S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6744
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               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:

   Section 1. Section 4111 of the education law is  amended  to  read  as
 follows:
   § 4111. Arrest  of truants.  Any attendance officer may arrest without
 warrant anywhere within the state  any  Indian  child  between  six  and
 sixteen  years of age, found away from his home and who is then a truant
 from instruction upon which he is lawfully required to attend within the
 districts of which such attendance officer has jurisdiction.   He  shall
 forthwith  deliver  a child so arrested either to the person in parental
 relation to the child, or to the teacher of the school from  which  said
 child  is  then  a  truant,  or  in  case  of habitual [or incorrigible]
 truants, shall bring them before a magistrate for commitment to a school
 for delinquents, as provided in section forty-one hundred twelve OF THIS
 ARTICLE.
   § 2. Section 4707 of the education law is amended to read as follows:
   § 4707. Children admitted to such school.    Children  not  more  than
 eighteen nor less than eight years of age may be admitted to or received
 in such school, either (1) upon the application of the parents or guard-
 ians  having  the legal custody or control of such children, accompanied
 by the written consent of such parents or guardians, or (2) upon commit-
 ment thereto as truants [or incorrigible pupils as provided  in  section
 thirty-two  hundred  fourteen  of  this chapter,] or (3) upon commitment
 thereto as juvenile delinquents as provided by law, provided that  chil-
 dren convicted of crime shall not be committed to such school.  Children
 who  have no homes or who are without proper parental control or who are
 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
 
 in  the  same  manner  and  under the same authority as in case of other
 children who are improperly provided for at home.
   §  3. Subdivision 2 of section 4807 of the education law is amended to
 read as follows:
   2. Truants[, incorrigible pupils] or children coming within any of the
 descriptions mentioned in section thirty-two hundred  fourteen  of  this
 chapter upon commitment thereto either by the school authorities or by a
 court having jurisdiction thereof.
   §  4.  Section 4809 of the education law, as amended by chapter 550 of
 the laws of 1978, is amended to read as follows:
   § 4809. Transfer of pupils. The board  of  managers  shall  have  full
 power  to transfer to other institutions any child [committed by a court
 found to be incorrigible, not amenable to proper discipline and training
 of the school, or mentally retarded, in the manner and  by  the  methods
 prescribed  and set forth in the penal law] IF A COURT GRANTS A PETITION
 FOR TRANSFER PURSUANT TO SECTION  SEVEN  HUNDRED  SEVENTY-THREE  OF  THE
 FAMILY COURT ACT.
   § 5. This act shall take effect immediately.