senate Bill S639

2009-2010 Legislative Session

Requires the suspending of pay of tenured teachers upon the conviction of a felony for possessing certain sexual performance materials

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 06, 2010 referred to education
Jan 12, 2009 referred to education

S639 - Bill Details

See Assembly Version of this Bill:
A1794
Current Committee:
Senate Education
Law Section:
Education Law

S639 - Bill Texts

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BILL NUMBER: S639

TITLE OF BILL :

An act to amend the education law, in relation to suspending the pay
of any tenured person upon the conviction of a felony for possession
of sexual performance by a child


PURPOSE :

Requires the suspension of pay for tenured teachers upon the
conviction of a felony for possessing an obscene sexual performance or
a sexual performance by a child, use of a child in a sexual
performance, promoting an obscene sexual performance by a child, or
promoting a sexual performance by a child.

SUMMARY OF PROVISIONS :

Section 1: Amends Education Law section 3020-a (2)(b) to broaden the
scope for suspending a tenured teacher to include those who have been
convicted of a felony count for possessing an obscene sexual
performance or sexual performance by a child, use of a child in a
sexual performance, or promoting an obscene sexual or sexual
performance by a child.

EXISTING LAW :

Under current law, a tenured teacher may be suspended and ultimately
tired if such employee is convicted of a felony count for the criminal
sale or possession of a controlled substance or drug paraphernalia, or
for a felony crime involving the physical or sexual abuse of a minor
or a student.

JUSTIFICATION :

Teachers should possess the utmost moral character and not attracted
to children or their pupils in any way that has any sexual
connotation. This bill expands the scope of reasons to dismiss a
teacher if such teacher has been convicted of felony crimes that
relate to possessing obscene sexual material or a sexual performance
of a child. promoting an obscene sexual or sexual performance by a
child as such felonies are defined in Penal Law Article 263.

LEGISLATIVE HISTORY :

S.61-A and A.6701-A of 2005/2006
S.189 of 2007/2008

FISCAL IMPLICATIONS :

None.

LOCAL FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE :
Immediate.
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