN  THE  SAFETY  OF  THE SCHOOL, DEFINE WHICH BEHAVIORS
SHOULD NOT RESULT IN AN ARREST OR SUMMONS, REQUIRE  LAW  ENFORCEMENT  OR
SECURITY  PERSONNEL  TO  RECEIVE  TRAINING AS REQUIRED BY PARAGRAPH T OF
THIS SECTION, AND CLEARLY DELEGATE THE ROLE OF SCHOOL DISCIPLINE TO  THE
SCHOOL  ADMINISTRATION.  SUCH  CONTRACT  OR  MEMORANDUM OF UNDERSTANDING
SHALL BE INCORPORATED INTO AND PUBLISHED AS PART OF THE CODE OF CONDUCT;
  [i. provisions setting] O.  SET  forth  the  circumstances  under  and
procedures  by  which  persons  in  parental  relation  to [the student]
STUDENTS ACCUSED OF AND AFFECTED BY STUDENT BEHAVIOR THAT  VIOLATES  THE
DISCIPLINE CODE shall be notified of code violations;
  [j.  provisions  setting]  P.  SET  forth  the circumstances under and
procedures by which a complaint in criminal court, a juvenile delinquen-
cy petition or person in need of  supervision  petition  as  defined  in
articles three and seven of the family court act will be filed;
  [k.]  Q.  SET  OUT  THE  circumstances  under  and procedures by which
[referral] STUDENTS WHO ARE SUSPENDED FROM SCHOOL MAY ALSO  BE  REFERRED
TO  ACADEMIC  SERVICES,  SCHOOL-BASED SUPPORT SERVICES OR to appropriate
human service agencies [shall be made];
  [l. a minimum suspension  period,  for  students  who  repeatedly  are
substantially  disruptive  of  the  educational process or substantially
interfere with the teacher's authority over the classroom, provided that
the suspending authority may reduce such period on a case by case  basis
to  be  consistent with any other state and federal law. For purposes of
this section, the definition of "repeatedly  are  substantially  disrup-
tive"  shall  be  determined  in  accordance with the regulations of the
commissioner;
  m. a minimum suspension period for acts that would qualify  the  pupil
to  be defined as a violent pupil pursuant to paragraph a of subdivision
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.]
  R. ENSURE THE CONTINUED EDUCATIONAL  PROGRAMMING  AND  ACTIVITIES  FOR
STUDENTS  REMOVED  FROM THE CLASSROOM OR SUSPENDED FROM SCHOOL. STUDENTS
WHO HAVE BEEN REMOVED FROM THE CLASSROOM OR SUSPENDED FROM SCHOOL  SHALL
HAVE  THE  RIGHT TO CONTINUE THEIR EDUCATION WHEN THEY ARE EXCLUDED FROM

A. 8396                             5

THE CLASSROOM REGARDLESS OF THE REASON  FOR  OR  TYPE  OF  EXCLUSION  AS
FOLLOWS:
  (I) WHEN A STUDENT IS REMOVED FROM A CLASSROOM, THE TEACHER, PRINCIPAL
OR  THE  PRINCIPAL'S  DESIGNEE SHALL PROVIDE THE STUDENT WITH ALL MISSED
CLASSROOM WORK WITHIN TWENTY-FOUR HOURS OF THE REMOVAL AND  THE  STUDENT
SHALL  HAVE  THE  OPPORTUNITY  TO EARN ALL ACADEMIC CREDIT INCLUDING THE
OPPORTUNITY TO COMPLETE ANY MISSED ASSIGNMENTS AND TAKE ANY MISSED EXAM-
INATIONS OR TESTS.
  (II) WHEN A STUDENT IS SUSPENDED FROM CLASS OR SCHOOL,  THE  PRINCIPAL
OR  THE  PRINCIPAL'S DESIGNEE, IN CONSULTATION WITH THE STUDENT'S TEACH-
ERS, SHALL CREATE FOR THE STUDENT AN EDUCATION PLAN FOR EACH SUBJECT  OF
CLASS  IN  WHICH  THE STUDENT IS ENROLLED. THE EDUCATION PLAN SHALL MAKE
PROVISIONS FOR A STUDENT'S  ON-GOING  ACADEMIC  INSTRUCTION  DURING  THE
SUSPENSION.  THE STUDENT SHALL HAVE THE OPPORTUNITY TO EARN ALL ACADEMIC
CREDIT INCLUDING THE OPPORTUNITY TO COMPLETE ANY  ASSIGNMENTS  AND  TAKE
ANY  EXAMINATIONS OR TESTS MISSED DURING THE STUDENT'S SUSPENSION AND IF
AN ASSESSMENT OR EXAMINATION CANNOT BE RESCHEDULED, THE STUDENT SHALL BE
ALLOWED ON SCHOOL PROPERTY TO TAKE SUCH ASSESSMENT OR EXAMINATION ON THE
DAY THAT THE ASSESSMENT OR EXAMINATION IS GIVEN.
  (III) THE EDUCATION PLAN PURSUANT TO SUBPARAGRAPH (II) OF  THIS  PARA-
GRAPH  MAY  INCLUDE PLACEMENT OF THE SUSPENDED STUDENT AT AN ALTERNATIVE
LEARNING SITE INCLUDING THE STUDENT'S HOME IF SUCH ALTERNATIVE IS AVAIL-
ABLE AND APPROPRIATE FOR THE STUDENT'S EDUCATION. THE PRINCIPAL  OR  THE
PRINCIPAL'S  DESIGNEE  AT  THE  SCHOOL  IN WHICH THE STUDENT IS ENROLLED
SHALL CONSULT WITH THE ADMINISTRATOR OF AN ALTERNATIVE SITE OR,  IN  THE
CASE  OF  THE  STUDENT'S HOME, WITH THE TEACHER OVERSEEING HOME INSTRUC-
TION, TO MAKE ARRANGEMENTS FOR THE STUDENT'S CONTINUED INSTRUCTION.
  (IV) SCHOOL DISTRICTS MUST PROVIDE TO STUDENTS WITH  DISABILITIES  ALL
SERVICES  AND  EDUCATIONAL  PROGRAMMING  PROTECTIONS  SET  FORTH IN THIS
SECTION AND IN APPLICABLE FEDERAL AND STATE LAWS.
  (V) SCHOOLS MUST SCHEDULE A CONFERENCE WITHIN FIVE SCHOOL DAYS AFTER A
STUDENT'S RETURN TO SCHOOL AFTER ANY SHORT TERM OR LONG TERM  SUSPENSION
AND  PROVIDE NOTICE OF THE CONFERENCE TO THE PARENT AND THE STUDENT. THE
FAILURE OF THE PARENT OR STUDENT TO  ATTEND  SHALL  NOT  DELAY  RE-ENTRY
FOLLOWING SUSPENSION, NOR SHALL A PRINCIPAL BE HELD RESPONSIBLE IF HE OR
SHE  MAKES  A GOOD FAITH EFFORT TO MAKE THE PARENT OR STUDENT ATTEND AND
IS UNSUCCESSFUL. THE CONFERENCE MUST INCLUDE A DISCUSSION OF THE FOLLOW-
ING:
  (A) A RECORD OF THE STUDENT'S EDUCATIONAL ACTIVITIES WHILE ON  SUSPEN-
SION  THAT  CAN BE COUNTED TOWARD CREDIT ACCUMULATION. THIS RECORD SHALL
INCLUDE THE STUDENT'S TEST SCORES, GRADES,  COMPLETED  ASSIGNMENTS,  AND
TOTAL CREDITS EARNED WHILE SUSPENDED, AND THE STUDENT'S EXISTING ACADEM-
IC RECORD CAN BE USED FOR THESE PURPOSES, GIVEN THE RECORD PROVIDES THIS
INFORMATION FOR THE PERIOD OF THE SUSPENSION;
  (B)  THE  STEPS  THE  STUDENT  AND  THE SCHOOL WILL TAKE TO FOLLOW ALL
SCHOOL RULES;
  (C) THE SUPPORTS THE SCHOOL WILL PROVIDE FOR THE STUDENT  TO  SUCCESS-
FULLY RE-ENTER SCHOOL;
  (D)  A  DISCUSSION  OF  WHEN  A  STUDENT'S  PERMANENT  RECORD  WILL BE
EXPUNGED, GIVEN THERE ARE NO FURTHER INCIDENTS; AND
  (E) ANY OTHER PERTINENT CIRCUMSTANCES;
  S. REQUIRE THE SCHOOL TO MAINTAIN IN THE  STUDENT'S  PERMANENT  RECORD
DOCUMENTATION  OF  INTERVENTIONS  DETERMINED FOR STUDENT MISCONDUCT, THE
INTERVENTION OR DISCIPLINE IMPOSED AND  REINSTATEMENT.  DISCIPLINE  THAT
WAS PROPOSED BUT WAS NOT IMPLEMENTED, WAS DISMISSED OR WAS OVERTURNED ON
APPEAL  SHALL  NOT  APPEAR  IN  THE  STUDENT'S  PERMANENT RECORD. WHEN A

