NY State Senate Bill 2011-S1176

Senate Bill S1176

2011-2012 Legislative Session

Requires school districts and boards of cooperative educational services to immediately report bias related offenses to law enforcement agencies

download bill text pdf

Archive: Last 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to education
Jan 05, 2011	referred to education

2011-S1176 (ACTIVE) - Details

See Assembly Version of this Bill:: A3713
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §3214-a, Ed L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S8199, A4191
2013-2014: S1640, A6132
2015-2016: S1727, A4472
2017-2018: S3649, A5278
2019-2020: S4781
2021-2022: S5076
2023-2024: S6367

2011-S1176 (ACTIVE) - Summary

Requires school districts and boards of cooperative educational services to immediately report bias related offenses to law enforcement agencies.

2011-S1176 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1176

TITLE OF BILL:
An act
to amend the education law, in relation to requiring school district and
board of cooperative educational services officials to report bias
related offenses to law enforcement agencies

PURPOSE OR GENERAL IDEA OF BILL:
This bill would amend the education law by adding a new section -
3214a - to it. The act would require school districts and board of
cooperative educational services officials to report bias related
offenses to law enforcement agencies.

SUMMARY OF SPECIFIC PROVISIONS:
Paragraph 1 of this bill states that upon the receipt of a complaint
alleging a bias related crime committed on the property of a school
district or board of cooperative educational services, a teacher,
administrator, or any other employee of such school district or board
of cooperative educational services shall immediately report the
alleged commission of such bias related offense to a law enforcement
agency having jurisdiction over such offense. The bill also mandates
that each school district or board of cooperative educational
services shall cooperate with any law enforcement agency
investigating and prosecuting a bias related offense.

Paragraph 2 defines a "bias related offense" as: any offense, which if
committed by an adult, would constitute a hate crime as defined in
subdivision one of section 485.05 of the penal law.

Paragraph 3 directs the commissioner to promulgate and distribute to
every school district and board of cooperative educational services
such rules and regulations as shall be necessary to implement the
provisions of this section and ensure compliance therewith.

JUSTIFICATION:
In the past, school districts and board of cooperative educational
services have used various-and at times arbitrary-standards and
methods of dealing with complaints of bias related crimes. This
legislation set up a standard process of dealing with such
complaints. The bill does not prevent the school from investigating
complaints of bias related crimes on its own and at the same time
involves the appropriate application of law enforcement in such an
important and sensitive matter.

This legislation is another step in maintaining our state's commitment
to educating our children. The bill will help secure our schools and
assist educators dealing with a very dangerous issue faced by schools
throughout New York State.

PRIOR LEGISLATIVE HISTORY:
2009-10:  S.8199/A.4191 - Referred to Rules/Referred to Education
2007-08   A.4273 - Referred to Education
2005-06   A.11659 - Referred to Education

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:
This act shall take effect immediately, except that subdivision 1 of
section 3214-a of the education law, as added by section one of this
act, shall take effect on the first of September next succeeding date
on which it shall have become a law.

2011-S1176 (ACTIVE) - Bill Text download pdf

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

                                  1176

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             January 5, 2011
                               ___________

Introduced  by  Sen.  PARKER -- 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  requiring  school
  district  and  board  of cooperative educational services officials to
  report bias related offenses to law enforcement agencies

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

  Section 1. The education law is amended by adding a new section 3214-a
to read as follows:
  S  3214-A.  REPORTS  OF  BIAS-RELATED OFFENSES. 1. NOTWITHSTANDING ANY
PROVISION OF THIS CHAPTER TO THE CONTRARY, UPON RECEIPT  BY  A  TEACHER,
ADMINISTRATOR OR OTHER EMPLOYEE OF A SCHOOL DISTRICT OR BOARD OF COOPER-
ATIVE  EDUCATIONAL SERVICES OF ANY REPORT OF THE ALLEGED COMMISSION OF A
BIAS RELATED OFFENSE COMMITTED UPON THE PROPERTY OF SUCH SCHOOL DISTRICT
OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, THE TEACHER, ADMINISTRATOR
OR OTHER EMPLOYEE SHALL IMMEDIATELY REPORT  THE  ALLEGED  COMMISSION  OF
SUCH  BIAS  RELATED OFFENSE TO A LAW ENFORCEMENT AGENCY HAVING JURISDIC-
TION OVER SUCH OFFENSE. EACH SCHOOL DISTRICT  OR  BOARD  OF  COOPERATIVE
EDUCATIONAL  SERVICES  SHALL  COOPERATE  WITH ANY LAW ENFORCEMENT AGENCY
INVESTIGATING AND PROSECUTING A BIAS RELATED OFFENSE.
  2. FOR THE PURPOSES OF THIS SECTION, "BIAS RELATED OFFENSE" SHALL MEAN
ANY OFFENSE, WHICH IF COMMITTED BY AN ADULT,  WOULD  CONSTITUTE  A  HATE
CRIME AS DEFINED IN SUBDIVISION ONE OF SECTION 485.05 OF THE PENAL LAW.
  3.  THE  COMMISSIONER  SHALL PROMULGATE AND DISTRIBUTE TO EVERY SCHOOL
DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES  SUCH  RULES  AND
REGULATIONS  AS  SHALL  BE NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS
SECTION AND ENSURE COMPLIANCE THEREWITH.
  S 2. This act shall take effect immediately, except that subdivision 1
of section 3214-a of the education law, as added by section one of  this
act,  shall  take  effect  on the first of September next succeeding the
date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01727-01-1

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