senate Bill S346

Amended

Relates to authorizing school districts to establish policies prohibiting the wearing of gang-related apparel, markings or symbols

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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
  • 14 / Jan / 2014
    • AMEND AND RECOMMIT TO EDUCATION
  • 14 / Jan / 2014
    • PRINT NUMBER 346A

Summary

Authorizes school districts to establish policies prohibiting the wearing of gang-related apparel, markings or symbols.

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Bill Details

Versions:
S346
S346A
Legislative Cycle:
2013-2014
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd ยง305, Ed L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S305A
2009-2010: S2214

Sponsor Memo

BILL NUMBER:S346

TITLE OF BILL:
An act
to amend the education law, in relation to authorizing school districts
to establish policies prohibiting the wearing of gang-related apparel,
markings or symbols

PURPOSE OR GENERAL IDEA OF BILL:
This bill would authorize school districts to disallow the wearing of
gang related apparel, marking or symbols.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends subdivision 305 of the Education Law. Adds a new
subdivision 43.
Authorizes the Commissioner to allow the board of any school district
to establish a policy that prohibits students from wearing
gang-related apparel, marking or symbols on school grounds.

Section 2. Severability

Section 3. Effective Date

EXISTING LAW:
None.

JUSTIFICATION:
Children learn best if they feel safe in their learning communities.
This legislation would authorize school districts to create such an
environment by disallowing symbols and/or apparel generally
associated with gang membership.

PRIOR LEGISLATIVE HISTORY:
2012: S.305-A Amend and Recommit to Education
2011: S.305 - Defeated in Education
2009-10: S.2214 - Referred to Education/A.304 - Enacting
Clause Stricken
2007-08: S.1637 - Referred to Education/A.1627 -
Referred to Education
2006: S.6758 - Referred to Education/A.10124 -
Held for Consideration in Education

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become
law.

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

                                   346

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  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  authorizing  school
  districts to establish policies prohibiting the wearing of gang-relat-
  ed apparel, markings or symbols

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

  Section 1. Section 305 of the education law is amended by adding a new
subdivision 43 to read as follows:
  43. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO DEVELOP  RULES  AND
REGULATIONS  AUTHORIZING  THE  BOARD  OF  ANY SCHOOL DISTRICT TO ADOPT A
POLICY THAT PROHIBITS STUDENTS FROM WEARING GANG-RELATED APPAREL,  MARK-
INGS  OR SYMBOLS IF THE BOARD OF THE SCHOOL DISTRICT DETERMINES THAT THE
POLICY IS NECESSARY FOR THE HEALTH AND SAFETY, OR SECURITY OF THE SCHOOL
ENVIRONMENT. FOR THE PURPOSE OF THIS SUBDIVISION, GANG-RELATED  APPAREL,
MARKINGS  AND  SYMBOLS SHALL INCLUDE, BUT NOT NECESSARILY BE LIMITED TO,
CLOTHING THAT CONTAINS  A  NAME  OR  IDENTIFYING  SIGN,  A  SYMBOL  THAT
PROMOTES  A  CRIMINAL STREET GANG, OR A TATTOO OR OTHER PHYSICAL MARKING
THAT IS NOT COVERED WITH CLOTHING, OR STYLE OF  DRESS  THAT  PROMOTES  A
CRIMINAL  STREET  GANG.  SUCH  SCHOOL  DISTRICT POLICY MAY AUTHORIZE THE
SCHOOL  DISTRICT  SUPERINTENDENT  TO  MANDATE  COUNSELING  OR  COMMUNITY
SERVICE,  OR  BOTH,  IN  ORDER  TO  CONTINUE  ATTENDANCE  IN  THE SCHOOL
DISTRICT, PROVIDED THAT SUCH POLICY CONTAINS A PROCEDURE  THAT  COMPLIES
WITH  DUE  PROCESS REQUIREMENTS REGARDING STUDENT SUSPENSION PROVIDED IN
SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER.
  S 2. Severability. If any provision of this act,  or  the  application
thereof to any person or circumstance, shall be adjudged by any court of
competent  jurisdiction to be invalid or unconstitutional, such judgment
shall not affect, impair or invalidate the remainder thereof, but  shall
be  confined  in  its  operation to the provision of this act, or in its

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00545-01-3

S. 346                              2

application to the person or  circumstance,  directly  involved  in  the
controversy in which such judgment shall have been rendered.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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