S T A T E O F N E W Y O R K
________________________________________________________________________
2848
2013-2014 Regular Sessions
I N A S S E M B L Y
January 18, 2013
___________
Introduced by M. of A. CLARK -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to conduct on school
property
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The education law is amended by adding a new section 2803
to read as follows:
S 2803. UNIFORM INCIDENT REPORTING SYSTEM REGARDING REMOVAL OF
STUDENTS AND OTHER PERSONS FROM CLASSROOMS AND SCHOOL PROPERTY. 1. THE
COMMISSIONER SHALL ESTABLISH A STATEWIDE UNIFORM INCIDENT REPORTING
SYSTEM WHICH PUBLIC SCHOOL DISTRICTS, BOARDS OF COOPERATIVE EDUCATIONAL
SERVICES AND COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARDS SHALL
FOLLOW.
2. THE UNIFORM INCIDENT REPORTING SYSTEM REGARDING REMOVAL OF STUDENTS
AND OTHER PERSONS FROM CLASSROOMS AND SCHOOL PROPERTY SHALL CREATE A
REGISTRY AND SHALL REQUIRE PUBLIC SCHOOL DISTRICTS, BOARDS OF COOPER-
ATIVE EDUCATIONAL SERVICES AND COUNTY VOCATIONAL EDUCATION AND EXTENSION
BOARDS TO ANNUALLY REPORT TO THE COMMISSIONER IN A FORM AND BY A DATE
PRESCRIBED BY THE COMMISSIONER, THE FOLLOWING INFORMATION CONCERNING
STUDENTS AND THE OTHER PERSONS WHO ARE REMOVED FROM CLASSROOMS AND
SCHOOL PROPERTY PURSUANT TO THIS ARTICLE:
A. THE NAME OF THE SCHOOL DISTRICT OR DISTRICTS IN WHICH THE REMOVAL
OF THE STUDENT OR STUDENTS OR OTHER PERSON OR PERSONS FROM A CLASSROOM
OR SCHOOL PROPERTY OCCURRED;
B. THE NAME OF THE TEACHER, THE NAME OF THE SCHOOL AND THE LOCATION OF
THE SCHOOL AT WHICH THE REMOVAL OCCURRED;
C. IF THE INDIVIDUAL REMOVED IS A STUDENT, THE AGE AND GRADE OF THE
STUDENT;
D. THE REASONS STATED BY THE TEACHER FOR THE REMOVAL;
E. THE ACTION TAKEN BY THE SCHOOL IN RESPONSE TO THE INCIDENT;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06663-01-3
A. 2848 2
F. WHETHER ANY DISCIPLINARY ACTION WAS TAKEN AGAINST THE STUDENT, AND
IF SO, THE TYPE OF DISCIPLINARY ACTION TAKEN AGAINST THE STUDENT;
G. BY JANUARY FIRST OF EACH YEAR, THE COMMISSIONER SHALL REPORT TO THE
GOVERNOR, THE LEGISLATURE AND THE REGENTS CONCERNING THE PREVALENCE OF
INCIDENTS INVOLVING REMOVAL FROM THE CLASSROOM. THE REPORT SHALL SUMMA-
RIZE THE INFORMATION AVAILABLE FROM THE REGISTRY AND INCIDENT REPORTING
SYSTEM AND IDENTIFY SPECIFICALLY THE SCHOOLS AND SCHOOL DISTRICTS WITH
THE LEAST AND THE GREATEST INCIDENCE OF INCIDENTS AND THE NAMES OF
TEACHERS AND NUMBER OF CLASSROOM REMOVALS INITIATED BY EACH SUCH INDI-
VIDUAL TEACHER. THE REPORT SHALL ALSO, TO THE EXTENT POSSIBLE, RELATE
THE RESULTS AVAILABLE FROM THE REGISTRY, TOGETHER WITH SUCH OTHER ANALY-
SIS AND INFORMATION AS THE COMMISSIONER DETERMINES IS APPROPRIATE, TO
THE EFFECTIVENESS OF CLASSROOM REMOVAL MEASURES UNDERTAKEN BY PARTIC-
IPATING SCHOOLS AND SCHOOL DISTRICTS; AND
H. THE COMMISSIONER SHALL PROMULGATE REGULATIONS TO IMPLEMENT THE
PROVISIONS OF THIS SECTION AND TO ASSURE TO THE EXTENT PRACTICABLE THAT
THE REPORTS USED BY SCHOOL DISTRICTS ARE UNIFORM AND COMPARABLE WITH
RESPECT TO THE TYPES OF INCIDENTS REPORTED AND THE RESPONSES OF THE
SCHOOLS AND SCHOOL DISTRICTS. IF THE REPORTS INDICATE A TEACHER HAS AN
UNUSUALLY LARGE NUMBER OF REMOVALS OR THE REASONS FOR SAME ARE UNSATIS-
FACTORY, SUCH TEACHER SHALL BE SUBJECT TO APPROPRIATE ACTION BY THE
COMMISSIONER. SUCH REGULATIONS SHALL PROVIDE FOR THE CONFIDENTIALITY OF
ALL PERSONALLY IDENTIFIABLE INFORMATION AND SHALL ENSURE THAT ANY
PERSONALLY IDENTIFIABLE INFORMATION WHICH IS COLLECTED IS USED ONLY FOR
ITS INTENDED PURPOSE. FURTHER, ANY INFORMATION COLLECTED UNDER THIS
SECTION SHALL BE PERPETUATED IN THE REGISTRY FOR FURTHER EVALUATION BY
THE COMMISSIONER.
S 2. This act shall take effect immediately.