S T A T E O F N E W Y O R K
________________________________________________________________________
3463
2009-2010 Regular Sessions
I N A S S E M B L Y
January 27, 2009
___________
Introduced by M. of A. PERRY -- Multi-Sponsored by -- M. of A. CLARK,
MENG, TOWNS -- read once and referred to the Committee on Education
AN ACT creating a task force on school discipline to review issues
related to suspension as a disciplinary tool, making an appropriation
therefor and providing for the repeal of such provisions upon expira-
tion thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature finds that the use of
suspensions is a common tool to discipline students; however, the
removal of students from the school environment may be counterproductive
in many instances. Suspensions may cause students to fall behind in
their classes and as a result further behavioral problems may arise.
Removing students from the classroom deters the student and his or her
problems for a short period of time, however, the actual behavioral
problem may not be addressed by suspension, and thus suspension may have
little impact on the actual problem, and alternative approaches may be
more effective. Proposals to ease regulations governing the suspension
of students may result in greater use of suspensions as a disciplinary
tool. The impact and effectiveness of suspensions along with alternative
methods demands greater scrutiny.
S 2. Task force on school suspension. The commissioner of education is
hereby directed to create a task force on school suspension. Such task
force shall examine, evaluate and make recommendations on the use and
impact of suspensions on elementary and secondary school students as a
disciplinary tool and shall determine the most common behaviors for
which students are suspended, the effect of such suspensions on the
student's learning, academic progress and future behavior; and the
effect of such suspension on the classroom from which such student was
removed.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01889-01-9
A. 3463 2
S 3. Methodology. The task force shall obtain information from
students and/or school districts from urban, suburban and rural areas.
The task force may employ quantitative and/or qualitative research meth-
ods, including but not limited to reviewing past and present policies
regarding student suspensions; interviewing teachers, students, parents,
administrators and other appropriate individuals; reviewing literature
pertinent to suspension and its effects on students, teachers, adminis-
trators, and parents. The task force shall protect the confidentiality
of all information. Neither the task force nor the education department
shall be authorized or required to release personally identifiable
information.
S 4. Public hearings. By April 1, 2011, the task force shall conduct a
minimum of four public hearings in areas representative of the geograph-
ic diversity of the state and shall solicit information from students,
parents, teachers, administrators, school support staff, community-based
organizations, local probation departments and individuals who possess
specialized knowledge in educational policy and behavior.
S 5. Composition. The task force shall consist of 15 members and shall
be chaired by the commissioner of education or his designee. Five
members shall be appointed by the commissioner of education; two members
shall be appointed upon the recommendation of the chancellor of the city
school district of New York; three members shall be appointed upon the
recommendation of the governor; two members shall be appointed upon the
recommendation of the speaker of the assembly; and two members shall be
appointed upon the recommendation of the temporary president of the
senate. The commissioner of education shall ensure that the task force
includes parents, teachers, administrators, and other appropriate indi-
viduals. The commissioner of education shall also ensure that the compo-
sition of the task force is representative of the diversity of public
school children in the state. The commissioner of education may invite
appropriate ad hoc representatives from other state and/or local agen-
cies to serve on the task force. Vacancies on the task force shall be
filled in the manner provided for original appointments.
S 6. The task force shall report its findings, conclusions and recom-
mendations to the governor, temporary president of the senate and the
speaker of the assembly by June 1, 2011, which findings shall include
information related to the effectiveness of suspensions and alternative
disciplinary measures, the most common behaviors for which students are
suspended, the effect of such suspensions on the student's learning,
academic progress and future behavior, and the effect of such suspension
on the classroom from which such student was removed.
S 7. The sum of twenty-five thousand dollars ($25,000), or so much
thereof as may be necessary, is hereby appropriated to the department of
education from any moneys in the state treasury in the general fund to
the credit of the state purposes account not otherwise appropriated, for
its expenses in carrying out the provisions of this act.
S 8. This act shall take effect immediately and shall remain in full
force and effect until June 1, 2011 when upon such date the provisions
of this act shall expire and be deemed repealed.