Bill Text: NY S00420 | 2019-2020 | General Assembly | Introduced
Bill Title: 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.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO EDUCATION [S00420 Detail]
Download: New_York-2019-S00420-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 420 2019-2020 Regular Sessions IN SENATE (Prefiled) January 9, 2019 ___________ 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: 1 Section 1. The subdivision heading and the opening paragraph of subdi- 2 vision 3-a of section 3214 of the education law, as added by chapter 181 3 of the laws of 2000, are amended to read as follows: 4 Teacher removal of a disruptive or violent pupil. In addition, any 5 teacher shall have the power and authority to remove a disruptive or 6 violent pupil, as defined in subdivision two-a of this section, from 7 such teacher's classroom consistent with discipline measures contained 8 in the code of conduct adopted by the board pursuant to section twenty- 9 eight hundred one of this chapter. The school authorities of any school 10 district shall establish policies and procedures to ensure the provision 11 of continued educational programming and activities for students removed 12 from the classroom pursuant to this subdivision and provided further 13 that nothing in this subdivision shall authorize the removal of a pupil 14 in violation of any state or federal law or regulation. No pupil shall 15 return to the classroom until the principal makes a final determination 16 pursuant to paragraph c of this subdivision, or the period of removal 17 expires, whichever is less; provided, further, that no violent pupil who 18 commits an act of violence upon a teacher shall return to the teacher's 19 classroom unless and until such teacher, in his or her sole discretion, 20 grants his or her consent thereto. 21 § 2. This act shall take effect immediately. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05308-01-9
