S T A T E O F N E W Y O R K
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2110
2011-2012 Regular Sessions
I N S E N A T E
January 18, 2011
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Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
AN ACT to amend the education law, in relation to establishing the
conflict resolution and school violence reduction program and making
appropriations therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Short title. This act shall be known and may be cited as
the "Conflict Resolution and School Violence Reduction Program Act".
S 2. Legislative findings and declaration. (a) The legislature hereby
finds the following:
(1) According to the National Crime Study, approximately 3,000,000
crimes occur on or near schools each year. This translates into 16,000
crimes per school day or one crime every six seconds.
(2) According to Federal Bureau of Investigation statistics, more than
11,000 people died nationwide between 1980 and 1989 as a result of homi-
cides committed by high school age youths using firearms, cutting
instruments or blunt objects.
(3) Gun violence is on the rise in schools all over the United States.
According to the Centers for Disease Control, one pupil in five reports
carrying a weapon of some type and about one pupil in 20 reports carry-
ing a gun.
(4) According to a study by the National Institute of Education, each
month nearly 5,200 of the nation's 1,000,000 secondary school teachers
are physically attacked on school grounds. Of these teachers, approxi-
mately 1,000 suffer serious injuries which require medical attention. In
addition, each month approximately 130,000 teachers are burglarized and
approximately 6,000 are robbed.
(b) The legislature hereby declares the following:
(1) Many schools in New York are in need of security and preventive
programs in order to provide a safe school environment. School districts
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06690-01-1
S. 2110 2
have reported an increasing number of serious incidents of violence on
school grounds. The violence has adversely affected the educational
environment on school grounds so that teachers are unable to teach and
pupils are unable to learn.
(2) School districts have been unable to adequately fund their school
safety programs and, therefore, are forced to use a greater amount of
their educational funds to pay for school security.
(3) The legislature recognizes its responsibility to assist school
districts in correcting safety problems in those schools where they
exist and to prevent these problems from arising at all other schools.
S 3. Section 3641 of the education law is amended by adding a new
subdivision 15 to read as follows:
15. CONFLICT RESOLUTION AND SCHOOL VIOLENCE REDUCTION PROGRAM. A.
PURPOSE. THE PURPOSE OF THIS SUBDIVISION IS TO PROVIDE FUNDING FOR
GRANTS TO SCHOOLS FOR DEVELOPING AND IMPLEMENTING EFFECTIVE TECHNIQUES
AND ACTIVITIES TO COMBAT CRIME AND VIOLENCE IN THE SCHOOLS. SUCH FUND-
ING SHALL BE IN ADDITION TO APPORTIONMENTS OTHERWISE PROVIDED BY SECTION
THIRTY-SIX HUNDRED TWO OF THIS ARTICLE AND THE OTHER SUBDIVISIONS OF
THIS SECTION. IT IS THE INTENT OF THE LEGISLATURE THAT SCHOOLS RECEIVING
GRANTS PURSUANT TO THIS SUBDIVISION ACCOMPLISH THE FOLLOWING GOALS:
(1) TEACH PUPILS TECHNIQUES FOR RESOLVING CONFLICTS WITHOUT RESORTING
TO THE USE OF VIOLENCE.
(2) TRAIN SCHOOL STAFF AND ADMINISTRATORS TO SUPPORT AND PROMOTE
CONFLICT RESOLUTION AND MEDIATION TECHNIQUES FOR RESOLVING CONFLICTS
BETWEEN OR AMONG PUPILS.
(3) REDUCE THE INCIDENTS OF VIOLENCE AT THE SCHOOLSITE.
(4) PROVIDE PUPILS WITH AFTER SCHOOL PROGRAMS AS POSITIVE ALTERNATIVES
TO DELINQUENT BEHAVIOR.
B. ESTABLISHMENT. THE CONFLICT RESOLUTION AND SCHOOL VIOLENCE
REDUCTION PROGRAM IS HEREBY ESTABLISHED. THIS STATEWIDE GRANT PROGRAM
SHALL BE COORDINATED THROUGH BOARDS OF EDUCATION OF SCHOOL DISTRICTS TO
PROVIDE GRANTS TO SCHOOLS FOR CONFLICT RESOLUTION PROJECTS. EACH SUCH
BOARD OF EDUCATION SHALL DO ALL OF THE FOLLOWING:
(1) NO LATER THAN FEBRUARY FIRST OF EACH SCHOOL YEAR, NOTIFY THE
COMMISSIONER OF THE INTENT OF THE BOARD OF EDUCATION TO PARTICIPATE IN
THE GRANT PROGRAM.
