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
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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:
Section 1. Subdivision 1 of section 3020-a of the education law, as
amended by chapter 691 of the laws of 1994, is amended to read as
follows:
1. Filing of charges. [All] EXCEPT AS PROVIDED IN SECTION THREE
THOUSAND TWENTY-B OF THIS ARTICLE, ALL charges against a person enjoying
the benefits of tenure as provided in subdivision three of section one
thousand one hundred two, and sections two thousand five hundred nine,
two thousand five hundred seventy-three, twenty-five hundred ninety-j,
three thousand twelve and three thousand fourteen of this chapter shall
be in writing and filed with the clerk or secretary of the school
district or employing board during the period between the actual opening
and closing of the school year for which the employee is normally
required to serve. Except as provided in subdivision eight of section
two thousand five hundred seventy-three and subdivision seven of section
twenty-five hundred ninety-j of this chapter, no charges under this
section shall be brought more than three years after the occurrence of
the alleged incompetency or misconduct, except when the charge is of
misconduct constituting a crime when committed.
S 2. The education law is amended by adding a new section 3020-b to
read as follows:
S 3020-B. REMOVAL UPON FELONY CONVICTION. 1. IN THE EVENT THAT CHARGES
AGAINST ANY EMPLOYEE OF A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA-
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
CONVICTION, THE SCHOOL DISTRICT BOARD OF EDUCATION OR BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES SHALL IMMEDIATELY EXAMINE ALL INFORMATION
NECESSARY TO DETERMINE WHETHER, IN FACT, SUCH EMPLOYEE IS THE SUBJECT OF
A FELONY CONVICTION.
2. UPON A DETERMINATION BY THE BOARD THAT THE CHARGE IS SUSTAINED, THE
BOARD SHALL DIRECT THE DISTRICT SUPERINTENDENT TO IMMEDIATELY:
A. SUSPEND THE EMPLOYEE WITHOUT COMPENSATION PENDING A FINAL DETERMI-
NATION OF FORMAL DISCIPLINARY PROCEEDINGS, WHERE THE CONVICTION ALLEGED
IN THE CHARGE IS FOR A FELONY OFFENSE NOT SET FORTH IN PARAGRAPH B OF
THIS SUBDIVISION; OR
B. DISMISS THE EMPLOYEE WHERE THE CONVICTION IS FOR A FELONY OFFENSE
SET FORTH IN ARTICLE TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OR
SECTION 120.10, 120.12, 125.20, 125.25, 125.27, 130.25, 130.30, 130.35,
130.65, 130.70, 135.20, 150.15, 150.20, 160.05, 160.10, 160.15, 263.05,
263.10 OR 263.15 OF THE PENAL LAW OR FOR A SIMILAR FELONY WHERE THE
CONVICTION FOR SUCH FELONY WAS RENDERED IN A JURISDICTION OUTSIDE THE
STATE; PROVIDED, HOWEVER, THAT SUCH EMPLOYEE MAY APPLY FOR REINSTATEMENT
TO THE APPOINTING AUTHORITY UPON REVERSAL OR THE VACATING OF SUCH
CONVICTION WHERE THE CONVICTION IS THE SOLE BASIS FOR THE DISMISSAL.
C. IN THE EVENT THAT A TEACHER IS SUSPENDED OR DISMISSED PURSUANT TO
PARAGRAPH A OR B OF THIS SUBDIVISION AND HOLDS A CERTIFICATE OF THE
COMMISSIONER, THE SUPERINTENDENT SHALL NOTIFY THE COMMISSIONER FORTHWITH
OF SUCH SUSPENSION OR DISMISSAL.
S 3. This act shall take effect immediately.