Reform School Discipline Rules

Section 1. This act shall be known and may be cited as the "Judith Kaye School Solutions not Suspensions Act".

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00276-01-5

§ 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. Notwithstanding any provision of law, rule or regulation to the contrary, this section shall apply to all public schools in the state. For purposes of this section[,]:

a. public school shall include public charter schools pursuant to the provisions of paragraph (c) of subdivision one of section twenty-eight hundred fifty-three of this title; and

b. 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] all public elementary or secondary [school] schools; or in or on a school bus, as defined in section one hundred forty-two of the vehicle and traffic law; [and a] or a school's electronic files and databases. A school function shall mean a schoolsponsored 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 public school or 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], 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 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 or public school, or board of cooperative educational services 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 or public school, or board of cooperative educational services. The school district or public school, or board of cooperative educational services shall take necessary steps to notify families who do not speak English and whose children attend a school in the district or public school, or a board of cooperative educational services. 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] Acceptable and unacceptable behavior. Provisions detailing acceptable and unacceptable behavior in schools shall include behavior:

(i) 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

[provisions] (ii) 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, including the appropriate range of disciplinary measures which may be imposed for violation of such code, and the roles of teachers, administrators, other school personnel, the board of education and parents;] functions.

b. Disciplinary measures and strategies. Provisions detailing disciplinary measures shall:

(i) be age-appropriate, graduated, and proportionate to respond to any violation of the code of conduct before imposing a removal or suspension, the building administrator shall consult with a school psychologist or other mental health professional, to determine age-appropriate supports and interventions for the student for removal, detention, or suspension;

(ii) consider the student's whole circumstances from a holistic lens including life inside and outside of school that may impact behavior including but not limited to food insecurity, homelessness, bullying, lack of school supplies, abuse, hygiene access, and other issues that may occur in or out of school;

(iii) utilize multi-tiered systems of support and positive behavioral interventions, including:

(1) use of the least severe action necessary to respond to any violation of the code of conduct before imposing a removal or suspension; and

(2) restorative practices, social and emotional learning, therapeutic crisis interventions, counseling, de-escalation, collaborative problemsolving, conflict mediation or resolution strategies, engagement with families, class meetings, facilitated circles, conferences, peer mediation, and other interventions;

(iv) ensure any disciplinary strategies used shall provide students with the opportunity to hold themselves accountable for their behavior and repair any harm, which may include strategies to build community, strengthen relationships, engage in restorative practices; and allowing students the opportunity to remedy harm through community service with consent of their parents or persons in parental relations.

c. Suspension provisions. Provisions detailing school suspensions shall:

(i) prohibit the suspension of students in pre-kindergarten through grade three, except if a suspension is necessary to comply with applicable federal laws, including the Gun Free school act 20 U.S.C. 7961 et al. In the event a student in grades pre-K through three engages in behavior that would otherwise give rise to consideration of a suspension were they in grades four and above, schools shall make use of positive behavioral supports, and all other necessary services and interventions, including but not limited to functional behavior assessments and behavior intervention plans, that may be implemented to prevent the recurrence of the student's behaviors;

(ii) prohibit suspensions for acts of disobedience;

(iii) prohibit suspensions to respond to tardiness, unexcused absence from class or school, leaving school without permission, and violation of school dress code;

(iv) require schools to make a good faith effort to meet with the parents to develop and implement interventions and a re-entry plan for all school suspensions, this includes making several attempts to contact the parent, provide remote options to parents, and consider the parent's schedule;

(v) provide 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;

(vi) provide 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;

(vii) establish 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;

(viii) include exceptions to all prohibitions or limitations of suspension described in this section which shall only include conduct as follows:

(1) sale or distribution of tobacco, alcohol, drugs or other illegal substances;

(2) conduct that was intended and resulted in serious bodily injury upon another person while at school, on school premises, or at a school function;

(3) physical sexual assault and/or forcing another to engage in a sexual activity while at school, on school premises, or at a school function; or

(4) is necessary to comply with applicable federal laws.

d. Code of conduct and disciplinary procedures. School authorities shall establish:

(i) standards and procedures to assure security and safety of students and school personnel;

[c. provisions for the removal from the classroom and from school property, including a school function, of students and other persons who violate the code;

d. 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. 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 provisions for the school authorities to establish] (ii) 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, which shall include:

(1) an education plan that the principal, or the principal's designee, in consultation with the student's teachers, shall create for the student for each class in which the student is enrolled. 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 they would have been eligible to earn had the student 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;

(2) procedures for when 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, unless the student presents a risk to the health and safety of the school community, then alternative spaces may be used as described in section thirty-two hundred fourteen of this chapter;

(3) policies on the timeframe an educational plan shall be completed and implemented, this shall be within a reasonable and expeditious timeframe to mitigate learning loss in accordance with the length of the suspension, provided that the education plan is delivered to the student no later than forty-eight hours after the start of suspension; and

(4) in the event a suspension is imposed for twenty-one days or more, starting from the first day of exclusion, the education plan shall, include meetings every ten school days comprising of the student, parent or person in parental relation, guidance, school support staff and teachers to review the student's academic progress, services and barriers, if any, to a return to the school community. Consideration shall be given to a termination of suspension status and immediate return to the school community. In no event shall a suspension be longer than forty days unless to comply with applicable federal law.

[f.] (iii) 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.] (iv) provisions ensuring such code and the enforcement thereof are in compliance with state and federal laws relating to students with disabilities;

[h.] (v) provisions setting forth the procedures by which local law enforcement agencies shall be notified of code violations which constitute a crime;