What's happening
The "Judith Kaye School Solutions not Suspensions Act" reforms New York's school discipline laws to limit suspensions, prioritize supportive and restorative interventions, and protect student rights.
Why it matters
Shifts school discipline from punitive to supportive interventions. The bill restricts suspensions—especially for minor misbehavior and for young children—and instead requires schools to prioritize restorative practices (like mediation or classroom circles), social/emotional supports, and other interventions before resorting to removal or suspension. This is intended to reduce the negative academic and social impacts of exclusionary discipline, especially for vulnerable students.
Expands student and parent rights and due process. The legislation enhances transparency and fairness in discipline procedures, requiring that students and parents receive clear, timely notice of alleged violations, access to evidence, and opportunities for informal conferences or hearings. Students (and their parents) are explicitly granted the right to representation and to present and question witnesses, and are warned that any statements may be used in legal proceedings.
Eliminates suspensions for non-violent and subjective offenses. The bill bans suspensions for "willful disobedience," tardiness, dress code violations, unexcused absences, and similar behaviors, and absolutely prohibits suspensions for students in pre-kindergarten through third grade (except as required by federal law). This responds to concerns that such suspensions disproportionately affect students of color and students with disabilities, and contribute to the school-to-prison pipeline.
Mandates continued education and supports during removals. For any student removed from class or suspended, schools must create individualized education plans within 24 hours to ensure students can keep up with academics, including opportunities to make up missed work or tests, and support for successful re-entry. This aims to prevent falling behind academically due to discipline and to ease reintegration.
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Who cares
Headline styles
Reform School Discipline Rules
Plain English, a few words. Used as the page title.
Sponsors
21 Co-sponsors
History
- Referred to education
- Print number 767b
- Amend and recommit to education
- Print number 767a
- Amend and recommit to education
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Limit School Suspensions
In Assembly Committee · Ways And Means · Sponsor Catherine Nolan
Full text
21 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
767--B
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. MONTGOMERY, BAILEY, BENJAMIN, BIAGGI, CARLUCCI, COMRIE, GIANARIS, HARCKHAM, HOYLMAN, JACKSON, KAVANAGH, LIU, MAY, MYRIE, PARKER, PERSAUD, RAMOS, RIVERA, SALAZAR, SANDERS, SEPULVEDA, SERRANO, THOMAS -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the education law, in relation to school climate and codes of conduct on school property and disciplinary action following violation of such codes of conduct; and to amend the education law, in relation to making conforming amendments
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "Judith Kaye School Solutions not Suspensions Act."
§ 2. Section 2801 of the education law, as added by chapter 181 of the laws of 2000, subdivision 1 as amended by chapter 402 of the laws of 2005, the opening paragraph, paragraph a and paragraph c of subdivision 2 and paragraph a of subdivision 5 as amended by chapter 380 of the laws of 2001, paragraphs l and m as amended and paragraph n of subdivision 2 as added by chapter 482 of the laws of 2010, and subdivision 3 as amended by chapter 123 of the laws of 2003, is amended to read as follows:
§ 2801. Codes of conduct on school property. 1. For purposes of this section, school property means in or within any building, structure, athletic playing field, playground, parking lot or land contained within the real property boundary line of a public elementary or secondary school, including a charter school; or in or on a school bus, as defined in section one hundred forty-two of the vehicle and traffic law; [and a]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02878-11-9
S. 767--B 2
or a school's electronic files and databases. A school function shall mean a school-sponsored or school-authorized extra-curricular event or activity regardless of where such event or activity takes place, including any event or activity that may take place in another state.
