What's happening
This bill allows teachers to permanently remove violent students from their classrooms unless the teacher personally agrees to their return.
Why it matters
Empowers teachers with more control. over classroom safety by allowing them to permanently bar violent students from returning, which could significantly impact the classroom environment and teacher morale.
Shifts decision-making authority. from administrators to the individual teacher regarding the return of violent students, potentially changing the dynamics of how disciplinary issues are managed in schools.
May influence student behavior and school culture. by establishing a clearer, more severe consequence for acts of violence against teachers, possibly reducing such incidents but also raising concerns about due process and student rights.
Requires schools to provide alternative education. for removed students, ensuring continued access to learning, but may increase administrative and logistical demands on school districts.
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Who cares
Headline styles
Remove Violent Students
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to education
- Referred to education
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
420
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sen. LANZA -- 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 removal, from the classroom of a teacher, of violent pupils against such teacher
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The subdivision heading and the opening paragraph of subdivision 3-a of section 3214 of the education law, as added by chapter 181 of the laws of 2000, are amended to read as follows:
Teacher removal of a disruptive or violent pupil. In addition, any teacher shall have the power and authority to remove a disruptive or violent pupil, as defined in subdivision two-a of this section, from such teacher's classroom consistent with discipline measures contained in the code of conduct adopted by the board pursuant to section twentyeight hundred one of this chapter. The school authorities of any school district shall establish policies and procedures to ensure the provision of continued educational programming and activities for students removed from the classroom pursuant to this subdivision and provided further that nothing in this subdivision shall authorize the removal of a pupil in violation of any state or federal law or regulation. No pupil shall return to the classroom until the principal makes a final determination pursuant to paragraph c of this subdivision, or the period of removal expires, whichever is less; provided, further, that no violent pupil who commits an act of violence upon a teacher shall return to the teacher's classroom unless and until such teacher, in his or her sole discretion, grants his or her consent thereto.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05308-01-9
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 removal, from the classroom of a teacher, of violent pupils against such teacher
Purpose
Requires the removal from a teacher's classroom a pupil who commits an act of violence against the teacher and requires that no violent pupil who commits an act of violence shall return to the classroom unless such teacher grants his or her consent.
Summary of specific provisions
Section one amends section 3214, subdivision 3-a of the education law to establish removal of a pupil from a classroom who commits an act of violence on a teacher and provides that no such pupil shall return to the teacher's classroom without the teacher's consent.
Section two provides that the act shall take effect immediately.
Justification
Violent acts against a teacher should not be taken lightly. A teacher should never have to feel threatened or uncomfortable in his or her own classroom. This bill provides removal of a student from a classroom in the event that the student assaults the teacher. To guarantee a safe environment, this bill also requires that consent from the teacher is necessary before re-entry of the student into the classroom.
Prior legislative history
2018: S.5325-A - Referred to Education 2017: S.5325-A - Passed Senate
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.