Bill Text: NY A04078 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the education law, in relation to removal of employees of school districts and boards of cooperative educational services upon certain felony convictions

Spectrum: Moderate Partisan Bill (Republican 7-1)

Status: (Introduced - Dead) 2010-01-06 - referred to education [A04078 Detail]

Download: New_York-2009-A04078-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4078
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 29, 2009
                                      ___________
       Introduced  by M. of A. THIELE, CALHOUN, ERRIGO -- Multi-Sponsored by --
         M. of A. BARRA, BURLING, McDONOUGH, SAYWARD -- read once and  referred
         to the Committee on Education
       AN  ACT  to amend the education law, in relation to removal of employees
         of school districts and boards  of  cooperative  educational  services
         upon certain felony convictions
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 1 of section 3020-a of the  education  law,  as
    2  amended  by  chapter  691  of  the  laws  of 1994, is amended to read as
    3  follows:
    4    1.  Filing of charges.    [All] EXCEPT AS PROVIDED  IN  SECTION  THREE
    5  THOUSAND TWENTY-B OF THIS ARTICLE, ALL charges against a person enjoying
    6  the  benefits  of tenure as provided in subdivision three of section one
    7  thousand one hundred two, and sections two thousand five  hundred  nine,
    8  two  thousand  five hundred seventy-three, twenty-five hundred ninety-j,
    9  three thousand twelve and three thousand fourteen of this chapter  shall
   10  be  in  writing  and  filed  with  the  clerk or secretary of the school
   11  district or employing board during the period between the actual opening
   12  and closing of the school  year  for  which  the  employee  is  normally
   13  required  to serve.   Except as provided in subdivision eight of section
   14  two thousand five hundred seventy-three and subdivision seven of section
   15  twenty-five hundred ninety-j of this  chapter,  no  charges  under  this
   16  section  shall  be brought more than three years after the occurrence of
   17  the alleged incompetency or misconduct, except when  the  charge  is  of
   18  misconduct constituting a crime when committed.
   19    S  2.  The  education law is amended by adding a new section 3020-b to
   20  read as follows:
   21    S 3020-B. REMOVAL UPON FELONY CONVICTION. 1. IN THE EVENT THAT CHARGES
   22  AGAINST ANY EMPLOYEE OF A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA-
   23  TIONAL SERVICES ALLEGE THAT SUCH EMPLOYEE IS THE  SUBJECT  OF  A  FELONY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04021-01-9
       A. 4078                             2
    1  CONVICTION,  THE  SCHOOL DISTRICT BOARD OF EDUCATION OR BOARD OF COOPER-
    2  ATIVE EDUCATIONAL SERVICES SHALL  IMMEDIATELY  EXAMINE  ALL  INFORMATION
    3  NECESSARY TO DETERMINE WHETHER, IN FACT, SUCH EMPLOYEE IS THE SUBJECT OF
    4  A FELONY CONVICTION.
    5    2. UPON A DETERMINATION BY THE BOARD THAT THE CHARGE IS SUSTAINED, THE
    6  BOARD SHALL DIRECT THE DISTRICT SUPERINTENDENT TO IMMEDIATELY:
    7    A.  SUSPEND THE EMPLOYEE WITHOUT COMPENSATION PENDING A FINAL DETERMI-
    8  NATION OF FORMAL DISCIPLINARY PROCEEDINGS, WHERE THE CONVICTION  ALLEGED
    9  IN  THE  CHARGE  IS FOR A FELONY OFFENSE NOT SET FORTH IN PARAGRAPH B OF
   10  THIS SUBDIVISION; OR
   11    B. DISMISS THE EMPLOYEE WHERE THE CONVICTION IS FOR A  FELONY  OFFENSE
   12  SET  FORTH  IN  ARTICLE  TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OR
   13  SECTION 120.10, 120.12, 125.20, 125.25, 125.27, 130.25, 130.30,  130.35,
   14  130.65,  130.70, 135.20, 150.15, 150.20, 160.05, 160.10, 160.15, 263.05,
   15  263.10 OR 263.15 OF THE PENAL LAW OR FOR  A  SIMILAR  FELONY  WHERE  THE
   16  CONVICTION  FOR  SUCH  FELONY WAS RENDERED IN A JURISDICTION OUTSIDE THE
   17  STATE; PROVIDED, HOWEVER, THAT SUCH EMPLOYEE MAY APPLY FOR REINSTATEMENT
   18  TO THE APPOINTING AUTHORITY  UPON  REVERSAL  OR  THE  VACATING  OF  SUCH
   19  CONVICTION WHERE THE CONVICTION IS THE SOLE BASIS FOR THE DISMISSAL.
   20    C.  IN  THE EVENT THAT A TEACHER IS SUSPENDED OR DISMISSED PURSUANT TO
   21  PARAGRAPH A OR B OF THIS SUBDIVISION AND  HOLDS  A  CERTIFICATE  OF  THE
   22  COMMISSIONER, THE SUPERINTENDENT SHALL NOTIFY THE COMMISSIONER FORTHWITH
   23  OF SUCH SUSPENSION OR DISMISSAL.
   24    S 3. This act shall take effect immediately.