Bill S1585-2011

Relates to involuntary transfer of violent or disruptive pupils

Permits involuntary transfer of violent or disruptive pupils to another school.

Details

Actions

  • Jan 4, 2012: REFERRED TO EDUCATION
  • Jan 10, 2011: REFERRED TO EDUCATION

Memo

BILL NUMBER:S1585

TITLE OF BILL: An act to amend the workers' compensation law, in relation to chronic care for injured workers

PURPOSE: This legislation allows the workers compensation board to allow for a monthly dollar allowance or treatment frequency for injured workers whose injuries are deemed to be long term or permanent.

SUMMARY OF SPECIFIC PROVISIONS: Section I of the bill allows injured workers whose injuries are deemed long term or permanent by the workers compensation board where no change is anticipated by continued care and all treatment options have been exhausted allows the board to approve a monthly dollar allowance or treatment frequency for the injured worker to continue to receive care within the specialty of their choice for the purpose of pain management and/or sustaining functional capacity. Further stipulates that if an injured worker chooses to exceed the treatment recommended, the injured worker shall have the option of signing a waiver and paying the provider privately for the amount that exceeds the recommendation.

Section 2 is the effective date.

JUSTIFICATION: This legislation allows the establishment of ongoing treatment protocols for chronic care injured workers, based on medical evidence that is presented for that patient. It allows injured workers to receive vital treatment necessary to maintain them and allow for the highest level of functioning achievable given the chronic nature of their injury. This legislation further controls costs for insurance as it allows the carrier to budget for the costs of care for chronically injured workers.

PRIOR LEGISLATIVE HISTORY: S. 7476 referred to Senate Rules Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 1585 2011-2012 Regular Sessions IN SENATE January 10, 2011 ___________
Introduced by Sen. OPPENHEIMER -- 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 involuntary transfer of violent or disruptive pupils THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The subdivision heading and paragraph a of subdivision 3 of section 3214 of the education law, as amended by chapter 181 of the laws of 2000, are amended to read as follows: [Suspension] DISCIPLINE of a pupil. a. The board of education, board of trustees or sole trustee, the superintendent of schools, district superintendent of schools or principal of a school may suspend the following pupils from required attendance upon instruction AND/OR TRANS- FER THE FOLLOWING PUPILS FROM THEIR CURRENT CLASSROOM SETTING TO A MORE APPROPRIATE EDUCATIONAL SETTING IN ANOTHER SCHOOL: A pupil who is insubordinate or disorderly or violent or disruptive, or whose conduct otherwise endangers the safety, morals, health or welfare of others. S 2. 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 AND/OR TRANSFERRED 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 AND/OR TRANSFERRED in accordance with this subparagraph by a superintendent of
schools, district superintendent of schools, or community superinten- dent, 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 proceed- ing 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 find- ings of fact and recommendations as to the appropriate measure of disci- pline to the superintendent. The report of the hearing officer shall be advisory only, and the superintendent may accept all or any part there- of. 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 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 3. 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 AND/OR TRANSFERRED 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 AND/OR TRANSFERRED in accordance with this subdivision 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 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. 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 appro- priate 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 superintendent of schools. Where the basis for the suspension is, in whole or in part, the possession on school grounds or school property 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. Paragraph a of subdivision 5 of section 3214 of the education law, as amended by chapter 181 of the laws of 2000, is amended to read as follows: a. The board of education, board of trustees or sole trustee, the superintendent of schools, or district superintendent of schools may transfer a pupil who has not been determined to be a student with a disability as defined in section forty-four hundred one of this chapter, or a student presumed to have a disability for discipline purposes as defined in paragraph g of subdivision three of this section from regular classroom instruction to an appropriate educational setting in another school upon the written recommendation of the school principal and following independent review thereof. For purposes of this section of the law, "involuntary transfer" does not include a transfer made by a school district as part of a plan to reduce racial imbalance within the schools [or as], a change in school attendance zones or geographical boundaries OR A TRANSFER AS A RESULT OF A DISCIPLINARY ACTION PURSUANT TO PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION. S 5. This act shall take effect on the first of September next succeeding the date on which it shall have become a law; provided, however, that the amendments made to subparagraph 1 of paragraph c of subdivision 3 of section 3214 of the education law by section two 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, when upon such date the provisions of section three of this act shall take effect.

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