Steven Sanders
Chair, Committee on Education

Roger Green
Chair, Committee on Children & Families

Susan John
Chair, Majority Steering Committee

To protect students and staff and ensure a safe climate for learning, this law contains new initiatives with regard to student suspensions, codes of conduct, and school safety plans. While the law went into effect on November 1, 2000, school districts are not required to comply with most of the requirements until July 1, 2001. Below is a brief summary of this new law:

• Violent students must be immediately removed from the classroom and the superintendent's suspension process must be automatically triggered.
• All school districts and BOCES are now statutorily required to adopt a code of conduct.
• Schools must establish safety plans addressing the security needs of students and employees.
• Schools or school districts must be notified when a student is returning from the juvenile justice system.
• Students who are released or conditionally released from a facility, must be given a plan to ensure prompt enrollment in an educational program.
• Schools must collect information on violent incidents in a standardized manner.
• The Board of Regents must create guidelines to implement character and civility education, and such instruction must be integrated into the K-12 curriculum.
• The law requires that teachers undergo training in school violence prevention and intervention.

• Requires that students who have committed violent acts be immediately removed from the classroom and that the superintendent’s suspension process be automatically triggered and commenced upon the commission of such acts.
• Authorizes teachers to remove disruptive students from the classroom and refer them to the principal for discipline and continued educational programming consistent with the Code of Conduct. Also requires the principal to take action, including suspension, that is consistent with the Code of Conduct.

• Strengthens the Code of Conduct by setting standards and requiring minimum suspension periods for students who are violent, including those who possess weapons or items which could be used as weapons.
Requires minimum suspension periods for students who repeatedly are substantially disruptive of the educational process or substantially interfere with the teacher's authority over the classroom.
• Requires that school authorities establish policies and procedures which ensure the provision of continued educational programming and activities for suspended students.
• Requires procedures by which violations of the code are reported and determined, discipline measures imposed and discipline measures carried out.
• Requires community, parent and teacher participation in the development and the annual review of the code.
• Requires distribution of the Code of Conduct to all students at a general assembly and mailed to parents.
• Grants the Commissioner of Education enforcement power with respect to school districts that have failed to properly adopt and implement the required Code of Conduct and school safety plan.

• Requires that each school have a building level and district wide school safety plan which must include provisions for crisis intervention, emergency response and management.
• Requires a description of the hiring and screening process for all personnel who function in a school security capacity.
• Requires policies and procedures for annual safety training for staff and students.
• Requires community, parent and teacher participation in the development and the annual review of the plan.

• Creates a uniform violent incident reporting system to which school districts must report. This will provide an accurate picture of the level of violence in our schools.

• Creates a grant program with an emphasis on school safety and security, with two components: school safety and violence prevention, and extended day programs which may be joint projects between a school and community-based organization.

• Improves the communication between the juvenile justice system and school districts by establishing a liaison between the school district and the family court.
• Requires notification to a designated educational official of any enrolled student's conviction and sentence for the purpose of execution of the student's educational plan, successful school adjustment and re-entry into the community.
• Requires that students who have been released or conditionally released from a facility be given a plan to ensure prompt enrollment in an educational program.

• Increases penalties for assaults by students against school employees and assaults by school employees against students that occur on school grounds

• The Commissioner must require that licensure requirements for certain school employees include two hours of training in school violence prevention.
• Additional powers are bestowed upon the Commissioner to impose a suspension of a teaching certificate or license, wholly for a fixed period of time, partially until the teacher successfully completes a course of training or by limiting the scope of the teaching certificate.
• Creates whistleblower protection for school employees who report acts of violence and weapons possession.

• Requires the Regents to set forth guidelines to implement character and civility education.
• Additionally the Commissioner must make available an interpersonal violence prevention education package for grades K-12.

