Bill Text: NY S06744 | 2021-2022 | General Assembly | Introduced

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Bill Title: Removes the term incorrigible from certain sections of the education law.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2022-02-16 - SUBSTITUTED BY A7981 [S06744 Detail]

Download: New_York-2021-S06744-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          6744

                               2021-2022 Regular Sessions

                    IN SENATE

                                      May 13, 2021
                                       ___________

        Introduced  by  Sen. SALAZAR -- 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  removing  the  term
          incorrigible

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 4111 of the education law is  amended  to  read  as
     2  follows:
     3    § 4111. Arrest  of truants.  Any attendance officer may arrest without
     4  warrant anywhere within the state  any  Indian  child  between  six  and
     5  sixteen  years of age, found away from his home and who is then a truant
     6  from instruction upon which he is lawfully required to attend within the
     7  districts of which such attendance officer has jurisdiction.   He  shall
     8  forthwith  deliver  a child so arrested either to the person in parental
     9  relation to the child, or to the teacher of the school from  which  said
    10  child  is  then  a  truant,  or  in  case  of habitual [or incorrigible]
    11  truants, shall bring them before a magistrate for commitment to a school
    12  for delinquents, as provided in section forty-one hundred twelve of this
    13  article.
    14    § 2. Section 4707 of the education law is amended to read as follows:
    15    § 4707. Children admitted to such school.    Children  not  more  than
    16  eighteen nor less than eight years of age may be admitted to or received
    17  in such school, either (1) upon the application of the parents or guard-
    18  ians  having  the legal custody or control of such children, accompanied
    19  by the written consent of such parents or guardians, or (2) upon commit-
    20  ment thereto as truants [or incorrigible pupils as provided  in  section
    21  thirty-two  hundred  fourteen  of  this chapter,] or (3) upon commitment
    22  thereto as juvenile delinquents as provided by law, provided that  chil-
    23  dren convicted of crime shall not be committed to such school.  Children
    24  who  have no homes or who are without proper parental control or who are
    25  under improper guardianship may be sent to and received in such  school,

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10630-01-1
        S. 6744                             2

     1  in  the  same  manner  and  under the same authority as in case of other
     2  children who are improperly provided for at home.
     3    §  3. Subdivision 2 of section 4807 of the education law is amended to
     4  read as follows:
     5    2. Truants[, incorrigible pupils] or children coming within any of the
     6  descriptions mentioned in section thirty-two hundred  fourteen  of  this
     7  chapter upon commitment thereto either by the school authorities or by a
     8  court having jurisdiction thereof.
     9    §  4.  Section 4809 of the education law, as amended by chapter 550 of
    10  the laws of 1978, is amended to read as follows:
    11    § 4809. Transfer of pupils. The board  of  managers  shall  have  full
    12  power  to transfer to other institutions any child [committed by a court
    13  found to be incorrigible, not amenable to proper discipline and training
    14  of the school, or mentally retarded, in the manner and  by  the  methods
    15  prescribed  and set forth in the penal law] if a court grants a petition
    16  for transfer pursuant to section  seven  hundred  seventy-three  of  the
    17  family court act.
    18    § 5. This act shall take effect immediately.