A02985 Summary:

BILL NOA02985
 
SAME ASNo Same As
 
SPONSORGallahan
 
COSPNSR
 
MLTSPNSR
 
Amd §3214, Ed L
 
Provides that where a pupil may be considered a dangerous threat to himself, herself, or others, such pupil may be suspended for no more than ten days prior to a hearing taking place to allow the school to have adequate time to make an evaluation on the pupil's mental health, which may include a psychiatric evaluation, and the risk of danger to others and to consult with law enforcement.
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A02985 Actions:

BILL NOA02985
 
02/01/2023referred to education
05/24/2023held for consideration in education
01/03/2024referred to education
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A02985 Committee Votes:

EDUCATION Chair:Benedetto DATE:05/24/2023AYE/NAY:18/9 Action: Held for Consideration
BenedettoAyeSmithNay
MagnarelliAyeWalshNay
PaulinAyeMcDonoughExcused
RamosExcusedMikulinNay
O'DonnellExcusedReillyNay
KimAyeBrownNay
OtisAyeChangNay
HyndmanAyeMcGowanNay
BronsonAyePirozzoloNay
Jean-PierreAye
TaylorAye
Bichotte HermelExcused
SayeghAye
ButtenschonNay
ConradAye
JacksonAye
MitaynesAye
SeptimoAye
De Los SantosAye
Pheffer AmatoAye
GibbsAye
ArdilaAye

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A02985 Floor Votes:

There are no votes for this bill in this legislative session.
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A02985 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2985
 
SPONSOR: Gallahan
  TITLE OF BILL: An act to amend the education law, in relation to school suspensions   PURPOSE: To authorize schools to suspend students for more than five days, but no more than ten days if the student may be a threat to himself, herself, or others.   SUMMARY OF PROVISIONS: Sections 1 and 2: Amend the Education Law to provide that where a pupil may be a dangerous threat to himself, herself or others, such pupil may be suspended for no more than 10 days prior to a hearing taking place, to allow the school to have adequate time to make an evaluation on the pupil's mental health, which may include a psychiatric evaluation, and the risk of danger to others and to consult with law enforcement. Section 3: Provides an immediate effective date provided that amendments made by section 1 of this act shall be subject to ,the expiration and reversion.   JUSTIFICATION: Pursuant to New York State's Education Law 3214 (c), no pupil may be suspended for more than 5 days unless such pupil and parent have an opportunity for a fair hearing. Additionally, pursuant to Education Law 3214 (g), a student with a disability may be suspended in accordance with both state and federal law. Pursuant to 20 USC 1415 (k), school personnel may remove a child with a disability who violates a code of student conduct from their current placement to an appropriate interim alternative educational setting, another setting, or suspension, for not more than 10 school days (to the extent such alternatives are applied to children without disabilities). Oftentimes, when a student is suspended for five days due to violence, the school does not have enough time to determine if such student is a threat to himself, herself, or others. By extending the suspension peri- od to ten days for both nondisabled and disabled children, schools can have more time to consult with medical professionals and other experts including law enforcement as to whether student may be a dangerous threat and/or cause harm. This gives the school ample time to engage in a full and complete evaluation before letting a potentially dangerous student return to school.   LEGISLATIVE HISTORY: 2021-22: A.5415   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately
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A02985 Text:



 
                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.
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A02985 LFIN:

 NO LFIN
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A02985 Chamber Video/Transcript:

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