NY State Senate Bill 2019-S6808

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to education
Oct 25, 2019	referred to rules

2019-S6808 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3214, Ed L
Versions Introduced in 2021-2022 Legislative Session:: S2228

2019-S6808 (ACTIVE) - Summary

Provides that where a pupil may be considered a dangerous threat to himself, herself, or others, such pupil may be suspended for no more than ten days prior to a hearing taking place to allow the school to have adequate time to make an evaluation on the pupil's mental health, which may include a psychiatric evaluation, and the risk of danger to others and to consult with law enforcement.

2019-S6808 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6808

SPONSOR: HELMING
 
TITLE OF BILL:  An act to amend the education law, in relation to
school suspensions

 
PURPOSE:

To authorize schools to suspend students for more than five days, but no
more than ten days if the student may be a threat to himself, herself,
or others.

 
SUMMARY OF PROVISIONS:

Sections 1 and 2 amend the Education Law to provide that where a pupil
may be a dangerous threat to himself, herself or others, such pupil may
be suspended for no more than 10 days prior to a hearing taking place,
to allow the school to have adequate time to make an evaluation on the
pupil's mental health, which may include a psychiatric evaluation, and
the risk of danger to others and to consult with law enforcement.

Section 3 provides an immediate effective date provided that amendments
made by section 1 of this act shall be subject to the expiration and
reversion.

 
JUSTIFICATION:

Pursuant to New York State's Education Law 3214 (c), no pupil may be
suspended for more than 5 days unless such pupil and parent have an
opportunity for a fair hearing. Additionally, pursuant to Education Law
3214 (g), a student with a disability may be suspended in accordance
with both state and federal law. Pursuant to 20 USC 1415 (k), school
personnel may remove a child with a disability who violates a code of
student conduct from their current placement to an appropriate interim
alternative educational setting, another setting, or suspension, for not
more than 10 school days (to the extent such alternatives are applied to
children without disabilities).

Oftentimes, when a student is suspended for five days due to violence,
the school does not have enough time to determine if such student is a
threat to himself, herself, or others. By extending the suspension peri-
od to ten days for both nondisabled and disabled children, schools can
have more time to consult with medical professionals and other experts
including law enforcement as to whether student may be a dangerous
threat and/or cause harm. This gives the school ample time to engage in
a full and complete evaluation before letting a potentially dangerous
student return to school.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Immediately

2019-S6808 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6808
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             October 25, 2019
                                ___________
 
 Introduced  by  Sen. HELMING -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the education law, in relation to school suspensions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subparagraph 1 of paragraph c of subdivision 3 of section
 3214 of the education law, as amended by chapter  430  of  the  laws  of
 2006, is amended to read as follows:
   (1)  No  pupil  may be suspended for a period in excess of five school
 days unless such pupil and the person in parental relation to such pupil
 shall have had an  opportunity  for  a  fair  hearing,  upon  reasonable
 notice,  at  which  such pupil shall have the right of representation by
 counsel, with the right to question witnesses against such pupil and  to
 present witnesses and other evidence on his or her behalf. WHERE A PUPIL
 MAY  BE  CONSIDERED  A  DANGEROUS THREAT TO HIMSELF, HERSELF, OR OTHERS,
 SUCH PUPIL MAY BE SUSPENDED FOR NO MORE THAN TEN DAYS PRIOR TO A HEARING
 TAKING PLACE TO ALLOW THE SCHOOL TO HAVE ADEQUATE TIME TO MAKE AN EVALU-
 ATION ON THE PUPIL'S MENTAL HEALTH,  WHICH  MAY  INCLUDE  A  PSYCHIATRIC
 EVALUATION,  AND  THE  RISK  OF DANGER TO OTHERS AND TO CONSULT WITH LAW
 ENFORCEMENT. Where the pupil is a student with a disability or a student
 presumed to have a disability, the provisions of  paragraph  g  of  this
 subdivision  shall  also  apply.  Where  a  pupil  has been suspended in
 accordance with  this  subparagraph  by  a  superintendent  of  schools,
 district  superintendent  of  schools,  or community superintendent, the
 superintendent shall personally hear and  determine  the  proceeding  or
 may,  in  his  or her discretion, designate a hearing officer to conduct
 the hearing. The hearing officer shall be authorized to administer oaths
 and to issue subpoenas in conjunction with the proceeding before him  or
 her.  A  record  of the hearing shall be maintained, but no stenographic
 transcript shall be required and a tape  recording  shall  be  deemed  a
 satisfactory  record.    The hearing officer shall make findings of fact
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13672-03-9

