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

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to education
Jan 10, 2011 referred to education

S1585 - Details

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

S1585 - Summary

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

S1585 - Sponsor Memo

S1585 - Bill Text download pdf

                    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

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