Establishes guidelines for filing criminal complaints against students who commit crimes against other students on schools grounds.

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S517-2013 Actions

• Jan 9, 2013: REFERRED TO EDUCATION

S517-2013 Memo

BILL NUMBER:S517

TITLE OF BILL:
An act
to amend the education law, in relation to establishing guidelines for
filing complaints against students who commit crimes against other
students on school grounds

PURPOSE OR GENERAL IDEA OF BILL:
This bill would allow school
districts to create rules to allow schools to file criminal
complaints against students who commit crimes against other students
or engage in harassing, bullying, menacing or threatening behavior to
other students on school grounds both with the consent of the
victim's parents or guardians and/or without the consent of the
parents and or guardians.

JUSTIFICATION:
Most parents and members of communities believe that
schools should be places where children develop intellectually and
socially. The idea that school violence, in whatever form, interferes
with the orderly operation and safety of schools is anathema to the
public. Beyond concerns about physical injury to children, disruption
of the school environment interferes with others' learning and can
create a climate of fear in which children avoid school or engage in
behaviors to protect themselves. Over the last few sessions, we have
continually fought in the budget process to give resources to our
local schools to make sure students get a safe quality education.
Schools need the ability to provide a safe environment which is just
as important as the quality of the education. Order in the schools is
necessary. By giving the schools tools such as alternative learning
settings for disruptive students and now the ability to swear out a
criminal complaint against violent students, we can provide a good
environment for all other students.

PRIOR LEGISLATIVE HISTORY:
S.1704 of 2011
01/11/11 Referred to Education
01/04/12 Referred to Education

FISCAL IMPLICATIONS:
None to state.

EFFECTIVE DATE:
This act shall take effect on the one hundred
eightieth day after it shall become a law: provided, however that any
rule or regulation necessary for this implementation of this act on
its effective date shall be promulgated on or before such date.

S517-2013 Text

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

                                     517

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  Introduced  by  Sen. SAMPSON -- 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  establishing  guide-
    lines for filing complaints against students who commit crimes against
    other students on school grounds

    THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
  BLY, DO ENACT AS FOLLOWS:


    Section 1. The education law is amended by adding a new section 3028-e
  to read as follows:

    S 3028-E. GUIDELINES FOR  FILING  CRIMINAL  COMPLAINTS.  EVERY  SCHOOL
  DISTRICT  SHALL  ESTABLISH  AND  IMPLEMENT  GUIDELINES FOR THE FILING OF
  COMPLAINTS IN THE LOCAL  CRIMINAL  COURT  AGAINST  STUDENTS  WHO  COMMIT
  CRIMES AGAINST OTHER STUDENTS OR OTHERWISE ENGAGE IN HARASSING, MENACING
  OR  THREATENING  BEHAVIOR  TOWARDS  OTHER  STUDENTS  ON  SCHOOL GROUNDS,
  INCLUDING THE IMPLEMENTATION OF ANY POLICY, PRACTICE  OR  PROCEDURE  FOR
  WORKING  WITH  THE  PARENTS OR LEGAL GUARDIANS OF THE VICTIMIZED STUDENT
  WHETHER SUCH PARENTS OR GUARDIANS CONSENT  OR  DO  NOT  CONSENT  TO  THE
  FILING OF SUCH A COMPLAINT.
    S 2. This act shall take effect on the one hundred eightieth day after
  it  shall  have  become  a law. Effective immediately that any rules and
  regulations necessary for the timely implementation of this act  on  its
  effective date shall be promulgated on or before such date.



   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD02203-01-3