What's happening
This bill allows New York school districts to prohibit gang-related clothing, symbols, or markings to promote school safety.
Why it matters
Empowers local school boards. to decide if prohibiting gang-related attire is necessary, allowing policies to be tailored to the specific needs and safety concerns of each district rather than imposing a one-size-fits-all mandate.
Broadly defines "gang-related" items. to include not just clothing, but also tattoos and certain styles of dress, which could impact how students express themselves and may raise questions about subjective enforcement.
Provides for non-suspension interventions. like mandatory counseling or community service as alternatives for students found in violation, potentially focusing on rehabilitation and continued education instead of immediate exclusion.
Requires due process protections. when implementing these policies, ensuring that students’ rights are safeguarded during disciplinary procedures and aligning with existing suspension laws.
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Who cares
School district boards
The bill would let boards adopt bans on gang-related apparel, markings or symbols if they determine a ban is necessary for school health, safety or security.
New York State education commissioner
The bill would direct the commissioner to develop rules and regulations authorizing these district policies.
School district superintendents
District policies could authorize superintendents to require counseling, community service or both as a condition of continued attendance.
Students wearing gang-related apparel or displaying gang-related markings
They could face district restrictions under policies that must include procedures meeting student suspension due process requirements.
Headline styles
Ban Gang Apparel in Schools
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to education
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4943
2017-2018 Regular Sessions
IN SENATE
March 3, 2017
Introduced by Sens. DIAZ, HAMILTON -- 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 authorizing school districts to establish policies prohibiting the wearing of gang-related apparel, markings or symbols
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 305 of the education law is amended by adding a new subdivision 56 to read as follows:
56. The commissioner is authorized and directed to develop rules and regulations authorizing the board of any school district to adopt a policy that prohibits students from wearing gang-related apparel, markings or symbols if the board of the school district determines that the policy is necessary for the health and safety, or security of the school environment. For the purpose of this subdivision, gang-related apparel, markings and symbols shall include, but not necessarily be limited to, clothing that contains a name or identifying sign, a symbol that promotes a criminal street gang, or a tattoo or other physical marking that is not covered with clothing, or style of dress that promotes a criminal street gang. Such school district policy may authorize the school district superintendent to mandate counseling or community service, or both, in order to continue attendance in the school district, provided that such policy contains a procedure that complies with due process requirements regarding student suspension provided in section thirty-two hundred fourteen of this chapter.
§ 2. Severability. If any provision of this act, or the application thereof to any person or circumstance, shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the provision of this act, or in its
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07141-01-7
S. 4943 2
application to the person or circumstance, directly involved in the controversy in which such judgment shall have been rendered.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the education law, in relation to authorizing school districts to establish policies prohibiting the wearing of gang-related apparel, markings or symbols
Purpose or general idea of bill
This bill would authorize school districts prohibit the wearing of gang related apparel, marking or symbols.
Summary of specific provisions
Section 1. Amends subdivision 305 of the Education Law. Adds a new subdivision 56. Authorizes the Commissioner to allow the board of any school district to establish a policy that prohibits students from wearing gang-related apparel, marking or symbols on school grounds.
Section 2. Severability Clause
Section 3. Effective Date
Existing law
None
Justification
Children learn best if they feel safe in their learning communities. This legislation would authorize school districts to create such an environment by disallowing symbols and/or apparel generally associated with gang membership.
Prior legislative history
2016: S.135A - AMEND AND RECOMMIT TO EDUCATION 2015: S.135 - REFERRED TO EDUCATION 2014: S.384A - Amend and Recommit to Education 2013: S.346 - Referred to Education 2012: S.305-A Amend and Recommit to Education 2011: S.305 - Defeated in Education 2009-10: S.2214 - Referred to Education/A.304 - Enacting Clause Stricken 2007-08: S.1637 - Referred to Education/A.1627- Referred to Education 2006: S.6758 - Referred to Education/A.10124 - Held for Consideration in Education
Fiscal implications
To be determined.
Effective date
This act shall take effect on the ninetieth day after it shall become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.