A. 8396                             6

STUDENT HAS BEEN SUSPENDED AND REINSTATED TO SCHOOL, THE RECORD  OF  THE
SUSPENSION  SHALL  BE  AUTOMATICALLY EXPUNGED AT THE TIME AGREED UPON IN
THE CONFERENCE UPON RETURN FROM SUSPENSION. THE STUDENT MAY REQUEST THAT
THE  SCHOOL EXPUNGE PERMANENTLY THE STUDENT'S RECORD OF DISCIPLINE SOON-
ER, AND THE SCHOOL SHALL NOT REFUSE TO EXPUNGE A RECORD  EXCEPT  UPON  A
SHOWING  OF  GOOD  CAUSE.   RECORDS OF SUSPENSIONS AND REMOVALS SHALL BE
MAINTAINED AS NECESSARY FOR PURPOSES OF EVALUATING THE REQUIREMENT FOR A
MANIFESTATION DETERMINATION REVIEW, BUT THESE RECORDS SHALL NOT BE  PART
OF  THE  STUDENT'S PERMANENT RECORD.  STUDENT DISCIPLINARY RECORDS SHALL
BE SUBJECT TO ARTICLE TWO OF THIS CHAPTER AND OTHER  APPLICABLE  FEDERAL
AND STATE LAWS; AND
  T.  REQUIRE  PRE-SERVICE  AND  ANNUAL  TRAINING  REGARDING THE CODE OF
CONDUCT AND THE  INTERVENTION  AND  POSITIVE  SCHOOL  CLIMATE  PRACTICES
ADOPTED  PURSUANT  TO  THIS  SECTION  FOR  MAINTAINING ORDER, ADDRESSING
STUDENT CONDUCT AND MISBEHAVIOR, MINIMIZING THE USE OF  SUSPENSION,  AND
ADDRESSING  DISPARITIES  IN  DISCIPLINE. TRAINING SHALL ALSO ENSURE THAT
RELEVANT POLICIES AND PROCEDURES ARE EQUITABLY APPLIED, AND THAT  ALTER-
NATIVE  INTERVENTIONS,  SUCH  AS RESTORATIVE PRACTICES AND GRADUATED AND
PROPORTIONATE DISCIPLINE ARE UTILIZED IN ACCORDANCE  WITH  THIS  SECTION
FOR  ALL  SCHOOL  PERSONNEL,  STUDENTS  AND  LAW  ENFORCEMENT, PUBLIC OR
PRIVATE SECURITY PERSONNEL EMPLOYED, RETAINED  OR  USED  BY  THE  SCHOOL
DISTRICT.  A  SCHOOL  DISTRICT  MAY  USE  TRAINING PROGRAMS INCLUDING IN
PERSON AND ON-LINE PROGRAMS  APPROVED  BY  THE  COMMISSIONER;  PROVIDED,
HOWEVER,  THAT  SUCH TRAINING INCLUDES THE SCHOOL DISTRICT'S OWN CODE OF
CONDUCT. AT THE  BEGINNING  OF  EACH  SCHOOL  YEAR,  EACH  SCHOOL  SHALL
DISTRIBUTE  AND  EXPLAIN  ITS CODE OF CONDUCT TO STUDENTS IN ONE OR MORE
GENERAL ASSEMBLIES.
  3. The district code of conduct shall be  developed  in  collaboration
with  [student, teacher, administrator, and parent organizations, school
safety personnel and other school personnel]  REPRESENTATIVES  FROM  ALL
SEGMENTS  OF THE SCHOOL COMMUNITY INCLUDING STUDENTS, TEACHERS, ADMINIS-
TRATORS, PARENTS, SCHOOL SAFETY PERSONNEL, SUPPORT  SERVICES  PERSONNEL,
PARENT AND STUDENT ORGANIZATIONS, AND OTHERS AS IDENTIFIED BY THE SCHOOL
DISTRICT  and  shall  be  approved  by  the board of education, 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  educa-
tion council shall be authorized to adopt and implement additional poli-
cies,  which  are  consistent with AND NO MORE RESTRICTIVE THAN the city
district's district-wide code of  conduct,  to  reflect  the  individual
needs  of  each  community school district provided that such additional
policies shall require the approval of the chancellor.
  4. [The board of education, chancellor or other governing  body  shall
provide  copies of a summary of the code of conduct to all students at a
general assembly held at the beginning of the school year and shall make
copies of the code available to persons in parental relation to students
at the beginning of each school year, and shall mail  a  plain  language
summary  of  such  code  to all persons in parental relation to students
before the beginning of each school year, and make it  available  there-
after  upon request. The board of education, chancellor or other govern-
ing body shall take reasonable steps to ensure  community  awareness  of
the code provisions.
  5.  a.]  THE BOARD OF EDUCATION, BOARD OF DIRECTORS OR OTHER GOVERNING
BODY, OR THE CHANCELLOR OF THE CITY SCHOOL DISTRICT IN THE CASE  OF  THE
CITY  SCHOOL  DISTRICT  OF  THE CITY OF NEW YORK SHALL HOLD AT LEAST ONE
PUBLIC HEARING ABOUT THE PROPOSED CODE OF CONDUCT BEFORE ITS ADOPTION OR

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AMENDMENT. THE SCHOOL DISTRICT SHALL NOTIFY  THE  SCHOOL  COMMUNITY  AND
GENERAL  PUBLIC ABOUT THE HEARING AT LEAST THIRTY DAYS PRIOR TO THE DATE
OF THE HEARING. SUCH NOTICE SHALL INCLUDE THE DATE, TIME  AND  PLACE  OF
THE  HEARING,  THE  AGENDA,  A  COPY OF THE PROPOSED CODE OF CONDUCT AND
INFORMATION ABOUT AN OPPORTUNITY, AS DETERMINED BY THE SCHOOL  DISTRICT,
FOR  COMMENT  FROM THE SCHOOL COMMUNITY AND THE GENERAL PUBLIC ABOUT THE
PROPOSED CODE OF CONDUCT. THE SCHOOL DISTRICT SHALL TAKE NECESSARY STEPS
TO NOTIFY FAMILIES WHO DO NOT SPEAK ENGLISH AND  WHOSE  CHILDREN  ATTEND
SCHOOLS IN THE DISTRICT.
  5.  UPON  ADOPTION  OR  AMENDMENT  OF  THE CODE OF CONDUCT, THE SCHOOL
DISTRICT SHALL: (I) FILE A COPY OF ITS CODE OF CONDUCT  AND  ANY  AMEND-
MENTS TO SUCH CODE WITH THE COMMISSIONER NO LATER THAN THIRTY DAYS AFTER
THEIR  ADOPTION; (II) TRANSLATE THE CODE OF CONDUCT INTO THOSE LANGUAGES
SPOKEN BY THREE PERCENT OR MORE OF THE FAMILIES  WHOSE  CHILDREN  ATTEND
SCHOOLS  IN  THE  SCHOOL DISTRICT; (III) AT THE BEGINNING OF EACH SCHOOL
YEAR, POST THE CODE OF CONDUCT ON THE SCHOOL  DISTRICT  AND  SCHOOL  WEB
SITES,  IF  ANY  AND  MAIL  A  COPY  OF  THE CODE TO PERSONS IN PARENTAL
RELATIONSHIP TO STUDENTS IN THE DISTRICT'S SCHOOLS; AND (IV)  DISTRIBUTE
THE  CODE  TO  ALL  STUDENTS IN SCHOOL AT ONE OR MORE GENERAL ASSEMBLIES
DEDICATED TO THE PROVISIONS OF THE CODE OF CONDUCT. THE SCHOOL  DISTRICT
SHALL ALSO MAKE THE CODE OF CONDUCT AVAILABLE UPON REQUEST.
  6.  The  board  of education, chancellor or other governing body shall
annually review and update the district's codes of conduct if necessary,
taking into consideration the effectiveness of code 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, chan-
cellor, or other governing body shall reapprove any  such  updated  code
only  after  at  least  one public hearing that provides for the partic-
ipation of school personnel, parents, students and any other  interested
parties.
  b.  Each  district  shall file a copy of its codes of conduct with the
commissioner and all amendments to such code shall  be  filed  with  the
commissioner no later than thirty days after their adoption.]
  7.  THE  DEPARTMENT SHALL COLLECT AND SCHOOL DISTRICTS SHALL REPORT TO
THE DEPARTMENT DATA ABOUT THE IMPLEMENTATION OF STUDENT CODES OF CONDUCT
AS REQUIRED BY FEDERAL LAW. ON OR BEFORE NOVEMBER FIRST  OF  EACH  YEAR,
THE DEPARTMENT SHALL MAKE AVAILABLE TO THE PUBLIC BY SCHOOL DISTRICT THE
DATA  REGARDING STUDENT DISCIPLINE FROM THE PRECEDING YEAR. ON OR BEFORE
DECEMBER FIRST OF EACH YEAR THE DEPARTMENT SHALL SUBMIT TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE  ASSEMBLY  AND
THE CHAIRS OF THE ASSEMBLY AND SENATE EDUCATION COMMITTEES A REPORT THAT
SUMMARIZES  AND  ANALYZES  THE  DATA  COLLECTED ABOUT STUDENT DISCIPLINE
INCLUDING A REVIEW AND EVALUATION OF  SCHOOL  APPLICATION  OF  CODES  OF
CONDUCT  FOR  FAIR  AND  CONSISTENT APPLICATION AND OTHER ACCOUNTABILITY
CRITERIA AS DETERMINED BY THE DEPARTMENT AND MAKE RECOMMENDATIONS  ABOUT
POLICY  AND  PRACTICES  FOR SCHOOL CODES OF CONDUCT AND THE DEPARTMENT'S
TECHNICAL ASSISTANCE ABOUT STUDENT DISCIPLINE.
  S 2. Subdivision 3 of section 2801 of the education law, as  added  by
chapter 181 of the laws of 2000, is amended to read as follows:
  3.  The  district  code of conduct shall be developed in collaboration
with [student, teacher, administrator, and parent organizations,  school
safety  personnel  and  other school personnel] REPRESENTATIVES FROM ALL
SEGMENTS OF THE SCHOOL COMMUNITY INCLUDING STUDENTS, TEACHERS,  ADMINIS-

