S T A T E O F N E W Y O R K
________________________________________________________________________
372
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to special day schools
and the instruction of school delinquents
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 3214 of the education law, as
amended by chapter 181 of the laws of 2000, is amended to read as
follows:
2. Special day schools. The school authorities of any city or school
district [may] SHALL establish schools or set apart rooms in public
school buildings for the instruction of school delinquents, and fix the
number of days per week and the hours per day of required attendance,
which shall not be less than is required of minors attending the full
time day schools. SUCH SCHOOLS OR ROOMS SHALL BE USED FOR THE INSTRUC-
TION OF SCHOOL DELINQUENTS, EXCEPT WHEN A STUDENT'S VIOLENT BEHAVIOR HAS
MADE SUCH STUDENT AN UNREASONABLE RISK TO THE TEACHERS AND STUDENTS IN
SUCH SCHOOLS OR ROOMS, OR WHEN THE STUDENT'S DELINQUENT ACTIVITY CONTIN-
UES TO REPEAT WHILE IN ATTENDANCE AT SUCH SCHOOL OR ROOM SUCH THAT THE
STUDENT'S BEHAVIOR POSES AN UNREASONABLE RISK TO THE EDUCATION OF THE
OTHER CHILDREN IN SUCH SCHOOL OR ROOM, IN WHICH CASE THE CITY OR SCHOOL
DISTRICT SHALL FOLLOW THE PROCEDURES SET FORTH IN SUBDIVISION THREE OF
THIS SECTION. TWO OR MORE SCHOOL DISTRICTS MAY CONTRACT TO SHARE SPECIAL
SCHOOLS OR SPECIAL SCHOOL ROOMS ESTABLISHED PURSUANT TO THIS SUBDIVI-
SION. A SCHOOL DISTRICT SHALL BE AUTHORIZED TO USE A SPECIAL SCHOOL OR
SPECIAL SCHOOL ROOMS ESTABLISHED BY ANOTHER DISTRICT, OR TWO OR MORE
DISTRICTS MAY COOPERATE IN THE CREATION OF SUCH SPECIAL SCHOOL OR SCHOOL
ROOMS. SUCH SCHOOL DISTRICTS MAY ALSO, WHERE APPROPRIATE, SHARE COSTS
ASSOCIATED WITH THE TRANSPORTATION OF STUDENTS TO AND FROM SHARED
SPECIAL SCHOOLS.
§ 2. This act shall take effect on the first of July 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.
LBD03574-01-9