S T A T E O F N E W Y O R K
________________________________________________________________________
1727
2015-2016 Regular Sessions
I N S E N A T E
January 14, 2015
___________
Introduced by Sen. PARKER -- 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 requiring school
district and board of cooperative educational services officials to
report bias related offenses to law enforcement agencies
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 3214-a
to read as follows:
S 3214-A. REPORTS OF BIAS-RELATED OFFENSES. 1. NOTWITHSTANDING ANY
PROVISION OF THIS CHAPTER TO THE CONTRARY, UPON RECEIPT BY A TEACHER,
ADMINISTRATOR OR OTHER EMPLOYEE OF A SCHOOL DISTRICT OR BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES OF ANY REPORT OF THE ALLEGED COMMISSION OF A
BIAS RELATED OFFENSE COMMITTED UPON THE PROPERTY OF SUCH SCHOOL DISTRICT
OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, THE TEACHER, ADMINISTRATOR
OR OTHER EMPLOYEE SHALL IMMEDIATELY REPORT THE ALLEGED COMMISSION OF
SUCH BIAS RELATED OFFENSE TO A LAW ENFORCEMENT AGENCY HAVING JURISDIC-
TION OVER SUCH OFFENSE. EACH SCHOOL DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES SHALL COOPERATE WITH ANY LAW ENFORCEMENT AGENCY
INVESTIGATING AND PROSECUTING A BIAS RELATED OFFENSE.
2. FOR THE PURPOSES OF THIS SECTION, "BIAS RELATED OFFENSE" SHALL MEAN
ANY OFFENSE, WHICH IF COMMITTED BY AN ADULT, WOULD CONSTITUTE A HATE
CRIME AS DEFINED IN SUBDIVISION ONE OF SECTION 485.05 OF THE PENAL LAW.
3. THE COMMISSIONER SHALL PROMULGATE AND DISTRIBUTE TO EVERY SCHOOL
DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES SUCH RULES AND
REGULATIONS AS SHALL BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
SECTION AND ENSURE COMPLIANCE THEREWITH.
S 2. This act shall take effect immediately, except that subdivision 1
of section 3214-a of the education law, as added by section one of this
act, shall take effect on the first of September next succeeding the
date on which it shall have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06473-01-5