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Senator Bruno discusses the need for stronger school safety measures at a Capitol news conference. |
Senate Adopts Resolution Honoring Columbia High Heroes
Tuesday, March 2, 2004
The New York State Senate today passed a package of legislation designed to make school environments safer for children, teachers and school employees. The package includes Suzanne�s Law, a measure that enhances criminal penalties for those who commit crimes against persons on school grounds.
In addition, the Senate passed a resolution honoring Columbia High School Assistant Principal John Sawchuk and Special Education Teacher Michael Bennett for their heroic actions during the recent school shooting tragedy in East Greenbush.
"The courageous and heroic actions of John Sawchuk and Michael Bennett to confront and subdue Jon Romano saved countless lives," Senate Majority Leader Joseph L. Bruno said. "By recognizing the dangerous situation and reacting swiftly, they were able to protect students and their fellow teachers and staff from harm. This resolution honors these two men and recognizes their bravery."
During the Columbia High School shooting incident, Bennett approached 16 year old John Romano who was armed with a shotgun. Bennett was shot in the leg, while Sawchuk tackled Romano and subdued him until police arrived.
In addition to Suzanne�s Law, the school safety legislation includes measures to combat recruitment of gang members, provide stronger penalties for harassment of teachers and other school employees; preventing bullying and removing disruptive students from the classroom.
"Parents have a right to expect that their children will be safe at school," Senate Majority Leader Joseph L. Bruno said. "We cannot tolerate any violence in our schools. This package of legislation will appropriately punish people who threaten the health, safety and security of people in our schools and will allow teachers and our children the opportunity to work together in a safer environment."
The package of legislation includes:
Suzanne�s Law
The State Senate approved "Suzanne�s Law," a bill (S.4999-A), sponsored by Senator Bruno, that increases penalties for crimes committed against others on school grounds. Named for missing University at Albany student Suzanne Lyall, Suzanne�s Law elevates by one level the penalty for the commission of a felony crime on school grounds. For instance, the commission of the Class �D� felony of Assault in the 2nd degree would now be considered as a Class �C� felony and would carry a longer prison sentence.
"It is imperative that we continue to protect students from crimes committed on school grounds," said Senator Bruno. "Students, prospective students and their families should be at ease when they visit an institution for the purpose of learning and improving their lives. The passage of "Suzanne�s Law" would provide peace of mind and diminish the opportunity for crimes to be committed on school grounds."
The bill also expands the current definition of "school grounds" to include nursery schools, daycare facilities, trade schools, junior colleges, community colleges, colleges, universities and any other institution of higher education.
The bill would also allow, upon the request of any school, for the placing of signs along any highway within school grounds designating the school as an "Assault and Abduction Free School Zone."
Schools as Safe Harbors Act
Senator Saland�s legislation (S.4023A), the Schools as Safe Harbors Act, would prohibit the bullying of students and others on school property. This legislation passed today by the Senate would provide greater protection for school employees and officials by establishing the crime of aggravated harassment of teachers, school personnel and school board members.
Present law requires instruction in civility, citizenship and character education. This bill would require that instruction also be provided on the methods that may discourage bullying. In addition prohibition of bullying would be added to the school's code of conduct and incidents of bullying would be reported to school authorities.
"While we have made significant progress increasing the safety of our schools we have not put enough steps in place to prevent bullying," said Senator Saland, Chair, Senate Education Committee. "Bullying can have a devastating impact on our schools when it is not taken seriously. This legislation would compliment efforts already underway in our schools to deter bullying."
Protecting School Employees From Assault
Under current law if a teacher or school employee is the victim of harassment it is not considered assault if there is not sufficient injury caused. Suprisingly, this even includes some cases where trauma is sustained or medical attention is required after a victim was kicked or punched. The bill passed by the Senate today (S.4529) would create a Class B misdemeanor punishable by up to three months in jail. Presently this type of attack is treated only as a violation.
"It certainly is logical that those who inflict injury requiring medical attention should face more significant penalties than our present law allows," said Senator Saland. "This legislation would provide protection to teachers and school employees who live in fear of violent attacks by students, parents, or intruders."
Removing Disruptive Students
Schools have developed alternative educational methods and sites to deal with disruptive students since school safety legislation passed in 2001. However, existing law does not allow for disruptive students to be transferred to other schools because of disciplinary reasons. Under present law schools may only give disruptive students a series of suspensions.
The bill passed today by the Senate (S.5325) would allow students to be transferred for disciplinary reasons into different educational settings which would be a benefit to both them and their classmates. The Superintendent or the Board of Education would have the authority to authorize these transfers.
Gang Recruitment On School Grounds
The Senate passed legislation today (S.851) sponsored by Senator Michael Balboni (R-C, Mineola) that creates the crime of criminal street gang recruitment on school grounds in the 1st and 2nd degrees. The bill allows for local governments to adopt and enforce laws that relate to criminal street gang recruitment on school grounds.
"Violent gangs aren�t just getting new recruits on street corners. They�re infiltrating neighborhood schools and preying on the most vulnerable kids," said Senator Balboni. "We�re stopping the bad kids before they get to the good ones."
The bills were sent to the Assembly.
Previous Legislative Action To Stop School Violence
In 2000, the Legislature enacted Project SAVE (Safe Schools Against Violence in Education Act). The law addressed the serious problem of disruptive and violent behavior in our schools by enacting a comprehensive plan which included the following requirements:
* Require schools to establish school safety teams and plans, and emergency response plans;
* Increase the authority of teachers and principals to remove violent and disruptive students from classrooms;
* Require establishment of a detailed code of conduct;
* Develop interpersonal violence education and training packages for students and teachers;
* Require the K-12 curriculum to include civility, citizenship and character education;
* Create new criminal offenses that appropriately punish those who use or sell firearms on school grounds, raise existing criminal penalties for those who commit other weapons offenses, and make it unlawful to possess dangerous instruments on school grounds;
* Introduce criminal sanctions for assaults on school personnel on school grounds;
* Require education commissioner to ensure that conference days include violence prevention and training and requiring candidates for teacher certification to complete two hours of course work or training in school violence prevention and intervention;
* Require that schools be notified when a student has been convicted and sentenced for a crime or adjudicated a youthful offender or juvenile delinquent;
* Make assaults on teachers on school grounds and assaults of students by non-students a Class D Felony; and
* Require education commissioner to promulgate regulations facilitating the enrollment of children released from juvenile facilities into educational programs leading to a high school program.
"It�s clear that the procedures put in place at Columbia High School worked very well and prevented more people from being injured and helped avert any loss of life," Senator Bruno said. "However, it is disturbing that incidents like this can still happen in our schools and it shows that we still need to do more to try and prevent people from jeopardizing the safety of our schools."
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