NY Educ L § 3214 (2021)
2021 New York Laws EDN - Education Title 4 - Teachers and Pupils Article 65 - Compulsory Education and School Census Part 1 - Compulsory Education 3214 - Student Placement, Suspensions and Transfers.

§  3214.  Student  placement,  suspensions  and  transfers.  1. School delinquent. A minor under seventeen years of age, required by any of the provisions of part one of this article to attend upon  instruction,  who is  an  habitual  truant  from  such instruction or is irregular in such attendance or insubordinate  or  disorderly  or  disruptive  or  violent during such attendance, is a school delinquent.   2.  Special  day schools. The school authorities of any city or school district may establish schools or  set  apart  rooms  in  public  school buildings  for the instruction of school delinquents, and fix the number of days per week and the hours per day  of  required  attendance,  which shall not be less than is required of minors attending the full time day schools.   2-a.  a.  Violent  pupil.  For the purposes of this section, a violent pupil is an elementary or secondary student under  twenty-one  years  of age who:  (1)  commits an act of violence upon a teacher, administrator or other school employee;  (2) commits, while on school district property,  an  act  of  violence upon another student or any other person lawfully upon said property;  (3)  possesses,  while  on  school  district  property,  a gun, knife, explosive or incendiary bomb, or other dangerous instrument  capable  of causing physical injury or death;  (4)  displays, while on school district property, what appears to be a gun, knife, explosive or incendiary bomb or other  dangerous  instrument capable of causing death or physical injury;  (5)   threatens,  while  on  school  district  property,  to  use  any instrument that appears capable of causing physical injury or death;  (6) knowingly and  intentionally  damages  or  destroys  the  personal property  of a teacher, administrator, other school district employee or any person lawfully upon school district property; or  (7) knowingly and intentionally damages or  destroys  school  district property.   b.  Disruptive  pupil.  For the purposes of this section, a disruptive pupil is an elementary or secondary student under  twenty-one  years  of age  who  is  substantially  disruptive  of  the  educational process or substantially  interferes  with  the  teacher's   authority   over   the classroom.   3. Suspension of a pupil. a. The board of education, board of trustees or  sole trustee, the superintendent of schools, district superintendent of schools or principal of a school may  suspend  the  following  pupils from required attendance upon instruction:   A  pupil  who is insubordinate or disorderly or violent or disruptive, or whose conduct otherwise  endangers  the  safety,  morals,  health  or welfare of others.   b.  (1)  The  board  of education, board of trustees, or sole trustee, superintendent of schools, district superintendent of  schools  and  the principal  of the school where the pupil attends shall have the power to suspend a pupil for a period not to exceed five school days. In the case of such a suspension, the suspending authority shall provide  the  pupil with  notice  of  the  charged  misconduct.  If  the  pupil  denies  the misconduct, the suspending authority shall provide an explanation of the basis for the suspension. The pupil and the person in parental  relation to  the pupil shall, on request, be given an opportunity for an informal conference with the principal  at  which  the  pupil  and/or  person  in parental  relation shall be authorized to present the pupil's version of the event and  to  ask  questions  of  the  complaining  witnesses.  The aforesaid  notice  and opportunity for an informal conference shall take place prior to suspension of the pupil unless the  pupil's  presence  in  the  school  poses  a  continuing  danger  to  persons or property or an ongoing threat of disruption to the academic process, in which case  the pupil's  notice  and  opportunity  for an informal conference shall take place as soon after the suspension as is reasonably practicable.  (2)  A  teacher  shall immediately report and refer a violent pupil to the principal or superintendent for a violation of the code  of  conduct and a minimum suspension period pursuant to section twenty-eight hundred one of this chapter.   c.  * (1)  No  pupil  may  be suspended for a period in excess of five school days unless such pupil and the person  in  parental  relation  to such  pupil  shall  have  had  an  opportunity  for a fair hearing, upon reasonable  notice,  at  which  such  pupil  shall  have  the  right  of representation  by counsel, with the right to question witnesses against such pupil and to present witnesses and other evidence  on  his  or  her behalf.  Where  the  pupil  is  a student with a disability or a student presumed to have a disability, the provisions of  paragraph  g  of  this subdivision  shall  also  apply.  