A. 8396                             8

TRATORS,  PARENTS,  SCHOOL SAFETY PERSONNEL, SUPPORT SERVICES PERSONNEL,
PARENT AND STUDENT ORGANIZATIONS, AND OTHERS AS IDENTIFIED BY THE SCHOOL
DISTRICT and shall be approved by  the  board  of  education,  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.
  S 3. Section 3214 of the education law, as amended by chapter  181  of
the  laws  of  2000,  subparagraph  1 of paragraph c of subdivision 3 as
amended by chapter 430 of the laws of 2006, paragraphs d and f of subdi-
vision 3 as amended by chapter 425 of the laws of 2002, paragraph  e  of
subdivision 3 as amended by chapter 170 of the laws of 2006, paragraph g
of  subdivision  3 as amended by chapter 352 of the laws of 2005, clause
(v) of subparagraph 3 of paragraph g of  subdivision  3  as  amended  by
chapter  378  of  the laws of 2007, paragraphs a, b and c of subdivision
3-a as amended by chapter 147 of the laws of 2001, and subdivision 7  as
added by chapter 101 of the laws of 2003, is amended to read as follows:
  S  3214.  Student INTERVENTIONS, placement, suspensions and transfers.
1. [School delinquent. A minor under seventeen years of age, required by
any of the provisions of  part  one  of  this  article  to  attend  upon
instruction,  who  is  an  habitual  truant  from such instruction or is
irregular in such attendance or insubordinate or disorderly  or  disrup-
tive or violent during such attendance, is a school delinquent.
  2.]  Special day schools. 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] STUDENTS DISCI-
PLINED IN VIOLATION OF THE CODE OF CONDUCT, and fix the number  of  days
per  week  and the hours per day of required attendance, which shall not
be less than is required of minors attending the full time day schools.
  [2-a. a. Violent pupil. For the purposes of this  section,  a  violent
pupil  is  an  elementary or secondary student under twenty-one years of
age who:
  (1) commits an act of violence upon a teacher, administrator or  other
school employee;
  (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

A. 8396                             9

substantially interferes with the teacher's authority  over  the  class-
room.
  3.] 2. DETERMINATION OF STUDENT MISCONDUCT.  DECISIONS ABOUT APPROPRI-
ATE  DISCIPLINE  AND  INTERVENTIONS IN RESPONSE TO STUDENT BEHAVIOR THAT
VIOLATES A SCHOOL'S CODE OF CONDUCT SHALL BE  BASED  ON  THE  LIKELIHOOD
THAT  A  LESSER  INTERVENTION  WOULD  ADEQUATELY  ADDRESS  THE STUDENT'S
MISCONDUCT, REDRESS ANY HARM OR DAMAGE, AND PREVENT FUTURE BEHAVIOR THAT
VIOLATES THE CODE OF CONDUCT. FURTHERMORE, DISCIPLINARY RESPONSES  SHALL
BE  BASED  ON  THE  FACTS  OF EACH CASE AS DETERMINED INCLUDING, BUT NOT
LIMITED TO:
  A. THE NATURE OF THE STUDENT'S ALLEGED MISCONDUCT;
  B. THE IMPACT OF THE STUDENT'S ALLEGED MISCONDUCT INCLUDING,  BUT  NOT
LIMITED  TO THE HARM TO THE STUDENT OR OTHER PERSONS; DAMAGE TO PERSONAL
OR SCHOOL PROPERTY; AND THREAT TO THE SAFETY AND WELFARE OF  THE  SCHOOL
COMMUNITY;
  C.  THE  ABILITY  OF  THE STUDENT TO UNDERSTAND AND PARTICIPATE IN THE
STUDENT'S DISCIPLINARY PROCESS INCLUDING, BUT NOT LIMITED TO,  CONSIDER-
ATION  OF  THE STUDENT'S AGE, ABILITY TO SPEAK ENGLISH, PHYSICAL HEALTH,
MENTAL HEALTH, DISABILITIES AND PROVISIONS OF  AN  INDIVIDUAL  EDUCATION
PROGRAM;
  D.  THE  STUDENT'S  WILLINGNESS TO RESOLVE THE CONFLICT AND REPAIR THE
HARM OR DAMAGE;
  E. THE STUDENT'S RECORD OF BEHAVIOR AND DISCIPLINE; AND
  F. SUCH OTHER FACTORS  AS  DETERMINED  BY  SCHOOL  PERSONNEL  AND  THE
STUDENT  TO  BE  RELEVANT  INCLUDING  A REVIEW OF THE STUDENT'S ACADEMIC
PLACEMENT AND PROGRAM FOR ITS RELATIONSHIP, IF  ANY,  TO  THE  STUDENT'S
BEHAVIOR AND ALLEGED VIOLATION OF THE CODE OF CONDUCT.
  3.  UNLESS  PROHIBITED  BY LAW, RESTORATIVE PRACTICES SUCH AS CONFLICT
RESOLUTION, MEDIATION, PEER COUNSELING, FACILITATED DISCUSSION AND OTHER
RESTORATIVE INTERVENTIONS THAT CAN EFFECTIVELY ADDRESS  STUDENT  MISCON-
DUCT,  HOLD  STUDENTS  ACCOUNTABLE  FOR  THEIR  BEHAVIOR, REPAIR HARM TO
PERSONS AND PROPERTY CAUSED BY MISCONDUCT AND FOSTER  HEALTHY  RELATION-
SHIPS  WITHIN THE SCHOOL COMMUNITY, MAY BE USED AT THE DISCRETION OF THE
SCHOOL TO RESPOND TO STUDENT MISCONDUCT PURSUANT TO THE CODE OF CONDUCT.
  A. RESTORATIVE PRACTICES THAT REQUIRE THE PARTICIPATION OF A PERSON OR
PERSONS AFFECTED BY A STUDENT'S ALLEGED MISCONDUCT MAY BE USED ONLY WITH
THE CONSENT OF SUCH PERSON OR PERSONS. IN THE CASE OF AN INCIDENT  WHERE
ANOTHER STUDENT HAS BEEN INJURED, RESTORATIVE PRACTICES THAT REQUIRE THE
PARTICIPATION  OF  A  PERSON  OR  PERSONS INJURED BY A STUDENT'S ALLEGED
MISCONDUCT MAY BE USED ONLY WITH THE CONSENT OF SUCH STUDENT'S PARENT OR
PERSON IN PARENTAL RELATIONSHIP TO THE STUDENT AND THE  CONSENT  OF  THE
STUDENT  WHO  IS  ALLEGED  TO  HAVE  BEHAVED  INAPPROPRIATELY  AND  SUCH
STUDENT'S PARENT.
  B. THE COMMISSIONER SHALL ISSUE RULES  AND  REGULATIONS  AND  IDENTIFY
BEST  PRACTICES ABOUT THE PROCESS AND PROCEDURES FOR THE USE OF RESTORA-
TIVE PRACTICES IN RESPONSE TO STUDENT BEHAVIOR THAT  ALLEGEDLY  VIOLATES
THE CODE OF CONDUCT.
  4.  Suspension of a pupil FOR A PERIOD NOT TO EXCEED FIVE SCHOOL DAYS.
[a. The board of education, board  of  trustees  or  sole  trustee,  the
superintendent of schools, district superintendent of schools or princi-
pal  of  a school may suspend the following pupils from required attend-
ance 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.

