New York A 4314: Prohibits the use of fraud or deceit to obtain a controlled substance; repealer

Bill Text

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A04314 Summary:

BILL NOA04314 

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SAME ASNo Same As

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SPONSORGallahan

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COSPNSR

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MLTSPNSR

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Amd §3214, Ed L

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Provides that where a pupil may be considered a dangerous threat to themself or others, such pupil may be suspended for no more than ten days prior to a hearing taking place to allow the school to have adequate time to make an evaluation on the pupil's mental health, which may include a psychiatric evaluation, and the risk of danger to others and to consult with law enforcement.

Go to top A04314 Actions:

BILL NOA04314 

&nbsp

02/04/2025referred to education

01/07/2026referred to education

Go to topA04314 Committee&nbspVotes:

Go to topA04314 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA04314 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4314

 2025-2026 Regular Sessions

 IN ASSEMBLY

 February 4, 2025
 ___________

 Introduced by M. of A. GALLAHAN -- read once and referred to the Commit-
 tee on Education

 AN ACT to amend the education law, in relation to school suspensions

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subparagraph 1 of paragraph c of subdivision 3 of section
 2 3214 of the education law, as amended by chapter 430 of the laws of
 3 2006, is amended to read as follows:
 4 (1) No pupil may be suspended for a period in excess of five school
 5 days unless such pupil and the person in parental relation to such pupil
 6 shall have had an opportunity for a fair hearing, upon reasonable
 7 notice, at which such pupil shall have the right of representation by
 8 counsel, with the right to question witnesses against such pupil and to
 9 present witnesses and other evidence on [his or her] their behalf. Where
 10 a pupil may be considered a dangerous threat to themself or others, such
 11 pupil may be suspended for no more than ten days prior to a hearing
 12 taking place to allow the school to have adequate time to make an evalu-
 13 ation on the pupil's mental health, which may include a psychiatric
 14 evaluation, and the risk of danger to others and to consult with law
 15 enforcement. Where the pupil is a student with a disability or a student
 16 presumed to have a disability, the provisions of paragraph g of this
 17 subdivision shall also apply. Where a pupil has been suspended in
 18 accordance with this subparagraph by a superintendent of schools,
 19 district superintendent of schools, or community superintendent, the
 20 superintendent shall personally hear and determine the proceeding or
 21 may, in [his or her] their discretion, designate a hearing officer to
 22 conduct the hearing. The hearing officer shall be authorized to adminis-
 23 ter oaths and to issue subpoenas in conjunction with the proceeding
 24 before [him or her] such hearing officer. A record of the hearing shall
 25 be maintained, but no stenographic transcript shall be required and a
 26 tape recording shall be deemed a satisfactory record. The hearing offi-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05964-01-5

 A. 4314 2

 1 cer shall make findings of fact and recommendations as to the appropri-
 2 ate measure of discipline to the superintendent. The report of the hear-
 3 ing officer shall be advisory only, and the superintendent may accept
 4 all or any part thereof. An appeal will lie from the decision of the
 5 superintendent to the board of education who shall make its decision
 6 solely upon the record before it. The board may adopt in whole or in
 7 part the decision of the superintendent of schools. Where the basis for
 8 the suspension is, in whole or in part, the possession on school grounds
 9 or school property by the student of any firearm, rifle, shotgun,
 10 dagger, dangerous knife, dirk, razor, stiletto or any of the weapons,
 11 instruments or appliances specified in subdivision one of section 265.01
 12 of the penal law, the hearing officer or superintendent shall not be
 13 barred from considering the admissibility of such weapon, instrument or
 14 appliance as evidence, notwithstanding a determination by a court in a
 15 criminal or juvenile delinquency proceedin