Authorizes school districts to establish policies prohibiting the wearing of gang-related apparel, markings or symbols.

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S346-2013 Actions

• Jan 9, 2013: REFERRED TO EDUCATION

S346-2013 Memo

BILL NUMBER:S346

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.

S346-2013 Text

                      S T A T E   O F   N E W   Y O R K
  ________________________________________________________________________

                                     346

                         2013-2014 Regular Sessions

                              I N  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 its

   EXPLANATION--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.