A. 8396                            10

  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]
AUTHORITY to suspend a pupil for a period not to exceed five school days
IF  A  PUPIL  ENGAGES  IN BEHAVIOR THAT VIOLATES THE CODE OF CONDUCT FOR
WHICH SUCH SUSPENSION MAY BE WARRANTED AND NO  ALTERNATIVE  INTERVENTION
IS  APPROPRIATE TO ADDRESS THE ALLEGED MISCONDUCT. 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 confer-
ence 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 aforesaid 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.]INTERVIEW  ANY  ALLEGED
VICTIM  AND THE WITNESSES TO THE INCIDENT AND OBTAIN THEIR SIGNED, WRIT-
TEN STATEMENTS; IDENTIFY AND REVIEW DOCUMENTARY, PHOTOGRAPHIC, VIDEO AND
OTHER EVIDENCE, AND MAKE A DETERMINATION WHETHER  THE  STUDENT  VIOLATED
THE CODE OF CONDUCT AND, IF SO, POSSIBLE DISCIPLINE INCLUDING SUSPENSION
OF  FIVE OR FEWER SCHOOL DAYS IS WARRANTED. THE PRINCIPAL OR THE PRINCI-
PAL'S DESIGNEE SHALL TAKE INTO ACCOUNT ALL  OF  THE  FACTORS  LISTED  IN
SUBDIVISION TWO OF THIS SECTION. THE SUSPENDING AUTHORITY SHALL ALSO:
  A.  INFORM  THE  PUPIL  ACCUSED OF MISCONDUCT AND A PERSON IN PARENTAL
RELATIONSHIP TO THE PUPIL IN WRITING ABOUT THE DETERMINATION TO  SEEK  A
SUSPENSION  ON  THE SAME DAY AS SUCH DETERMINATION, DESCRIBE THE MISCON-
DUCT OF WHICH THE STUDENT IS ACCUSED, AND PROVIDE AN EXPLANATION OF  THE
EVIDENCE;
  B.  PROVIDE THE PUPIL AND THE PERSON IN PARENTAL RELATION TO THE PUPIL
AN OPPORTUNITY FOR AN INFORMAL CONFERENCE WITH THE  PRINCIPAL  AT  WHICH
THE  PUPIL  OR  PERSON  IN  PARENTAL RELATIONSHIP SHALL BE AUTHORIZED TO
PRESENT THE PUPIL'S VERSION OF  THE  EVENT.  THE  AFORESAID  NOTICE  AND
OPPORTUNITY  FOR  AN  INFORMAL  CONFERENCE SHALL TAKE PLACE PRIOR TO THE
SUSPENSION OF THE PUPIL.  THE STUDENT SHALL BE ALLOWED TO ATTEND CLASSES
AND OTHERWISE REMAIN IN SCHOOL, PENDING  THE  OUTCOME  OF  THE  INFORMAL
CONFERENCE  WITH  THE  PRINCIPAL, UNLESS PARAGRAPH G OF THIS SUBDIVISION
APPLIES.   THE SUSPENDING  AUTHORITY  SHALL  TAKE  REASONABLE  STEPS  TO
PROVIDE  THE WRITTEN NOTICE DESCRIBED IN PARAGRAPH A OF THIS SUBDIVISION
IN THE FIRST LANGUAGE OF A PARENT OR PERSON  IN  PARENTAL  RELATION  WHO
DOES NOT READ OR SPEAK ENGLISH. THE WRITTEN NOTICE SHALL INCLUDE:
  (1)  A  DESCRIPTION  OF  THE  CIRCUMSTANCES  UPON WHICH ALLEGATIONS OF
MISCONDUCT ARE BASED, INCLUDING THE  DATE,  TIME  AND  LOCATION  OF  THE
ALLEGED  INCIDENT,  THE  SECTION  OF  THE CODE OF CONDUCT THAT THE PUPIL
ALLEGEDLY VIOLATED  AND  DISCIPLINARY  ACTION  THAT  MAY  BE  WARRANTED,
INCLUDING THE LENGTH OF A POSSIBLE SUSPENSION;
  (2) THE DATE, TIME AND PLACE FOR THE INFORMAL CONFERENCE;
  (3)  A  STATEMENT  INCLUDING  THE  POSITIVE INTERVENTIONS AND PRACTICE
USED, OR IF NONE WERE USED, WHY THEY WERE NOT, AND  EXPLAINING  WHY  THE
USE OF EXCLUSIONARY DISCIPLINE MAY BE JUSTIFIED;
  (4)  A  COPY  OF  ALL  DOCUMENTARY EVIDENCE RELATED TO THE INCIDENT OF
BEHAVIOR THAT ALLEGEDLY VIOLATES THE CODE OF CONDUCT INCLUDING, BUT  NOT

A. 8396                            11

LIMITED  TO,  INCIDENT  REPORTS  AND  AUDIO OR VIDEO RECORDINGS THAT THE
SCHOOL POSSESSES REGARDING THE INCIDENT AND  A  LIST  OF  WITNESSES  AND
THEIR  STATEMENTS.  IF  ANY OF THE DOCUMENTARY EVIDENCE REQUIRED BY THIS
SUBPARAGRAPH  IS  NOT  AVAILABLE AT THE TIME THE NOTICE IS PROVIDED, THE
NOTICE MUST INCLUDE A LIST OF  THE  MISSING  DOCUMENTARY  EVIDENCE.  ANY
MISSING  DOCUMENTARY EVIDENCE MUST BE PROVIDED NO LATER THAN TWENTY-FOUR
HOURS BEFORE THE CONFERENCE;
  (5) A STATEMENT OF PUPIL AND PARENT RIGHTS PURSUANT  TO  THE  CODE  OF
CONDUCT INCLUDING THE RIGHT TO CALL AND QUESTION WITNESSES, THE RIGHT TO
LEGAL  REPRESENTATION OR AN ADVOCATE, THE RIGHT TO INTERPRETATION AT THE
CONFERENCE BY A QUALIFIED  INTERPRETER  AND  THE  RIGHT  TO  APPEAL  ANY
SUSPENSION  IMPOSED  TO  THE  SUPERINTENDENT,  THE  SCHOOL  BOARD OR THE
COMMISSIONER AND THE PROCEDURES FOR SUCH AN APPEAL;
  (6) A STATEMENT THAT ONCE THE LENGTH OF TIME OF THE STUDENT'S  SUSPEN-
SION CONCLUDES, THE STUDENT IS AUTOMATICALLY REINSTATED TO SCHOOL;
  (7) THE NOTICE SHALL ALSO STATE TO THE PERSON IN PARENTAL RELATIONSHIP
TO THE PUPIL THAT IF THE CHILD HAS BEEN ARRESTED OR IF A CRIMINAL INVES-
TIGATION  IS  PENDING,  A PUPIL MAY CHOOSE NOT TO MAKE A WRITTEN OR ORAL
STATEMENT CONCERNING THE INCIDENT, AND ANY STATEMENT MADE BY THE  PUPIL,
WRITTEN  OR  ORAL,  MIGHT BE USED AGAINST THE PUPIL IN A CRIMINAL, IMMI-
GRATION, OR JUVENILE DELINQUENCY INVESTIGATION AND/OR PROCEEDING, AND/OR
IN A COURT OF LAW.
  C. AT THE INFORMAL  CONFERENCE,  THE  PUPIL  AND  PERSON  IN  PARENTAL
RELATION  TO  THE  PUPIL SHALL HAVE THE RIGHT TO REQUEST THE PRESENCE OF
WITNESSES, INCLUDING WITNESSES WHO ARE STUDENTS,  SCHOOL  EMPLOYEES,  OR
SAFETY OR LAW ENFORCEMENT PERSONNEL ON CAMPUS. THE SCHOOL SHALL TAKE ALL
REASONABLE  STEPS  TO  ENSURE  THE  PRESENCE OF SUCH WITNESSES, WITH THE
UNDERSTANDING THAT THE PRINCIPAL CANNOT CONTROL  THE  ACTIONS  OF  THOSE
OUTSIDE HIS OR HER SCHOOL COMMUNITY.
  D.  AT  THE INFORMAL CONFERENCE PARTICIPANTS SHALL ASSESS THE FACTS OF
THE INCIDENT  OF  ALLEGED  MISCONDUCT,  DETERMINE  WHETHER  THE  STUDENT
VIOLATED  THE  CODE  OF  CONDUCT  AND,  IF  SO,  WHETHER  SUSPENSION  IS
WARRANTED, ESTABLISH AN EDUCATION PLAN FOR THE PUPIL, INCLUDING ACADEMIC
AND SUPPORT SERVICES, AND  A  PLAN  FOR  THE  PUPIL'S  REINSTATEMENT  TO
SCHOOL.
  E.  THE  SUSPENDING AUTHORITY SHALL ISSUE A WRITTEN DECISION ABOUT ANY
DISCIPLINARY ACTION WITHIN TWO DAYS OF THE CONFERENCE. IF THE  PRINCIPAL
DETERMINES  THAT  A SUSPENSION OF FIVE SCHOOL DAYS OR LESS IS WARRANTED,
THE WRITTEN DECISION SHALL STATE THE LENGTH OF THE SUSPENSION,  FINDINGS
OF FACT, REASONS FOR THE DETERMINATION, THE PROCEDURES FOR AN APPEAL AND
THE  DATE  BY WHICH AN APPEAL MUST BE FILED.  THE WRITTEN DECISION SHALL
BE PROVIDED TO THE PERSON IN PARENTAL RELATION TO THE PUPIL.
  F. A PUPIL SUSPENDED FOR INAPPROPRIATE BEHAVIOR AND PERSON IN PARENTAL
RELATIONSHIP MAY APPEAL A SUSPENSION OF FIVE DAYS OR LESS TO THE  SCHOOL
DISTRICT SUPERINTENDENT. IF THE SUPERINTENDENT PARTICIPATED IN THE DECI-
SION  TO SUSPEND THE PUPIL, THE PUPIL OR PERSON IN PARENTAL RELATIONSHIP
TO THE PUPIL MAY APPEAL TO THE SCHOOL BOARD, BOARD OF  TRUSTEES,  OR  IN
THE  CITY  OF  NEW YORK, TO THE CHANCELLOR. AN APPEAL OF A SUSPENSION OF
FIVE OR FEWER DAYS MUST BE DECIDED WITHIN  TEN  DAYS  OF  RECEIVING  THE
APPEAL. THE PERSON DECIDING THE APPEAL MAY UPHOLD OR REVERSE THE SUSPEN-
SION  BUT  CANNOT  IMPOSE A LONGER SUSPENSION OR ADDITIONAL DISCIPLINARY
TERMS OR CONDITIONS. THE PERSON DECIDING THE  APPEAL  MUST  REVERSE  AND
EXPUNGE  THE  SUSPENSION IF: (1) THE SUSPENSION WAS IMPOSED FOR BEHAVIOR
FOR WHICH SUSPENSION IS PROHIBITED BY  LAW  OR  NOT  AUTHORIZED  BY  THE
SCHOOL'S  CODE  OF  CONDUCT;  (2)  THE SCHOOL DID NOT PRESENT SUFFICIENT
EVIDENCE TO ESTABLISH THAT THE STUDENT VIOLATED THE CODE OF CONDUCT  AND