Where  a  pupil  has been suspended in accordance with  this  subparagraph  by  a  superintendent  of  schools, district  superintendent  of  schools,  or community superintendent, the superintendent shall personally hear and  determine  the  proceeding  or may,  in  his  or her discretion, designate a hearing officer to conduct the hearing. The hearing officer shall be authorized to administer oaths and to issue subpoenas in conjunction with the proceeding before him  or her.  A  record  of the hearing shall be maintained, but no stenographic transcript shall be required and a tape  recording  shall  be  deemed  a satisfactory  record.    The hearing officer shall make findings of fact and recommendations as to the appropriate measure of discipline  to  the superintendent.  The  report  of  the  hearing officer shall be advisory only, and the superintendent may accept all  or  any  part  thereof.  An appeal  will lie from the decision of the superintendent to the board of education who shall make its decision solely upon the record before  it. The   board  may  adopt  in  whole  or  in  part  the  decision  of  the superintendent of schools.  Where the basis for the  suspension  is,  in whole or in part, the possession on school grounds or school property by the  student  of  any  firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor, stiletto or any of the weapons, instruments  or  appliances specified  in  subdivision  one  of section 265.01 of the penal law, the hearing officer or superintendent shall not be barred  from  considering the  admissibility  of such weapon, instrument or appliance as evidence, notwithstanding a determination by a court in  a  criminal  or  juvenile delinquency  proceeding  that the recovery of such weapon, instrument or appliance was the result of an unlawful search or seizure.   * NB Effective until June 30, 2024   * (1) No pupil may be suspended for a period in excess of five  school days unless such pupil and the person in parental relation to such pupil shall  have  had  an  opportunity  for  a  fair hearing, upon reasonable notice, at which such pupil shall have the right  of  representation  by counsel,  with the right to question witnesses against such pupil and to present witnesses and other evidence on his behalf. Where  a  pupil  has been  suspended  in accordance with this subdivision by a superintendent of  schools,  district   superintendent   of   schools,   or   community superintendent,  the  superintendent shall personally hear and determine the proceeding or may, in his discretion, designate a hearing officer to conduct  the  hearing.  The  hearing  officer  shall  be  authorized  to administer  oaths  and  to  issue  subpoenas  in  conjunction  with  the proceeding before him. A record of the hearing shall be maintained,  but no  stenographic transcript shall be required and a tape recording shall be deemed a satisfactory record. The hearing officer shall make findings  of fact and recommendations as to the appropriate measure of  discipline to  the  superintendent.  The  report  of  the  hearing officer shall be advisory only, and  the  superintendent  may  accept  all  or  any  part thereof.  An  appeal will lie from the decision of the superintendent to the board of education who shall  make  its  decision  solely  upon  the record  before  it. The board may adopt in whole or in part the decision of the superintendent of schools. Where the basis for the suspension is, in whole or in part, the possession on school grounds or school property by the student of any firearm, rifle, shotgun, dagger, dangerous  knife, dirk,  razor,  stiletto or any of the weapons, instruments or appliances specified in subdivision one of section 265.01 of  the  penal  law,  the hearing  officer  or superintendent shall not be barred from considering the admissibility of such weapon, instrument or appliance  as  evidence, notwithstanding  a  determination  by  a court in a criminal or juvenile delinquency proceeding that the recovery of such weapon,  instrument  or appliance was the result of an unlawful search or seizure.   * NB Effective June 30, 2024  (2)  Where  a pupil has been suspended in accordance with this section by a board of education, the  board  may  in  its  discretion  hear  and determine the proceeding or appoint a hearing officer who shall have the same  powers and duties with respect to the board that a hearing officer has with respect to a superintendent where the suspension was ordered by him. The findings and recommendations of the hearing officer  conducting the  proceeding  shall  be  advisory  and subject to final action by the board of education, each member of which shall before voting review  the testimony  and acquaint himself with the evidence in the case. The board may reject, confirm or modify the conclusions of the hearing officer.   * d. (1) Consistent with the federal gun-free schools act, any  public school  pupil who is determined under this subdivision to have brought a firearm to or possessed a firearm at a public school shall be  suspended for a period of not less than one calendar year and any nonpublic school pupil  participating  in  a program operated by a public school district using funds from the elementary and secondary education act of  nineteen hundred  sixty-five  who  is  determined  under this subdivision to have brought a firearm to or possessed a firearm at a public school or  other premises  used  by the school district to provide such programs shall be suspended for  a  period  of  not  less  than  one  calendar  year  from participation  in such program. The procedures of this subdivision shall apply to such a suspension of a nonpublic school pupil. A superintendent of  schools,   district   superintendent   of   schools   or   community superintendent  shall  have  the  authority  to  modify  this suspension requirement for each student on a case-by-case basis. The  determination of a superintendent shall be subject to review by the board of education pursuant  to  paragraph  c  of  this  subdivision  and  the commissioner pursuant to section three hundred ten of this chapter. Nothing  in  this subdivision  shall  be  deemed  to authorize the suspension of a student with a disability in violation  of  the  individuals  with  disabilities education  act  or article eighty-nine of this chapter. A superintendent shall refer the pupil under the age of sixteen who has  been  determined to  have  brought  a  weapon  or  firearm to school in violation of this subdivision  to  a  presentment  agency  for  a   juvenile   delinquency proceeding  consistent with article three of the family court act except a student fourteen or fifteen years of age who  qualifies  for  juvenile offender  status  under  subdivision  forty-two  of  section 1.20 of the criminal procedure law. A superintendent shall refer any  pupil  sixteen years  of age or older or a student fourteen or fifteen years of age who qualifies for juvenile offender status under  subdivision  forty-two  of section  1.20  of the criminal procedure law, who has been determined to  have brought a  weapon  or  firearm  to  school  in  violation  of  this subdivision to the appropriate law enforcement officials.  (2)  Nothing  in this paragraph shall be deemed to mandate such action by a school district pursuant to subdivision one of this  section  where such  weapon  or  firearm  is  possessed  or  brought to school with the written authorization  of  such  educational  institution  in  a  manner authorized  by  article  two  hundred  sixty-five  of  the penal law for activities approved and authorized by the trustees or board of education or other governing body of the public school  and  such  governing  body adopts appropriate safeguards to ensure student safety.  (3) As used in this paragraph:  (i)  "firearm"  shall  mean  a  firearm  as defined in subsection a of section nine hundred twenty-one of title eighteen of the  United  States Code; and  (ii)  "weapon"  shall  be as defined in paragraph 2 of subsection g of section nine hundred thirty of title eighteen of the United States Code.   * NB Effective until June 30, 2022   * d. Consistent with the federal  gun-free  schools  act  of  nineteen hundred  ninety-four,  any  public  school pupil who is determined under this subdivision to have brought a weapon to school shall  be  suspended for a period of not less than one calendar year and any nonpublic school pupil  participating  in  a program operated by a public school district using funds from the elementary and secondary education act of  nineteen hundred  sixty-five  who  is  determined  under this subdivision to have brought a weapon to a public school or other premises used by the school district to provide such programs shall be suspended for a period of not less than one calendar year from  participation  in  such  program.  The procedures  of  this  subdivision  shall apply to such a suspension of a nonpublic  school  pupil.  A   superintendent   of   schools,   district superintendent  of  schools  or  community superintendent shall have the authority to modify this suspension requirement for each  student  on  a case-by-case  basis.  The  determination  of  a  superintendent shall be subject to review by the board of education pursuant to paragraph  c  of this  subdivision and the commissioner pursuant to section three hundred ten of this chapter. Nothing in this  subdivision  shall  be  deemed  to authorize  the suspension of a student with a disability in violation of the individuals with disabilities education act or  article  eighty-nine of this chapter. A superintendent shall refer the pupil under the age of sixteen  who  has  been determined to have brought a weapon to school in violation of this subdivision to a presentment  agency  for  a  juvenile delinquency proceeding consistent with article three of the family court act  except a student fourteen or fifteen years of age who qualifies for juvenile offender status under subdivision forty-two of section 1.20  of the  criminal  procedure  law.  A  superintendent  shall refer any pupil sixteen years of age or older or a student fourteen or fifteen years  of age  who  qualifies  for  juvenile  offender  status  under  subdivision forty-two of section 1.20 of the criminal procedure law,  who  has  been determined  to  have  brought  a  weapon  to school in violation of this subdivision to the appropriate law enforcement officials.   * NB Effective June 30, 2022   e. Procedure after  suspension.  