NY State Senate Bill 2009-S5492

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to education
Jul 16, 2009	committed to rules
Jun 04, 2009	advanced to third reading
Jun 03, 2009	2nd report cal.
Jun 02, 2009	1st report cal.606
May 12, 2009	referred to education

2009-S5492 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3214, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S1585

2009-S5492 (ACTIVE) - Summary

Permits involuntary transfer of violent or disruptive pupils to another school.

2009-S5492 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5492

 TITLE OF BILL :  An act to amend the education law, in relation to
involuntary transfer of violent or disruptive pupils

 PURPOSE :  To permit the transfer of a disruptive or violent student
for disciplinary reasons.

 SUMMARY OF PROVISIONS :  Section one authorizes the board of
education, board of trustees, the superintendent of schools, district
superintendent of schools or principal of a school to involuntary
transfer disruptive or violent students from their current classroom
setting to a more appropriate educational setting in another school.

Section two provides that a transferred student and the person in
parental relation to such student must have an opportunity for a fair
hearing.

Section three clarifies that involuntary transfer for purposes of
disciplining a student is excluded from the definition of involuntary
transfer pursuant to Section 3214(5)(a).

 EXISTING LAW :  Current law provides for the involuntary transfer of
student only when such transfer would benefit the student. Involuntary
transfer can not be used as a disciplinary measure.

 JUSTIFICATION :  As a result of the Safe Schools Against Violence in
Education Act (Chapter 181, L. 2000), schools are developing
alternative education methods and sites to deal with disruptive
students. Yet under existing law, disruptive and/or violent students
are only allowed to receive a series of suspensions; a situation that
is unhealthy for both the disruptive student and his/her classmates,

In Appeal of Lamar Reeves, Sr., Decision No. 13,857, the State
Education Commissioner interpreted Section 3214(5) of the Education
Law as authorizing the involuntary transfer of a student, who has not
been determined to have a handicapping condition, only when such
student would benefit from the transfer. Further, the Commissioner
specifies that "a transfer is not an authorized penalty in student
discipline cases under Education Law 3214."

This bill allows principals to transfer students to a more appropriate
educational setting in another school, thereby giving them an
alternative to suspending a student. As with suspension, a student to
be transferred for disciplinary reasons and the person in parental
relation to the student have the opportunity for a fair hearing.

 LEGISLATIVE HISTORY :
S.1093 (07-08), passed Senate
S.3678 (05-06), passed Senate
S.5324 ( 03-04), passed Senate

 FISCAL IMPLICATIONS : None

 EFFECTIVE  DATE :    This  act  shall  take  effect  on  the first of
September after it has become law.

2009-S5492 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5492

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 12, 2009
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- 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  involuntary  transfer
  of violent or disruptive pupils

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The subdivision heading and paragraph a of subdivision 3 of
section 3214 of the education law, as amended by chapter 181 of the laws
of 2000, are amended to read as follows:
  [Suspension] DISCIPLINE of a pupil. a. The board of  education,  board
of  trustees  or  sole  trustee, the superintendent of schools, district
superintendent of schools or principal  of  a  school  may  suspend  the
following pupils from required attendance upon instruction AND/OR TRANS-
FER  THE FOLLOWING PUPILS FROM THEIR CURRENT CLASSROOM SETTING TO A MORE
APPROPRIATE EDUCATIONAL SETTING IN ANOTHER SCHOOL:
  A pupil who is insubordinate or disorderly or violent  or  disruptive,
or  whose  conduct  otherwise  endangers  the  safety, morals, health or
welfare of others.
  S 2. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of
the education law, as amended by chapter 430 of the  laws  of  2006,  is
amended to read as follows:
  (1)  No  pupil  may be suspended for a period in excess of five school
days AND/OR TRANSFERRED unless such pupil and  the  person  in  parental
relation to such pupil shall have had an opportunity for a fair hearing,
upon  reasonable  notice,  at  which  such pupil shall have the right of
representation by counsel, with the right to question witnesses  against
such  pupil  and  to  present witnesses and other evidence on his or her
behalf. Where the pupil is a student with  a  disability  or  a  student
presumed  to  have  a  disability, the provisions of paragraph g of this
subdivision shall also apply. Where a pupil has  been  suspended  AND/OR
TRANSFERRED  in accordance with this subparagraph by a superintendent of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11831-01-9

