S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3015
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 23, 2013
                                      ___________
       Introduced by M. of A. McDONOUGH, STEVENSON -- read once and referred to
         the Committee on Education
       AN  ACT  to  amend  the  education law and the penal law, in relation to
         improving student safety at school functions
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 2 of the education law is amended by adding two new
    2  subdivisions 20 and 21 to read as follows:
    3    20. SCHOOL PROPERTY. THE TERM "SCHOOL PROPERTY" MEANS IN OR WITHIN ANY
    4  BUILDING,  STRUCTURE, ATHLETIC PLAYING FIELD, PLAYGROUND, PARKING LOT OR
    5  LAND CONTAINED WITHIN THE  REAL  PROPERTY  BOUNDARY  LINE  OF  A  PUBLIC
    6  ELEMENTARY  OR SECONDARY SCHOOL; OR IN OR ON A SCHOOL BUS, AS DEFINED IN
    7  SECTION ONE HUNDRED FORTY-TWO OF THE VEHICLE AND TRAFFIC LAW.
    8    21. SCHOOL FUNCTION. THE TERM "SCHOOL FUNCTION" MEANS  A  SCHOOL-SPON-
    9  SORED EXTRA-CURRICULAR EVENT OR ACTIVITY, ON OR OFF SCHOOL PROPERTY.
   10    S  2.  Paragraph a of subdivision 2-a of section 3214 of the education
   11  law, as added by chapter 181 of the laws of 2000, is amended to read  as
   12  follows:
   13    a. Violent pupil. For the purposes of this section, a violent pupil is
   14  an elementary or secondary student under twenty-one years of age who:
   15    (1)  commits an act of violence upon a teacher, administrator or other
   16  school employee;
   17    (2) commits,  while  on  school  district  property  OR  AT  A  SCHOOL
   18  FUNCTION,  an  act  of violence upon another student or any other person
   19  lawfully upon said property;
   20    (3) possesses, while on school district property OR AT A SCHOOL  FUNC-
   21  TION,  a  gun,  knife,  explosive or incendiary bomb, or other dangerous
   22  instrument capable of causing physical injury or death;
   23    (4) displays, while on school district property OR AT A  SCHOOL  FUNC-
   24  TION,  what  appears to be a gun, knife, explosive or incendiary bomb or
   25  other dangerous instrument capable of causing death or physical injury;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02117-01-3
       A. 3015                             2
    1    (5) threatens, while on school district property OR AT A SCHOOL  FUNC-
    2  TION,  to  use  any  instrument that appears capable of causing physical
    3  injury or death;
    4    (6) knowingly and intentionally damages or destroys the personal prop-
    5  erty  of a teacher, administrator, other school district employee or any
    6  person lawfully upon school district property OR AT A  SCHOOL  FUNCTION;
    7  or
    8    (7)  knowingly  and  intentionally damages or destroys school district
    9  property.
   10    S 3. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of
   11  the education law, as amended by chapter 430 of the  laws  of  2006,  is
   12  amended to read as follows:
   13    (1)  No  pupil  may be suspended for a period in excess of five school
   14  days unless such pupil and the person in parental relation to such pupil
   15  shall have had an  opportunity  for  a  fair  hearing,  upon  reasonable
   16  notice,  at  which  such pupil shall have the right of representation by
   17  counsel, with the right to question witnesses against such pupil and  to
   18  present  witnesses  and  other  evidence on his or her behalf. Where the
   19  pupil is a student with a disability or a student  presumed  to  have  a
   20  disability, the provisions of paragraph g of this subdivision shall also
   21  apply. Where a pupil has been suspended in accordance with this subpara-
   22  graph  by  a  superintendent  of  schools,  district  superintendent  of
   23  schools,  or  community   superintendent,   the   superintendent   shall
   24  personally  hear  and  determine  the  proceeding  or may, in his or her
   25  discretion, designate a hearing officer  to  conduct  the  hearing.  The
   26  hearing  officer  shall  be  authorized to administer oaths and to issue
   27  subpoenas in conjunction with the proceeding before him or her. A record
   28  of the hearing shall be maintained, but no stenographic transcript shall
   29  be required and a tape recording shall be deemed a satisfactory  record.
   30  The  hearing  officer shall make findings of fact and recommendations as
   31  to the appropriate measure of  discipline  to  the  superintendent.  The
   32  report  of  the  hearing  officer shall be advisory only, and the super-
   33  intendent may accept all or any part thereof. An appeal  will  lie  from
   34  the  decision  of the superintendent to the board of education who shall
   35  make its decision solely upon the record before it. The board may  adopt
   36  in  whole  or  in  part  the  decision of the superintendent of schools.
   37  Where the basis for  the  suspension  is,  in  whole  or  in  part,  the
   38  possession  on school grounds [or], school property OR AT A SCHOOL FUNC-
   39  TION by the student of any firearm, rifle,  shotgun,  dagger,  dangerous
   40  knife,  dirk,  razor,  stiletto  or  any  of the weapons, instruments or
   41  appliances specified in subdivision one of section 265.01 of  the  penal
   42  law,  the  hearing  officer  or  superintendent shall not be barred from
   43  considering the admissibility of such weapon, instrument or appliance as
   44  evidence, notwithstanding a determination by a court in  a  criminal  or
   45  juvenile  delinquency  proceeding  that  the  recovery  of  such weapon,
   46  instrument or appliance was the result of an unlawful search or seizure.
