Establishes guidelines for filing criminal complaints against students who commit crimes against other students on schools grounds.
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.
STATE OF NEW YORK ________________________________________________________________________ 517 2013-2014 Regular Sessions IN 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