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ANÌý ACTÌý toÌý amendÌý theÌý educationÌý law, in relation to the provision of supplemental educational services, attendance at a safe public school andÌýthe suspensionÌýofÌýpupilsÌýwho bring a firearm to or possess a firearm at a school and providing for the repealÌýofÌýsuchÌýprovisions upon expiration thereof

Became a law August 13, 2002, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

TheÌý People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1...

§ 2. Section 2802 of the education law is amended by adding a new sub-division 7 to read as follows:

7.Ìý Notwithstanding any other provision of state or local law, rule or regulation to the contrary,ÌýanyÌýstudentÌýwhoÌýattendsÌý aÌý persistently dangerousÌý publicÌý elementaryÌýor secondary school, as determined by the commissioner pursuant to paragraph a of this subdivision, orÌý whoÌýisÌýa victim of a violent criminal offense, as defined pursuant to paragraph b of this subdivision, that occurred on the grounds of a public elementary or secondary school that the student attends, shall be allowed to attend ÌýaÌýsafeÌýpublic school within the local educational agency to the extent required by section ninety-five hundred thirty-two of the No ChildÌýLeft Behind Act of 2001.

a...

b. Each local educational agency required to provideÌýunsafeÌýschool choiceÌýshall establish procedures for determinations by the superintendent of schools or other chief school officer of whetherÌýaÌýstudentÌýis the victim of a violent criminal offense that occurred on school grounds ofÌýthe school that the student attends.Ìý Such superintendent of schools Ìýor other chief school officer shall, prior to making anyÌýsuchÌýdetermination,Ìý consultÌýwithÌýany lawÌýenforcementÌýagency investigating such alleged violent criminal offense and considerÌýanyÌýreportsÌýorÌýrecordsÌýprovidedÌýbyÌýsuch agency.ÌýÌýThe trustees or board of education or other Ìýgoverning board of a local educational agency may provide, by local rule or by-law, for appeal of theÌýdeterminationÌýofÌýtheÌýsuperintendentÌýof schools to such governing board.Ìý Notwithstanding any other provision of lawÌýtoÌýtheÌýcontrary,Ìý theÌýdetermination of such chief school officer pursuant to this paragraph shall not have collateral estoppels effect in anyÌýstudentÌýdisciplinary proceeding brought against the alleged victim or perpetrator of such violent criminal offense. ForÌý purposesÌýofÌýthis subdivision, "violent criminal offense" shall mean a crime that involved ÌýinflictionÌý ofÌýseriousÌýphysicalÌý injury upon another as defined in the penal law, a sex offense that involved forcible compulsion or anyÌýother offense defined in the penal law that involved the use or threatened use of a deadly weapon.

c.Ìý Each local educational agency, as defined in subsection twenty-six of section ninety-one hundred one of the No ChildÌý LeftÌý BehindÌýActÌýof 2001,Ìý thatÌýisÌýrequired toÌýprovide school choice pursuant to section ninety-five hundred thirty-two of the No Child Left Behind ActÌý ofÌý 2001 shall establish procedures for notification of parents of, or persons in parentalÌý relationÌý to, students attending schools that have been designated as persistently dangerous and parents of, or personsÌýin parental relationÌýto,ÌýstudentsÌýwho are victims of violent criminal offenses of their right to transfer to a safe public school within the local educationalÌýagencyÌýand procedures for such transfer, except that nothing in this subdivision shall be construed to require suchÌýnotificationÌýwhere there are no other public schools within the local educational agency at Ìýthe same grade level or such transfer to a safe public school within the localÌý educationalÌý agency is otherwise impossible or to require a local educational agency that has only oneÌýpublicÌýschool withinÌýtheÌýlocal educational agencyÌýorÌýonlyÌýoneÌýpublic school at each grade level to develop such procedures. The commissioner shall be authorizedÌýtoÌýadopt anyÌýregulations deemed necessary to assure that local educational agencies implement the provisions of this subdivision.

§Ìý 3...

§Ìý 4.Ìý This act shall take effect July 1, 2002 and shall expire and be deemed repealed June 30, 2003.Ìý Ìý Ìý