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