A. 8396                            12

THAT  A  SUSPENSION  WAS  WARRANTED  FOR  THAT VIOLATION; (3) THE SCHOOL
FAILED TO SHOW THAT A LESSER EXCLUSIONARY INTERVENTION COULD NOT ADDRESS
THE STUDENT MISCONDUCT; (4) THE SCHOOL DID NOT FOLLOW DUE PROCESS PROCE-
DURES; OR (5) THE FACTS AND CONSIDERATIONS REQUIRED BY THE SCHOOL'S CODE
OF  CONDUCT DO NOT SUPPORT THE DECISION TO SUSPEND THE PUPIL. THE SUPER-
INTENDENT OR SCHOOL BOARD MAY REVERSE AND EXPUNGE THE SUSPENSION IF  THE
SCHOOL  DID  NOT  IMPOSE  GRADUATED  AND PROPORTIONATE DISCIPLINE OR THE
SUSPENSION WAS NOT APPROPRIATE GIVEN  THE  FACTS  AS  PRESENTED  AT  THE
CONFERENCE.
  G.  A  PUPIL WHOSE MISCONDUCT PHYSICALLY INJURES OR POSES AN IMMEDIATE
THREAT OF SERIOUS PHYSICAL INJURY  TO  THE  PUPIL  OR  OTHER  PERSON  OR
PERSONS  OR  WHO  DAMAGES  PROPERTY  AND SUCH DAMAGE INJURES OR POSES AN
IMMEDIATE THREAT OF SERIOUS PHYSICAL INJURY TO THE PUPIL OR OTHER PERSON
OR PERSONS, THE PUPIL  MAY  BE  REMOVED  IMMEDIATELY  AND  THE  INFORMAL
CONFERENCE  SHALL  FOLLOW AS SOON AFTER THE PUPIL'S REMOVAL AS PRACTICA-
BLE, BUT IN NO CASE MORE THAN FORTY-EIGHT HOURS AFTER SUCH  REMOVAL.  IF
IMMEDIATE REMOVAL FROM SCHOOL IS NECESSARY, THE SCHOOL SHALL IMMEDIATELY
NOTIFY  A  PERSON IN PARENTAL RELATIONSHIP TO THE PUPIL TO DETERMINE HOW
TO TRANSFER THE PUPIL TO THE PERSON  IN  PARENTAL  RELATIONSHIP  TO  THE
PUPIL.
  [(2)  A  teacher shall immediately report and refer a violent pupil to
the principal or superintendent for a violation of the code  of  conduct
and a minimum suspension period pursuant to section twenty-eight hundred
one of this chapter.
  c. (1) No pupil may be suspended for a period in excess of five school
days 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 transcript shall
be  required and a tape recording shall be deemed a satisfactory 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  super-
intendent  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.
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-

A. 8396                            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.]
  5. SUSPENSION OF A PUPIL FOR SIX TO TWENTY DAYS.  THE BOARD OF  EDUCA-
TION,  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 AUTHORITY TO  SUSPEND  A  PUPIL  FOR  A
PERIOD  OF  BETWEEN  SIX  TO TWENTY DAYS IF A PUPIL VIOLATES THE CODE OF
CONDUCT FOR WHICH SUCH SUSPENSION MAY BE WARRANTED, NO RESTORATIVE PRAC-
TICE IS ADEQUATE TO ADDRESS THE MISCONDUCT, AND A  SUSPENSION  OF  FEWER
THAN  SIX  DAYS  CANNOT ADDRESS THE MISCONDUCT. THE SUSPENDING AUTHORITY
SHALL TAKE THE FOLLOWING STEPS BEFORE DETERMINING THAT A SUSPENSION  FOR
A PERIOD OF BETWEEN SIX TO TWENTY DAYS IS PROPOSED:
  A.  INTERVIEW  ANY  ALLEGED  VICTIM  AND WITNESSES TO THE INCIDENT AND
OBTAIN THEIR SIGNED, WRITTEN STATEMENTS; IDENTIFY AND REVIEW DOCUMENTARY
PHOTOGRAPHIC, VIDEO, AND OTHER EVIDENCE; DETERMINE  WHETHER  APPROPRIATE
INTERVENTIONS,  INCLUDING  RESTORATIVE PRACTICES CAN ADDRESS THE ALLEGED
VIOLATION OF THE CODE OF CONDUCT; AND IF NOT, MAKE A DETERMINATION ABOUT
POSSIBLE DISCIPLINE INCLUDING SUSPENSION FOR A PERIOD OF BETWEEN SIX  TO
TWENTY SCHOOL DAYS IF WARRANTED. THE PRINCIPAL OR THE PRINCIPAL'S DESIG-
NEE SHALL TAKE INTO ACCOUNT ALL OF THE FACTORS LISTED IN SUBDIVISION TWO
OF THIS SECTION;
  B.  SHALL SEND IMMEDIATE WRITTEN NOTICE TO THE PUPIL AND THE PERSON IN
PARENTAL  RELATIONSHIP  TO  THE PUPIL ABOUT THE DETERMINATION TO SUSPEND
THE PUPIL AND THE HEARING. THE SUSPENDING AUTHORITY SHALL  TAKE  REASON-
ABLE  STEPS  TO  PROVIDE  SUCH WRITTEN NOTICE IN THE FIRST LANGUAGE OF A
PARENT OR PERSON IN  PARENTAL  RELATION  WHO  DOES  NOT  READ  OR  SPEAK
ENGLISH. THE WRITTEN NOTICE SHALL INCLUDE:
  (1)  A  DESCRIPTION  OF  THE  FACTS  AND  CIRCUMSTANCES UPON WHICH THE
ALLEGED VIOLATIONS OF THE CODE OF CONDUCT ARE BASED, THE SECTION OF  THE
CODE  OF  CONDUCT  THAT  THE  PUPIL  ALLEGEDLY VIOLATED AND DISCIPLINARY
ACTION THAT MAY BE WARRANTED INCLUDING THE LENGTH OF A POSSIBLE  SUSPEN-
SION;
  (2)  THE DATE, TIME AND PLACE FOR THE HEARING TO DETERMINE WHETHER THE
PROPOSED SUSPENSION IS WARRANTED;
  (3) A STATEMENT INCLUDING THE  POSITIVE  INTERVENTIONS  AND  PRACTICES
USED,  OR  IF  NONE WERE USED, WHY THEY WERE NOT, AND EXPLAINING WHY THE
USE OF EXCLUSIONARY DISCIPLINE MAY BE JUSTIFIED.
  (4) A COPY OF ALL DOCUMENTARY EVIDENCE RELATED TO THE INCIDENT OF  THE
BEHAVIOR  THAT  IS  ALLEGED TO VIOLATE THE CODE OF CONDUCT INCLUDING BUT
NOT LIMITED TO INCIDENT REPORTS, WITNESS STATEMENTS, AND AUDIO OR  VIDEO
RECORDINGS  THAT  THE SCHOOL POSSESSES REGARDING THE INCIDENT AND A LIST
OF WITNESSES WHO MAY APPEAR AT THE HEARING. IF ANY  OF  THE  DOCUMENTARY
EVIDENCE  REQUIRED  BY  THIS  PARAGRAPH IS NOT AVAILABLE AT THE TIME THE
NOTICE IS PROVIDED, THE NOTICE MUST INCLUDE A LIST OF THE MISSING  DOCU-
MENTARY  EVIDENCE.  ANY MISSING DOCUMENTARY EVIDENCE MUST BE PROVIDED NO
LATER THAN TWENTY-FOUR HOURS BEFORE THE HEARING;