Previously, Section 3214 was vague as to what behavior constituted a suspendable offense. For example, a student may have been suspended for being "insubordinate or disorderly" or if their mental condition "endangered the health, safety, or morals of himself or of other pupils."
The new law ensures order can be maintained in the classroom and on school grounds by:

• requiring that a violent student be suspended immediately and that the superintendent’s suspension process be automatically triggered and commenced.
• clarifying Section 3214 of the Education Law by defining students who are violent.
• requiring school districts to outline procedures to notify law enforcement officials with regard to violations of the Code of Conduct which constitute a crime.

• Specifically requires that certain criminal acts, such as the use of a weapon or an assault, be reported to a statewide reporting system to increase accountability.
• Protocol will be set by the Commissioner of Education and the Commissioner of Criminal Justice Services.
• Links the information to the School Report Card which will be available to each community.

The majority of discipline problems in school districts are caused by repeatedly substantially disruptive students. Project SAVE addresses those students as follows:

A. Increasing Community Involvement

The provisions for developing a Code of Conduct appear in the Commissioner’s Regulations, section 100.2. Prior to passage of Project SAVE, the Regulations required that the Code be developed " in consultation" with teachers, administrators and parents. The Regulations also required that the local board of education review the policy annually.

The legislation establishes more meaningful participation by members of the community including teachers, parents and other school personnel in the development of the Code of Conduct by:

• making the development of a Code of Conduct a statutory requirement;
• requiring the participation and input of teachers, parents, administrators, school safety personnel, and other school staff in the development of the Code;
• having a public hearing prior to the adoption of the Code;
• requiring the Code of Conduct to be reviewed and updated on an annual basis, with a public hearing; and
• requiring distribution of the Code of Conduct to all students at a general assembly and mailed to parents.

While the elements of the Code of Conduct should primarily be determined at the local level, there are some elements which are required to address the chronically disruptive or potentially dangerous student who has not committed a violent act. These include:

• mandating that the Code contain minimum suspension periods, or the provision of services if appropriate, for those students who repeatedly are substantially disruptive. The definition of "repeatedly are substantially disruptive" would be locally determined pursuant to the guidelines set by the Commissioner. The minimums should be set locally to encourage participation in the discussion of this issue as well as ensure that the Code will be a true reflection of the community’s needs;
• mandating that the Code contain minimum suspension periods for violent students as defined by legislation, including the possession of a deadly weapon, or objects which could be used as weapons, e.g., boxcutters and razor blades;
• requiring the establishment of policies and procedures to ensure the provision of continued educational programming and activities for students removed from the classroom;
• requiring a description of the circumstances under and procedures by which referral to appropriate human service agencies shall be made;
• requiring provisions regarding conduct, dress and language deemed appropriate; and
• implementation deadlines.

This law grants the Commissioner enforcement power, such as the ability to withhold state aid temporarily, if a school district has failed to comply with the provisions regarding the Code of Conduct. It also requires the Commissioner to issue definitional guidelines for certain terms, such as "repeatedly are substantially disruptive." Also gives the Chancellor comparable enforcement powers with respect to the schools in New York City.

• Clarifies the teacher's authority to remove a repeatedly substantially disruptive student from the classroom, consistent with the disciplinary measures contained in the Code of Conduct, with the principal making the final determination in accordance with the Code of Conduct.
• Requires the teacher to provide the student with an explanation of the basis for removal and allows the pupil to informally present the student's version of relevant events.
• Requires the principal to inform the persons in parental relation of the student's removal and the reason therefor and an opportunity for an informal conference with the persons in parental relation and the student.
• Prohibits the principal from setting aside the discipline imposed by the teacher unless the charges against the student are not supported by substantial evidence, that the pupil's removal is otherwise in violation of the law, or that the conduct warrants suspension and a suspension will be imposed.

Currently, the local board of education has the duty to keep schools safe and has jurisdiction over any employees who are hired by the district to ensure the safety of their schools.

As with the Code of Conduct, safety and community participation are increased by requiring:

• school districts to have comprehensive building level and district wide school safety plans in place to emphasize and address safety concerns;
• the input of a school safety team including parents, teachers, administrators, school safety personnel, local law enforcement officials and others in the development of the plans; and
• review and re-approval on an annual basis, with a public hearing prior to adoption.

