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.