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BILL NUMBER:S1176

TITLE OF BILL: An act to amend the education law, in relation to requiring school district and board of cooperative educational services officials to report bias related offenses to law enforcement agencies

PURPOSE OR GENERAL IDEA OF BILL: This bill would amend the education law by adding a new section 3214a - to it. The act would require school districts and board of cooperative educational services officials to report bias related offenses to law enforcement agencies.

SUMMARY OF SPECIFIC PROVISIONS: Paragraph 1 of this bill states that upon the receipt of a complaint alleging a bias related crime committed on the property of a school district or board of cooperative educational services, a teacher, administrator, or any other employee of such school district or board of cooperative educational services shall immediately report the alleged commission of such bias related offense to a law enforcement agency having jurisdiction over such offense. The bill also mandates that each school district or board of cooperative educational services shall cooperate with any law enforcement agency investigating and prosecuting a bias related offense.

Paragraph 2 defines a "bias related offense" as: any offense, which if committed by an adult, would constitute a hate crime as defined in subdivision one of section 485.05 of the penal law.

Paragraph 3 directs the commissioner to promulgate and distribute to every school district and board of cooperative educational services such rules and regulations as shall be necessary to implement the provisions of this section and ensure compliance therewith.

JUSTIFICATION: In the past, school districts and board of cooperative educational services have used various-and at times arbitrary-standards and methods of dealing with complaints of bias related crimes. This legislation set up a standard process of dealing with such complaints. The bill does not prevent the school from investigating complaints of bias related crimes on its own and at the same time involves the appropriate application of law enforcement in such an important and sensitive matter.

This legislation is another step in maintaining our state's commitment to educating our children. The bill will help secure our schools and assist educators dealing with a very dangerous issue faced by schools throughout New York State.

PRIOR LEGISLATIVE HISTORY: 2009-10:  S.8199/A.4191 - Referred to Rules/Referred to Education 2007-08   A.4273 - Referred to Education 2005-06   A.11659 - Referred to Education

FISCAL IMPLICATIONS:

 None.

EFFECTIVE DATE: This act shall take effect immediately, except that subdivision 1 of section 3214-a of the education law, as added by section one of this act, shall take effect on the first of September next succeeding date on which it shall have become a law.

Text

STATE OF NEW YORK
________________________________________________________________________

1176

2011-2012 Regular Sessions

IN SENATE

January 5, 2011
___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the education  law,  in  relation  to  requiring  school
  district  and  board  of cooperative educational services officials to
  report bias related offenses to law enforcement agencies

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

  Section 1. The education law is amended by adding a new section 3214-a
to read as follows:
  S  3214-A.  REPORTS  OF  BIAS-RELATED OFFENSES. 1. NOTWITHSTANDING ANY
PROVISION OF THIS CHAPTER TO THE CONTRARY, UPON RECEIPT  BY  A  TEACHER,
ADMINISTRATOR OR OTHER EMPLOYEE OF A SCHOOL DISTRICT OR BOARD OF COOPER-
ATIVE  EDUCATIONAL SERVICES OF ANY REPORT OF THE ALLEGED COMMISSION OF A
BIAS RELATED OFFENSE COMMITTED UPON THE PROPERTY OF SUCH SCHOOL DISTRICT
OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, THE TEACHER, ADMINISTRATOR
OR OTHER EMPLOYEE SHALL IMMEDIATELY REPORT  THE  ALLEGED  COMMISSION  OF
SUCH  BIAS  RELATED OFFENSE TO A LAW ENFORCEMENT AGENCY HAVING JURISDIC-
TION OVER SUCH OFFENSE. EACH SCHOOL DISTRICT  OR  BOARD  OF  COOPERATIVE
EDUCATIONAL  SERVICES  SHALL  COOPERATE  WITH ANY LAW ENFORCEMENT AGENCY
INVESTIGATING AND PROSECUTING A BIAS RELATED OFFENSE.
  2. FOR THE PURPOSES OF THIS SECTION, "BIAS RELATED OFFENSE" SHALL MEAN
ANY OFFENSE, WHICH IF COMMITTED BY AN ADULT,  WOULD  CONSTITUTE  A  HATE
CRIME AS DEFINED IN SUBDIVISION ONE OF SECTION 485.05 OF THE PENAL LAW.
  3.  THE  COMMISSIONER  SHALL PROMULGATE AND DISTRIBUTE TO EVERY SCHOOL
DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES  SUCH  RULES  AND
REGULATIONS  AS  SHALL  BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
SECTION AND ENSURE COMPLIANCE THEREWITH.
  S 2. This act shall take effect immediately, except that subdivision 1
of section 3214-a of the education law, as added by section one of  this
act,  shall  take  effect  on the first of September next succeeding the
date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01727-01-1