Where  a  pupil  has  been  suspended pursuant  to this subdivision and said pupil is of compulsory attendance age, immediate steps shall be taken  for  his  or  her  attendance  upon instruction  elsewhere  or  for  supervision  or detention of said pupil pursuant to the provisions of article seven of  the  family  court  act. Where  a  pupil  has  been  suspended  for  cause, the suspension may be revoked by the board of education whenever it appears to be for the best interest of the school and the pupil to do so. The  board  of  education  may  also  condition  a  student's early return to school and suspension revocation on the  pupil's  voluntary  participation  in  counseling  or specialized  classes,  including anger management or dispute resolution, where applicable.   * f.  Whenever  the  term  "board  of  education  or superintendent of schools" is used in this subdivision, it  shall  be  deemed  to  include community  boards  of  education and community superintendents governing community  districts  in  accordance  with  the  provisions  of  article fifty-two-A of this chapter.   * NB Effective until June 30, 2022   * f.  Whenever  the  term  "board  of  education  or superintendent of schools" is used in this subdivision, it  shall  be  deemed  to  include community  boards  of  education and community superintendents governing community  districts  in  accordance  with  the  provisions  of  article fifty-two-A  of  this  chapter. For the purpose of this subdivision, the term "weapon" means a firearm as such term is defined  in  section  nine hundred twenty-one of title eighteen of the United States code.   * NB Effective June 30, 2022   * g. Discipline of students with disabilities and students presumed to have a disability for discipline purposes. (1) Notwithstanding any other provision  of  this  subdivision  to  the  contrary,  a  student  with a disability as such term is defined in section forty-four hundred one  of this  chapter and a student presumed to have a disability for discipline purposes,  may  be  suspended  or  removed  from  his  or  her   current educational  placement  for violation of school rules only in accordance with the procedures established in this section, the regulations of  the commissioner  implementing this paragraph, and subsection (k) of section fourteen hundred fifteen of title twenty of the United States  code  and the  federal  regulations implementing such statute, as such federal law and regulations are from time to time amended. Nothing in this paragraph shall be construed to confer greater rights on such  students  than  are conferred  under applicable federal law and regulations, or to limit the ability of a school district to change the educational  placement  of  a student  with  a disability in accordance with the procedures in article eighty-nine of this chapter.  (2) As used in this paragraph:  (1) a "student presumed to have a disability for discipline  purposes" shall mean a student who the school district is deemed to have knowledge was  a  student  with a disability before the behavior that precipitated disciplinary action under the criteria in subsection (k) (5) of  section fourteen  hundred  fifteen of title twenty of the United States code and the federal regulations implementing such statute; and  (ii) a "manifestation team"  means  a  representative  of  the  school district,  the  parent  or  person  in  parental  relation, and relevant members of the committee on special  education,  as  determined  by  the parent or person in parental relation and the district.  (3) In applying the federal law consistent with this section:  (i)  in  the event of a conflict between the procedures established in this section and those established in subsection (k) of section fourteen hundred fifteen of title twenty  of  the  United  States  code  and  the federal  regulations implementing such statute, such federal statute and regulations shall govern.  (ii) the trustees or board of education  of  any  school  district,  a district  superintendent  of  schools or a building principal shall have authority to order the placement of a student with a disability into  an appropriate  interim alternative educational setting, another setting or suspension for a period not to exceed five consecutive school days where such student is suspended pursuant to this subdivision  and,  except  as  otherwise  provided  in clause (vi) of this subparagraph, the suspension does not result in a change in placement under federal law.  (iii)  the  superintendent  of  schools  of  a school district, either directly or upon recommendation of a hearing officer designated pursuant to paragraph c of this subdivision, may order the placement of a student with a disability  into  an  interim  alternative  educational  setting, another  setting  or  suspension  for up to ten consecutive school days, inclusive of any period in which the student is placed in an appropriate interim alternative educational setting, another setting  or  suspension pursuant to clause (ii) of this subparagraph for the behavior, where the superintendent determines in accordance with the procedures set forth in this  subdivision that the student has engaged in behavior that warrants a suspension, and, except as otherwise provided in clause (vi)  of  this subparagraph,  the  suspension  does not result in a change in placement under federal law.  (iv) the superintendent  of  schools  of  a  school  district,  either directly or upon recommendation of a hearing officer designated pursuant to paragraph c of this subdivision, may order the change in placement of a  student  with  a  disability  to  an  interim alternative educational setting for  up  to  forty-five  school  days  under  the  circumstances specified in subsection (k)(1)(G) of section fourteen hundred fifteen of title  twenty  of  the  United  States  code and the federal regulations implementing such statute or a longer period where authorized by federal law under the circumstances specified in subsection (k)(1)(C) of section fourteen hundred fifteen of title twenty of the United States  code  and the  federal  regulations implementing such statute, but in neither case shall  such  period  exceed  the  period  of  suspension  ordered  by  a superintendent in accordance with this subdivision.  (v)  the  terms  "day,"  "business  day," and "school day" shall be as defined in section 300.11 of title thirty-four of the  code  of  federal regulations.  (vi)  notwithstanding  any  other provision of this subdivision to the contrary, upon a determination by a manifestation team that the behavior of a student with a disability was not a manifestation of the  student's disability,  such student may be disciplined pursuant to this section in the same manner and for the same  duration  as  a  nondisabled  student, except  that  such  student  shall  continue  to receive services to the extent required under federal law and regulations, and such services may be provided in an interim alternative educational setting.  (vii) an impartial hearing officer appointed pursuant  to  subdivision one  of  section  forty-four  hundred  four  of this chapter may order a change in placement of a student with a  disability  to  an  appropriate interim  alternative  educational  setting  for not more than forty-five school days under the circumstances specified in subsections (k)(3)  and (k)(4) of section fourteen hundred fifteen of title twenty of the United States  code  and  the  federal  regulations implementing such statutes, provided that such procedure may be repeated, as necessary.  (viii) nothing in this section shall be  construed  to  authorize  the suspension  or  removal  of  a student with a disability from his or her current educational placement for violation of school rules following  a determination   by   a   manifestation  team  that  the  behavior  is  a manifestation of the student's disability, except  as  authorized  under federal law and regulations.  (ix)  the  commissioner  shall  implement  this  paragraph by adopting regulations which coordinate the procedures required for  discipline  of students  with  disabilities, and students presumed to have a disability for discipline purposes, pursuant to subsection (k) of section  fourteen hundred  fifteen  of  title  twenty  of  the  United States code and the  federal  regulations  implementing  such  statute,  with   the   general procedures for student discipline under this section.   * NB Effective until June 30, 2024   * g. Discipline of students with disabilities and students presumed to have a disability for discipline purposes. (1) Notwithstanding any other provision  of  this  subdivision  to  the  contrary,  a  student  with a disability as such term is defined in section forty-four hundred one  of this  chapter and a student presumed to have a disability for discipline purposes,  may  be  suspended  or  removed  from  his  or  her   current educational  placement  for violation of school rules only in accordance with the procedures established in this section, the regulations of  the commissioner  implementing this paragraph, and subsection (k) of section fourteen hundred fifteen of title twenty of the United States  code  and the  federal  regulations implementing such statute, as such federal law and regulations are from time to time amended. Nothing in this paragraph shall be construed to confer greater rights on such  students  than  are conferred  under applicable federal law and regulations, or to limit the ability of a school district to change the educational  placement  of  a student  with  a disability in accordance with the procedures in article eighty-nine of this chapter.  (2) As  used  in  this  paragraph,  a  "student  presumed  to  have  a disability  for discipline purposes" shall mean a student who the school district is deemed to have knowledge was a  student  with  a  disability before  the  behavior  that  precipitated  disciplinary action under the criteria in subsection (k)(8) of section  fourteen  hundred  fifteen  of title  twenty  of  the  United  States  code and the federal regulations implementing such statute.  (3) In applying the federal law consistent with this section:  (i) in the event of a conflict between the procedures  established  in this section and those established in subsection (k) of section fourteen hundred  fifteen  of  title  twenty  of  the  United States code and the federal regulations implementing such statute, such federal statute  and regulations shall govern.  (ii)  the  trustees  or  board  of education of any school district, a district superintendent of schools or a building  principal  shall  have authority  to order the placement of a student with a disability into an appropriate interim alternative educational setting, another setting  or suspension for a period not to exceed five consecutive school days where such  student  is  suspended pursuant to this subdivision and, except as otherwise provided in clause (vi) of this subparagraph,  the  suspension does not result in a change in placement under federal law.  (iii)  the  superintendent  of  schools  of  a school district, either directly or upon recommendation of a hearing officer designated pursuant to paragraph c of this subdivision, may order the placement of a student with a disability  into  an  interim  alternative  educational  setting, another  setting  or  suspension  for up to ten consecutive school days, inclusive of any period in which the student is placed in an appropriate interim alternative educational placement, another setting or suspension pursuant to clause (ii) of this subparagraph for the behavior, where the superintendent determines in accordance with the procedures set forth in this subdivision that the student has engaged in behavior that  warrants a  suspension,  and, except as otherwise provided in clause (vi) of this subparagraph, the suspension does not result in a  change  in  placement under federal law.  (iv)  the  superintendent  of  schools  of  a  school district, either directly or upon recommendation of a hearing officer designated pursuant to paragraph c of this subdivision, may order the change in placement of a student with  a  disability  to  an  interim  alternative  educational  setting  for  up  to  forty-five  days,  but not to exceed the period of suspension  ordered  by  a  superintendent  in  accordance   with   this subdivision,  under  the circumstances specified in subsection (k)(1) of section  fourteen  hundred  fifteen of title twenty of the United States code and the federal regulations implementing such statute.  (v) the terms "day," "business day," and  "school  day"  shall  be  as defined  in  section  300.9  of title thirty-four of the code of federal regulations.  (vi) notwithstanding any other provision of this  subdivision  to  the contrary,  upon  a  determination  by the committee on special education that the behavior of a student with a disability was not a manifestation of the student's disability, such student may be disciplined pursuant to this section in the same manner as a nondisabled  student,  except  that such  student  shall continue to receive services to the extent required under federal law and regulations.  (vii) an impartial hearing officer appointed pursuant  to  subdivision one  of  section  forty-four  hundred  four  of this chapter may order a change in placement of a student with a  disability  to  an  appropriate interim  alternative  educational  setting  for not more than forty-five days under the circumstances specified in subsections (k)(2) and  (k)(7) of section fourteen hundred fifteen of title twenty of the United States code  and  the  federal regulations implementing such statutes, provided that such procedure may be repeated, as necessary.  (viii) nothing in this section shall be  construed  to  authorize  the suspension  or  removal  of  a student with a disability from his or her current educational placement for violation of school rules following  a determination by the committee on special education that the behavior is a  manifestation of the student's disability, except as authorized under federal law and regulations.  (ix) the commissioner  shall  implement  this  paragraph  by  adopting regulations  which  coordinate the procedures required for discipline of students with disabilities, and students presumed to have  a  disability for  discipline purposes, pursuant to subsection (k) of section fourteen hundred fifteen of title twenty  of  the  United  States  code  and  the federal   regulations   implementing  such  statute,  with  the  general procedures for student discipline under this section.   * NB Effective June 30, 2024   3-a. Teacher removal of a disruptive pupil. In addition,  any  teacher shall  have  the  power  and  authority to remove a disruptive pupil, as defined in subdivision  two-a  of  this  section,  from  such  teacher's classroom  consistent  with discipline measures contained in the code of conduct adopted by the board pursuant to  section  twenty-eight  hundred one of this chapter. The school authorities of any school district shall establish  policies  and procedures to ensure the provision of continued educational programming and activities for  students  removed  from  the classroom pursuant to this subdivision and provided further that nothing in  this subdivision shall authorize the removal of a pupil in violation of any state or federal law or regulation. No pupil shall return to  the classroom  until  the  principal makes a final determination pursuant to paragraph c of this subdivision,  or  the  period  of  removal  expires, whichever is less.   * a.  