Elements of the district wide plan must include:

• policies to address crisis intervention, emergency response and management;
a policy to contact parents and law enforcement officials in the event of a violent incident;
• appropriate prevention and intervention strategies including non-violent conflict resolution programs, peer mediation programs, youth courts, and extended day programs;
• a clear description of the duties of hall monitors or other school safety personnel, as well as the hiring and screening process of all such personnel;
• policies and procedures for annual school safety training for staff and students;
• policies and procedures relating to school building security, including where appropriate, the use of school safety officers and security devices; and
• protocols for responding to bomb threats, hostage takings, intrusions and kidnappings.

• the identification of evacuation routes and shelter sites;
• procedures for addressing medical needs;
• the designation of an emergency response team which includes school personnel, law enforcement officials and representatives from the regional emergency response agency;
• the designation of a post-incident response team which includes school personnel, medical personnel, mental health counselors, and others who can assist the community in coping with the aftermath of a violent incident; and
• procedures for assuring that crisis response and law enforcement officials have access to floor plans, blueprints, or other maps of school interior and grounds.

To provide additional financial support to address the safety concerns of school districts statewide, the new law:

• includes a grant program with an emphasis on school safety and security. In addition to extended day programs and school violence prevention programs, allowable use of grant funding would also include safety devices such as metal detectors and non-violent conflict resolution techniques;
• provides funding for intensive violence prevention programs which may be joint projects between a school and community-based organization or similar agency, including a comprehensive school-based intervention model;
• requires competitive grants be awarded on a priority basis to schools or school districts; and
• requires grant funds to be used for purposes consistent with the elements and goals of their School Safety Plan.

In order to determine where there may be the most need and assess the impact of various violence prevention programs, Project SAVE requires the creation of a uniform violent incident reporting system. Key components include:

• requiring that violent incidents and all suspensions and other disciplinary measures administered pursuant to the Code of Conduct be reported to the Commissioner of Education;
• requiring a protocol to be set by the Commissioner of Education and the Commissioner of Criminal Justice Services; and
• requiring a summary of such information be included in the school district report card.

The goal of this aspect of the law is the enactment of measures designed to: (a) make schools safer places for teachers and staff to work and students to learn; and (b) increase the effectiveness of the juvenile justice system and improve communication between the juvenile justice system and the educational system.

1. Makes Schools a Safer Place for Students and Staff

A. Increasing Penalties for Assaults by Students Against School Employees and Assaults by School Employees Against Students

Assault is currently a class "A" misdemeanor, with an authorized sentence of up to one year in jail (12 months OCFS for youths, subject to extension). Assault with a deadly weapon or dangerous instrument, or which causes serious physical injury, is a class D felony (up to seven years for first offenders; 18 months OCFS for youths, subject to extension).

To send a strong message denouncing violence against teachers and other school district personnel, we raised simple assault against a school employee from an A misdemeanor to a D felony (second degree assault). Additionally, to reflect the goal of schools as safe havens and to assure symmetry, we raised school employee-on-student assaults to class D felony status.

B. Use of Certain Evidence in Suspension Proceedings

A recent decision by the New York Court of Appeals, Juan C. v. Cortines, held that school officials could suspend a student caught carrying a gun in school if school officials believed the gun seizure was proper, even though an earlier court ruling had excluded the gun as evidence in a juvenile delinquency case. The law codifies this sensible ruling and expands it to ensure that it is applicable in every case in which a student is caught carrying a gun in school.

Previously, there was no consistent or formal means by which a school district or educator was notified of a student's return to school after detention. This legislation solves this problem by requiring the designated educational official to act as the liaison between the two systems and authorizing them to receive notification from the Family Court System and to coordinate the student's participation in programs which may exist in the school district or community including: non-violent conflict resolution programs, peer mediation programs or other school violence prevention and intervention programs.

The courts will be required to provide notification of conviction to the designated educational official of an enrolled student's conviction and sentence for the purpose of executing the student's educational plan, successful school adjustment and re-entry into the community. Futhermore, any students who are released or conditionally released from a facility must be given a plan which includes steps to ensure that the student is promptly enrolled in an educational program.

