Senator Saland's Legislation Passed To Allow For Involuntary Transfer Of Violent Or Disruptive Students

Stephen M. Saland

March 06, 2006

Senator Steve Saland (R,C Poughkeepsie) today announced that the Senate passed his legislation (S.3678) that will allow violent or disruptive students to be transferred for disciplinary reasons into a different educational setting to benefit both them and their classmates.

"This legislation would permit school officials to transfer violent or severely disruptive students as an alternative disciplinary measure, while also putting safeguards in place that would give the parents of a disruptive student the opportunity for a fair hearing," said Senator Saland. Passage of this legislation leaves schools with more choices to help the disruptive student move to a more suitable location, while providing all students with an environment more conducive to learning."

Since the Safe Schools Against Violence in Education Act was enacted in 2001, many schools have developed alternative educational methods and sites to deal with disruptive students. However, current law does not allow for disruptive students to be transferred to other schools because of disciplinary reasons. In fact, schools presently may only give disruptive students a series of suspensions. Senator Saland’s bill would remedy this situation by providing schools with an alternative to suspension.

Under the new legislation, the School Board, the Superintendent of Schools, or the principal of a school would be authorized to involuntarily transfer violent and disruptive students to a more appropriate educational setting in another school.

The legislation was sent to the Assembly for consideration.