2. The board of education or the trustees[, as defined in section two of this chapter,] of every school district [within the state, however created, and every] or the chancellor of the city school district in the case of the city school district of the city of New York, and every board of cooperative educational services and [county vocational extension board] charter school, shall adopt and amend, as appropriate, a code of conduct for the maintenance of order on school property, including a school function, which shall promote and sustain a safe, respectful, and supportive school environment and govern the conduct of students, teachers and other school personnel as well as visitors and shall provide for the enforcement thereof. Such policy may be adopted by the [school] board of education or trustees, or the chancellor of the city school district in the case of the city school district of the city of New York, or other governing body only after at least one public hearing that provides for the participation of school personnel, parents, students and any other interested parties before its adoption. The school district, board of cooperative educational services, or charter school shall notify the school community and general public about the hearing at least fifteen days prior to the date of the hearing. Such notice shall include the date, time, and place of the hearing, the agenda, a copy of the proposed code of conduct, and information about a public comment period as determined by the school district, board of cooperative educational services, or charter school. The school district, board of cooperative educational services, or charter school shall take necessary steps to notify families who do not speak English and whose children attend a school in the district, a board of cooperative educational services, or a charter school. Such code of conduct shall define violations of the code of conduct and set clear expectations for student conduct on school property, including at school functions, and shall include, at a minimum:
a. provisions regarding conduct, dress and language deemed appropriate and acceptable on school property, including a school function, and conduct, dress and language deemed unacceptable and inappropriate on school property, including a school function[, and];
b. provisions regarding acceptable civil and respectful treatment of teachers, school administrators, other school personnel, students and visitors on school property[, including a] and at school [function] functions, including [the appropriate] a range of age-appropriate graduated and proportionate disciplinary measures which [may be imposed for violation of such] must be considered in responding to a code violation, and the roles of teachers, administrators, other school personnel, the board of education or trustees, or the chancellor of the city school district in the case of the city school district of the city of New York, or other governing body, and parents.
b-1. provisions that require schools to use the least severe action necessary to respond to any violation of the code of conduct before imposing a removal or suspension. Such options may include restorative practices, social and emotional supports, and other interventions. Restorative practices may include class meetings, facilitated circles, conferences, peer mediation, and other interventions that can effectively address student misconduct, hold students accountable for their behavior, and foster healthy relationships within the school community.
S. 767--B 3
No student, however, shall be required to participate in a restorative practice without their consent. Reasonable attempts shall also be made to obtain the consent of their parents or persons in parental relations;
[b.] b-2. provisions that prohibit classroom removals and suspensions to respond to tardiness, unexcused absence from class or school, leaving school without permission, violation of school dress code, and lack of identification upon request of school personnel;
b-3. provisions that prohibit suspensions for initial or repeated acts of willful disobedience. "Willful disobedience" shall mean disruptive, insubordinate, or rowdy behavior, including behaviors such as the use of foul or inappropriate language, gestures, comments, or refusal to follow directions;
c. provisions that prohibit the suspension of students in pre-kindergarten through grade three, except if suspension is necessary to comply with applicable federal laws;
d. standards and procedures to assure security and safety of students and school personnel;
[c.] e. provisions for the removal from the classroom and from school property, including a school function, of students and other persons who violate the code of conduct;
[d.] f. disciplinary measures to be taken in incidents involving the possession or use of illegal substances or weapons, the use of physical force, vandalism, violation of another student's civil rights and threats of violence;
[e.] g. provisions for detention, suspension and removal from the classroom of students, consistent with section thirty-two hundred fourteen of this chapter and other applicable federal, state and local laws [including];
h. provisions for the school authorities to establish policies and procedures to ensure the provision of continued educational programming and activities for students removed from the classroom, placed in detention, or suspended from school. When a student is suspended from school or removed from the classroom, the principal, or the principal's designee, in consultation with the student's teachers, shall, within twenty-four hours, create an education plan for the student for each class in which the student is enrolled, provided that if such twentyfour hour period does not end on a school day, it shall be extended to the corresponding time on the next school day. The education plan shall make provisions for a student's on-going academic instruction during the removal or suspension and shall include the steps the school will take to provide the student with a successful re-entry to school. The student shall have the opportunity to earn all academic credit he or she would have been eligible to earn had he or she been in class, including the opportunity to complete any missed assignments or take any missed examinations or assessments during the student's removal or suspension. If an examination or assessment cannot be rescheduled, the student shall be allowed on school property to take such assessment or examination on the day and time that the assessment or examination is given;
