senate Bill S921

Authorizes school districts to enforce and continue in effect the suspension of a pupil ordered by the school district that the pupil previously attended

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 05 / Jan / 2011
    • REFERRED TO EDUCATION
  • 08 / Mar / 2011
    • 1ST REPORT CAL.179
  • 09 / Mar / 2011
    • 2ND REPORT CAL.
  • 10 / Mar / 2011
    • ADVANCED TO THIRD READING
  • 12 / Apr / 2011
    • PASSED SENATE
  • 12 / Apr / 2011
    • DELIVERED TO ASSEMBLY
  • 12 / Apr / 2011
    • REFERRED TO EDUCATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO EDUCATION
  • 07 / Feb / 2012
    • 1ST REPORT CAL.189
  • 13 / Feb / 2012
    • 2ND REPORT CAL.
  • 14 / Feb / 2012
    • ADVANCED TO THIRD READING
  • 05 / Mar / 2012
    • PASSED SENATE
  • 05 / Mar / 2012
    • DELIVERED TO ASSEMBLY
  • 05 / Mar / 2012
    • REFERRED TO EDUCATION

Summary

Authorizes school districts to enforce and continue in effect the suspension of a pupil ordered by the school district that the pupil previously attended.

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Bill Details

See Assembly Version of this Bill:
A4383
Versions:
S921
Legislative Cycle:
2011-2012
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd ยง3214, Ed L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S582, A7669
2007-2008: A10479

Sponsor Memo

BILL NUMBER:S921

TITLE OF BILL:
An act
to amend the education law, in relation to the enforcement of the
suspension of pupils from school

PURPOSE:
This legislation authorizes school districts to enforce and
continue in effect the suspension of a pupil ordered by the school
district that the pupil previously attended.

SUMMARY OF PROVISIONS:
Subdivision 3 of section 3214 of the education
law is amended by adding a new paragraph b-1 to authorize school
districts to enforce and continue in effect the suspension of a pupil
ordered by the school district that the pupil previously attended.

Any upheld suspension must be enforced and continued in a manner
consistent with the original suspension and with applicable
provisions of section 3214 of the education law.

JUSTIFICATION:
There currently exists a loophole within the New York
State Education Law in the area of safety. Presently, school
districts do not have the right to honor a suspension issued by
another school district. A student who is under a superintendent
suspension or long-term suspension from another school district can
relocate and immediately enter the school district of his or her new
residence. This practice is used to find a way around the suspension
and potentially puts students in the new school at risk. Safety
concerns and the health and well being of the school population
necessitates this loophole be closed.

LEGISLATIVE HISTORY:
S.6939 of 2008 (Passed Senate)
S.582 of 2009-10

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   921

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sens. MARCELLINO, JOHNSON, RANZENHOFER -- 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 the enforcement of the
  suspension of pupils from school

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

  Section 1. Subdivision 3 of section  3214  of  the  education  law  is
amended by adding a new paragraph b-1 to read as follows:
  B-1. THE BOARD OF EDUCATION, BOARD OF TRUSTEES OR SOLE TRUSTEE, SUPER-
INTENDENT OF SCHOOLS, DISTRICT SUPERINTENDENT OF SCHOOLS AND THE PRINCI-
PAL  OF  THE  SCHOOL  WHERE  THE  PUPIL  ATTENDS SHALL HAVE THE POWER TO
ENFORCE, AND CONTINUE IN EFFECT A SUSPENSION PREVIOUSLY ORDERED  BY  THE
BOARD OF EDUCATION, BOARD OF TRUSTEES OR SOLE TRUSTEE, SUPERINTENDENT OF
SCHOOLS,  DISTRICT  SUPERINTENDENT OF SCHOOLS OR PRINCIPAL OF THE SCHOOL
DISTRICT SUCH PUPIL ATTENDED IMMEDIATELY PRECEDING HIS OR HER ATTENDANCE
AT SUCH SCHOOL WHERE THE PUPIL ATTENDS, PROVIDED THAT SUCH SUSPENSION IS
ENFORCED AND CONTINUED  IN  EFFECT  IN  A  MANNER  CONSISTENT  WITH  THE
ORIGINAL SUSPENSION AND WITH THE PROVISIONS OF THIS SUBDIVISION.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04099-01-1

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