Relates to involuntary transfer of violent or disruptive pupils

Title of bill

An act to amend the education law, in relation to involuntary transfer of violent or disruptive pupils

Purpose

To permit the transfer of a disruptive or violent student for disciplinary reasons.

Summary of provisions

Section one authorizes the board of education, board of trustees, the superintendent of schools, district superintendent of schools or principal of a school to involuntary transfer disruptive or violent students from their current classroom setting to a more appropriate educational setting in another school.

Section two provides that a transferred student and the person in parental relation to such student must have an opportunity for a fair hearing.

Section three clarifies that involuntary transfer for purposes of disciplining a student is excluded from the definition of involuntary transfer pursuant to Section 3214(5)(a).

Existing law

Current law provides for the involuntary transfer of student only when such transfer would benefit the student. Involuntary transfer can not be used as a disciplinary measure.

Justification

As a result of the Safe Schools Against Violence in Education Act (Chapter 181, L. 2000), schools are developing alternative education methods and sites to deal with disruptive students. Yet under existing law, disruptive and/or violent students are only allowed to receive a series of suspensions; a situation that is unhealthy for both the disruptive student and his/her classmates,

In Appeal of Lamar Reeves, Sr., Decision No. 13,857, the State Education Commissioner interpreted Section 3214(5) of the Education Law as authorizing the involuntary transfer of a student, who has not been determined to have a handicapping condition, only when such student would benefit from the transfer. Further, the Commissioner specifies that "a transfer is not an authorized penalty in student discipline cases under Education Law 3214."

This bill allows principals to transfer students to a more appropriate educational setting in another school, thereby giving them an alternative to suspending a student. As with suspension, a student to be transferred for disciplinary reasons and the person in parental relation to the student have the opportunity for a fair hearing.

Legislative history

S.1093 (07-08), passed Senate S.3678 (05-06), passed Senate S.5324 ( 03-04), passed Senate

Fiscal implications

None

Effective date

This act shall take effect on the first of September after it has become law.