senate Bill S1516

Amended

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

  • 09 / Jan / 2013
    • REFERRED TO EDUCATION
  • 12 / Feb / 2013
    • 1ST REPORT CAL.79
  • 27 / Feb / 2013
    • 2ND REPORT CAL.
  • 28 / Feb / 2013
    • ADVANCED TO THIRD READING
  • 24 / Apr / 2013
    • AMENDED ON THIRD READING 1516A
  • 29 / May / 2013
    • PASSED SENATE
  • 29 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 29 / May / 2013
    • REFERRED TO EDUCATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO EDUCATION
  • 27 / Feb / 2014
    • 1ST REPORT CAL.190
  • 03 / Mar / 2014
    • 2ND REPORT CAL.
  • 04 / Mar / 2014
    • ADVANCED TO THIRD READING
  • 17 / Mar / 2014
    • PASSED SENATE
  • 17 / Mar / 2014
    • DELIVERED TO ASSEMBLY
  • 18 / Mar / 2014
    • 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:
A2730
Versions:
S1516
S1516A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd ยง3214, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S921, A4383
2009-2010: S582, A7669
2007-2008: A10479

Votes

16
1
16
Aye
1
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Education committee vote details

Sponsor Memo

BILL NUMBER:S1516

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.
S.921 of 2011/12 (Passed Senate).

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
________________________________________________________________________

                                  1516

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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.
                                                           LBD03252-01-3

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