S00305 Summary:

BILL NOS00305A
 
SAME ASNo same as
 
SPONSORDIAZ
 
COSPNSR
 
MLTSPNSR
 
Amd S305, Ed L
 
Authorizes school districts to establish policies prohibiting the wearing of gang-related apparel, markings or symbols.
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S00305 Actions:

BILL NOS00305A
 
01/05/2011REFERRED TO EDUCATION
02/22/2011NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
03/29/2011DEFEATED IN EDUCATION
01/04/2012REFERRED TO EDUCATION
01/05/2012AMEND AND RECOMMIT TO EDUCATION
01/05/2012PRINT NUMBER 305A
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S00305 Floor Votes:

There are no votes for this bill in this legislative session.
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S00305 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         305--A
 
                               2011-2012 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 5, 2011
                                       ___________
 
        Introduced  by  Sen.  DIAZ  --  read twice and ordered printed, and when
          printed to be committed to the Committee on Education  --  recommitted
          to the Committee on Education in accordance with Senate Rule 6, sec. 8
          --  committee  discharged,  bill amended, ordered reprinted as amended

          and recommitted to said committee
 
        AN ACT to amend the education law, in  relation  to  authorizing  school
          districts to establish policies prohibiting the wearing of gang-relat-
          ed apparel, markings or symbols
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 305 of the education law is amended by adding a new
     2  subdivision 43 to read as follows:
     3    43. The commissioner is authorized and directed to develop  rules  and
     4  regulations  authorizing  the  board  of  any school district to adopt a
     5  policy that prohibits students from wearing gang-related apparel,  mark-
     6  ings  or symbols if the board of the school district determines that the
     7  policy is necessary for the health and safety, or security of the school

     8  environment. For the purpose of this subdivision, gang-related  apparel,
     9  markings  and  symbols shall include, but not necessarily be limited to,
    10  clothing that contains  a  name  or  identifying  sign,  a  symbol  that
    11  promotes  a  criminal street gang, or a tattoo or other physical marking
    12  that is not covered with clothing, or style of  dress  that  promotes  a
    13  criminal  street  gang.  Such  school  district policy may authorize the
    14  school  district  superintendent  to  mandate  counseling  or  community
    15  service,  or  both,  in  order  to  continue  attendance  in  the school
    16  district, provided that such policy contains a procedure  that  complies
    17  with  due  process requirements regarding student suspension provided in

    18  section thirty-two hundred fourteen of this chapter.
    19    § 2. Severability. If any provision of this act,  or  the  application
    20  thereof to any person or circumstance, shall be adjudged by any court of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01866-02-1

        S. 305--A                           2
 
     1  competent  jurisdiction to be invalid or unconstitutional, such judgment
     2  shall not affect, impair or invalidate the remainder thereof, but  shall
     3  be  confined  in  its  operation to the provision of this act, or in its
     4  application  to  the  person  or  circumstance, directly involved in the
     5  controversy in which such judgment shall have been rendered.

     6    § 3. This act shall take effect on the ninetieth day  after  it  shall
     7  have become a law.
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