A4662-2011 Actions

• Jun 13, 2012: held for consideration in education
• Jan 4, 2012: referred to education
• Feb 4, 2011: referred to education

A4662-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         4662
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 February 4, 2011
 
 Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
 Committee on Education
 

AN ACT to amend the education law and the  penal  law,  in  relation  to
 improving student safety at school functions
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1.

Section 2 of the education law is amended by adding two new
 subdivisions 20 and 21 to read as follows:

 20. SCHOOL PROPERTY. THE TERM "SCHOOL PROPERTY" MEANS IN OR WITHIN ANY
 BUILDING, STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND, PARKING LOT  OR
 LAND  CONTAINED  WITHIN  THE  REAL  PROPERTY  BOUNDARY  LINE OF A PUBLIC
 ELEMENTARY OR SECONDARY SCHOOL; OR IN OR ON A SCHOOL BUS, AS DEFINED  IN
 SECTION ONE HUNDRED FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW.
 21.  SCHOOL  FUNCTION. THE TERM "SCHOOL FUNCTION" MEANS A SCHOOL-SPON
 SORED EXTRA-CURRICULAR EVENT OR ACTIVITY, ON OR OFF SCHOOL PROPERTY.
 

S 2. Paragraph a of subdivision 2-a of section 3214 of  the  education
 law,  as added by chapter 181 of the laws of 2000, is amended to read as
 follows:

 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  OR  AT  A SCHOOL
 FUNCTION, an act of violence upon another student or  any  other  person
 lawfully upon said property;
 (3)  possesses, while on school district property OR AT A SCHOOL FUNC
 TION, 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 OR AT A SCHOOL FUNC
 TION, what appears to be a gun, knife, explosive or incendiary  bomb  or
 other dangerous instrument capable of causing death or physical injury;
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD09060-01-1
 
       A. 4662                             2
 (5)  threatens, while on school district property OR AT A SCHOOL FUNC
 TION, to use any instrument that appears  capable  of  causing  physical
 injury or death;
 (6) knowingly and intentionally damages or destroys the personal prop
 erty  of a teacher, administrator, other school district employee or any
 person lawfully upon school district property OR AT A  SCHOOL  FUNCTION;
 or
 (7)  knowingly  and  intentionally damages or destroys school district
 property.
 

S 3. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of
 the education law, as amended by chapter 430 of the  laws  of  2006,  is
 amended to read as follows:

 (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 subpara
 graph  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 super
 intendent 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 OR AT A SCHOOL FUNC
 TION 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.
 

S 4. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of
 the education law, as amended by chapter 380 of the  laws  of  2001,  is
 amended to read as follows:

 (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
 
       A. 4662                             3
 of schools, district superintendent of schools, or community superinten
 dent,  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 adminis
 ter  oaths  and  to  issue  subpoenas in conjunction with the proceeding
 before him. A record of the hearing shall be maintained, but  no  steno
 graphic  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 superinten
 dent of schools. Where the basis for the suspension is, in whole  or  in
 part,  the  possession  on  school grounds [or], school property OR AT A
 SCHOOL FUNCTION by the student of any firearm, rifle,  shotgun,  dagger,
 dangerous  knife,  dirk,  razor, stiletto or any of the weapons, instru
 ments 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 appli
 ance as evidence, notwithstanding a determination by a court in a crimi
 nal or juvenile delinquency proceeding that the recovery of such weapon,
 instrument or appliance was the result of an unlawful search or seizure.
 

S 5.

Section 3028-c of the education law, as added by chapter  181  of
 the laws of 2000, is amended to read as follows:

 

S  3028-c.  Protection of school employees who report acts of violence
 and weapons possession. Any school employee having reasonable  cause  to
 suspect  that  a  person has committed an act of violence while in or on
 school property OR AT A SCHOOL FUNCTION, or having reasonable  cause  to
 suspect  that  a person has committed an act of violence upon a student,
 school employee or volunteer either upon school  grounds,  AT  A  SCHOOL
 FUNCTION  or  elsewhere,  or  having  reasonable cause to suspect that a
 person has brought a gun, knife, bomb or other instrument capable of  or
 that  appears  capable  of  causing death or physical injury upon school
 grounds OR AT A SCHOOL FUNCTION who in good faith reports such  informa
 tion  to  school  officials,  to the commissioner, or to law enforcement
 authorities, shall have immunity from any civil liability that may arise
 from the making of  such  report,  and  no  school  district  or  school
 district  employee  shall  take,  request  or cause a retaliatory action
 against any such employee who makes such report.
 

S 6. Subdivision 10 of section 120.05 of the penal law,  as  added  by
 chapter 181 of the laws of 2000, is amended to read as follows:

 10.  Acting at a place the person knows, or reasonably should know, is
 on school grounds OR AT A SCHOOL FUNCTION and with intent to cause phys
 ical injury, he or she:

 (a) causes such injury to an employee of a  school  or  public  school
 district; or
 (b)  not  being  a  student  of such school or public school district,
 causes physical injury to another, and such other person is a student of
 such school who is attending or present for  educational  purposes.  For
 purposes  of  this  subdivision the term "school grounds" shall have the
 meaning set forth in subdivision fourteen  of  section  220.00  of  this
 [chapter] PART AND THE TERM "SCHOOL FUNCTION" SHALL HAVE THE MEANING SET
 FORTH IN SUBDIVISION TWENTY-ONE OF SECTION TWO OF THE EDUCATION LAW.
 
       A. 4662                             4
 

S 7. This act shall take effect on the first of November next succeed
 ing  the  date  on  which  it shall have become a law; provided that the
 amendments to subparagraph 1 of paragraph c of subdivision 3 of  section
 3214  of  the  education  law made by section three of this act shall be
 subject to the expiration and reversion of such subparagraph pursuant to
 section 8 of chapter 430 of the laws of 2006, as amended, when upon such
 date  the  provisions  of  section  four  of this act shall take effect.
 Provided further, however  that  effective  immediately,  the  addition,
 amendment  and/or  repeal  of  any  rule or regulation necessary for the
 implementation of this act on  its  effective  date  is  authorized  and
 directed to be made and completed on or before such effective date.

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