   47    S 4. Subparagraph 1 of paragraph c of subdivision 3 of section 3214 of
   48  the education law, as amended by chapter 380 of the  laws  of  2001,  is
   49  amended to read as follows:
   50    (1)  No  pupil  may be suspended for a period in excess of five school
   51  days unless such pupil and the person in parental relation to such pupil
   52  shall have had an  opportunity  for  a  fair  hearing,  upon  reasonable
   53  notice,  at  which  such pupil shall have the right of representation by
   54  counsel, with the right to question witnesses against such pupil and  to
   55  present  witnesses  and  other evidence on his behalf. Where a pupil has
   56  been suspended in accordance with this subdivision by  a  superintendent
       A. 3015                             3
    1  of schools, district superintendent of schools, or community superinten-
    2  dent,  the  superintendent  shall  personally  hear  and  determine  the
    3  proceeding or may, in his discretion, designate  a  hearing  officer  to
    4  conduct the hearing. The hearing officer shall be authorized to adminis-
    5  ter  oaths  and  to  issue  subpoenas in conjunction with the proceeding
    6  before him. A record of the hearing shall be maintained, but  no  steno-
    7  graphic  transcript  shall  be  required  and  a tape recording shall be
    8  deemed a satisfactory record. The hearing officer shall make findings of
    9  fact and recommendations as to the appropriate measure of discipline  to
   10  the  superintendent. The report of the hearing officer shall be advisory
   11  only, and the superintendent may accept all  or  any  part  thereof.  An
   12  appeal  will lie from the decision of the superintendent to the board of
   13  education who shall make its decision solely upon the record before  it.
   14  The  board may adopt in whole or in part the decision of the superinten-
   15  dent of schools. Where the basis for the suspension is, in whole  or  in
   16  part,  the  possession  on  school grounds [or], school property OR AT A
   17  SCHOOL FUNCTION by the student of any firearm, rifle,  shotgun,  dagger,
   18  dangerous  knife,  dirk,  razor, stiletto or any of the weapons, instru-
   19  ments or appliances specified in subdivision one of  section  265.01  of
   20  the penal law, the hearing officer or superintendent shall not be barred
   21  from  considering the admissibility of such weapon, instrument or appli-
   22  ance as evidence, notwithstanding a determination by a court in a crimi-
   23  nal or juvenile delinquency proceeding that the recovery of such weapon,
   24  instrument or appliance was the result of an unlawful search or seizure.
   25    S 5. Section 3028-c of the education law, as added by chapter  181  of
   26  the laws of 2000, is amended to read as follows:
   27    S  3028-c.  Protection of school employees who report acts of violence
   28  and weapons possession. Any school employee having reasonable  cause  to
   29  suspect  that  a  person has committed an act of violence while in or on
   30  school property OR AT A SCHOOL FUNCTION, or having reasonable  cause  to
   31  suspect  that  a person has committed an act of violence upon a student,
   32  school employee or volunteer either upon school  grounds,  AT  A  SCHOOL
   33  FUNCTION  or  elsewhere,  or  having  reasonable cause to suspect that a
   34  person has brought a gun, knife, bomb or other instrument capable of  or
   35  that  appears  capable  of  causing death or physical injury upon school
   36  grounds OR AT A SCHOOL FUNCTION who in good faith reports such  informa-
   37  tion  to  school  officials,  to the commissioner, or to law enforcement
   38  authorities, shall have immunity from any civil liability that may arise
   39  from the making of  such  report,  and  no  school  district  or  school
   40  district  employee  shall  take,  request  or cause a retaliatory action
   41  against any such employee who makes such report.
   42    S 6. Subdivision 10 of section 120.05 of the penal law,  as  added  by
   43  chapter 181 of the laws of 2000, is amended to read as follows:
   44    10.  Acting at a place the person knows, or reasonably should know, is
   45  on school grounds OR AT A SCHOOL FUNCTION and with intent to cause phys-
   46  ical injury, he or she:
   47    (a) causes such injury to an employee of a  school  or  public  school
   48  district; or
   49    (b)  not  being  a  student  of such school or public school district,
   50  causes physical injury to another, and such other person is a student of
   51  such school who is attending or present for  educational  purposes.  For
   52  purposes  of  this  subdivision the term "school grounds" shall have the
   53  meaning set forth in subdivision fourteen  of  section  220.00  of  this
   54  [chapter] PART AND THE TERM "SCHOOL FUNCTION" SHALL HAVE THE MEANING SET
   55  FORTH IN SUBDIVISION TWENTY-ONE OF SECTION TWO OF THE EDUCATION LAW.
       A. 3015                             4
    1    S 7. This act shall take effect on the first of November next succeed-
    2  ing  the  date  on  which  it shall have become a law; provided that the
    3  amendments to subparagraph 1 of paragraph c of subdivision 3 of  section
    4  3214  of  the  education  law made by section three of this act shall be
    5  subject to the expiration and reversion of such subparagraph pursuant to
    6  section 8 of chapter 430 of the laws of 2006, as amended, when upon such
    7  date  the  provisions  of  section  four  of this act shall take effect.
    8  Provided further, however  that  effective  immediately,  the  addition,
    9  amendment  and/or  repeal  of  any  rule or regulation necessary for the
   10  implementation of this act on  its  effective  date  is  authorized  and
   11  directed to be made and completed on or before such effective date.