STATE OF NEW YORK ________________________________________________________________________ 4314 2025-2026 Regular Sessions IN ASSEMBLY February 4, 2025 ___________ 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~~] their behalf. Where 10 a pupil may be considered a dangerous threat to themself or others, such 11 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~~] their discretion, designate a hearing officer to 22 conduct the hearing. The hearing officer shall be authorized to adminis- 23 ter oaths and to issue subpoenas in conjunction with the proceeding 24 before [~~him or her~~] such hearing officer. A record of the hearing shall 25 be maintained, but no stenographic transcript shall be required and a 26 tape recording shall be deemed a satisfactory record. The hearing offi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05964-01-5

A. 4314 2 1 cer shall make findings of fact and recommendations as to the appropri- 2 ate measure of discipline to the superintendent. The report of the hear- 3 ing officer shall be advisory only, and the superintendent may accept 4 all or any part thereof. An appeal will lie from the decision of the 5 superintendent to the board of education who shall make its decision 6 solely upon the record before it. The board may adopt in whole or in 7 part the decision of the superintendent of schools. Where the basis for 8 the suspension is, in whole or in part, the possession on school grounds 9 or school property by the student of any firearm, rifle, shotgun, 10 dagger, dangerous knife, dirk, razor, stiletto or any of the weapons, 11 instruments or appliances specified in subdivision one of section 265.01 12 of the penal law, the hearing officer or superintendent shall not be 13 barred from considering the admissibility of such weapon, instrument or 14 appliance as evidence, notwithstanding a determination by a court in a 15 criminal or juvenile delinquency proceeding that the recovery of such 16 weapon, instrument or appliance was the result of an unlawful search or 17 seizure. 18 § 2. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of 19 the education law, as amended by chapter 380 of the laws of 2001, is 20 amended to read as follows: 21 (1) No pupil may be suspended for a period in excess of five school 22 days unless such pupil and the person in parental relation to such pupil 23 shall have had an opportunity for a fair hearing, upon reasonable 24 notice, at which such pupil shall have the right of representation by 25 counsel, with the right to question witnesses against such pupil and to 26 present witnesses and other evidence on [~~his~~] their behalf. Where a 27 pupil may be considered a dangerous threat to themself or others, such 28 pupil may be suspended for no more than ten days prior to a hearing 29 taking place to allow the school to have adequate time to make an evalu- 30 ation on the pupil's mental health, which may include a psychiatric 31 evaluation, and the risk of danger to others and to consult with law 32 enforcement. Where a pupil has been suspended in accordance with this 33 subdivision by a superintendent of schools, district superintendent of 34 schools, or community superintendent, the superintendent shall 35 personally hear and determine the proceeding or may, in [~~his~~] their 36 discretion, designate a hearing officer to conduct the hearing. The 37 hearing officer shall be authorized to administer oaths and to issue 38 subpoenas in conjunction with the proceeding before [~~him~~] such officer. 39 A record of the hearing shall be maintained, but no stenographic tran- 40 script shall be required and a tape recording shall be deemed a satis- 41 factory record. The hearing officer shall make findings of fact and 42 recommendations as to the appropriate measure of discipline to the 43 superintendent. The report of the hearing officer shall be advisory 44 only, and the superintendent may accept all or any part thereof. An 45 appeal will lie from the decision of the superintendent to the board of 46 education who shall make its decision solely upon the record before it. 47 The board may adopt in whole or in part the decision of the superinten- 48 dent of schools. Where the basis for the suspension is, in whole or in 49 part, the possession on school grounds or school property by the student 50 of any firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor, 51 stiletto or any of the weapons, instruments or appliances specified in 52 subdivision one of section 265.01 of the penal law, the hearing officer 53 or superintendent shall not be barred from considering the admissibility 54 of such weapon, instrument or appliance as evidence, notwithstanding a 55 determination by a court in a criminal or juvenile delinquency proceed-

A. 4314 3 1 ing that the recovery of such weapon, instrument or appliance was the 2 result of an unlawful search or seizure. 3 § 3. This act shall take effect immediately, provided that the amend- 4 ments to subparagraph 1 of paragraph c of subdivision 3 of section 3214 5 of the education law made by section one of this act shall be subject to 6 the expiration and reversion of such subparagraph pursuant to section 8 7 of chapter 430 of the laws of 2006, as amended, when upon such date the 8 provisions of section two of this act shall take effect.

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