Senate Bill S4943

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2017-S4943 (ACTIVE) - Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §305, Ed L
Versions Introduced in Other Legislative Sessions:
2009-2010: S2214
2011-2012: S305
2013-2014: S346
2015-2016: S135

2017-S4943 (ACTIVE) - Summary

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

2017-S4943 (ACTIVE) - Sponsor Memo

2017-S4943 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4943
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 Introduced  by  Sens.  DIAZ, HAMILTON -- 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 56 to read as follows:
   56. 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.
   § 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.
                                                            LBD07141-01-7

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