S T A T E   O F   N E W   Y O R K
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                                  4662

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2011
                               ___________

Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
  Committee on Education

AN ACT to amend the education law and the  penal  law,  in  relation  to
  improving student safety at school functions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2 of the education law is amended by adding two new
subdivisions 20 and 21 to read as follows:
  20. SCHOOL PROPERTY. THE TERM "SCHOOL PROPERTY" MEANS IN OR WITHIN ANY
BUILDING, STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND, PARKING LOT  OR
LAND  CONTAINED  WITHIN  THE  REAL  PROPERTY  BOUNDARY  LINE OF A PUBLIC
ELEMENTARY OR SECONDARY SCHOOL; OR IN OR ON A SCHOOL BUS, AS DEFINED  IN
SECTION ONE HUNDRED FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW.
  21.  SCHOOL  FUNCTION. THE TERM "SCHOOL FUNCTION" MEANS A SCHOOL-SPON-
SORED EXTRA-CURRICULAR EVENT OR ACTIVITY, ON OR OFF SCHOOL PROPERTY.
  S 2. Paragraph a of subdivision 2-a of section 3214 of  the  education
law,  as added by chapter 181 of the laws of 2000, is amended to read as
follows:
  a. Violent pupil. For the purposes of this section, a violent pupil is
an elementary or secondary student under twenty-one years of age who:
  (1) commits an act of violence upon a teacher, administrator or  other
school employee;
  (2)  commits,  while  on  school  district  property  OR  AT  A SCHOOL
FUNCTION, an act of violence upon another student or  any  other  person
lawfully upon said property;
  (3)  possesses, while on school district property OR AT A SCHOOL FUNC-
TION, a gun, knife, explosive or incendiary  bomb,  or  other  dangerous
instrument capable of causing physical injury or death;
  (4)  displays,  while on school district property OR AT A SCHOOL FUNC-
TION, what appears to be a gun, knife, explosive or incendiary  bomb  or
other dangerous instrument capable of causing death or physical injury;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09060-01-1
              

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  (5)  threatens, while on school district property OR AT A SCHOOL FUNC-
TION, to use any instrument that appears  capable  of  causing  physical
injury or death;
  (6) knowingly and intentionally damages or destroys the personal prop-
erty  of a teacher, administrator, other school district employee or any
person lawfully upon school district property OR AT A  SCHOOL  FUNCTION;
or
  (7)  knowingly  and  intentionally damages or destroys school district
property.
  S 3. 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 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 subpara-
graph  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 and recommendations as
to the appropriate measure of  discipline  to  the  superintendent.  The
report  of  the  hearing  officer shall be advisory only, and the super-
intendent 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 superintendent of schools.
Where the basis for  the  suspension  is,  in  whole  or  in  part,  the
possession  on school grounds [or], school property OR AT A SCHOOL FUNC-
TION 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  proceeding  that  the  recovery  of  such weapon,
instrument or appliance was the result of an unlawful search or seizure.
  S 4. 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 has
been suspended in accordance with this subdivision by  a  superintendent

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of schools, district superintendent of schools, or community superinten-
dent,  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 adminis-
ter  oaths  and  to  issue  subpoenas in conjunction with the proceeding
before him. A record of the hearing shall be maintained, but  no  steno-
graphic  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 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 OR AT A
SCHOOL FUNCTION by the student of any firearm, rifle,  shotgun,  dagger,
dangerous  knife,  dirk,  razor, stiletto or any of the weapons, instru-
ments 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 appli-
ance as evidence, notwithstanding a determination by a court in a crimi-
nal or juvenile delinquency proceeding that the recovery of such weapon,
instrument or appliance was the result of an unlawful search or seizure.
  S 5. Section 3028-c of the education law, as added by chapter  181  of
the laws of 2000, is amended to read as follows:
  S  3028-c.  Protection of school employees who report acts of violence
and weapons possession. Any school employee having reasonable  cause  to
suspect  that  a  person has committed an act of violence while in or on
school property OR AT A SCHOOL FUNCTION, or having reasonable  cause  to
suspect  that  a person has committed an act of violence upon a student,
school employee or volunteer either upon school  grounds,  AT  A  SCHOOL
FUNCTION  or  elsewhere,  or  having  reasonable cause to suspect that a
person has brought a gun, knife, bomb or other instrument capable of  or
that  appears  capable  of  causing death or physical injury upon school
grounds OR AT A SCHOOL FUNCTION who in good faith reports such  informa-
tion  to  school  officials,  to the commissioner, or to law enforcement
authorities, shall have immunity from any civil liability that may arise
from the making of  such  report,  and  no  school  district  or  school
district  employee  shall  take,  request  or cause a retaliatory action
against any such employee who makes such report.
  S 6. Subdivision 10 of section 120.05 of the penal law,  as  added  by
chapter 181 of the laws of 2000, is amended to read as follows:
  10.  Acting at a place the person knows, or reasonably should know, is
on school grounds OR AT A SCHOOL FUNCTION and with intent to cause phys-
ical injury, he or she:
  (a) causes such injury to an employee of a  school  or  public  school
district; or
  (b)  not  being  a  student  of such school or public school district,
causes physical injury to another, and such other person is a student of
such school who is attending or present for  educational  purposes.  For
purposes  of  this  subdivision the term "school grounds" shall have the
meaning set forth in subdivision fourteen  of  section  220.00  of  this
[chapter] PART AND THE TERM "SCHOOL FUNCTION" SHALL HAVE THE MEANING SET
FORTH IN SUBDIVISION TWENTY-ONE OF SECTION TWO OF THE EDUCATION LAW.

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  S 7. This act shall take effect on the first of November next succeed-
ing  the  date  on  which  it shall have become a law; provided that the
amendments to subparagraph 1 of paragraph c of subdivision 3 of  section
3214  of  the  education  law made by section three 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  four  of this act shall take effect.
Provided further, however  that  effective  immediately,  the  addition,
amendment  and/or  repeal  of  any  rule or regulation necessary for the
implementation of this act on  its  effective  date  is  authorized  and
directed to be made and completed on or before such effective date.