Authorizes school districts to establish policies prohibiting the wearing of gang-related apparel, markings or symbols.
TITLE OF BILL: An act to amend the education law, in relation to authorizing school districts to establish policies prohibiting the wearing of gang-related apparel, markings or symbols
PURPOSE OR GENERAL IDEA OF BILL: This bill would authorize school districts to disallow the wearing of gang related apparel, marking or symbols.
SUMMARY OF SPECIFIC PROVISIONS: Section 1. Amends subdivision 305 of the Education Law. Adds a new subdivision 43. Authorizes the Commissioner to allow the board of any school district to establish a policy that prohibits students from wearing gang-related apparel, marking or symbols on school grounds.
Section 2. Severability
Section 3. Effective Date
EXISTING LAW: None.
JUSTIFICATION: Children learn best if they feel safe in their learning communities. This legislation would authorize school districts to create such an environment by disallowing symbols and/or apparel generally associated with gang membership.
PRIOR LEGISLATIVE HISTORY: 2012: S.305-A Amend and Recommit to Education 2011: S.305 - Defeated in Education 2009-10: S.2214 - Referred to Education/A.304 - Enacting Clause Stricken 2007-08: S.1637 - Referred to Education/A.1627 Referred to Education 2006: S.6758 - Referred to Education/A.10124 Held for Consideration in Education
FISCAL IMPLICATIONS: To be determined.
EFFECTIVE DATE: This act shall take effect on the ninetieth day after it shall become law.
STATE OF NEW YORK ________________________________________________________________________ 346 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________Introduced by Sen. DIAZ -- 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 authorizing school districts to establish policies prohibiting the wearing of gang-relat- ed apparel, markings or symbols THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 305 of the education law is amended by adding a new subdivision 43 to read as follows: 43. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO DEVELOP RULES AND REGULATIONS AUTHORIZING THE BOARD OF ANY SCHOOL DISTRICT TO ADOPT A POLICY THAT PROHIBITS STUDENTS FROM WEARING GANG-RELATED APPAREL, MARK- INGS OR SYMBOLS IF THE BOARD OF THE SCHOOL DISTRICT DETERMINES THAT THE POLICY IS NECESSARY FOR THE HEALTH AND SAFETY, OR SECURITY OF THE SCHOOL ENVIRONMENT. FOR THE PURPOSE OF THIS SUBDIVISION, GANG-RELATED APPAREL, MARKINGS AND SYMBOLS SHALL INCLUDE, BUT NOT NECESSARILY BE LIMITED TO, CLOTHING THAT CONTAINS A NAME OR IDENTIFYING SIGN, A SYMBOL THAT PROMOTES A CRIMINAL STREET GANG, OR A TATTOO OR OTHER PHYSICAL MARKING THAT IS NOT COVERED WITH CLOTHING, OR STYLE OF DRESS THAT PROMOTES A CRIMINAL STREET GANG. SUCH SCHOOL DISTRICT POLICY MAY AUTHORIZE THE SCHOOL DISTRICT SUPERINTENDENT TO MANDATE COUNSELING OR COMMUNITY SERVICE, OR BOTH, IN ORDER TO CONTINUE ATTENDANCE IN THE SCHOOL DISTRICT, PROVIDED THAT SUCH POLICY CONTAINS A PROCEDURE THAT COMPLIES WITH DUE PROCESS REQUIREMENTS REGARDING STUDENT SUSPENSION PROVIDED IN SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER. S 2. Severability. If any provision of this act, or the application thereof to any person or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the provision of this act, or in itsEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00545-01-3 S. 346 2
application to the person or circumstance, directly involved in the controversy in which such judgment shall have been rendered. S 3. This act shall take effect on the ninetieth day after it shall have become a law.