S T A T E O F N E W Y O R K
________________________________________________________________________
1866
2009-2010 Regular Sessions
I N A S S E M B L Y
January 12, 2009
___________
Introduced by M. of A. NOLAN -- 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 property during the school day
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 SETTING FORTH SPECIFIC CIRCUMSTANCES UNDER WHICH
STUDENTS ARE LIMITED OR PROHIBITED FROM LEAVING SCHOOL PROPERTY DURING
THE SCHOOL DAY INCLUDING LUNCH AND OTHER FREE PERIODS. PROVIDED, HOWEV-
ER, THAT THE BOARD OF EDUCATION MAY REQUIRE, UNDER CIRCUMSTANCES IT
DEEMS APPROPRIATE, AUTHORIZATION FROM A PARENT OR THE PERSON IN PARENTAL
RELATION TO THE STUDENT PRIOR TO A STUDENT BEING PERMITTED TO LEAVE
SCHOOL PROPERTY DURING THE SCHOOL DAY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01400-01-9
A. 1866 2
S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.