S7225-2011 Actions

• Jun 18, 2012: PRINT NUMBER 7225A
• Jun 18, 2012: AMEND (T) AND RECOMMIT TO EDUCATION
• May 2, 2012: REFERRED TO EDUCATION

S7225-2011 Memo

BILL NUMBER:S7225

TITLE OF BILL:
An act
to amend the education law, in relation to certain information to be
provided prior to hearings held for certain pupils being suspended from
school

PURPOSE OR GENERAL IDEA OF BILL:
When a student is being suspended
from school for more than five days, a fair hearing must be offered.
This bill requires that prior to attending the hearing, the parent or
guardian of the student must be provided with information
concerning the Committee on Special Education (CSE) referral process.

SUMMARY OF SPECIFIC PROVISIONS:
Subparagraph 1 of paragraph c of
subdivision 3 of section 3214 of the Education Law, as amended by
Chapter 430 of the Laws of 2006 is amended.

JUSTIFICATION:
Under current law, when a student is suspended from
school for more than five days, a fair hearing must be offered to
allow the student opportunity to have counsel, question witnesses and
to present witnesses and other evidence on his or her behalf. This
legislation requires that the school district provide the parents or
guardian of the student with information concerning the CSE referral
process prior to the hearing.

For safety reasons, it is widely recognized that serious violations of
a school district code of conduct must be dealt with in a timely
manner and be consistent in implementation. It is not the intent of
this bill to interfere with that process. However, repeated
behavioral infractions can sometimes be the manifestation of a mental
illness or other disabling condition. The bill requires that parents
be provided with information on how to access school services (such
as a psychological evaluation) when a student is facing a long term
suspension.

In instances where a disability exists and has gone undiagnosed,
repeated removal from school often exacerbates the condition and does
not address the need to prevent further infractions.

Providing the parents with information on where to seek school
related services at this juncture will offer an alternative approach
that may be warranted if the student has an undiagnosed disability.

Under the provisions of this bill, the information to be provided to
parents would include the name and contact information for the
Chairperson of the school district's Committee on Special Education
or another individual who is already charged with processing referrals
to the committee, and the manner in which a parent may refer their
child.

PRIOR LEGISLATIVE HISTORY:
New bill.


FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect July 1, 2013.

S7225-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         7225
 I N  SENATE
 May 2, 2012
 
 Introduced  by Sen. FLANAGAN -- 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 certain information to
 be provided prior to hearings held for certain pupils being  suspended
 from school
 

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

 

Section 1. Subparagraph 1 of paragraph c of subdivision 3  of  section
 3214  of  the  education  law,  as amended by chapter 430 of the laws of
 2006, is amended to read as follows:

 (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.    PRIOR  TO
 SUCH  HEARING,  SUCH  PUPIL AND SUCH PERSON IN PARENTAL RELATION TO SUCH
 PUPIL SHALL BE PROVIDED WITH AN INFORMATIONAL  DOCUMENT  BY  THE  SCHOOL
 DISTRICT  WITH  THE  NAME AND CONTACT INFORMATION FOR THE CHAIRPERSON OF
 THE SCHOOL DISTRICT'S COMMITTEE ON SPECIAL EDUCATION OR OTHER INDIVIDUAL
 WHO IS CHARGED  WITH  PROCESSING  REFERRALS  TO  THE  COMMITTEE  IN  THE
 DISTRICT,  AND  THE  MANNER  IN WHICH A PARENT MAY REFER THEIR CHILD FOR
 EVALUATION IF THEY BELIEVE THE STUDENT'S BEHAVIOR IS  THE  MANIFESTATION
 OF  A  DISABILITY.  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  subparagraph  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
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD15313-04-2
 
       S. 7225                             2
 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  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
 ing  that  the  recovery of such weapon, instrument or appliance was the
 result of an unlawful search or seizure.
 

S 2. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of
 the education law, as amended by chapter 380 of the  laws  of  2001,  is
 amended to read as follows:

 (1)  No  pupil  may be suspended for a period in excess of five school
 days 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 behalf.  PRIOR TO SUCH HEAR
 ING, SUCH PUPIL AND SUCH PERSON IN PARENTAL RELATION TO SUCH PUPIL SHALL
 BE  PROVIDED  WITH AN INFORMATIONAL DOCUMENT BY THE SCHOOL DISTRICT WITH
 THE NAME AND CONTACT INFORMATION  FOR  THE  CHAIRPERSON  OF  THE  SCHOOL
 DISTRICT'S  COMMITTEE  ON  SPECIAL  EDUCATION OR OTHER INDIVIDUAL WHO IS
 CHARGED WITH PROCESSING REFERRALS TO THE COMMITTEE IN THE DISTRICT,  AND
 THE  MANNER  IN  WHICH  A PARENT MAY REFER THEIR CHILD FOR EVALUATION IF
 THEY BELIEVE THE STUDENT'S BEHAVIOR IS THE MANIFESTATION OF A  DISABILI
 TY. Where a pupil has been suspended in accordance with this subdivision
 by  a  superintendent of schools, district superintendent of schools, or
 community superintendent, the superintendent shall personally  hear  and
 determine  the proceeding or may, in his discretion, designate a hearing
 officer to conduct the hearing. The 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 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 advi
 sory 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. 7225                             3
 ing  that  the  recovery of such weapon, instrument or appliance was the
 result of an unlawful search or seizure.
 

S  3. This act shall take effect July 1, 2013; provided, however, that
 the amendments to subparagraph 1 of paragraph  c  of  subdivision  3  of
 section  3214 of the education law made by section one of this act shall
 be subject to the expiration and reversion of such subparagraph pursuant
 to subdivision (a) of section 8 of chapter 430 of the laws of  2006,  as
 amended,  when  upon such date the provisions of section two of this act
 shall take effect. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on  its  effective date is authorized to be made on or before
 such date.

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