Senate Bill S5325

2017-2018 Legislative Session

Authorizes the removal from a teacher's classroom of a violent pupil

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2017-S5325 - Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §3214, Ed L
Versions Introduced in Other Legislative Sessions:
2019-2020: S420
2021-2022: S5684
2023-2024: S4654

2017-S5325 - Summary

Authorizes the removal from a teacher's classroom of a violent pupil; such pupil shall only return to the classroom with the consent of the teacher if the pupil committed an act of violence against a teacher.

2017-S5325 - Sponsor Memo

2017-S5325 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5325
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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  removal,  from  the
   classroom  of  a  teacher,  any  pupil  who commits an act of violence
   against such teacher

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  3214 of the education law is amended by adding a
 new subdivision 3-b to read as follows:
   3-B. REMOVAL OF VIOLENT  PUPIL.  IN  ADDITION,  A  VIOLENT  PUPIL  WHO
 COMMITS  AN  ACT OF VIOLENCE UPON A TEACHER SHALL IMMEDIATELY BE REMOVED
 FROM SUCH TEACHER'S CLASSROOM. NO SUCH PUPIL SHALL RETURN TO THE  TEACH-
 ER'S  CLASSROOM  UNLESS  AND  UNTIL  SUCH  TEACHER,  IN  HIS OR HER SOLE
 DISCRETION, GRANTS HIS OR HER CONSENT THERETO.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10731-01-7

2017-S5325A (ACTIVE) - Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §3214, Ed L
Versions Introduced in Other Legislative Sessions:
2019-2020: S420
2021-2022: S5684
2023-2024: S4654

2017-S5325A (ACTIVE) - Summary

Authorizes the removal from a teacher's classroom of a violent pupil; such pupil shall only return to the classroom with the consent of the teacher if the pupil committed an act of violence against a teacher.

2017-S5325A (ACTIVE) - Sponsor Memo

2017-S5325A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5325--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 21, 2017
                                ___________
 
 Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  education law, in relation to removal, from the
   classroom of a teacher, of violent pupils against such teacher
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The subdivision heading and the opening paragraph of subdi-
 vision 3-a of section 3214 of the education law, as added by chapter 181
 of the laws of 2000, are amended to read as follows:
   Teacher  removal  of  a  disruptive OR VIOLENT pupil. In addition, any
 teacher shall have the power and authority to  remove  a  disruptive  OR
 VIOLENT  pupil,  as  defined  in subdivision two-a of this section, from
 such teacher's classroom consistent with discipline  measures  contained
 in  the code of conduct adopted by the board pursuant to section twenty-
 eight hundred one of this chapter. The school authorities of any  school
 district shall establish policies and procedures to ensure the provision
 of continued educational programming and activities for students removed
 from  the  classroom  pursuant  to this subdivision and provided further
 that nothing in this subdivision shall authorize the removal of a  pupil
 in  violation  of any state or federal law or regulation. No pupil shall
 return to the classroom until the principal makes a final  determination
 pursuant  to  paragraph  c of this subdivision, or the period of removal
 expires, whichever is less; PROVIDED, FURTHER, THAT NO VIOLENT PUPIL WHO
 COMMITS AN ACT OF VIOLENCE UPON A TEACHER SHALL RETURN TO THE  TEACHER'S
 CLASSROOM  UNLESS AND UNTIL SUCH TEACHER, IN HIS OR HER SOLE DISCRETION,
 GRANTS HIS OR HER CONSENT THERETO.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10731-02-7

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