Authorizes the removal from a teacher's classroom of a violent pupil; establishes that such pupil shall only return to the classroom with the consent of the teacher if the pupil committed an act of violence against a teacher.
STATE OF NEW YORK
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4654
2023-2024 Regular Sessions
IN SENATE
February 13, 2023
___________
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 Assem-bly, do enact as follows:
1 Section 1. The subdivision heading and the opening paragraph of subdi-
2 vision 3-a of section 3214 of the education law, as added by chapter 181
3 of the laws of 2000, are amended to read as follows:
4 Teacher removal of a disruptive or violent pupil. In addition, any
5 teacher shall have the power and authority to remove a disruptive or
6 violent pupil, as defined in subdivision two-a of this section, from
7 such teacher's classroom consistent with discipline measures contained
8 in the code of conduct adopted by the board pursuant to section twenty-
9 eight hundred one of this chapter. The school authorities of any school
10 district shall establish policies and procedures to ensure the provision
11 of continued educational programming and activities for students removed
12 from the classroom pursuant to this subdivision and provided further
13 that nothing in this subdivision shall authorize the removal of a pupil
14 in violation of any state or federal law or regulation. No pupil shall
15 return to the classroom until the principal makes a final determination
16 pursuant to paragraph c of this subdivision, or the period of removal
17 expires, whichever is less; provided, further, that no violent pupil who
18 commits an act of violence upon a teacher shall return to the teacher's
19 classroom unless and until such teacher, in his or her sole discretion,
20 grants his or her consent thereto.
21 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08718-01-3