(2) NOTIFY SCHOOLS WITHIN THE JURISDICTION OF THE BOARD OF EDUCATION
OF THE AVAILABILITY OF, AND THE PROCESS TO BE FOLLOWED IN APPLYING FOR,
GRANTS UNDER THE GRANT PROGRAM.
(3) IDENTIFY SUCCESSFUL CONFLICT RESOLUTION PROJECTS AND TECHNIQUES
AND INCORPORATE THOSE TECHNIQUES INTO THE CRITERIA FOR REVIEW AND
SELECTION OF REQUESTS FOR PROPOSALS FOR GRANTS.
(4) PROVIDE INFORMATION AS REQUESTED BY THE COMMISSIONER FOR USE IN
THE EVALUATION CONDUCTED PURSUANT TO PARAGRAPH H OF THIS SUBDIVISION.
C. CONSORTIA. (1) IF A BOARD OF EDUCATION CHOOSES NOT TO PARTICIPATE
SINGLY IN THE GRANT PROGRAM, OR IF FUNDING AVAILABLE THROUGH THE GRANT
PROGRAM TO A SINGLE BOARD OF EDUCATION WOULD BE INSUFFICIENT TO CONDUCT
A CONFLICT RESOLUTION PROJECT IN ACCORDANCE WITH THE REQUIREMENTS OF
THIS SUBDIVISION, SEVERAL BOARDS OF EDUCATION MAY FORM A CONSORTIUM TO
PARTICIPATE IN THE GRANT PROGRAM AND SHALL BE SUBJECT TO THIS SUBDIVI-
SION TO THE SAME EXTENT AS A SINGLE BOARD OF EDUCATION.
(2) IF A BOARD OF EDUCATION CHOOSES NOT TO PARTICIPATE IN THE GRANT
PROGRAM EITHER SINGLY OR AS PART OF A CONSORTIUM, THAT PORTION OF FUND-
ING THAT THE BOARD OF EDUCATION WOULD HAVE RECEIVED FOR THE GRANT
PROGRAM SHALL BE DISTRIBUTED ON A PRO RATA BASIS TO PARTICIPATING BOARDS
OF EDUCATION.
S. 2110 3
(3) THE COMMISSIONER MAY ALLOCATE FUNDS TO ANY CONSORTIUM OF BOARDS OF
EDUCATION PARTICIPATING IN THE GRANT PROGRAM PURSUANT TO THIS PARAGRAPH.
THE AMOUNT ALLOCATED TO THE CONSORTIUM SHALL BE THE TOTAL AMOUNT THAT
WOULD HAVE BEEN DISTRIBUTED TO EACH SINGLE BOARD OF EDUCATION IN THE
CONSORTIUM IN THE APPLICABLE SCHOOL YEAR PURSUANT TO THIS SUBDIVISION
HAD THAT BOARD OF EDUCATION RECEIVED A GRANT ON A SINGLE BASIS.
D. REQUESTS FOR PROPOSALS. NO LATER THAN MARCH FIRST OF EACH SCHOOL
YEAR, A BOARD OF EDUCATION THAT HAS NOTIFIED THE COMMISSIONER OF ITS
INTENT TO PARTICIPATE IN THE GRANT PROGRAM SHALL DEVELOP REQUESTS FOR
PROPOSALS, PURSUANT TO WHICH THAT BOARD OF EDUCATION SHALL SELECT GRANT
RECIPIENTS FROM SCHOOLS WITHIN THE JURISDICTION OF THE BOARD OF EDUCA-
TION.
E. CRITERIA FOR SELECTION AND SELECTION. A PARTICIPATING BOARD OF
EDUCATION SHALL GIVE FIRST PRIORITY TO APPLICANTS FOR GRANTS THAT SUBMIT
PROPOSALS CONTAINING A COMPONENT TO TRAIN TEAMS OF SCHOOL STAFF, ADMIN-
ISTRATORS, AND PUPILS WHO WILL ENSURE CONTINUATION OF TRAINING IN
CONFLICT RESOLUTION TECHNIQUES AFTER FUNDING FROM THE GRANT HAS CEASED.
