BILL NUMBER: S134
SPONSOR: JACKSON
 
TITLE OF BILL:
An act to amend the education law, in relation to school climate and
codes of conduct on school property and disciplinary action following
violation of such codes of conduct; to amend chapter 123 of the laws of
2003 amending the education law relating to establishing the community
district education council within the New York city community school
district system, in relation to the effectiveness thereof; to amend
chapter 430 of the laws of 2006, amending the education law relating to
implementation of the federal individuals with disabilities education
improvement act of 2004, in relation to the effectiveness thereof; to
amend chapter 352 of the laws of 2005, amending the education law relat-
ing to implementation of the federal individuals with disabilities
education improvement act of 2004, in relation to the effectiveness
thereof; and to amend chapter 378 of the laws of 2007, amending the
education law relating to implementation of the federal individuals with
disabilities education improvement act of 2004, in relation to the
effectiveness thereof
 
PURPOSE:
The purpose of this bill is to reform school discipline policies to
ensure the application of fair and equitable school discipline for all
students.
 
SUMMARY OF PROVISIONS:
Section 1 is the title of the legislation, the "Judith Kaye School
Solutions not Suspensions Act."
Section 2 amends Section 2801 of the Education Law to require schools to
develop a code of conduct to promote and sustain a safe, respectful, and
supportive school environment. The code of conduct shall require notice
and a hearing of the adoption of a discipline code. This bill requires
the code of conduct be developed in collaboration with representatives
from interested stakeholders including, but not limited to, students,
teachers, administrators, parents, school safety personnel, collective
bargaining units that represent teachers, school-related professional,
and the principals, and other school personnel and shall be approved by
the board of education or trustees, other governing body, or by the
chancellor of the New York City school district. The code of conduct
shall define violations of the code of conduct and set clear expecta-
tions for student conduct on school property, including at school func-
tions. The section prescribes specific standards for such codes of
conduct, including but not limited to defining violations and setting
expectations for student conduct, requiring disciplinary measures be
age-appropriate, and limiting the types of misconduct that suspensions
can be used for.
Section 3 amends Section 17 of chapter 123 of the laws of 2003 by allow-
ing provisions in Section 2801 of the Education Law to sunset when this
bill becomes law.
Section 4 amends Section 3214 of the Education Law to create alternative
learning spaces during removal or suspension, to require written notice
to the student of misconduct and provide for a process for appeal, to
require the principal or their designee to create an education plan for
a suspended student for each class in which the student is enrolled, to
establish that a suspended student shall have the opportunity to earn
all academic credit including the opportunity to complete any missed
assignments or take any missed examinations or assessments during the
student's removal, to establish provisions governing suspensions related
to firearms, in addition to other provisions concerning procedures for
suspensions and the rights and responsibilities of students, teachers,
and administrators throughout the process.
Section 5 amends subdivision (a) of section 8 of chapter 430 of the laws
of 2006 by allowing provisions in Section 3214 of the Education Law to
sunset when this bill becomes law.
Section 6 amends section 22 of chapter 352 of the laws of 2005 by allow-
ing provisions in Section 3214 of the Education Law to sunset when this
bill becomes law.
Section 7 amends subdivision d of section 27 of chapter 378 of the laws
of 2007 by allowing provisions in Section 3214 of the Education Law to
sunset when this bill becomes law.
Section 8 provides that this bill takes effect July 1, 2026.
 
JUSTIFICATION:
Current law controlling school discipline has been shown to have a
disproportionately negative effect on students of color, students with
disabilities, and students who identify as LGBTQ+. During the 2016-2017
school year, Black students in New York public schools outside of New
York City were suspended at four times the rate of their White peers. In
New York City public schools, Black students were suspended at five
times the rates of their White peers. Students with disabilities repre-
sent 18.7% of all students, but account for 38.6% of all suspensions.
Across the State, the racial disparities in school disciplinary actions
are widespread and persistent. In Westchester County, Black students are
11% of all students, but 40% of all students are suspended at least
once. In Suffolk County, Black students are 8% of all students enrolled,
but 24% of all students suspended. In Erie County, Black students are 5%
of all students but 21% of all suspensions. Black girls across New York
State face the harshest racial disparities in school discipline. In
public schools outside of New York City, Black girls in middle school
and elementary schools are nearly eight times more likely to be
suspended from school than their White peers. In New Yor k City high
schools, Black girls are six times more likely to be suspended from
school. Research shows exclusionary discipline such as suspensions and
expulsions are ineffective and have long lasting impacts on student's
academic futures and lives. One suspension in high school has been
linked to students being twice as likely to drop out of school; and
exclusionary discipline has been linked to students more likely to be
held back a grade, lose critical instruction time, drop out before grad-
uation, and to come into contact with the juvenile justice system and
the criminal justice system later in life. In 2014, the Department of
Justice (DOJ) and Department of Education (DOE) released School Disci-
pline Guidance recommending school districts to move away from harsh and
ineffective school discipline policies causing disparate impacts in
school discipline outcome and to adopt fair, age appropriate, graduated,
and positive alternatives to classroom removals, suspensions and expul-
sions.
In 2018, the New York State Board of Regents adopted these recommenda-
tions. Across the State, the racial disparities in school disciplinary
actions are widespread and persistent. In New York State, students lose
686,686 days of school a year due to suspensions. Black students in New
York State, per every 100, are forced out of school for more days than
Black students attending public schools in New Jersey, Pennsylvania,
Connecticut, Alabama, Mississippi, California, and Texas. There is near-
ly a 19-point percent-age gap in the graduation rate between Black
students and their White peers in New York State. Students must be in
class receiving instruction in order to close that gap. The joint Guid-
ance in 2014, from the DOJ and DOE included the recommendation guidance
that recommends school districts "explicitly reserve the use of out-of-
school suspensions, expulsions, and alternative placements for the most
egregious disciplinary. Infractions that threaten school safety and when
mandated by federal or state law." This bill will create fair and equi-
table school discipline policies and practices, and reduce the troubling
racial disparities by eliminating suspensions for minor infractions
(late to class, skipping class, dress code violations) in all grades,
limiting longterm suspensions, and prohibiting suspensions for students
in preK-3rd grades with limited exceptions.
 
LEGISLATIVE HISTORY:
2023-2024: S.1040-B - Referred to Education/A.5691=A - Referred to
Education
2021-2022: S.7198 - Referred to Education/A.5197 - Referred to Education
2019-2020: S.767-B - Referred to Education/A.1981-B - Referred to Ways
and Means
2017-2018: S3036-A - Referred to Education/A.3873-A - Advanced to 3rd
Reading Cal. 864  
STATE AND LOCAL FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however that sections
two and four of this act shall take effect July 1, 2026.