Such  teacher shall inform the pupil and the school principal of the reasons for the removal. If  the  teacher  finds  that  the  pupil's continued presence in the classroom does not pose a continuing danger to persons or property and does not present an ongoing threat of disruption to  the  academic  process,  the  teacher  shall,  prior to removing the student from the classroom, provide the student with an  explanation  of the  basis for the removal and allow the pupil to informally present the  pupil's version of relevant events. In  all  other  cases,  the  teacher shall provide the pupil with an explanation of the basis for the removal and  an informal opportunity to be heard within twenty-four hours of the pupil's  removal, provided that if such twenty-four hour period does not end on a school day, it shall be extended to the corresponding  time  on the next school day.   * NB Effective until July 1, 2022   * a.  Such  teacher shall inform the pupil and the school principal of the reasons for the removal. If  the  teacher  finds  that  the  pupil's continued presence in the classroom does not pose a continuing danger to persons or property and does not present an ongoing threat of disruption to  the  academic  process,  the  teacher  shall,  prior to removing the student from the classroom, provide the student with an  explanation  of the  basis for the removal and allow the pupil to informally present the pupil's version of relevant events. In  all  other  cases,  the  teacher shall provide the pupil with an explanation of the basis for the removal and  an informal opportunity to be heard within twenty-four hours of the pupil's removal.   * NB Effective July 1, 2022   * b. The principal shall inform the person  in  parental  relation  to such  pupil  of  the removal and the reasons therefor within twenty-four hours of the pupil's removal, provided that  if  such  twenty-four  hour period  does  not  end  on  a  school  day,  it shall be extended to the corresponding time on the next school day. The pupil and the  person  in parental  relation  shall,  upon request, be given an opportunity for an informal conference with the principal to discuss the  reasons  for  the removal. If the pupil denies the charges, the principal shall provide an explanation  of  the  basis  for  the removal and allow the pupil and/or person in parental relation to the pupil an opportunity to  present  the pupil's  version of relevant events. Such informal hearing shall be held within forty-eight hours of the pupil's removal, provided that  if  such forty-eight  hour  period  does  not  end  on  a school day, it shall be extended to the  corresponding  time  on  the  second  school  day  next following the pupil's removal. For purposes of this subdivision, "school day"  shall  mean  a  school  day  as  defined pursuant to clause (v) of subparagraph three of paragraph g of subdivision three of this section.   * NB Effective until July 1, 2022   * b. The principal shall inform the person  in  parental  relation  to such  pupil  of  the removal and the reasons therefor within twenty-four hours of the pupil's removal. The  pupil  and  the  person  in  parental relation  shall,  upon  request, be given an opportunity for an informal conference with the principal to discuss the reasons for the removal. If the pupil denies the charges, the principal shall provide an explanation of the basis for the removal  and  allow  the  pupil  and/or  person  in parental  relation  to  the  pupil an opportunity to present the pupil's version of relevant events. Such informal hearing shall be  held  within forty-eight hours of the pupil's removal.   * NB Effective July 1, 2022   * c.  The  principal shall not set aside the discipline imposed by the teacher unless the principal finds that the charges  against  the  pupil are not supported by substantial evidence or that the pupil's removal is otherwise  in  violation  of law or that the conduct warrants suspension from school pursuant to this section and a suspension will  be  imposed. The  principal's  determination made pursuant to this paragraph shall be made by the close of business on the school day next succeeding the  end of  the  forty-eight  hour  period  for an informal hearing contained in paragraph b of this subdivision.   * NB Effective until July 1, 2022    * c. The principal shall not set aside the discipline imposed  by  the teacher  unless  the  principal finds that the charges against the pupil are not supported by substantial evidence or that the pupil's removal is otherwise in violation of law or that the  conduct  warrants  suspension from  school  pursuant to this section and a suspension will be imposed. The principal's determination made pursuant to this paragraph  shall  be made by the close of business on the day succeeding the forty-eight hour period  for  an  informal  hearing  contained  in  paragraph  b  of this subdivision.   * NB Effective July 1, 2022   d. The principal may, in his or her  discretion,  designate  a  school district  administrator,  to  carry  out  the  functions required of the principal under this subdivision.   4. Expense. a. The expense  attending  the  commitment  and  costs  of maintenance  of any school delinquent shall be a charge against the city or district where he  resides,  if  such  city  or  district  employs  a superintendent of schools; otherwise it shall be a county charge.   b.  