S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                  3735
                       2009-2010 Regular Sessions
                          I N  A S S E M B L Y
                            January 28, 2009
                               ___________
Introduced by M. of A. GIANARIS, LANCMAN, GALEF -- Multi-Sponsored by --
  M.  of A.  HYER-SPENCER, PEOPLES, PHEFFER -- read once and referred to
  the Committee on Education
AN ACT to amend the education  law,  in  relation  to  directing  school
  districts  and  boards of cooperative educational services to prohibit
  students from leaving the school campus in a motor vehicle during  the
  lunch period
  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section 1. Paragraphs l and m of subdivision 2 of section 2801 of  the
education  law, as added by chapter 181 of the laws of 2000, are amended
and a new paragraph n is added to read as follows:
  l. a minimum  suspension  period,  for  students  who  repeatedly  are
substantially  disruptive  of  the  educational process or substantially
interfere with the teacher's authority over the classroom, provided that
the suspending authority may reduce such period on a case by case  basis
to  be  consistent with any other state and federal law. For purposes of
this section, the definition of "repeatedly  are  substantially  disrup-
tive"  shall  be  determined  in  accordance with the regulations of the
commissioner; [and]
  m. a minimum suspension period for acts that would qualify  the  pupil
to  be defined as a violent pupil pursuant to paragraph a of subdivision
two-a of section thirty-two hundred fourteen of this  chapter,  provided
that  the  suspending authority may reduce such period on a case by case
basis to be consistent with any other state and federal law[.]; AND
  N. PROVISIONS PROHIBITING ANY STUDENT FROM LEAVING THE SCHOOL PROPERTY
IN A MOTOR VEHICLE, INCLUDING A SNOWMOBILE AND AN  ALL-TERRAIN  VEHICLE,
DURING  SUCH  STUDENT'S LUNCH PERIOD. SUCH PROVISIONS SHALL NOT APPLY TO
ANY STUDENT WHO LEAVES SCHOOL PROPERTY FOR A SCHOOL  FUNCTION,  ILLNESS,
INJURY  OR  UPON  REQUEST  OF  THE  PERSON  IN  PARENTAL RELATION TO THE
STUDENT, PROVIDED THAT SUCH A  REQUEST  SHALL  NOT  INCLUDE  A  PARENTAL
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05056-01-9
              
             
                          
                
A. 3735                             2
CONSENT  FOR  A STUDENT TO LEAVE SCHOOL PROPERTY DURING THE LUNCH PERIOD
SOLELY FOR THE PURPOSE OF LEAVING SUCH PROPERTY DURING SUCH PERIOD.
  S  2.  This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.