N.Y. Education Law § 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, 2027

* (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, 2027

(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, 2027

* 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, 2027

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.