2023 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.
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.
* 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.
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.
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.
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.