S T A T E O F N E W Y O R K
________________________________________________________________________
1746
2009-2010 Regular Sessions
I N S E N A T E
February 5, 2009
___________
Introduced by Sens. STAVISKY, DIAZ, HUNTLEY, C. JOHNSON, KRUEGER -- read
twice and ordered printed, and when printed to be committed 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
S. 1746 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.