Senate Bill S4654

2023-2024 Legislative Session

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

download bill text pdf

Sponsored By

Current 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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2023-S4654 (ACTIVE) - Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §3214, Ed L
Versions Introduced in Other Legislative Sessions:
2017-2018: S5325
2019-2020: S420
2021-2022: S5684

2023-S4654 (ACTIVE) - Summary

Authorizes the removal from a teacher's classroom of a violent pupil; establishes that 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.

2023-S4654 (ACTIVE) - Sponsor Memo

2023-S4654 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4654
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2023
                                ___________
 
 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, 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.
                                                            LBD08718-01-3

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