This bill has been amended

Bill 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

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

Details

Actions

  • 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

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

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 1516 2013-2014 Regular Sessions IN 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.

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