S. 5492                             2

schools, district superintendent of schools,  or  community  superinten-
dent,  the  superintendent  shall  personally  hear  and  determine  the
proceeding or may, in his or her discretion, designate a hearing officer
to  conduct  the  hearing.  The  hearing  officer shall be authorized to
administer oaths and to issue subpoenas in conjunction with the proceed-
ing before him or her. A record of the hearing shall be maintained,  but
no  stenographic transcript shall be required and a tape recording shall
be deemed a satisfactory record.  The hearing officer shall  make  find-
ings of fact and recommendations as to the appropriate measure of disci-
pline  to the superintendent. The report of the hearing officer shall be
advisory only, and the superintendent may accept all or any part  there-
of.  An  appeal  will lie from the decision of the superintendent to the
board of education who shall make its decision solely  upon  the  record
before  it.  The board may adopt in whole or in part the decision of the
superintendent of schools.  Where the basis for the  suspension  is,  in
whole or in part, the possession on school grounds or school property by
the  student  of  any  firearm, rifle, shotgun, dagger, dangerous knife,
dirk, razor, stiletto or any of the weapons, instruments  or  appliances
specified  in  subdivision  one  of section 265.01 of the penal law, the
hearing officer or superintendent shall not be barred  from  considering
the  admissibility  of such weapon, instrument or appliance as evidence,
notwithstanding a determination by a court in  a  criminal  or  juvenile
delinquency  proceeding  that the recovery of such weapon, instrument or
appliance was the result of an unlawful search or seizure.
  S 3. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of
the education law, as amended by chapter 380 of the  laws  of  2001,  is
amended to read as follows:
  (1)  No  pupil  may be suspended for a period in excess of five school
days AND/OR TRANSFERRED unless such pupil and  the  person  in  parental
relation to such pupil shall have had an opportunity for a fair hearing,
upon  reasonable  notice,  at  which  such pupil shall have the right of
representation by counsel, with the right to question witnesses  against
such  pupil  and  to present witnesses and other evidence on his behalf.
Where a pupil has been suspended AND/OR TRANSFERRED in  accordance  with
this subdivision by a superintendent of schools, district superintendent
of  schools,  or  community  superintendent,  the  superintendent  shall
personally hear and determine the proceeding or may, in his  discretion,
designate  a hearing officer to conduct the hearing. The hearing officer
shall be authorized to  administer  oaths  and  to  issue  subpoenas  in
conjunction  with  the  proceeding  before  him. A record of the hearing
shall be maintained, but no stenographic transcript  shall  be  required
and  a tape recording shall be deemed a satisfactory record. The hearing
officer shall make findings of fact and recommendations as to the appro-
priate measure of discipline to the superintendent. The  report  of  the
hearing  officer  shall  be  advisory  only,  and the superintendent may
accept all or any part thereof. An appeal will lie from the decision  of
the superintendent to the board of education who shall make its decision
solely  upon  the  record  before it. The board may adopt in whole or in
part the decision of the superintendent of schools. Where the basis  for
the suspension is, in whole or in part, the possession on school grounds
or  school  property  by  the  student  of  any firearm, rifle, shotgun,
dagger, dangerous knife, dirk, razor, stiletto or any  of  the  weapons,
instruments or appliances specified in subdivision one of section 265.01
of  the  penal  law,  the hearing officer or superintendent shall not be
barred from considering the admissibility of such weapon, instrument  or
appliance  as  evidence, notwithstanding a determination by a court in a

S. 5492                             3

criminal or juvenile delinquency proceeding that the  recovery  of  such
weapon,  instrument or appliance was the result of an unlawful search or
seizure.
  S  4.  Paragraph  a  of subdivision 5 of section 3214 of the education
law, as amended by chapter 181 of the laws of 2000, is amended  to  read
as follows:
  a.  The  board  of  education,  board of trustees or sole trustee, the
superintendent of schools, or district  superintendent  of  schools  may
transfer  a  pupil  who  has  not been determined to be a student with a
disability as defined in section forty-four hundred one of this chapter,
or a student presumed to have a disability for  discipline  purposes  as
defined in paragraph g of subdivision three of this section from regular
classroom  instruction  to an appropriate educational setting in another
school upon the written  recommendation  of  the  school  principal  and
following  independent  review  thereof. For purposes of this section of
the law, "involuntary transfer" does not include a transfer  made  by  a
school  district as part of a plan to reduce racial imbalance within the
schools [or as], a change in school  attendance  zones  or  geographical
boundaries  OR  A TRANSFER AS A RESULT OF A DISCIPLINARY ACTION PURSUANT
TO PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION.
  S 5. This act shall  take  effect  on  the  first  of  September  next
succeeding  the  date  on  which  it  shall have become a law; provided,
however, that the amendments made to subparagraph 1 of  paragraph  c  of
subdivision  3  of  section  3214 of the education law by section two of
this act shall be subject  to  the  expiration  and  reversion  of  such
subparagraph  pursuant  to section 8 of chapter 430 of the laws of 2006,
when upon such date the provisions of section three of  this  act  shall
take effect.

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Senate Bill S5492

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2009-S5492 (ACTIVE) - Details

2009-S5492 (ACTIVE) - Summary

2009-S5492 (ACTIVE) - Sponsor Memo

2009-S5492 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Suzi Oppenheimer

Archive: Last Bill Status - In Senate Committee Education Committee

Actions

2009-S5492 (ACTIVE) - Details

2009-S5492 (ACTIVE) - Summary

2009-S5492 (ACTIVE) - Sponsor Memo

2009-S5492 (ACTIVE) - Bill Text download pdf

Comments