A PARTICIPATING BOARD OF EDUCATION SHALL SELECT ANY SCHOOL WITHIN THE
JURISDICTION OF THAT BOARD OF EDUCATION TO BE A GRANT RECIPIENT BASED
UPON THE FOLLOWING CRITERIA:
(1) IT DEMONSTRATES THAT VIOLENCE AT THE SCHOOLSITE IS A SUBSTANTIAL
AND CONTINUING PROBLEM FOR PUPILS AND STAFF.
(2) IT PROPOSES ONGOING TRAINING FOR PUPILS, SCHOOL STAFF, AND ADMIN-
ISTRATORS IN CONFLICT RESOLUTION THROUGH THE USE OF MEDIATION.
(3) IT PROPOSES TO EXPAND EXISTING AFTER SCHOOL OPPORTUNITIES AS AN
ALTERNATIVE TO DELINQUENT BEHAVIOR.
(4) THE SCHOOL STAFF AND ADMINISTRATORS AT THE SCHOOL AGREE TO PARTIC-
IPATE IN CONFLICT MEDIATION TRAINING.
(5) IT SUBMITS A PROPOSAL IN WHICH MONETARY AND IN-KIND SUPPORT IN
ADDITION TO THE FUNDS PROVIDED THROUGH A GRANT IS IDENTIFIED TO PROMOTE
THE SUCCESS OF A CONFLICT RESOLUTION PROJECT.
(6) IT DEVELOPS A PLAN, AND DEMONSTRATES THE ABILITY, TO SHARE THE
SUCCESSFUL COMPONENTS OF ITS CONFLICT RESOLUTION AND SCHOOL VIOLENCE
REDUCTION PROGRAM WITH OTHER SCHOOLS AND SCHOOL DISTRICTS.
GRANT RECIPIENTS SHALL BE SELECTED AND NOTIFIED NO LATER THAN MAY
FIRST OF EACH SCHOOL YEAR.
F. CONFLICT RESOLUTION PROJECTS. CONFLICT RESOLUTION PROJECTS FUNDED
PURSUANT TO GRANTS UNDER THIS SUBDIVISION SHALL INCLUDE, BUT NOT BE
LIMITED TO, ALL OF THE FOLLOWING:
(1) A COMPONENT TO TEACH PUPILS THE SKILLS NECESSARY TO REDUCE
VIOLENCE, INCLUDING COMMUNICATION SKILLS, ANGER MANAGEMENT, BIAS
REDUCTION, AND MEDIATION SKILLS.
(2) A COMPONENT TO TRAIN SCHOOL STAFF AND ADMINISTRATORS TO IMPLEMENT
AND SUPPORT CONFLICT RESOLUTION TECHNIQUES.
(3) A COMPONENT TO MAKE TRAINING IN CONFLICT RESOLUTION TECHNIQUES
AVAILABLE TO PARENTS OR GUARDIANS OF PUPILS OR TO COMMUNITY-BASED ORGAN-
IZATIONS THAT ASSIST THE SCHOOL.
G. EXPENSE RESTRICTION. (1) ANY PARTICIPATING BOARD OF EDUCATION OR
CONSORTIUM OF BOARDS OF EDUCATION MAY UTILIZE NO MORE THAN FIVE PERCENT
OF THE FUNDS RECEIVED BY THAT BOARD OF EDUCATION OR CONSORTIUM PURSUANT
TO THIS SUBDIVISION FOR EXPENSES ASSOCIATED WITH THE IMPLEMENTATION OF
THE GRANT PROGRAM.
(2) THE DEPARTMENT MAY UTILIZE NO MORE THAN TWO PERCENT OF THE FUNDS
APPROPRIATED FOR THE PURPOSES OF THIS SUBDIVISION FOR EVALUATION OF THE
CONFLICT RESOLUTION AND SCHOOL VIOLENCE REDUCTION PROGRAM AND FOR THE
DISSEMINATION OF INFORMATION REGARDING SUCCESSFUL PROJECTS THAT ARE
S. 2110 4
DEVELOPED AND IMPLEMENTED BY PARTICIPATING BOARDS OF EDUCATION TO OTHER
BOARDS OF EDUCATION.
