senate Bill S1516A

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:
A7244
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, S921
2009-2010: S582, S582

Sponsor Memo

BILL NUMBER:S1516A

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, the Faculty/Student Safety Act, 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: Paragraph c of subdivision 3 of section 3214 of
the education law is amended by adding a new subparagraph 3 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 if the suspension was the result of the pupil
being physically violent, a sexual assault, or a weapons possession or
use on school grounds.

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 student sand faculty 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: Similar to 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--A
    Cal. No. 79

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. MARCELLINO, AVELLA -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Education  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

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.  This  act  shall  be  known  and  may  be  cited  as  the
"Faculty/Student Safety Act."
  S 2. Paragraph c of subdivision 3 of section 3214 of the education law
is amended by adding a new subparagraph 3 to read as follows:
  (3)  WHERE  A  PUPIL  HAS BEEN SUSPENDED, AFTER A HEARING, BY A SUPER-
INTENDENT OF SCHOOLS, DISTRICT SUPERINTENDENT OF SCHOOLS,  OR  COMMUNITY
SUPERINTENDENT OF SCHOOLS, PURSUANT TO SUBPARAGRAPH ONE OF THIS SUBDIVI-
SION,  FOR  A  PERIOD  THAT  IS  EQUAL  TO OR EXCEEDS THE PERIOD OF TIME
REMAINING IN THE CURRENT SCHOOL YEAR, AND SUCH STUDENT SEEKS  ENROLLMENT
IN A RECEIVING SCHOOL, THE BOARD OF EDUCATION, BOARD OF TRUSTEES OR SOLE
TRUSTEE,  SUPERINTENDENT  OF SCHOOLS, DISTRICT SUPERINTENDENT OF SCHOOLS
OR THE PRINCIPAL OF SUCH  RECEIVING  SCHOOL  SHALL  HAVE  THE  POWER  TO
CONTINUE OR DISCONTINUE SUCH SUSPENSION IF THE SUSPENSION WAS THE RESULT
OF  THE  PUPIL  BEING  PHYSICALLY  VIOLENT, A SEXUAL ASSAULT, OR WEAPONS
POSSESSION OR USE ON SCHOOL GROUNDS.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03252-02-3

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