New York Education Code § 3214

Student placement, suspensions and transfers
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§ 3214. Student placement, suspensions and transfers. 1. School\ndelinquent. A minor under seventeen years of age, required by any of the\nprovisions of part one of this article to attend upon instruction, who\nis an habitual truant from such instruction or is irregular in such\nattendance or insubordinate or disorderly or disruptive or violent\nduring such attendance, is a school delinquent.\n  2. Special day schools. The school authorities of any city or school\ndistrict may establish schools or set apart rooms in public school\nbuildings for the instruction of school delinquents, and fix the number\nof days per week and the hours per day of required attendance, which\nshall not be less than is required of minors attending the full time day\nschools.\n  2-a. a. Violent pupil. For the purposes of this section, a violent\npupil is an elementary or secondary student under twenty-one years of\nage who:\n  (1) commits an act of violence upon a teacher, administrator or other\nschool employee;\n  (2) commits, while on school district property, an act of violence\nupon another student or any other person lawfully upon said property;\n  (3) possesses, while on school district property, a gun, knife,\nexplosive or incendiary bomb, or other dangerous instrument capable of\ncausing physical injury or death;\n  (4) displays, while on school district property, what appears to be a\ngun, knife, explosive or incendiary bomb or other dangerous instrument\ncapable of causing death or physical injury;\n  (5) threatens, while on school district property, to use any\ninstrument that appears capable of causing physical injury or death;\n  (6) knowingly and intentionally damages or destroys the personal\nproperty of a teacher, administrator, other school district employee or\nany person lawfully upon school district property; or\n  (7) knowingly and intentionally damages or destroys school district\nproperty.\n  b. Disruptive pupil. For the purposes of this section, a disruptive\npupil is an elementary or secondary student under twenty-one years of\nage who is substantially disruptive of the educational process or\nsubstantially interferes with the teacher's authority over the\nclassroom.\n  3. Suspension of a pupil. a. The board of education, board of trustees\nor sole trustee, the superintendent of schools, district superintendent\nof schools or principal of a school may suspend the following pupils\nfrom required attendance upon instruction:\n  A pupil who is insubordinate or disorderly or violent or disruptive,\nor whose conduct otherwise endangers the safety, morals, health or\nwelfare of others.\n  b. (1) The board of education, board of trustees, or sole trustee,\nsuperintendent of schools, district superintendent of schools and the\nprincipal of the school where the pupil attends shall have the power to\nsuspend a pupil for a period not to exceed five school days. In the case\nof such a suspension, the suspending authority shall provide the pupil\nwith notice of the charged misconduct. If the pupil denies the\nmisconduct, the suspending authority shall provide an explanation of the\nbasis for the suspension. The pupil and the person in parental relation\nto the pupil shall, on request, be given an opportunity for an informal\nconference with the principal at which the pupil and/or person in\nparental relation shall be authorized to present the pupil's version of\nthe event and to ask questions of the complaining witnesses. The\naforesaid notice and opportunity for an informal conference shall take\nplace prior to suspension of the pupil unless the pupil's presence in\nthe school poses a continuing danger to persons or property or an\nongoing threat of disruption to the academic process, in which case the\npupil's notice and opportunity for an informal conference shall take\nplace as soon after the suspension as is reasonably practicable.\n  (2) A teacher shall immediately report and refer a violent pupil to\nthe principal or superintenden

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