Relates to the imposition of community service for students in place of or in conjunction with suspension

Existing law

Section 3214(3)(b) of the Education Law authorizes a school board, superintendent or principal to suspend a pupil for up to 5 days.

Section 3214(3)(c) of the Education Law authorizes a school superintendent to suspend a pupil for more than 5 days.

Justification

Under the current law, school principals may impose a variety of penalties to students who violate the Code of Conduct, including detentions, in-school suspensions, suspensions from activities, and out-of-school suspensions for a period of up to 5 days. Principals have wide discretion in making these determinations. However, when a student commits a significant violation of the Code of Conduct that leads to a hearing before the Superintendent of Schools, the only penalty that a Superintendent may impose is an out-of-school suspension of more than 5 days.

Under certain circumstances, it is prudent to remove students from school in order to protect and preserve the safety and continuity of the learning environment for other students. However, in other cases, an alternative disciplinary approach may be preferable.

Over the years, a number of schools have sought to impose community service as an alternative to out-of-school suspensions. However, the Education Department has noted in several rulings that school districts do not have the statutory authority under Section 3214 of the Education Law to require a student to perform community service as part of a disciplinary measure, even if the parents and student have agreed to such a requirement. This bill would give school districts the explicit authority to impose such a community service requirement.

While suspensions may be justified and needed in many circumstances, community service may be a more appropriate disciplinary option in other cases. Importantly, community service does not detract from classroom time, thereby ensuring that the student continues to receive an education. A prolonged absence from school may significantly undermine the viability of the educational program of the suspended

students. This is true even when the students are provided an alternative learning setting as provided by law.

Furthermore, the threat of suspension can sometimes be counterproductive. Some students do not view it as a punishment but as a "vacation" from school. Because community service requires the student to commit their own personal time, it is more likely to make a greater impression on them.

In addition, community service can be a learning tool and can offer a more constructive and productive experience for both the student and the community. It also enables the school to fashion a more appropriate and relevant response based on the nature of a violation.

Prior legislative history

Similar to 5.5405 which passed the Senate in 2015, and to S.6282 which passed the Senate in 2014.

Fiscal implications

None

Effective date

Immediately