 S. 6808                             2
 
 and recommendations as to the appropriate measure of discipline  to  the
 superintendent.  The  report  of  the  hearing officer shall be advisory
 only, and the superintendent may accept all  or  any  part  thereof.  An
 appeal  will lie from the decision of the superintendent to the board of
 education who shall make its decision solely upon the record before  it.
 The  board may adopt in whole or in part the decision of the superinten-
 dent of schools.  Where the basis for the suspension is, in whole or  in
 part, the possession on school grounds or school property by the student
 of  any  firearm,  rifle, shotgun, dagger, dangerous knife, dirk, razor,
 stiletto or any of the weapons, instruments or appliances  specified  in
 subdivision  one of section 265.01 of the penal law, the hearing officer
 or superintendent shall not be barred from considering the admissibility
 of such weapon, instrument or appliance as evidence,  notwithstanding  a
 determination  by a court in a criminal or juvenile delinquency proceed-
 ing that the recovery of such weapon, instrument or  appliance  was  the
 result of an unlawful search or seizure.
   § 2. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of
 the  education  law,  as  amended by chapter 380 of the laws of 2001, is
 amended to read as follows:
   (1) No pupil may be suspended for a period in excess  of  five  school
 days unless such pupil and the person in parental relation to such pupil
 shall  have  had  an  opportunity  for  a  fair hearing, upon reasonable
 notice, at which such pupil shall have the right  of  representation  by
 counsel,  with the right to question witnesses against such pupil and to
 present witnesses and other evidence on his behalf. WHERE A PUPIL MAY BE
 CONSIDERED A DANGEROUS THREAT TO HIMSELF, HERSELF, OR OTHERS, SUCH PUPIL
 MAY BE SUSPENDED FOR NO MORE THAN TEN DAYS PRIOR  TO  A  HEARING  TAKING
 PLACE TO ALLOW THE SCHOOL TO HAVE ADEQUATE TIME TO MAKE AN EVALUATION ON
 THE  PUPIL'S  MENTAL HEALTH, WHICH MAY INCLUDE A PSYCHIATRIC EVALUATION,
 AND THE RISK OF DANGER TO OTHERS AND TO CONSULT  WITH  LAW  ENFORCEMENT.
 Where  a pupil has been suspended in accordance with this subdivision by
 a superintendent of schools,  district  superintendent  of  schools,  or
 community  superintendent,  the superintendent shall personally hear and
 determine the proceeding or may, in his discretion, designate a  hearing
 officer  to conduct the hearing. The hearing officer shall be authorized
 to administer oaths and to  issue  subpoenas  in  conjunction  with  the
 proceeding  before him. A record of the hearing shall be maintained, but
 no stenographic transcript shall be required and a tape recording  shall
 be deemed a satisfactory record. The hearing officer shall make findings
 of  fact and recommendations as to the appropriate measure of discipline
 to the superintendent. The report of the hearing officer shall be  advi-
 sory only, and the superintendent may accept all or any part thereof. An
 appeal  will lie from the decision of the superintendent to the board of
 education who shall make its decision solely upon the record before  it.
 The  board may adopt in whole or in part the decision of the superinten-
 dent of schools. Where the basis for the suspension is, in whole  or  in
 part, the possession on school grounds or school property by the student
 of  any  firearm,  rifle, shotgun, dagger, dangerous knife, dirk, razor,
 stiletto or any of the weapons, instruments or appliances  specified  in
 subdivision  one of section 265.01 of the penal law, the hearing officer
 or superintendent shall not be barred from considering the admissibility
 of such weapon, instrument or appliance as evidence,  notwithstanding  a
 determination  by a court in a criminal or juvenile delinquency proceed-
 ing that the recovery of such weapon, instrument or  appliance  was  the
 result of an unlawful search or seizure.

 S. 6808                             3
 
   §  3. This act shall take effect immediately, provided that the amend-
 ments to subparagraph 1 of paragraph c of subdivision 3 of section  3214
 of the education law made by section one of this act shall be subject to
 the  expiration and reversion of such subparagraph pursuant to section 8
 of  chapter 430 of the laws of 2006, as amended, when upon such date the
 provisions of section two of this act shall take effect.

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Senate Bill S6808

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

2019-S6808 (ACTIVE) - Details

2019-S6808 (ACTIVE) - Summary

2019-S6808 (ACTIVE) - Sponsor Memo

2019-S6808 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6808

Share this bill

Sponsored By

Pamela Helming

Archive: Last Bill Status - In Senate Committee Education Committee

2019-S6808 (ACTIVE) - Details

2019-S6808 (ACTIVE) - Summary

2019-S6808 (ACTIVE) - Sponsor Memo

2019-S6808 (ACTIVE) - Bill Text download pdf

Comments