[f.] i. procedures by which violations of the code of conduct are reported to the appropriate school personnel, the facts are investigated and determined, and discipline measures [imposed and discipline measures carried out] are determined and implemented;
[g.] j. provisions ensuring such code and the enforcement thereof are in compliance with state and federal laws relating to students with disabilities;
S. 767--B 4
[h. provisions setting forth the procedures by which local law enforcement agencies shall be notified of code violations which constitute a crime;
i.] k. provisions setting forth the circumstances under and procedures by which parents or persons in parental relation to the student accused of violating the code of conduct shall be notified of such code of conduct violations including notice that any statement by the student, written or oral, may be used against the student in a criminal, immigration, or juvenile delinquency investigation and/or proceeding and/or in a court of law;
[j.] l. provisions setting forth the circumstances under and procedures by which a [complaint in criminal court, a juvenile delinquency petition] student may be referred to law enforcement, consistent with the provisions of section twenty-eight hundred one-a of this article, or referred for a person in need of supervision petition as defined in articles three and seven of the family court act will be filed;
[k.] m. circumstances under and procedures by which [referral to] a student may be referred to academic services, school-based support services, or appropriate human service agencies [shall be made]; and
[l. a minimum suspension period, for students who repeatedly are substantially disruptive of the educational process or substantially interfere with the teacher's authority over the classroom, provided that the suspending authority may reduce such period on a case by case basis to be consistent with any other state and federal law. For purposes of this section, the definition of "repeatedly are substantially disruptive" shall be determined in accordance with the regulations of the commissioner;
m. a minimum suspension period for acts that would qualify the pupil to be defined as a violent pupil pursuant to paragraph a of subdivision two-a of section thirty-two hundred fourteen of this chapter, provided that the suspending authority may reduce such period on a case by case basis to be consistent with any other state and federal law; and]
n. provisions to comply with article two of this chapter.
3. The [district] code of conduct shall be developed in collaboration with [student, teacher, administrator, and parent organizations] representatives from interested stakeholders including, but not limited to, students, teachers, administrators, parents, school safety personnel, collective bargaining units, and other school personnel and shall be approved by the board of education or trustees, [or] other governing body, or by the chancellor of the city school district in the case of the city school district of the city of New York. In the city school district of the city of New York, each community district education council shall be authorized to adopt and implement additional policies, which are consistent with the city district's district-wide code of conduct, to reflect the individual needs of each community school district provided that such additional policies shall require the approval of the chancellor.
3-a. The board of education or trustees, chancellor of the city school district in the case of the city school district of the city of New York, or other governing body shall provide professional development in accordance with this section for school personnel, law enforcement and public or private security personnel employed, retained or contracted with a school district or charter school regarding the code of conduct, the use of interventions, and graduated and proportionate discipline.
4. [The] At the beginning of each school year, the board of education or trustees, chancellor of the city school district in the case of the
S. 767--B 5
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to school climate and codes of conduct on school property and disciplinary action following violation of such codes of conduct; and to amend the education law, in relation to making conforming amendments
Purpose or general idea of bill
To reform school discipline policies to ensure the application of fair and equitable school discipline for all students.
Summary of specific provisions
1. Amends Education Law § 2801:
Read the full memo (965 words)
*Requires schools to develop a code of conduct to promote and sustain a safe, respectful and supportive school environment.
*Requires notice and hearing of adoption of discipline code.
*Code shall define violations and set expectations for student conduct: -Code shall include a range of age-appropriate graduated disciplinary measures including restorative practices; -Code shall require schools to use the least severe action necessary to respond to a code violation; -Removals and suspensions shall not be used for tardiness, unexcused absence from class or school, leaving school without permission, violation of dress code and lack of ID; -Suspensions not permitted for willful disobedience; -Students in pre-K through grade 3 may not be suspended except if suspension is necessary to comply with applicable federal law; and -Alternate education must be provided during removal/suspension.
