S T A T E   O F   N E W   Y O R K
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                                  4278

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 2, 2011
                               ___________

Introduced  by  M.  of  A.  P. RIVERA  -- Multi-Sponsored by -- M. of A.
  ZEBROWSKI -- read once and referred to the Committee on Education

AN ACT to amend the education law, in  relation  to  conduct  on  school
  property and at school-authorized activities

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

  Section 1. Section 2 of the education law is amended by adding  a  new
subdivision 20 to read as follows:
  20. SCHOOL-AUTHORIZED ACTIVITY.  THE TERM "SCHOOL-AUTHORIZED ACTIVITY"
MEANS  ANY ACTIVITY IN WHICH ATTENDANCE OR PARTICIPATION IS RELATED TO A
SCHOOL OR SCHOOL PROGRAM AND HAS BEEN AUTHORIZED BY THE BOARD OF  EDUCA-
TION,  THE BOARD OF TRUSTEES, A COMMON SCHOOL DISTRICT, A SUPERINTENDENT
OF SCHOOLS, A DISTRICT SUPERINTENDENT, A PRINCIPAL OR  THE  DESIGNEE  OF
ANY  SUCH PERSON, AND SHALL INCLUDE, BUT NOT BE LIMITED TO, SCHOOL FUNC-
TIONS, ATHLETIC EVENTS, FIELD TRIPS, PLAYGROUND ACTIVITIES, AND  SCHOOL-
SPONSORED  EXTRA-CURRICULAR  EVENTS  OR  ACTIVITIES,  PROVIDED  THAT FOR
PURPOSES OF REPORTING CRIME ALLEGED TO HAVE OCCURRED  DURING  SCHOOL-AU-
THORIZED  ACTIVITY, SUCH REPORTS SHALL BE MADE TO THE LOCAL LAW ENFORCE-
MENT AGENCY OR PRECINCT WHICH HAS JURISDICTION OF THE LOCATION WHERE THE
CRIME IS ALLEGED TO HAVE OCCURRED, IF DIFFERENT FROM THE JURISDICTION OR
PRECINCT IN WHICH THE SCHOOL ITSELF IS PHYSICALLY LOCATED.
  S 2. The opening paragraph and paragraphs a, c and h of subdivision  2
of  section  2801  of the education law, the opening paragraph and para-
graphs a and c as amended by chapter 380 of the laws of 2001, and  para-
graph h as added by chapter 181 of the laws of 2000, are amended to read
as follows:
  The  board  of education or the trustees, as defined in section two of
this chapter,  of  every  school  district  within  the  state,  however
created,  and every board of cooperative educational services and county
vocational extension board, shall adopt and  amend,  as  appropriate,  a
code of conduct for the maintenance of order on school property, includ-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00132-02-1
              

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ing  a school function OR SCHOOL-AUTHORIZED ACTIVITY, which shall govern
the conduct of students, teachers and other school personnel as well  as
visitors  and shall provide for the enforcement thereof. Such policy may
be  adopted  by  the  school  board  or trustees only after at least one
public hearing that provides for the participation of school  personnel,
parents, students and any other interested parties. Such code of conduct
shall include, at a minimum:
  a. provisions regarding conduct, dress and language deemed appropriate
and  acceptable  on  school  property,  including  a  school function OR
SCHOOL-AUTHORIZED ACTIVITY, and conduct, dress and language deemed unac-
ceptable and inappropriate on school property, including a school  func-
tion  OR SCHOOL-AUTHORIZED ACTIVITY, and provisions regarding acceptable
civil and respectful treatment of teachers, school administrators, other
school personnel, students and visitors on school property, including  a
school function OR SCHOOL-AUTHORIZED ACTIVITY, including the appropriate
range  of  disciplinary  measures  which may be imposed for violation of
such code, and the  roles  of  teachers,  administrators,  other  school
personnel, the board of education and parents;
  c. provisions for the removal from the classroom and from school prop-
erty,  including  a  school  function  OR SCHOOL-AUTHORIZED ACTIVITY, of
students and other persons who violate the code;
  h. provisions setting forth the procedures by which local law enforce-
ment agencies OR PRECINCTS IN THE JURISDICTIONS  WHERE  CODE  VIOLATIONS
OCCUR shall be notified of code violations which constitute a crime;
  S  3.  Paragraph a of subdivision 2-a of section 3214 of the education
law, as added by chapter 181 of the laws of 2000, is amended to read  as
follows:
  a. Violent pupil. For the purposes of this section, a violent pupil is
an elementary or secondary student under twenty-one years of age who:
  (1)  commits an act of violence upon a teacher, administrator or other
school employee;
  (2) commits, while on school district property OR WHILE  PARTICIPATING
IN A SCHOOL-AUTHORIZED ACTIVITY, an act of violence upon another student
or any other person lawfully upon said property;
  (3)  possesses, while on school district property OR WHILE PARTICIPAT-
ING IN A SCHOOL-AUTHORIZED ACTIVITY, a gun, knife, explosive or incendi-
ary bomb, or other dangerous  instrument  capable  of  causing  physical
injury or death;
  (4) displays, while on school district property OR WHILE PARTICIPATING
IN  A  SCHOOL-AUTHORIZED  ACTIVITY,  what  appears  to  be a gun, knife,
explosive or incendiary bomb or other dangerous  instrument  capable  of
causing death or physical injury;
  (5)  threatens, while on school district property OR WHILE PARTICIPAT-
ING IN A SCHOOL-AUTHORIZED ACTIVITY, to use any instrument that  appears
capable of causing physical injury or death;
  (6) knowingly and intentionally damages or destroys the personal prop-
erty  of a teacher, administrator, other school district employee or any
person lawfully upon school district property OR WHILE PARTICIPATING  IN
A SCHOOL-AUTHORIZED ACTIVITY; or
  (7)  knowingly  and  intentionally damages or destroys school district
property.
  S 4. 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 unless such pupil and the person in parental relation to such pupil