H. EVALUATION. THE COMMISSIONER SHALL CONTRACT FOR AN ONGOING INDE-
PENDENT EVALUATION OF THE EFFECTIVENESS OF CONFLICT RESOLUTION PROJECTS
FUNDED BY GRANTS PURSUANT TO THIS SUBDIVISION. THE EVALUATION SHALL
DETERMINE THE EFFECTIVENESS OF EACH PROJECT BASED UPON ALL OF THE
FOLLOWING CRITERIA:
(1) A REDUCTION IN INCIDENTS OF SCHOOL VIOLENCE AT THE SCHOOLSITE
WHERE THE CONFLICT RESOLUTION PROJECT IS CONDUCTED.
(2) A REDUCTION IN THE NUMBER OF SUSPENSIONS OR EXPULSIONS OF PUPILS
FOR VIOLENT BEHAVIOR AT THE SCHOOLSITE WHERE THE CONFLICT RESOLUTION
PROJECT IS CONDUCTED.
(3) A COMPARISON OF INCIDENTS OF SCHOOL VIOLENCE WITH SCHOOLS OF SIMI-
LAR SIZE AND PUPILS OF SIMILAR SOCIOECONOMIC BACKGROUND AS THE SCHOOL-
SITE WHERE THE CONFLICT RESOLUTION PROJECT IS CONDUCTED.
I. REPORT. ON OR BEFORE JUNE FIRST OF EACH SCHOOL YEAR AFTER THE FIRST
SCHOOL YEAR OF IMPLEMENTATION, THE COMMISSIONER SHALL SUBMIT TO THE
LEGISLATURE AN EVALUATION REPORT BASED ON THE ONGOING EVALUATION MADE
PURSUANT TO PARAGRAPH H OF THIS SUBDIVISION.
S 4. a. The sum of five million dollars ($5,000,000), or so much ther-
eof as may be necessary, is hereby appropriated to the state education
department from any moneys in the state treasury in the general fund to
the credit of the state purposes account not otherwise appropriated for
the purpose of funding the grants to be awarded for developing and
implementing techniques and programs to combat school violence in
accordance with subdivision 15 of section 3641 of the education law, as
added by section three of this act and the expenses associated with the
implementation of the grant program in carrying out the provisions of
this act. Such sum shall be payable on the audit and warrant of the
state comptroller on vouchers certified or approved by the commissioner
of education or his duly designated representative in the manner
prescribed by law. No expenditure shall be made from this appropriation
until a certificate of approval of availability shall have been issued
by the director of the budget and filed with the state comptroller and a
copy filed with the chairman of the senate finance committee and the
chairman of the assembly ways and means committee. Such certificate may
be amended from time to time by the director of the budget and a copy of
each such amendment shall be filed with the state comptroller, the
chairman of the senate finance committee and the chairman of the assem-
bly ways and means committee.
b. The sum of one hundred thousand dollars ($100,000), or so much
thereof as may be necessary, is hereby appropriated to the state educa-
tion department from any moneys in the state treasury in the general
fund to the credit of the state purposes account not otherwise appropri-
ated for the purpose of contracting for an ongoing independent evalu-
ation of the effectiveness of conflict resolution projects funded by
grants awarded pursuant to subdivision 15 of section 3641 of the educa-
tion law, as added by section three of this act and for the dissem-
ination of information regarding successful projects that are developed
and implemented by participating boards of education to other boards of
education in carrying out the provisions of this act. Such sum shall be
payable on the audit and warrant of the state comptroller on vouchers
certified or approved by the commissioner of education or his duly
designated representative in the manner prescribed by law. No expendi-
ture shall be made from this appropriation until a certificate of
approval of availability shall have been issued by the director of the
S. 2110 5
budget and filed with the state comptroller and a copy filed with the
chairman of the senate finance committee and the chairman of the assem-
bly ways and means committee. Such certificate may be amended from time
to time by the director of the budget and a copy of each such amendment
shall be filed with the state comptroller, the chairman of the senate
finance committee and the chairman of the assembly ways and means
committee.
S 5. This act shall take effect on the first of April next succeeding
the date on which it shall have become a law.