A. 8396                            14

  (5) A STATEMENT OF PUPIL AND PARENT RIGHTS PURSUANT  TO  THE  CODE  OF
CONDUCT  INCLUDING THE RIGHT TO CALL AND QUESTION WITNESSES AT THE HEAR-
ING, THE RIGHT TO LEGAL REPRESENTATION OR AN ADVOCATE DURING THE SUSPEN-
SION PROCESS, THE RIGHT TO INTERPRETATION AT THE HEARING BY A  QUALIFIED
INTERPRETER  AND THE RIGHT TO APPEAL TO THE SUPERINTENDENT, THE BOARD OF
TRUSTEES, THE SCHOOL BOARD OR THE COMMISSIONER AND  THE  PROCEDURES  FOR
SUCH AN APPEAL;
  (6) THE NOTICE SHALL ALSO STATE TO THE PERSON IN PARENTAL RELATIONSHIP
TO  THE PUPIL THAT ANY STATEMENT BY THE PUPIL, WRITTEN OR ORAL, MIGHT BE
USED AGAINST THE PUPIL IN A CRIMINAL, IMMIGRATION,  OR  JUVENILE  DELIN-
QUENCY INVESTIGATION AND/OR PROCEEDING, AND/OR IN A COURT OF LAW.
  C.  HEARING.  THE  SUSPENDING AUTHORITY SHALL CONVENE A HEARING WITHIN
FIVE DAYS OF THE WRITTEN NOTICE TO THE  PUPIL  AND  PERSON  IN  PARENTAL
RELATIONSHIP  TO  THE  PUPIL  ABOUT  THE SUSPENSION UNLESS THE PERSON IN
PARENTAL RELATIONSHIP TO THE PUPIL REQUESTS A LATER DATE.  THE  SUSPEND-
ING AUTHORITY SHALL CONFIRM THE DATE, TIME AND PLACE OF THE HEARING WITH
ALL  HEARING  PARTICIPANTS  AND  DOCUMENT  SUCH  CONFIRMATION.  IF IT IS
REQUESTED, THE SCHOOL BOARD SHALL APPOINT A HEARING OFFICER WHO IS INDE-
PENDENT OF THE SUSPENDING AUTHORITY, TO HEAR  THE  CASE.    THE  HEARING
SHALL BE CONDUCTED AS FOLLOWS:
  (1)  THE  HEARING  OFFICER IS AUTHORIZED TO ADMINISTER OATHS AND ISSUE
SUBPOENAS IN CONJUNCTION WITH THE PROCEEDINGS;
  (2) THE SCHOOL MUST PROVE THAT THE PUPIL VIOLATED THE CODE OF  CONDUCT
BY A PREPONDERANCE OF THE EVIDENCE;
  (3) THE SCHOOL CANNOT RELY EXCLUSIVELY ON HEARSAY EVIDENCE TO MEET ITS
BURDEN OF PROOF.
  (4)  THE  PUPIL AND PERSON IN PARENTAL RELATIONSHIP TO THE PUPIL SHALL
HAVE THE RIGHT TO REQUEST THE PRESENCE AND TESTIMONY  OF  THE  FOLLOWING
PERSONS AND SUBJECT SUCH TESTIMONY TO QUESTION AND THE SCHOOL SHALL TAKE
REASONABLE STEPS TO SECURE THE ATTENDANCE OF SUCH PERSONS:
  (I) WITNESSES INCLUDING PUPILS AND VISITORS;
  (II)  SCHOOL  EMPLOYEES AND THE SCHOOL SHALL MAKE THE REQUESTED SCHOOL
EMPLOYEES AVAILABLE AT THE HEARING; AND
  (III) LAW ENFORCEMENT AND PRIVATE OR PUBLIC SECURITY RETAINED  BY  THE
SCHOOL  DISTRICT  PURSUANT  TO  CONTRACT  OR MEMORANDUM OF UNDERSTANDING
REQUIRED BY SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAPTER.
  (5) THE PUPIL AND PERSON IN PARENTAL RELATIONSHIP TO THE  PUPIL  SHALL
HAVE THE RIGHT TO PRESENT DOCUMENTARY EVIDENCE INCLUDING, BUT NOT LIMIT-
ED  TO,  WITNESS  STATEMENTS,  INCIDENT  REPORTS,  AND  AUDIO  AND VIDEO
RECORDINGS;
  (6) THE PUPIL AND PERSON IN PARENTAL RELATIONSHIP TO THE  PUPIL  SHALL
HAVE THE RIGHT TO REPRESENTATION BY AN ATTORNEY OR AN ADVOCATE;
  (7)  THE HEARING OFFICER SHALL CONSIDER ONLY THE EVIDENCE PRESENTED AT
THE HEARING AND MAY UPHOLD, REDUCE OR DISMISS THE  PROPOSED  SUSPENSION.
THE  HEARING OFFICER MUST DISMISS THE PROPOSED SUSPENSION IF THE HEARING
OFFICER DETERMINES THAT:
  (I) THE SUSPENSION WAS IMPOSED FOR A BEHAVIOR FOR WHICH SUSPENSION  IS
NOT AUTHORIZED OR PROHIBITED BY LAW OR THE SCHOOL'S CODE OF CONDUCT;
  (II) THE SCHOOL DID NOT MEET ITS BURDEN OF PROOF THAT A SUSPENSION FOR
A PERIOD OF BETWEEN SIX TO TWENTY DAYS IS WARRANTED;
  (III)  THE  SCHOOL  DID  NOT FOLLOW THE DUE PROCESS PROCEDURES IN THIS
SUBSECTION; OR
  (IV) FACTS AND CONSIDERATIONS REQUIRED BY THE SCHOOL'S CODE OF CONDUCT
DO NOT SUPPORT THE DECISION TO SUSPEND THE PUPIL.
  (8) THE HEARING OFFICER MAY DISMISS OR REDUCE THE PROPOSED  SUSPENSION
IF THE HEARING OFFICER DETERMINES:

A. 8396                            15

  (I)  THE SCHOOL DID NOT IMPOSE GRADUATED AND PROPORTIONATE DISCIPLINE;
OR
  (II)  THE  SUSPENSION WAS NOT APPROPRIATE GIVEN THE FACTS AS PRESENTED
AT THE HEARING.
  (9) UPON REQUEST OF THE PUPIL OR PERSON IN  PARENTAL  RELATIONSHIP  TO
THE PUPIL, THE SCHOOL SHALL PROVIDE INTERPRETATION SERVICES IN THE FIRST
LANGUAGE OF THE PUPIL OR PERSON IN PARENTAL RELATIONSHIP TO THE PUPIL;
  (10)  AN  ACCURATE  AND  COMPLETE RECORD OF THE HEARING SHALL BE MAIN-
TAINED BY THE SCHOOL, BUT NO STENOGRAPHIC RECORD SHALL BE  REQUIRED  AND
AN  AUDIO OR VIDEO RECORDING SHALL BE DEEMED A SATISFACTORY RECORD. WHEN
REQUESTED, THE SUSPENDING AUTHORITY SHALL PROVIDE TO THE PUPIL OR PERSON
IN PARENTAL RELATIONSHIP THIS RECORD AS WELL AS ANY  TRANSCRIPT  OF  THE
RECORD AT NO COST;
  (11)  THE HEARING OFFICER SHALL ISSUE A WRITTEN DECISION TO THE SCHOOL
AND THE PUPIL AND PERSON IN PARENTAL RELATIONSHIP TO THE PUPIL ABOUT ANY
DISCIPLINARY ACTION WITHIN THREE DAYS OF THE HEARING.   IF  THE  HEARING
OFFICER  DETERMINES  THAT  A  SUSPENSION OF BETWEEN SIX TO TWENTY SCHOOL
DAYS IS WARRANTED, THE WRITTEN DECISION SHALL STATE THE  LENGTH  OF  THE
SUSPENSION,  FINDINGS OF FACT, REASONS FOR THE DETERMINATION, THE PROCE-
DURES FOR AN APPEAL AND THE DATE BY WHICH AN APPEAL MUST BE FILED.
  E. APPEAL. THE PUPIL OR PERSON IN PARENTAL RELATIONSHIP TO  THE  PUPIL
SHALL  HAVE  A  RIGHT  TO  APPEAL THE DECISION OF THE HEARING OFFICER AS
FOLLOWS:
  (1) THE APPEAL SHALL BE FILED WITHIN THIRTY DAYS OF THE DATE WHEN  THE
PUPIL AND PERSON IN PARENTAL RELATIONSHIP TO THE PUPIL RECEIVE THE DECI-
SION ABOUT A SUSPENSION OF SIX OR MORE SCHOOL DAYS;
  (2)  THE  SCHOOL'S  CODE  OF  CONDUCT MUST IDENTIFY THE PROCEDURES FOR
APPEAL OF SUSPENSIONS FOR PERIODS OF MORE THAN TWENTY DAYS.  THE  APPEAL
SHALL  BE  HEARD  ONLY  BY  A PERSON WHO WAS NOT INVOLVED IN THE INITIAL
DETERMINATION OR HEARING ABOUT THE SUSPENSION OF THE PUPIL;
  (3) THE DECISION ON APPEAL MUST BE BASED SOLELY ON THE HEARING  RECORD
EXCEPT  TO  THE  EXTENT THAT THE PUPIL'S RIGHTS WERE VIOLATED DURING THE
INVESTIGATION, HEARING, OR APPEAL PROCESS;
  (4) THE PERSON HEARING THE APPEAL SHALL ISSUE A WRITTEN DECISION WITH-
IN TEN DAYS OF THE FILING OF THE APPEAL.  THE SUSPENSION MAY BE  UPHELD,
REDUCED  OR OVERTURNED.  THE PERSON DECIDING THE APPEAL MUST REVERSE THE
SUSPENSION IF: (I) THE SUSPENSION WAS IMPOSED  FOR  BEHAVIOR  FOR  WHICH
SUSPENSION  IS  PROHIBITED  BY  LAW  OR  NOT  AUTHORIZED  BY THE CODE OF
CONDUCT; (II) THE SCHOOL DID NOT PRESENT SUFFICIENT EVIDENCE TO MEET ITS
BURDEN OF PROOF; (III) THE SCHOOL DID NOT FOLLOW DUE PROCESS PROCEDURES;
OR (IV) THE FACTS AND CONSIDERATIONS REQUIRED BY THE  SCHOOL'S  CODE  OF
CONDUCT  DO  NOT  SUPPORT THE DECISION TO SUSPEND THE PUPIL FOR A PERIOD
BETWEEN SIX TO TWENTY DAYS. THE PERSON DECIDING THE APPEAL MAY  OVERTURN
OR  REDUCE  THE  SUSPENSION  IF  THE SCHOOL DID NOT IMPOSE GRADUATED AND
PROPORTIONATE DISCIPLINE OR THE SUSPENSION WAS NOT APPROPRIATE GIVEN THE
FACTS AS PRESENTED AT THE HEARING;
  (5) THE PUPIL OR PERSON IN PARENTAL RELATIONSHIP TO  THE  STUDENT  MAY
APPEAL  ANY  ADVERSE  DETERMINATION  ON  THE  APPEAL TO THE COMMISSIONER
PURSUANT TO THE REGULATIONS OF THE COMMISSIONER; AND
  (6) THE PUPIL OR PERSON IN PARENTAL  RELATIONSHIP  TO  THE  PUPIL  MAY
APPEAL  AN  ADVERSE  DECISION  OF  THE COMMISSIONER TO THE STATE SUPREME
COURT WITHIN NINETY DAYS OF RECEIPT OF THE DECISION BY THE COMMISSIONER.
  [d. (1)] 6. A. 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

