Authorizes school districts to enforce and continue in effect the suspension of a pupil ordered by the school district that the pupil previously attended.
Ayes (52): Adams, Addabbo, Avella, Ball, Bonacic, Boyle, Breslin, Carlucci, DeFrancisco, Farley, Felder, Flanagan, Fuschillo, Gallivan, Gianaris, Gipson, Golden, Griffo, Grisanti, Hannon, Kennedy, Klein, Krueger, Lanza, Larkin, Latimer, LaValle, Libous, Little, Marcellino, Marchione, Martins, Maziarz, Nozzolio, O'Brien, O'Mara, Peralta, Ranzenhofer, Robach, Sampson, Sanders, Savino, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Tkaczyk, Valesky, Young, Zeldin
Nays (9): Dilan, Espaillat, Hassell-Thomps, Hoylman, Montgomery, Parker, Perkins, Rivera, Serrano
Excused (2): Diaz, Ritchie
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, the Faculty/Student Safety Act, 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: Paragraph c of subdivision 3 of section 3214 of the education law is amended by adding a new subparagraph 3 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 if the suspension was the result of the pupil being physically violent, a sexual assault, or a weapons possession or use on school grounds.
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 student sand faculty 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: Similar to 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.
STATE OF NEW YORK ________________________________________________________________________ 1516--A Cal. No. 79 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sens. MARCELLINO, AVELLA -- read twice and ordered print- ed, and when printed to be committed to the Committee on Education -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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. This act shall be known and may be cited as the "Faculty/Student Safety Act." S 2. Paragraph c of subdivision 3 of section 3214 of the education law is amended by adding a new subparagraph 3 to read as follows: (3) WHERE A PUPIL HAS BEEN SUSPENDED, AFTER A HEARING, BY A SUPER- INTENDENT OF SCHOOLS, DISTRICT SUPERINTENDENT OF SCHOOLS, OR COMMUNITY SUPERINTENDENT OF SCHOOLS, PURSUANT TO SUBPARAGRAPH ONE OF THIS SUBDIVI- SION, FOR A PERIOD THAT IS EQUAL TO OR EXCEEDS THE PERIOD OF TIME REMAINING IN THE CURRENT SCHOOL YEAR, AND SUCH STUDENT SEEKS ENROLLMENT IN A RECEIVING SCHOOL, THE BOARD OF EDUCATION, BOARD OF TRUSTEES OR SOLE TRUSTEE, SUPERINTENDENT OF SCHOOLS, DISTRICT SUPERINTENDENT OF SCHOOLS OR THE PRINCIPAL OF SUCH RECEIVING SCHOOL SHALL HAVE THE POWER TO CONTINUE OR DISCONTINUE SUCH SUSPENSION IF THE SUSPENSION WAS THE RESULT OF THE PUPIL BEING PHYSICALLY VIOLENT, A SEXUAL ASSAULT, OR WEAPONS POSSESSION OR USE ON SCHOOL GROUNDS. S 3. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03252-02-3