senate Bill S31

2009-2010 Legislative Session

Provides for the regulation of conduct on school property and at school-authorized activities

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to education
Jan 07, 2009 referred to education

S31 - Bill Details

See Assembly Version of this Bill:
A4576
Current Committee:
Law Section:
Education Law

S31 - Bill Texts

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BILL NUMBER: S31

TITLE OF BILL :
An act to amend the education law, in relation to conduct on school
property and at school-authorized activities


PURPOSE :
The purpose of this legislation is to amend "Project SAVE, Safe
Schools Against Violence in Education Act" (SAVE act) to expand the
provisions of the act to similarly promote a safer and more effective
learning environment for children who participate in school-authorized
functions.

SUMMARY OF PROVISIONS :
Section one would add a new subdivision 20 to Section 2 (Definitions
section) of the Education Law to define the term "school-authorized
activity" as any activity which is clearly connected to a school or
program and has been authorized by the board of education, the board
of trustees, a superintendent of schools, a district superintendent, a
principal or the designee of any such person, and shall include but
not be limited to, school functions, athletic events, field trips,
playground activities, and school-sponsored extracurricular events or
activities. Provided that for purposes of reporting crime alleged to
have occurred during school authorized activity, such reports shall be
made to the local law enforcement agency or precinct which has
jurisdiction of the location where the crime is alleged to have
occurred.

Section two would amend section 2801 of the education law to expand
the circumstances under which a school's code of conduct shall apply
to include a school-authorized activity.

Sections three, four, five, and six would amend section 3214 of the
education law which concerns student placement, suspensions and
transfers to include acts occurring while participating at a school
authorized activity. Current law addresses actions on school grounds
or school property.

Section seven would amend section 3028-c of the education law to
expand the immunity provision for any school employee who in good
faith reports an act of violence while participating in a
school-authorized activity as well as on school property or who
reports that a student possesses a certain instrument capable of
causing death or physical injury while participating at a
school-authorized activity as well as upon school grounds.

Section eight is an effective date section.

EXISTING LAW :
In 2000, the Governor and the Legislature enacted a comprehensive
plan, known as the "Safe Schools Against Violence in Education"
("Project SAVE") to address codes of conduct, requirements for
reporting incidents of violence on school grounds and in school
buildings.

The SAVE act currently addresses actions by students and school
personnel on school property or at school-sponsored extra- curricular
events or activities. This bill expands the SAVE act to promote a
safer and more effective learning environment for children who
participate in school-authorized functions. School-sponsored
extracurricular events or activities are included within the
definition of school-authorized activity. This legislation would
clarify existing law to clearly state that the provisions of the SAVE
act shall also apply to all school authorized activities as well as
those that are school-sponsored.
LEGISLATIVE HISTORY :
2007-2008 Passed the Senate (S.4307-B/A.7068-B)

2005 Passed Senate, 2006 Education Committee (S.3425/A9320)

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
This act would take effect on the first of July next succeeding the
date on which it shall have become a law with certain provisions for
the various sections amended.
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