The  school  authorities  may institute proceedings before a court having jurisdiction to determine the liability of a person  in  parental relation  to  contribute  towards the maintenance of a school delinquent under sixteen years of age ordered  to  attend  upon  instruction  under confinement.  If  the  court  shall find the person in parental relation able to contribute towards the maintenance of such a minor, it may issue an order fixing the amount to be paid weekly.   5. Involuntary transfers of pupils who have not been determined to  be a  student  with a disability or a student presumed to have a disability for discipline purposes.   a. The board of education, board of  trustees  or  sole  trustee,  the superintendent  of  schools,  or  district superintendent of schools may transfer a pupil who has not been determined to  be  a  student  with  a disability as defined in section forty-four hundred one of this chapter, or  a  student  presumed to have a disability for discipline purposes as defined in paragraph g of subdivision three of this section from regular classroom instruction to an appropriate educational setting  in  another school  upon  the  written  recommendation  of  the school principal and following independent review thereof. For purposes of  this  section  of the  law,  "involuntary  transfer" does not include a transfer made by a school district as part of a plan to reduce racial imbalance within  the schools  or  as  a  change  in  school  attendance zones or geographical boundaries.   b. A school principal may initiate a non-requested transfer  where  it is  believed  that such a pupil would benefit from the transfer, or when the pupil would receive an adequate and appropriate education in another school program or facility.   No recommendation  for  pupil  transfer  shall  be  initiated  by  the principal  until  such  pupil and a person in parental relation has been sent   written   notification   of   the   consideration   of   transfer recommendation.  Such  notice  shall set a time and place of an informal conference with the principal and shall inform such person  in  parental relation  and  such pupil of their right to be accompanied by counsel or an individual of their choice.   c. After the conference and if the principal concludes that the  pupil would  benefit  from  a  transfer  or  that  the  pupil would receive an adequate  and  appropriate  education  in  another  school  program   or facility,  the  principal  may issue a recommendation of transfer to the superintendent. Such  recommendation  shall  include  a  description  of behavior and/or academic problems indicative of the need for transfer; a description  of  alternatives explored and prior action taken to resolve  the problem. A copy of that letter  shall  be  sent  to  the  person  in parental relation and to the pupil.   d.  Upon  receipt of the principal's recommendation for transfer and a determination to consider that recommendation, the superintendent  shall notify  the  person  in  parental relation and the pupil of the proposed transfer and of their right to a fair hearing as provided in paragraph c of subdivision three of this section and shall list  community  agencies and free legal assistance which may be of assistance. The written notice shall  include a statement that the pupil or person in parental relation has ten days to request a hearing and that the proposed  transfer  shall not take effect, except upon written parental consent, until the ten day period  has  elapsed,  or, if a fair hearing is requested, until after a formal decision following the hearing is rendered, whichever is later.   Parental consent to a transfer shall not constitute a  waiver  of  the right to a fair hearing.   6.  Transfer  of a pupil. Where a suspended pupil is to be transferred pursuant to subdivision five of this section, he or she shall remain  on the  register  of  the  original  school  for  two school days following transmittal of his or her records to the school to which he or she is to be transferred. The receiving school shall  immediately  upon  receiving those  records transmitted by the original school, review them to insure proper placement of the pupil. Staff members who  are  involved  in  the pupil's   education   must   be  provided  with  pertinent  records  and information relating to the background and problems of the pupil  before the pupil is placed in a classroom.   * 7.  Transfer  of  disciplinary  records.  Notwithstanding  any other provision of law to the contrary, each local educational agency, as such term is defined in subsection thirty of section eighty-one  hundred  one of the Elementary and Secondary Education Act of 1965, as amended, shall establish  procedures  in  accordance  with  section eighty-five hundred thirty-seven of the Elementary and Secondary Education Act of  1965,  as amended,  and  the Family Educational Rights and Privacy Act of 1974, to facilitate  the  transfer  of  disciplinary  records  relating  to   the suspension  or  expulsion  of  a  student  to  any  public  or nonpublic elementary or secondary school in which such student enrolls  or  seeks, intends or is instructed to enroll, on a full-time or part-time basis.   * NB Repealed June 30, 2022