Some of the programs include: the Advantage Schools Program that seeks to facilitate the intellectual and social development of youth by providing supplemental learning experiences after traditional school hours delivered in the school building; the Youth-at-Risk Fund supports school districts and BOCES programs promoting partnerships between schools, community groups, private business, social service providers and local governments to serve at-risk youth; the Youth Enterprise Program promotes the coordination of school and community resources to provide a full array of services for youth at risk of not completing school for a variety of reasons including drug and alcohol abuse, pregnancy, parenthood, academic failure or family problems; and the Transferring Success Program encourages local school districts to address their educational problems or priorities by adopting state or nationally validated programs. The Transferring Success Program includes at-risk youth, parent partnerships, and assisting school districts to address their school improvement needs.

School districts and BOCES with high percentages of disadvantaged students also may apply for the Schools as Community Sites grant to promote coordinated management of the resources of the schools and communities. The Safe and Drug-Free Schools and Communities Act provides federal funds to local agencies to establish substance abuse and violence prevention programs. Funds for this program are available on a non-competitive basis and the amount of money is based on the number of students attending school, public or private. The Innovative Education Program Strategies grant is another federal program which supports local educational reform efforts consistent with the National Education Goals and statewide reform efforts under Goals 2000, and to provide a source of innovation and educational improvement.

For additional resources, a helpful guide to both state and federal programs is the "Catalog of State and Federal Programs Aiding New York’s Local Governments" by the Legislative Commission on State-Local Relations (518- 455-5035) which is published every two years. The 2001 edition will be released in March.

2. Teacher Removal
Contact: John Soja
Supervisor Health and Pupil Services
NYS Education Department
(518) 486-6090

3. Code of Conduct
Contact: John Soja
Supervisor Health and Pupil Services
NYS Education Department
(518) 486-6090

4. Uniform Violent Incident Reporting System
Contact: John Soja
Supervisor Health and Pupil Services
NYS Education Department
(518) 486-6090

5. Whistleblower Protection for School Employees
Contact: John Soja
Supervisor Health and Pupil Services
NYS Education Department
(518) 486-6090

6. Omnibus School Violence Prevention Grant Program
Contact: John Soja
Supervisor Health and Pupil Services
NYS Education Department
(518) 486-6090

7. School Violence Prevention and Intervention Training for School Employees
Contact: John Soja
Supervisor Health and Pupil Services
NYS Education Department
(518) 486-6090

8. Court Reporting of Sentences to Schools and the Designated Education Official
Contact: John Soja
Supervisor Health and Pupil Services
NYS Education Department
(518) 486-6090

9. Building-level School Emergency Response Plan
Contact: Laura Sahr
NYS Education Department
(518) 486-2074

10. Instruction in Civility, Citizenship, and Character Education
Contact: Roseanne DeFabio
Assistant Commissioner for Curriculum, Instruction, and Assessment
NYS Education Department
(518) 473-7880

12. Interpersonal Violence Prevention Education Package
Contact: The New York State Center for School Safety
Ulster BOCES
175 Route 32 North
New Paltz, NY 12561
Phone: (845) 255-8989
Fax: (845) 255-3836
Email: scss@int1.mhrcc.org
Website: www.mhrcc.org/scss

13. Commissioner’s Powers Regarding the Annulment or Suspension of Teaching Licenses
Contact: Bart Zabin
NYS Education Department
(518) 473-2998

Other Useful Contacts:

14. NYS Education Department
Education Building
Albany, New York 12234
General questions or requests for information can be directed to the Interactive Voice Response Phone Number at (518) 474-3852.
Website: www.nysed.gov

15. The New York State Center for School Safety
Ulster BOCES
175 Route 32 North
New Paltz, NY 12561
Phone: (845) 255-8989
Fax: (845) 255-3836
Email: scss@int1.mhrcc.org
Website: www.mhrcc.org/scss

16. Useful Web Sites
The National Resource Center for Safe Schools: www.safetyzone.org
Citizens Access to Government: www.state.ny.us