STATE OF NEW YORK ________________________________________________________________________ 2985 2023-2024 Regular Sessions IN ASSEMBLY February 1, 2023 ___________ Introduced by M. of A. GALLAHAN -- read once and referred to the Commit- tee on Education AN ACT to amend the education law, in relation to school suspensions The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph 1 of paragraph c of subdivision 3 of section 2 3214 of the education law, as amended by chapter 430 of the laws of 3 2006, is amended to read as follows: 4 (1) No pupil may be suspended for a period in excess of five school 5 days unless such pupil and the person in parental relation to such pupil 6 shall have had an opportunity for a fair hearing, upon reasonable 7 notice, at which such pupil shall have the right of representation by 8 counsel, with the right to question witnesses against such pupil and to 9 present witnesses and other evidence on his or her behalf. Where a pupil 10 may be considered a dangerous threat to himself, herself, or others, 11 such pupil may be suspended for no more than ten days prior to a hearing 12 taking place to allow the school to have adequate time to make an evalu- 13 ation on the pupil's mental health, which may include a psychiatric 14 evaluation, and the risk of danger to others and to consult with law 15 enforcement. Where the pupil is a student with a disability or a student 16 presumed to have a disability, the provisions of paragraph g of this 17 subdivision shall also apply. Where a pupil has been suspended in 18 accordance with this subparagraph by a superintendent of schools, 19 district superintendent of schools, or community superintendent, the 20 superintendent shall personally hear and determine the proceeding or 21 may, in his or her discretion, designate a hearing officer to conduct 22 the hearing. The hearing officer shall be authorized to administer oaths 23 and to issue subpoenas in conjunction with the proceeding before him or 24 her. A record of the hearing shall be maintained, but no stenographic 25 transcript shall be required and a tape recording shall be deemed a 26 satisfactory record. The hearing officer shall make findings of fact EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04942-01-3
A. 2985 2 1 and recommendations as to the appropriate measure of discipline to the 2 superintendent. The report of the hearing officer shall be advisory 3 only, and the superintendent may accept all or any part thereof. An 4 appeal will lie from the decision of the superintendent to the board of 5 education who shall make its decision solely upon the record before it. 6 The board may adopt in whole or in part the decision of the superinten- 7 dent of schools. Where the basis for the suspension is, in whole or in 8 part, the possession on school grounds or school property by the student 9 of any firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor, 10 stiletto or any of the weapons, instruments or appliances specified in 11 subdivision one of section 265.01 of the penal law, the hearing officer 12 or superintendent shall not be barred from considering the admissibility 13 of such weapon, instrument or appliance as evidence, notwithstanding a 14 determination by a court in a criminal or juvenile delinquency proceed- 15 ing that the recovery of such weapon, instrument or appliance was the 16 result of an unlawful search or seizure. 17 § 2. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of 18 the education law, as amended by chapter 380 of the laws of 2001, is 19 amended to read as follows: 20 (1) No pupil may be suspended for a period in excess of five school 21 days unless such pupil and the person in parental relation to such pupil 22 shall have had an opportunity for a fair hearing, upon reasonable 23 notice, at which such pupil shall have the right of representation by 24 counsel, with the right to question witnesses against such pupil and to 25 present witnesses and other evidence on his behalf. Where a pupil may be 26 considered a dangerous threat to himself, herself, or others, such pupil 27 may be suspended for no more than ten days prior to a hearing taking 28 place to allow the school to have adequate time to make an evaluation on 29 the pupil's mental health, which may include a psychiatric evaluation, 30 and the risk of danger to others and to consult with law enforcement. 31 Where a pupil has been suspended in accordance with this subdivision by 32 a superintendent of schools, district superintendent of schools, or 33 community superintendent, the superintendent shall personally hear and 34 determine the proceeding or may, in his discretion, designate a hearing 35 officer to conduct the hearing. The hearing officer shall be authorized 36 to administer oaths and to issue subpoenas in conjunction with the 37 proceeding before him. A record of the hearing shall be maintained, but 38 no stenographic transcript shall be required and a tape recording shall 39 be deemed a satisfactory record. The hearing officer shall make findings 40 of fact and recommendations as to the appropriate measure of discipline 41 to the superintendent. The report of the hearing officer shall be advi- 42 sory only, and the superintendent may accept all or any part thereof. An 43 appeal will lie from the decision of the superintendent to the board of 44 education who shall make its decision solely upon the record before it. 45 The board may adopt in whole or in part the decision of the superinten- 46 dent of schools. Where the basis for the suspension is, in whole or in 47 part, the possession on school grounds or school property by the student 48 of any firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor, 49 stiletto or any of the weapons, instruments or appliances specified in 50 subdivision one of section 265.01 of the penal law, the hearing officer 51 or superintendent shall not be barred from considering the admissibility 52 of such weapon, instrument or appliance as evidence, notwithstanding a 53 determination by a court in a criminal or juvenile delinquency proceed- 54 ing that the recovery of such weapon, instrument or appliance was the 55 result of an unlawful search or seizure.
A. 2985 3 1 § 3. This act shall take effect immediately, provided that the amend- 2 ments to subparagraph 1 of paragraph c of subdivision 3 of section 3214 3 of the education law made by section one of this act shall be subject to 4 the expiration and reversion of such subparagraph pursuant to section 8 5 of chapter 430 of the laws of 2006, as amended, when upon such date the 6 provisions of section two of this act shall take effect.