A. 8396                            16

nonpublic school pupil participating in a program operated by  a  public
school  district using funds from the elementary and secondary education
act of nineteen hundred sixty-five who is determined under this subdivi-
sion  to  have  brought  a firearm to or possessed a firearm at a public
school or other premises used by the school  district  to  provide  such
programs  shall  be suspended for a period of not less than one calendar
year from participation in such program. The procedures of this subdivi-
sion shall apply to such a suspension of a  nonpublic  school  pupil.  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
pursuant to [paragraph c of this] subdivision FIVE OF THIS  SECTION  and
the  commissioner pursuant to section three hundred ten of this chapter.
Nothing in this subdivision shall be deemed to authorize the  suspension
of  a  student  with  a  disability in violation of the individuals with
disabilities education act or article eighty-nine  of  this  chapter.  A
superintendent  shall  refer  the pupil under the age of sixteen who has
been determined to have  brought  a  weapon  or  firearm  to  school  in
violation  of  this  subdivision  to a presentment agency for a juvenile
delinquency proceeding consistent with article three of the family court
act except a student fourteen or fifteen years of age who qualifies  for
juvenile  offender status under subdivision forty-two of section 1.20 of
the criminal procedure law.  A  superintendent  shall  refer  any  pupil
sixteen  years of age or older or a student fourteen or fifteen years of
age who qualifies for juvenile offender status under subdivision  forty-
two  of  section 1.20 of the criminal procedure law, who has been deter-
mined to have brought a weapon or firearm to school in violation of this
subdivision to the appropriate law enforcement officials.
  [(2)] B. Nothing in this paragraph shall be  deemed  to  mandate  such
action  by a school district pursuant to PARAGRAPH A OF THIS subdivision
[one of this section] where such  weapon  or  firearm  is  possessed  or
brought  to  school  with  the written authorization of such educational
institution in a manner authorized by article two hundred sixty-five  of
the  penal law for activities approved and authorized by the 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)] C. As used in this paragraph:
  (i) "firearm" shall mean a firearm  as  defined  in  subsection  a  of
section  nine  hundred twenty-one of title eighteen of the United States
Code; and
  (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.]  7. Procedure after suspension.  Where a pupil has been suspended
pursuant to this subdivision and said pupil [is of compulsory attendance
age] HAS THE RIGHT TO ATTEND SCHOOL, immediate steps shall be taken  for
his  or her attendance upon instruction elsewhere [or for supervision or
detention of said pupil pursuant to the provisions of article  seven  of
the  family court act].  Where a pupil has been suspended for cause, the
suspension may be revoked by the board of education whenever it  appears
to  be  for  the best interest of the school and the pupil to do so. The
board of education may also condition a student's early return to school
and suspension revocation on  the  pupil's  voluntary  participation  in
counseling or specialized classes, including anger management or dispute
resolution, where applicable.

A. 8396                            17

  [f.]  8.  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.] 9. 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 current
educational placement 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  para-
graph,  and  subsection (k) of section fourteen hundred fifteen of title
twenty of the United States code and the federal regulations  implement-
ing  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 disa-
bility in accordance with the procedures in article eighty-nine of  this
chapter.
  [(2)] B. 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)] C. 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  trustees  or  board  of education of any school district, a
district superintendent of schools or a building  principal  shall  have
authority  to order the placement of a student with a disability into an
appropriate interim alternative educational setting, another setting  or
suspension for a period not to exceed five consecutive school days where
such  student  is  suspended pursuant to this subdivision and, except as
otherwise provided in [clause (vi)] PARAGRAPH F of  this  [subparagraph]
SUBDIVISION,  the  suspension  does  not result in a change in placement
under federal law.
  (iii) the superintendent of  schools  of  a  school  district,  either
directly or upon recommendation of a hearing officer designated pursuant
to paragraph [c] D of [this] subdivision FIVE OF THIS SECTION, may order
the placement of a student with a disability into an interim alternative
educational setting, another setting or suspension for up to ten consec-
utive  school  days,  inclusive  of  any  period in which the student is
placed in an appropriate interim alternative educational setting, anoth-

A. 8396                            18

er 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  VIOLATES THE CODE OF CONDUCT AND warrants a
suspension, and, except as otherwise provided in [clause  (vi)  of  this
subparagraph]  PARAGRAPH D OF THIS SUBPARAGRAPH, the suspension does not
result in a change in placement under federal law.
  [(iv)] D. the superintendent of schools of a school  district,  either
directly or upon recommendation of a hearing officer designated pursuant
to paragraph c of [this] subdivision FIVE OF THIS SECTION, may order the
change  in placement of a student with a disability to an interim alter-
native educational setting for up to forty-five school  days  under  the
circumstances  specified  in  subsection  (k)(1)(G)  of section fourteen
hundred fifteen of title twenty of the United States code and the feder-
al regulations implementing  such  statute  or  a  longer  period  where
authorized   by   federal  law  under  the  circumstances  specified  in
subsection (k)(1)(C) of section fourteen hundred fifteen of title twenty
of the United States code and the federal regulations implementing  such
statute,  but  in  neither  case  shall such period exceed the period of
suspension ordered by a superintendent in accordance with this  subdivi-
sion.
  [(v)] E. the terms "day," "business day," and "school day" shall be as
defined  in  section  300.11 of title thirty-four of the code of federal
regulations.
  [(vi)] F. notwithstanding any other provision of this  subdivision  to
the  contrary,  upon  a  determination  by a manifestation team that the
behavior of a student with a disability was not a manifestation  of  the
student's  disability,  such student may be disciplined pursuant to this
section in the same manner and for the same duration  as  a  nondisabled
student,  except that such student shall continue to receive services to
the extent required under federal law and regulations, and such services
may be provided in an interim alternative educational setting.
  [(vii)] G. an impartial hearing officer appointed pursuant to subdivi-
sion one of section forty-four hundred four of this chapter may order  a
change  in  placement  of  a student with a disability to an appropriate
interim alternative educational setting for  not  more  than  forty-five
school  days under the circumstances specified in subsections (k)(3) and
(k)(4) of section fourteen hundred fifteen of title twenty of the United
States code and the  federal  regulations  implementing  such  statutes,
provided that such procedure may be repeated, as necessary.
  [(viii)]  H.  nothing  in this section shall be construed to authorize
the suspension or removal of a student with a disability from his or her
current educational placement [for violation of school rules]  following
a  determination by a manifestation team that the behavior is a manifes-
tation of the student's disability, except as authorized  under  federal
law and regulations.
  [(ix)]  I. the commissioner shall implement this paragraph by adopting
regulations which coordinate the procedures required for  discipline  of
students  with  disabilities, and students presumed to have a disability
for discipline purposes, pursuant to subsection (k) of section  fourteen
hundred fifteen of title twenty of the United States code and the feder-
al  regulations  implementing  such statute, with the general procedures
for student discipline under this section.
  [3-a.] 10. Teacher removal of a [disruptive pupil. In  addition,  any]
STUDENT  FOR  MISCONDUCT  IN VIOLATION OF THE CODE OF CONDUCT. A teacher
shall have the power and authority to remove a [disruptive]  pupil[,  as

