senate Bill S1585

2011-2012 Legislative Session

Relates to involuntary transfer of violent or disruptive pupils

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to education
Jan 10, 2011 referred to education

S1585 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd ยง3214, Ed L
Versions Introduced in 2009-2010 Legislative Session:
S5492

S1585 - Bill Texts

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

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BILL NUMBER:S1585

TITLE OF BILL:
An act
to amend the workers' compensation law, in relation to chronic care for
injured workers

PURPOSE: This legislation allows the workers
compensation board to
allow for a monthly dollar allowance or treatment frequency for
injured workers whose injuries are deemed to be long term or permanent.

SUMMARY OF SPECIFIC PROVISIONS: Section I of the bill
allows injured
workers whose injuries are deemed long term or permanent by the
workers compensation board where no change is anticipated by
continued care and all treatment options have been exhausted allows
the board to approve a monthly dollar allowance or treatment
frequency for the injured worker to continue to receive care within
the specialty of their choice for the purpose of pain management
and/or sustaining functional capacity.
Further stipulates that if an injured worker chooses to exceed the
treatment recommended, the injured worker shall have the option of
signing a waiver and paying the provider privately for the amount
that exceeds the recommendation.

Section 2 is the effective date.

JUSTIFICATION: This legislation allows the
establishment of ongoing
treatment protocols for chronic care injured workers, based on
medical evidence that is presented for that patient. It allows
injured workers to receive vital treatment necessary to maintain them
and allow for the highest level of functioning achievable given the
chronic nature of their injury. This legislation further controls
costs for insurance as it allows the carrier to budget for the costs
of care for chronically injured workers.

PRIOR LEGISLATIVE HISTORY: S. 7476 referred to Senate
Rules Committee

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  1585

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 10, 2011
                               ___________

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.
                                                           LBD05291-01-1

S. 1585                             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. 1585                             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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