senate Bill S1396

Requires the notification in writing of discharge or transfer of minors from attendance upon instruction and the reporting of such data to the legislature

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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

  • 09 / Jan / 2013
    • REFERRED TO EDUCATION
  • 08 / Jan / 2014
    • REFERRED TO EDUCATION

Summary

Requires the notification in writing of discharge or transfer of minors from attendance upon instruction and the reporting of such data to the legislature; the notification shall include a breakdown of all discharges and dropout of students under 21, reasons therefor, demographics and racial breakdown of all discharged students, the number of students enrolled in GED programs, the number of special education students discharged, the number of English language learner students who have been discharged and what support services were offered before discharge.

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Bill Details

Versions:
S1396
Legislative Cycle:
2013-2014
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd ยง3211, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S997
2009-2010: S1291

Sponsor Memo

BILL NUMBER:S1396

TITLE OF BILL: An act to amend the education law, in relation to
notification of discharge from attendance upon instruction

PURPOSE: This legislation will enable the collection of more detailed
data of student discharges.

SUMMARY OF PROVISIONS:

Section 3211(4) is amended to require principals to give additional
information to the city or district school authorities of the
discharge or transfer of students. The information will contain a
clear breakdown of all discharges and dropouts for students age 21 and
under, the reasons they left the public school system, a demographic
and racial breakdown, the number enrolled in GED programs, the number
of ELL students and special education students that were discharged,
and what support or services were offered before discharge.

A new subdivision 5 is added to require that all school districts
submit this data to the State Education Department. The State
Education Department will provide a report to the legislature by
November 30 of each year.

EXISTING LAW:

Section 3211(4) requires principals of a school to give prompt
notification in writing to city or district school authorities of the
discharge or transfer of any minor from attendance upon instruction,
stating the date of discharge, its cause, the name of the minor,
his/her date of birth, his/her place of residence prior to and
following discharge and the name of the parent or guardian.

JUSTIFICATION: Recent studies have shown that an alarming number of
students are leaving schools without graduating. We must, when
considering the scale of the problem, consider all high school
students who enter school in the ninth grade and do not graduate
within four years. Statistics which are easily available from the
State Department of Education do not show all students who are
discharged. For this reason the scale of the problem remains unknown.

We want all students to be able to attain the standards the New York
State Regents have set. At-risk students and low performing students
need to be provided with the support and services necessary for them
to accomplish these goals. The alarming number of students being
discharged makes it clear that additional data needs to be gathered in
order to develop programs and solutions so that all of our children
are given every opportunity to graduate from high school.

LEGISLATIVE HISTORY:
2003-2004: S.4222 Died in Committee
2005-2006: S.1798 Died in Committee
2007-2008: S.4762 Died in Committee
2009-2010: S.1291 Died in Committee
2011-2012: S.997 Died in Committee


FISCAL IMPLICATIONS: Minimal.

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
________________________________________________________________________

                                  1396

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. MONTGOMERY, DIAZ, SAMPSON -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Educa-
  tion

AN  ACT  to  amend  the  education  law,  in relation to notification of
  discharge from attendance upon instruction

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

  Section  1.  Subdivision  4  of  section  3211 of the education law is
amended and a new subdivision 5 is added to read as follows:
  4. Duties of principal or person in charge of  the  instruction  of  a
minor.  The  principal  of  a  school,  or other person in charge of the
instruction upon which a minor attends, as provided by THIS part [one of
this article], shall cause the record of his OR  HER  attendance  to  be
kept  and  produced  and  all  appropriate inquiries in relation thereto
answered as hereinbefore required. He OR SHE shall give prompt notifica-
tion in writing to the school authorities of the city or district of the
discharge or transfer of any such minor from  attendance  upon  instruc-
tion,  stating  the  date  of  the discharge, its cause, the name of the
minor, his OR HER date of birth, his OR HER place of residence prior  to
and  following  discharge,  if such place of residence be known, and the
name of the person in parental relation to the minor, A CLEAR  BREAKDOWN
OF  ALL  DISCHARGES AND DROPOUTS FOR STUDENTS AGED TWENTY-ONE AND UNDER,
AND THE REASONS THEY ARE NO LONGER IN THE PUBLIC SCHOOL SYSTEM, A  DEMO-
GRAPHIC  AND  RACIAL BREAKDOWN OF ALL DISCHARGED STUDENTS, THE NUMBER OF
STUDENTS UNDER THE AGE OF TWENTY-ONE WHO ARE SEEKING OR ENROLLED IN  GED
PROGRAMS, THE NUMBER OF DISCHARGED STUDENTS AND THEIR EDUCATIONAL STATUS
PRIOR  TO BEING DISCHARGED, THE NUMBER OF ALL SPECIAL EDUCATION STUDENTS
WHO WERE DISCHARGED,  THE  NUMBER  OF  ENGLISH  LANGUAGE  LEARNER  (ELL)
STUDENTS  WHO  HAVE  BEEN  DISCHARGED, AND WHAT SUPPORT OR SERVICES WERE
OFFERED TO THE STUDENT BEFORE DISCHARGE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04308-01-3

S. 1396                             2

  5. COLLECTION OF DATA. ANY DATA COLLECTED SHALL BE  SUBMITTED  TO  THE
DEPARTMENT  WITHIN  NINETY  DAYS  OF  THE  END  OF EACH SCHOOL YEAR. THE
DEPARTMENT SHALL PROVIDE TO THE  LEGISLATURE  A  REPORT  COMPILING  SUCH
INFORMATION  AND  SUBMIT  TO THE CHAIR OF THE SENATE EDUCATION COMMITTEE
AND  THE CHAIR OF THE ASSEMBLY EDUCATION COMMITTEE ON OR BEFORE NOVEMBER
THIRTIETH OF EACH YEAR. THE DEPARTMENT SHALL ALSO PRODUCE GENERAL STATE-
WIDE DATA THAT SHALL BE AVAILABLE TO THE PUBLIC UPON REQUEST.
  S 2. This act shall take effect immediately.

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