A. 8396                            19

defined  in  subdivision  two-a  of  this  section,] from such teacher's
classroom consistent with discipline AND INTERVENTION measures contained
in the code of conduct adopted by the board pursuant to section  twenty-
eight  hundred  one  of  this  chapter.   SUCH CLASSROOM REMOVAL MAY NOT
EXCEED HALF OF ONE SCHOOL DAY. The  school  authorities  of  any  school
district 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 in this subdivision shall authorize the removal of a  pupil
in  violation  of any state or federal law or regulation. No pupil 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  and  THE  PERSON  IN  PARENTAL
RELATION AND the school principal of the reasons for the removal. If the
teacher  finds that the pupil's continued presence in the classroom does
not pose a continuing danger to persons or property and does not present
an ongoing threat of disruption to the  academic  process,  the  teacher
shall,  prior  to  removing  the student from the classroom, provide the
student with an explanation of the basis for the removal and  allow  the
pupil  to  informally present the pupil's version of relevant events. In
all other cases, the teacher shall provide the pupil with an explanation
of the basis for the removal and an informal  opportunity  to  be  heard
within  twenty-four  hours of the pupil's removal, 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 person in parental relation to such
pupil of the removal and the reasons therefor within  twenty-four  hours
of  the  pupil's  removal, provided that if such twenty-four hour period
does not end on a school day, it shall be extended to the  corresponding
time  on  the  next  school  day.  The  pupil and the person in parental
relation shall, upon request, be given an opportunity  for  an  informal
conference  with  the  principal to discuss the reasons for the removal.
[If the pupil denies the charges, the] THE principal  shall  provide  an
explanation  of  the  basis  for  the removal and allow the pupil and/or
person in parental relation to the pupil an opportunity to  present  the
pupil's  version of relevant events.  Such informal [hearing] CONFERENCE
shall be held within forty-eight hours of the pupil'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 removal. A PERSON IN PARENTAL RELATIONSHIP TO
THE  STUDENT  MAY  REQUEST THAT THE INFORMAL CONFERENCE TAKE PLACE LATER
THAN FORTY-EIGHT HOURS AFTER THE STUDENT'S REMOVAL. For purposes of this
subdivision, "school day" shall mean a school day as defined pursuant to
[clause (v) of subparagraph three of paragraph g of  subdivision  three]
PARAGRAPH E OF SUBDIVISION NINE 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
are not supported by substantial evidence or that the pupil's removal is
otherwise  in  violation  of law or that the conduct warrants suspension
from school pursuant to this section and a suspension will  be  imposed.
The  principal's  determination made pursuant to this paragraph shall be
made by the close of business on the school day next succeeding the  end
of  the  forty-eight  hour  period  for an informal [hearing] CONFERENCE
contained in paragraph b of this subdivision.

A. 8396                            20

  d. The principal may, in his or her  discretion,  designate  a  school
district administrator, to carry out the functions required of the prin-
cipal under this subdivision.
  [4.] 11. Expense. a. The expense attending the commitment and costs of
maintenance  of  [any  school  delinquent]  A  STUDENT  DISCIPLINED  FOR
VIOLATION OF THE CODE OF CONDUCT shall be a charge against the  city  or
district  where  he  resides,  if such city or district employs a super-
intendent 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]
STUDENT  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.] 12. Involuntary transfers of pupils who have not been  determined
to  be a student with a disability or a student presumed to have a disa-
bility for discipline purposes.
  a. The board of education, board of  trustees  or  sole  trustee,  the
superintendent  of  schools,  or  district superintendent of schools may
transfer a pupil 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]  NINE  of  this  section
from regular classroom instruction to an appropriate educational setting
in  another school upon the written recommendation of the school princi-
pal and following independent  review  thereof.  For  purposes  of  this
section  of  the law, "involuntary transfer" does not include a transfer
made by a school district as part of a plan to reduce  racial  imbalance
within  the  schools  or  as  a  change  in  school  attendance zones or
geographical boundaries.
  b. A school principal may initiate a non-requested transfer  where  it
is  believed  that such a pupil would benefit from the transfer, or when
the pupil would receive an adequate and appropriate education in another
school program or facility.
  No recommendation for pupil transfer shall be initiated by the princi-
pal until such pupil and a person in parental  relation  has  been  sent
written  notification  of  the consideration of transfer recommendation.
Such notice shall set a time and place of an  informal  conference  with
the principal and shall inform such person in parental relation and such
pupil  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
would  benefit  from  a  transfer  or  that  the  pupil would receive an
adequate and appropriate education in another school program or  facili-
ty,  the  principal may issue a recommendation of transfer to the super-
intendent. 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 person in
parental relation and to the pupil.
  d. Upon receipt of the principal's recommendation for transfer  and  a
determination  to consider that recommendation, the superintendent shall
notify the person in parental relation and the  pupil  of  the  proposed
transfer and of their right to a fair hearing as provided in paragraph c
of  subdivision  [three]  FIVE  of this section and shall list community

A. 8396                            21

agencies and free legal assistance which may be of assistance. The writ-
ten notice shall include  a  statement  that  the  pupil  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  decision  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.]  13. Transfer of a pupil. Where a suspended pupil is to be trans-
ferred pursuant to subdivision [five] TWELVE of this section, he or  she
shall  remain on the register of the original school for two school days
following transmittal of his or her records to the school to which he or
she is to be transferred. The receiving school  shall  immediately  upon
receiving  those records transmitted by the original school, review them
to insure proper placement of the pupil. Staff members who are  involved
in  the  pupil's  education  must be provided with pertinent records and
information relating to the background and problems of the pupil  before
the pupil is placed in a classroom.
  [7.]  14.  Transfer of disciplinary records. Notwithstanding any other
provision of law to the contrary, each local educational agency, as such
term is defined in subsection twenty-six of section  ninety-one  hundred
one  of  the Elementary and Secondary Education Act of 1965, as amended,
shall establish procedures in accordance with section forty-one  hundred
fifty-five  of  the  Elementary  and Secondary Education Act of 1965, as
amended, and the Family Educational Rights and Privacy Act of  1974,  to
facilitate  the transfer of disciplinary records relating to the suspen-
sion [or expulsion] of a student to any public or  nonpublic  elementary
or  secondary  school in which such student enrolls or seeks, intends or
is instructed to enroll, on a full-time or part-time basis.
  S 4. Section 305 of the education law is amended by adding  three  new
subdivisions 55, 56 and 57 to read as follows:
  55.  THE  COMMISSIONER  SHALL  PROVIDE  TECHNICAL ASSISTANCE TO SCHOOL
DISTRICTS ABOUT THE DEVELOPMENT, IMPLEMENTATION AND EVALUATION OF SCHOOL
DISTRICT CODES OF CONDUCT INCLUDING:
  (A) ONE OR MORE MODEL CODES OF CONDUCT, DESIGNED TO REDUCE THE USE  OF
SUSPENSIONS, THAT MEET THE REQUIREMENTS OF SECTIONS TWENTY-EIGHT HUNDRED
ONE AND THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER;
  (B)  BEST  PRACTICES  FOR AGE-APPROPRIATE, GRADUATED AND PROPORTIONATE
DISCIPLINE AS SET OUT IN SECTION TWENTY-EIGHT HUNDRED ONE OF THIS  CHAP-
TER;
  (C) A MATRIX OF STUDENT MISCONDUCT AND THE INTERVENTIONS AND DISCIPLI-
NARY  MEASURES THAT PROVIDE AGE APPROPRIATE, GRADUATED AND PROPORTIONATE
INTERVENTION DESIGNED TO REDUCE RELIANCE ON SUSPENSIONS AND REFERRALS TO
LAW ENFORCEMENT;
  (D) GUIDELINES  FOR  APPROPRIATE  AND  SCHOOL-WIDE  IMPLEMENTATION  OF
RESTORATIVE PRACTICES;
  (E)  FORMS NECESSARY TO IMPLEMENT STUDENT NOTIFICATION AND DUE PROCESS
REQUIREMENTS OF SECTION TWENTY-EIGHT HUNDRED ONE AND THIRTY-TWO  HUNDRED
FOURTEEN OF THIS CHAPTER.
  56.  THE COMMISSIONER SHALL, PURSUANT TO AN APPROPRIATION IN THE STATE
BUDGET, PROVIDE FUNDS TO LOCAL SCHOOL DISTRICTS FOR IMPLEMENTATION OF  A
SCHOOL'S  CODE OF CONDUCT INCLUDING MANDATORY PRE-SERVICE AND IN-SERVICE
TRAINING OF SCHOOL PERSONNEL ABOUT PREVENTION, RESTORATIVE PRACTICES AND
OTHER INTERVENTION AND  DISCIPLINARY  MEASURES  TO  RESPOND  TO  STUDENT

A. 8396                            22

MISCONDUCT AS REQUIRED BY SECTION TWENTY-EIGHT HUNDRED ONE OF THIS CHAP-
TER.
  57. THE COMMISSIONER SHALL BE AUTHORIZED TO PROVIDE FUNDS FOR TRAINING
SCHOOL  PERSONNEL  INCLUDED  IN SECTION TWENTY-EIGHT HUNDRED ONE OF THIS
CHAPTER ONLY TO THE EXTENT THAT THE STATE BUDGET INCLUDES  AN  APPROPRI-
ATION FOR SUCH TRAINING.
  S  5.  This act shall take effect immediately; provided, however, that
the amendments to subdivision 3 of section 2801  of  the  education  law
made  by  section one of this act shall be subject to the expiration and
reversion of such subdivision pursuant to section 34 of  chapter  91  of
the  laws  of  2002,  as  amended, when upon such date the provisions of
section two of this act shall take effect;  provided  further,  however,
that  the  amendments  to  subdivisions 3 and 3-a of section 3214 of the
education law made by section three of this act shall be subject to  the
expiration  of  such subdivisions and shall be deemed expired therewith;
and provided further, however, that the amendments to subdivision  7  of
section  3214  of  the  education  law made by section three of this act
shall not affect the repeal of such  subdivision  and  shall  be  deemed
repealed therewith.