S1516-2013 - NY Senate Open Legislation - Authorizes school districts to enforce and continue in effect the suspension of a pupil ordered by the school district that the pupil previously attended

Authorizes school districts to enforce and continue in effect the suspension of a pupil ordered by the school district that the pupil previously attended.

Sponsor: MARCELLINO / Co-sponsor(s): AVELLA
Law Section: Education Law / Law: Amd S3214, Ed L

S1516-2013 Actions

Apr 24, 2013: AMENDED ON THIRD READING 1516A
Feb 28, 2013: ADVANCED TO THIRD READING
Feb 27, 2013: 2ND REPORT CAL.
Feb 12, 2013: 1ST REPORT CAL.79
Jan 9, 2013: REFERRED TO EDUCATION

S1516-2013 Meetings

Education: Feb 12, 2013

S1516-2013 Calendars

S1516-2013 Votes

VOTE: COMMITTEE VOTE: - Education - Feb 12, 2013

Ayes (16): Flanagan, Farley, Lanza, LaValle, Little, Marcellino, Maziarz, Ranzenhofer, Robach, Seward, Smith, Valesky, Latimer, Addabbo, Avella, Breslin
Ayes W/R (2): Stavisky, Tkaczyk
Nays (1): Montgomery

S1516-2013 Memo

BILL NUMBER:S1516

TITLE OF BILL:
An act
to amend the education law, in relation to the enforcement of the
suspension of pupils from school

PURPOSE: This legislation authorizes school districts
to enforce and
continue in effect the suspension of a pupil ordered by the school
district that the pupil previously attended.

SUMMARY OF PROVISIONS: Subdivision 3 of section 3214
of the education
law is amended by adding a new paragraph b-1 to authorize school
districts to enforce and continue in effect the suspension of a pupil
ordered by the school district that the pupil previously attended.

Any upheld suspension must be enforced and continued in a manner
consistent with the original suspension and with applicable
provisions of section 3214 of the education law.

JUSTIFICATION: There currently exists a loophole
within the New York
State Education Law in the area of safety. Presently, school
districts do not have the right to honor a suspension issued by
another school district. A student who is under a superintendent
suspension or long-term suspension from another school district can
relocate and immediately enter the school district of his or her new
residence. This practice is used to find a way around the suspension
and potentially puts students in the new school at risk. Safety
concerns and the health and well being of the school population
necessitates this loophole be closed.

LEGISLATIVE HISTORY: S.6939 of 2008 (Passed Senate).
S.582 of 2009-10.
S.921 of 2011/12 (Passed Senate).

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

S1516-2013 Text

 S T A T E   O F   N E W   Y O R K
 
                                          1516
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen.  MARCELLINO  -- 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 the enforcement of the
 suspension of pupils from school
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.  Subdivision  3  of  section  3214 of the education law is
 amended by adding a new paragraph b-1 to read as follows:

 B-1. THE BOARD OF EDUCATION, BOARD OF TRUSTEES OR SOLE TRUSTEE, SUPER
 INTENDENT OF SCHOOLS, DISTRICT SUPERINTENDENT OF SCHOOLS AND THE PRINCI
 PAL OF THE SCHOOL WHERE THE  PUPIL  ATTENDS  SHALL  HAVE  THE  POWER  TO
 ENFORCE,  AND  CONTINUE IN EFFECT A SUSPENSION PREVIOUSLY ORDERED BY THE
 BOARD OF EDUCATION, BOARD OF TRUSTEES OR SOLE TRUSTEE, SUPERINTENDENT OF
 SCHOOLS, DISTRICT SUPERINTENDENT OF SCHOOLS OR PRINCIPAL OF  THE  SCHOOL
 DISTRICT SUCH PUPIL ATTENDED IMMEDIATELY PRECEDING HIS OR HER ATTENDANCE
 AT SUCH SCHOOL WHERE THE PUPIL ATTENDS, PROVIDED THAT SUCH SUSPENSION IS
 ENFORCED  AND  CONTINUED  IN  EFFECT  IN  A  MANNER  CONSISTENT WITH THE
 ORIGINAL SUSPENSION AND WITH THE PROVISIONS OF THIS SUBDIVISION.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD03252-01-3

S1516-2013: Authorizes school districts to enforce and continue in effect the suspension of a pupil ordered by the school district that the pupil previously attended