senate Bill S346A

2013-2014 Legislative Session

Relates to authorizing school districts to establish policies prohibiting the wearing of gang-related apparel, markings or symbols

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 14, 2014 print number 346a
amend and recommit to education
Jan 08, 2014 referred to education
Jan 09, 2013 referred to education

Co-Sponsors

S346 - Details

Law Section:
Education Law
Laws Affected:
Amd §305, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S305A
2009-2010: S2214

S346 - Summary

Authorizes school districts to establish policies prohibiting the wearing of gang-related apparel, markings or symbols.

S346 - Sponsor Memo

S346 - Bill Text download pdf

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

                                   346

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  DIAZ  --  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  authorizing  school
  districts to establish policies prohibiting the wearing of gang-relat-
  ed apparel, markings or symbols

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

  Section 1. Section 305 of the education law is amended by adding a new
subdivision 43 to read as follows:
  43. THE COMMISSIONER IS AUTHORIZED AND DIRECTED TO DEVELOP  RULES  AND
REGULATIONS  AUTHORIZING  THE  BOARD  OF  ANY SCHOOL DISTRICT TO ADOPT A
POLICY THAT PROHIBITS STUDENTS FROM WEARING GANG-RELATED APPAREL,  MARK-
INGS  OR SYMBOLS IF THE BOARD OF THE SCHOOL DISTRICT DETERMINES THAT THE
POLICY IS NECESSARY FOR THE HEALTH AND SAFETY, OR SECURITY OF THE SCHOOL
ENVIRONMENT. FOR THE PURPOSE OF THIS SUBDIVISION, GANG-RELATED  APPAREL,
MARKINGS  AND  SYMBOLS SHALL INCLUDE, BUT NOT NECESSARILY BE LIMITED TO,
CLOTHING THAT CONTAINS  A  NAME  OR  IDENTIFYING  SIGN,  A  SYMBOL  THAT
PROMOTES  A  CRIMINAL STREET GANG, OR A TATTOO OR OTHER PHYSICAL MARKING
THAT IS NOT COVERED WITH CLOTHING, OR STYLE OF  DRESS  THAT  PROMOTES  A
CRIMINAL  STREET  GANG.  SUCH  SCHOOL  DISTRICT POLICY MAY AUTHORIZE THE
SCHOOL  DISTRICT  SUPERINTENDENT  TO  MANDATE  COUNSELING  OR  COMMUNITY
SERVICE,  OR  BOTH,  IN  ORDER  TO  CONTINUE  ATTENDANCE  IN  THE SCHOOL
DISTRICT, PROVIDED THAT SUCH POLICY CONTAINS A PROCEDURE  THAT  COMPLIES
WITH  DUE  PROCESS REQUIREMENTS REGARDING STUDENT SUSPENSION PROVIDED IN
SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER.
  S 2. Severability. If any provision of this act,  or  the  application
thereof to any person or circumstance, shall be adjudged by any court of
competent  jurisdiction to be invalid or unconstitutional, such judgment
shall not affect, impair or invalidate the remainder thereof, but  shall
be  confined  in  its  operation to the provision of this act, or in its

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

Co-Sponsors

S346A (ACTIVE) - Details

Law Section:
Education Law
Laws Affected:
Amd §305, Ed L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S305A
2009-2010: S2214

S346A (ACTIVE) - Summary

Authorizes school districts to establish policies prohibiting the wearing of gang-related apparel, markings or symbols.

S346A (ACTIVE) - Sponsor Memo

S346A (ACTIVE) - Bill Text download pdf

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

                                 346--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. DIAZ, SAMPSON -- read twice and ordered printed, and
  when  printed  to be committed to the Committee on Education -- recom-
  mitted to the Committee on Education in accordance with Senate Rule 6,
  sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
  amended and recommitted to said committee

AN  ACT  to  amend  the education law, in relation to authorizing school
  districts to establish policies prohibiting the wearing of gang-relat-
  ed apparel, markings or symbols

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

  Section 1. Section 305 of the education law is amended by adding a new
subdivision 44 to read as follows:
  44.  THE  COMMISSIONER IS AUTHORIZED AND DIRECTED TO DEVELOP RULES AND
REGULATIONS AUTHORIZING THE BOARD OF ANY  SCHOOL  DISTRICT  TO  ADOPT  A
POLICY  THAT PROHIBITS STUDENTS FROM WEARING GANG-RELATED APPAREL, MARK-
INGS OR SYMBOLS IF THE BOARD OF THE SCHOOL DISTRICT DETERMINES THAT  THE
POLICY IS NECESSARY FOR THE HEALTH AND SAFETY, OR SECURITY OF THE SCHOOL
ENVIRONMENT.  FOR THE PURPOSE OF THIS SUBDIVISION, GANG-RELATED APPAREL,
MARKINGS AND SYMBOLS SHALL INCLUDE, BUT NOT NECESSARILY BE  LIMITED  TO,
CLOTHING  THAT  CONTAINS  A  NAME  OR  IDENTIFYING  SIGN,  A SYMBOL THAT
PROMOTES A CRIMINAL STREET GANG, OR A TATTOO OR OTHER  PHYSICAL  MARKING
THAT  IS  NOT  COVERED  WITH CLOTHING, OR STYLE OF DRESS THAT PROMOTES A
CRIMINAL STREET GANG. SUCH SCHOOL  DISTRICT  POLICY  MAY  AUTHORIZE  THE
SCHOOL  DISTRICT  SUPERINTENDENT  TO  MANDATE  COUNSELING  OR  COMMUNITY
SERVICE, OR  BOTH,  IN  ORDER  TO  CONTINUE  ATTENDANCE  IN  THE  SCHOOL
DISTRICT,  PROVIDED  THAT SUCH POLICY CONTAINS A PROCEDURE THAT COMPLIES
WITH DUE PROCESS REQUIREMENTS REGARDING STUDENT SUSPENSION  PROVIDED  IN
SECTION THIRTY-TWO HUNDRED FOURTEEN OF THIS CHAPTER.
  S  2.  Severability.  If any provision of this act, or the application
thereof to any person or circumstance, shall be adjudged by any court of

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

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