Provides for the regulation of conduct on school property and at school-authorized activities

Title of bill

An act to amend the education law, in relation to conduct on school property and at school-authorized activities

Purpose

The purpose of this legislation is to amend "Project SAVE, Safe Schools Against Violence in Education Act" (SAVE act) to expand the provisions of the act to similarly promote a safer and more effective learning environment for children who participate in school-authorized functions.

Summary of provisions

Section one would add a new subdivision 20 to Section 2 (Definitions section) of the Education Law to define the term "school-authorized activity" as any activity which is clearly connected to a school or program and has been authorized by the board of education, the board of trustees, a superintendent of schools, a district superintendent, a principal or the designee of any such person, and shall include but not be limited to, school functions, athletic events, field trips, playground activities, and school-sponsored extracurricular events or activities. Provided that for purposes of reporting crime alleged to have occurred during school authorized activity, such reports shall be made to the local law enforcement agency or precinct which has jurisdiction of the location where the crime is alleged to have occurred.

Section two would amend section 2801 of the education law to expand the circumstances under which a school's code of conduct shall apply to include a school-authorized activity.

Sections three, four, five, and six would amend section 3214 of the education law which concerns student placement, suspensions and transfers to include acts occurring while participating at a school authorized activity. Current law addresses actions on school grounds or school property.

Section seven would amend section 3028-c of the education law to expand the immunity provision for any school employee who in good faith reports an act of violence while participating in a school-authorized activity as well as on school property or who reports that a student possesses a certain instrument capable of causing death or physical injury while participating at a school-authorized activity as well as upon school grounds.

Section eight is an effective date section.

Existing law

In 2000, the Governor and the Legislature enacted a comprehensive plan, known as the "Safe Schools Against Violence in Education" ("Project SAVE") to address codes of conduct, requirements for reporting incidents of violence on school grounds and in school buildings.

The SAVE act currently addresses actions by students and school personnel on school property or at school-sponsored extra- curricular events or activities. This bill expands the SAVE act to promote a safer and more effective learning environment for children who participate in school-authorized functions. School-sponsored extracurricular events or activities are included within the definition of school-authorized activity. This legislation would clarify existing law to clearly state that the provisions of the SAVE act shall also apply to all school authorized activities as well as those that are school-sponsored. LEGISLATIVE HISTORY : 2007-2008 Passed the Senate (S.4307-B/A.7068-B)

2005 Passed Senate, 2006 Education Committee (S.3425/A9320)

Fiscal implications

None.

Effective date

This act would take effect on the first of July next succeeding the date on which it shall have become a law with certain provisions for the various sections amended.