senate Bill S1516A

2013-2014 Legislative Session

Authorizes school districts to enforce and continue in effect the suspension of a pupil ordered by the school district that the pupil previously attended

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate


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

do you support this bill?

Actions

view actions (17)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 18, 2014 referred to education
Mar 17, 2014 delivered to assembly
passed senate
Mar 04, 2014 advanced to third reading
Mar 03, 2014 2nd report cal.
Feb 27, 2014 1st report cal.190
Jan 08, 2014 referred to education
returned to senate
died in assembly
May 29, 2013 referred to education
delivered to assembly
passed senate
Apr 24, 2013 amended on third reading 1516a
Feb 28, 2013 advanced to third reading
Feb 27, 2013 2nd report cal.
Feb 12, 2013 1st report cal.79
Jan 09, 2013 referred to education

Votes

view votes

Feb 27, 2014 - Education committee Vote

S1516A
16
1
committee
16
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Education committee vote details

Feb 4, 2014 - Education committee Vote

S1516A
16
1
committee
16
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Education committee vote details

Feb 12, 2013 - Education committee Vote

S1516
16
1
committee
16
Aye
1
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1516 - Bill Details

See Assembly Version of this Bill:
A7244
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §3214, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S921
2009-2010: S582

S1516 - Bill Texts

view summary

Authorizes school districts to enforce and continue in effect the suspension of a pupil ordered by the school district that the pupil previously attended.

view sponsor memo
BILL NUMBER:S1516

TITLE OF BILL:
An act
to amend the education law, in relation to the enforcement of the
suspension of pupils from school

PURPOSE: This legislation authorizes school districts
to enforce and
continue in effect the suspension of a pupil ordered by the school
district that the pupil previously attended.

SUMMARY OF PROVISIONS: Subdivision 3 of section 3214
of the education
law is amended by adding a new paragraph b-1 to authorize school
districts to enforce and continue in effect the suspension of a pupil
ordered by the school district that the pupil previously attended.

Any upheld suspension must be enforced and continued in a manner
consistent with the original suspension and with applicable
provisions of section 3214 of the education law.

JUSTIFICATION: There currently exists a loophole
within the New York
State Education Law in the area of safety. Presently, school
districts do not have the right to honor a suspension issued by
another school district. A student who is under a superintendent
suspension or long-term suspension from another school district can
relocate and immediately enter the school district of his or her new
residence. This practice is used to find a way around the suspension
and potentially puts students in the new school at risk. Safety
concerns and the health and well being of the school population
necessitates this loophole be closed.

LEGISLATIVE HISTORY: S.6939 of 2008 (Passed Senate).
S.582 of 2009-10.
S.921 of 2011/12 (Passed Senate).

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1516

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MARCELLINO  -- 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 the enforcement of the
  suspension of pupils from school

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

  Section  1.  Subdivision  3  of  section  3214 of the education law is
amended by adding a new paragraph b-1 to read as follows:
  B-1. THE BOARD OF EDUCATION, BOARD OF TRUSTEES OR SOLE TRUSTEE, SUPER-
INTENDENT OF SCHOOLS, DISTRICT SUPERINTENDENT OF SCHOOLS AND THE PRINCI-
PAL OF THE SCHOOL WHERE THE  PUPIL  ATTENDS  SHALL  HAVE  THE  POWER  TO
ENFORCE,  AND  CONTINUE IN EFFECT A SUSPENSION PREVIOUSLY ORDERED BY THE
BOARD OF EDUCATION, BOARD OF TRUSTEES OR SOLE TRUSTEE, SUPERINTENDENT OF
SCHOOLS, DISTRICT SUPERINTENDENT OF SCHOOLS OR PRINCIPAL OF  THE  SCHOOL
DISTRICT SUCH PUPIL ATTENDED IMMEDIATELY PRECEDING HIS OR HER ATTENDANCE
AT SUCH SCHOOL WHERE THE PUPIL ATTENDS, PROVIDED THAT SUCH SUSPENSION IS
ENFORCED  AND  CONTINUED  IN  EFFECT  IN  A  MANNER  CONSISTENT WITH THE
ORIGINAL SUSPENSION AND WITH THE PROVISIONS OF THIS SUBDIVISION.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03252-01-3

Co-Sponsors

S1516A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7244
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §3214, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S921
2009-2010: S582

S1516A (ACTIVE) - Bill Texts

view summary

Authorizes school districts to enforce and continue in effect the suspension of a pupil ordered by the school district that the pupil previously attended.

view sponsor memo
BILL NUMBER:S1516A

TITLE OF BILL: An act to amend the education law, in relation to the
enforcement of the suspension of pupils from school

PURPOSE: This legislation, the Faculty/Student Safety Act, authorizes
school districts to enforce and continue in effect the suspension of a
pupil ordered by the school district that the pupil previously
attended.

SUMMARY OF PROVISIONS: Paragraph c of subdivision 3 of section 3214 of
the education law is amended by adding a new subparagraph 3 to
authorize school districts to enforce and continue in effect the
suspension of a pupil ordered by the school district that the pupil
previously attended if the suspension was the result of the pupil
being physically violent, a sexual assault, or a weapons possession or
use on school grounds.

JUSTIFICATION: There currently exists a loophole within the New York
State Education Law in the area of safety. Presently, school districts
do not have the right to honor a suspension issued by another school
district. A student who is under a superintendent suspension or
long-term suspension from another school district can relocate and
immediately enter the school district of his or her new residence.
This practice is used to find a way around the suspension and
potentially puts student sand faculty in the new school at risk.
Safety concerns and the health and well being of the school population
necessitates this loophole be closed.

LEGISLATIVE HISTORY: Similar to S.6939 of 2008 (Passed Senate). S.582
of 2009-10. S.921 of 2011/12 (Passed Senate).

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1516--A
    Cal. No. 79

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. MARCELLINO, AVELLA -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Education  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN ACT to amend the education law, in relation to the enforcement of the
  suspension of pupils from school

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

  Section  1.  This  act  shall  be  known  and  may  be  cited  as  the
"Faculty/Student Safety Act."
  S 2. Paragraph c of subdivision 3 of section 3214 of the education law
is amended by adding a new subparagraph 3 to read as follows:
  (3)  WHERE  A  PUPIL  HAS BEEN SUSPENDED, AFTER A HEARING, BY A SUPER-
INTENDENT OF SCHOOLS, DISTRICT SUPERINTENDENT OF SCHOOLS,  OR  COMMUNITY
SUPERINTENDENT OF SCHOOLS, PURSUANT TO SUBPARAGRAPH ONE OF THIS SUBDIVI-
SION,  FOR  A  PERIOD  THAT  IS  EQUAL  TO OR EXCEEDS THE PERIOD OF TIME
REMAINING IN THE CURRENT SCHOOL YEAR, AND SUCH STUDENT SEEKS  ENROLLMENT
IN A RECEIVING SCHOOL, THE BOARD OF EDUCATION, BOARD OF TRUSTEES OR SOLE
TRUSTEE,  SUPERINTENDENT  OF SCHOOLS, DISTRICT SUPERINTENDENT OF SCHOOLS
OR THE PRINCIPAL OF SUCH  RECEIVING  SCHOOL  SHALL  HAVE  THE  POWER  TO
CONTINUE OR DISCONTINUE SUCH SUSPENSION IF THE SUSPENSION WAS THE RESULT
OF  THE  PUPIL  BEING  PHYSICALLY  VIOLENT, A SEXUAL ASSAULT, OR WEAPONS
POSSESSION OR USE ON SCHOOL GROUNDS.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03252-02-3

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.