Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to education |
Jul 16, 2009 |
committed to rules |
Jun 04, 2009 |
advanced to third reading |
Jun 03, 2009 |
2nd report cal. |
Jun 02, 2009 |
1st report cal.606 |
May 12, 2009 |
referred to education |
Senate Bill S5492
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Education Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S5492 (ACTIVE) - Details
- Current Committee:
- Senate Education
- Law Section:
- Education Law
- Laws Affected:
- Amd §3214, Ed L
- Versions Introduced in 2011-2012 Legislative Session:
-
S1585
2009-S5492 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5492 TITLE OF BILL : An act to amend the education law, in relation to involuntary transfer of violent or disruptive pupils PURPOSE : To permit the transfer of a disruptive or violent student for disciplinary reasons. SUMMARY OF PROVISIONS : Section one authorizes the board of education, board of trustees, the superintendent of schools, district superintendent of schools or principal of a school to involuntary transfer disruptive or violent students from their current classroom setting to a more appropriate educational setting in another school. Section two provides that a transferred student and the person in parental relation to such student must have an opportunity for a fair hearing. Section three clarifies that involuntary transfer for purposes of disciplining a student is excluded from the definition of involuntary transfer pursuant to Section 3214(5)(a). EXISTING LAW : Current law provides for the involuntary transfer of student only when such transfer would benefit the student. Involuntary transfer can not be used as a disciplinary measure.
2009-S5492 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5492 2009-2010 Regular Sessions I N S E N A T E May 12, 2009 ___________ Introduced by Sen. OPPENHEIMER -- 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 involuntary transfer of violent or disruptive pupils THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The subdivision heading and paragraph a of subdivision 3 of section 3214 of the education law, as amended by chapter 181 of the laws of 2000, are amended to read as follows: [Suspension] DISCIPLINE of a pupil. a. The board of education, board of trustees or sole trustee, the superintendent of schools, district superintendent of schools or principal of a school may suspend the following pupils from required attendance upon instruction AND/OR TRANS- FER THE FOLLOWING PUPILS FROM THEIR CURRENT CLASSROOM SETTING TO A MORE APPROPRIATE EDUCATIONAL SETTING IN ANOTHER SCHOOL: A pupil who is insubordinate or disorderly or violent or disruptive, or whose conduct otherwise endangers the safety, morals, health or welfare of others. S 2. 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 AND/OR TRANSFERRED 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 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 AND/OR TRANSFERRED in accordance with this subparagraph by a superintendent of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11831-01-9
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