A. 4278                             3

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 in accordance with this subpara-
graph  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 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 proceeding 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 findings of fact and recommendations as
to the appropriate measure of  discipline  to  the  superintendent.  The
report  of  the  hearing  officer shall be advisory only, and the super-
intendent 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 OR WHILE PARTICIPAT-
ING IN A SCHOOL-AUTHORIZED ACTIVITY  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 recov-
ery  of such weapon, instrument or appliance was the result of an unlaw-
ful search or seizure.
  S 5. 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 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 in accordance with this subdivision 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 discretion, designate  a  hearing  officer  to
conduct the hearing. The hearing officer shall be authorized to adminis-
ter  oaths  and  to  issue  subpoenas in conjunction with the proceeding
before him. A record of the hearing shall be maintained, but  no  steno-
graphic  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 appropriate 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.

A. 4278                             4

The  board may adopt in whole or in part the decision of the superinten-
dent of schools. Where the basis for the suspension is, in whole  or  in
part,  the  possession  on school grounds [or], school property OR WHILE
PARTICIPATING  IN  A  SCHOOL-AUTHORIZED  ACTIVITY  by the student of any
firearm, rifle, shotgun, dagger, dangerous knife, dirk, razor,  stiletto
or  any  of the weapons, instruments or appliances specified in subdivi-
sion 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  proceed-
ing  that  the  recovery of such weapon, instrument or appliance was the
result of an unlawful search or seizure.
  S 6. Paragraph d of subdivision 3 of section  3214  of  the  education
law,  as  amended by chapter 181 of the laws of 2000, is amended to read
as follows:
  d. Consistent with  the  federal  gun-free  schools  act  of  nineteen
hundred  ninety-four,  any  public  school pupil who is determined under
this subdivision to have brought a weapon to school OR TO  A  SCHOOL-AU-
THORIZED  ACTIVITY  shall be suspended for a period of not less than one
calendar year and any nonpublic school pupil participating in a  program
operated by a public school district using funds from the elementary and
secondary education act of nineteen hundred sixty-five who is determined
under  this  subdivision  to have brought a weapon to a public school or
other premises used by the school district to provide such  programs  OR
SCHOOL-AUTHORIZED ACTIVITIES shall be suspended for a period of not less
than  one  calendar  year from participation in such program. The proce-
dures of this subdivision shall apply to such a suspension of a  nonpub-
lic  school  pupil. A superintendent of schools, district superintendent
of schools or community superintendent shall have the authority to modi-
fy this suspension requirement for each student on a case-by-case basis.
The determination of a superintendent shall be subject to review by  the
board  of  education pursuant to paragraph c of this subdivision and the
commissioner pursuant to section three  hundred  ten  of  this  chapter.
Nothing  in this subdivision shall be deemed to authorize the suspension
of a student with a disability in  violation  of  the  individuals  with
disabilities  education  act  or  article eighty-nine of this chapter. A
superintendent shall refer the pupil under the age of  sixteen  who  has
been  determined  to  have brought a weapon to school OR TO A SCHOOL-AU-
THORIZED ACTIVITY in violation of  this  subdivision  to  a  presentment
agency  for  a  juvenile  delinquency proceeding consistent with article
three of the family court act except a student fourteen or fifteen years
of age who qualifies for  juvenile  offender  status  under  subdivision
forty-two  of  section 1.20 of the criminal procedure law. A superinten-
dent shall refer any pupil sixteen years of age or older  or  a  student
fourteen  or  fifteen  years  of age who qualifies for juvenile offender
status under subdivision forty-two  of  section  1.20  of  the  criminal
procedure  law,  who  has  been  determined  to have brought a weapon to
school OR TO A SCHOOL-AUTHORIZED ACTIVITY in violation of this  subdivi-
sion to the appropriate law enforcement officials.
  S  7.  Section 3028-c of the education law, as added by chapter 181 of
the laws of 2000, is amended to read as follows:
  S 3028-c. Protection of school employees who report acts  of  violence
and  weapons  possession. Any school employee having reasonable cause to
suspect that a person has committed an act of violence while  in  or  on
school  property OR WHILE PARTICIPATING IN A SCHOOL-AUTHORIZED ACTIVITY,
or having reasonable cause to suspect that a person has committed an act

A. 4278                             5

of violence upon a student, school employee  or  volunteer  either  upon
school  grounds,  WHILE PARTICIPATING IN A SCHOOL-AUTHORIZED ACTIVITY or
elsewhere, or having reasonable cause  to  suspect  that  a  person  has
brought  a  gun,  knife,  bomb  or  other  instrument capable of or that
appears capable of causing death or physical injury upon school  grounds
OR WHILE PARTICIPATING IN A SCHOOL-AUTHORIZED ACTIVITY who in good faith
reports such information to school officials, to the commissioner, or to
law  enforcement authorities, shall have immunity from any civil liabil-
ity that may arise from  the  making  of  such  report,  and  no  school
district  or  school  district  employee  shall take, request or cause a
retaliatory action against any such employee who makes such report.
  S 8. This act shall take effect on the first of July  next  succeeding
the  date  on which it shall have become a law, provided that the amend-
ments to subparagraph 1 of paragraph c of subdivision 3 of section  3214
of the education law, made by section four 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, as amended, when upon such date
section five of this act shall take effect.