2. Amends Education Law § 3214:
*Creation of alternate learning sites during removal or suspension.
*Factors and considerations in determining a suspension including: -The likelihood that a lesser intervention/discipline would adequately address misconduct, redress harm and prevent future violations of code; and -Suspensions as a last resort.
*Suspensions shall be limited to no longer than 20 school days.
*Requirement that investigation of a report of a violation of the code.
*Notice to student charged that statements are voluntary and statements shall not be requested of students who have been arrested or are under consideration for referral to law enforcement.
*Decisions to suspend must consider the facts of the case, including:
-the nature and impact of the student's misconduct; and
-the student's age, ability to speak or understand English, mental health, and disabilities; and -student's willingness to resolve the conflict and repair harm; and -student's prior conduct, appropriateness of prior interventions.
*Notice and due process protections for short and long term suspensions.
*Requirement of education plan for suspended students within 24 hours with possibility of extension to next school day.
Justification
Current law controlling school discipline has been shown to have a disproportionately negative effect on students of color, students with disabilities and students who identify as LGBTQI. During the 2016-2017 school year, Black students in New York public schools outside of New York City were suspended at four times the rate of their White peers. In New York City public schools, Black students were suspended at five time the rates of their White peers. Students with disabilities represent 18.7% of all students, but account for 38.6% of all suspensions. Across the state, the racial disparities in school disciplinary actions are widespread and persistent. In Westchester County, Black students are 11% of all students, but 40% of all students are suspended at least once. In Suffolk County, Black students are 8% of all students enrolled, but 24% of all students suspended. In Erie County, Black students are 5% of all students but 21% of all suspensions. Black girls across New York State face the harshest racial disparities in school discipline. In public schools outside of New York City, Black girls in middle school and elementary schools are nearly eight times more likely to be suspended from school than their White peers. In New York City high schools, Black girls are six times more likely to be suspended from school. Research shows exclusionary discipline such as suspensions and expulsions are ineffective and have long lasting impacts on student's academic futures and lives. One suspension in high school has been linked to students being twice as likely to drop out of school and exclusionary discipline has been linked to students more likely to be held back a grade, lose critical instruction time, drop out before graduation, and to come in to contact with the juvenile justice system and the criminal justice system later in life. In 2014, the Department of Justice and Department of Education released School Discipline Guidance recommending school districts to move away from harsh and ineffective school discipline policies causing disparate impacts in school discipline outcome and to adopt fair, age appropriate, graduated, and positive alternatives to classroom removals, suspensions and expulsions. In 2018, the New York State Board of Regents adopted these recommendations.
Across the state, the racial disparities in school disciplinary actions are widespread and persistent. In New York State, students lose 686,686 days of school a year due to suspensions. Black students in New York State, per every 100, are forced out of school for more days than Black students attending public schools in New Jersey, Pennsylvania, Connecti- cut, Alabama, Mississippi, California and Texas. There is nearly a 19-point percentage gap in the graduation rate between Black students and their White peers in New York State. Students must be in class receiving instruction in order to close that gap. The joint Guidance in 2014, from the DOJ and DOE included the recommendation guidance that recommends school districts "explicitly reserve the use of out-of-school suspensions, expulsions, and alternative placements for the most egre- gious disciplinary infractions that threaten school safety and when mandated by federal or state law." 5.767 will create fair and equitable school discipline policies and practices, and reduce the troubling racial disparities by eliminating suspensions for minor infractions (late to class, cursing, insubordination) in all grades, limiting long- term suspensions from 180 days to 20 days, and prohibiting suspensions for students in K-3rd grades.
Prior legislative history
New Bill.
Fiscal implications
To be determined.
Effective date
Immediate.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.