Senate Bill S107

                                 BILL NUMBER:  S107

 TITLE OF BILL :
An act to amend the education law, in relation to prohibiting
retirement agreements between teachers accused of misconduct and
school districts


 PURPOSE :
To forbid retirement agreements between school districts and teachers
accused of misconduct unless the agreement includes the voluntary
surrender of teaching certificate or license.

 SUMMARY OF PROVISIONS :
The Education law is amended by adding a new section 3011-a that
prohibits retirement agreements between teachers accused of misconduct
and school districts unless the teacher in question agrees to
surrender his/her teaching license or teaching certificate. Provides
for return of the teaching license/certificate upon exoneration from
the allegations of misconduct.

 JUSTIFICATION :
Recently the New York State Commission on Investigation investigated
the case of a teacher in Putnam County accused of molesting one
student and acting inappropriately towards other students in the same
school.  The school district in question entered into an agreement
              

with the accused teacher that allowed the teacher to retire and in
exchange the school district agreed not to bring disciplinary charges.
The Commission on Investigation found that "The Commission finds that
the separation agreement reached between the School District and the
Teacher is not unusual. Allowing a teacher accused of misconduct to
retire is often the end result of a school district's cost-benefit
analysis, which invariably includes an analysis of the strength of the
evidence:" Retirement agreements between teachers accused of
misconduct and school districts "make the problem go away" for the
districts but they leave the teachers in question in good educational
standing. Such teachers can use their intact teaching credentials to
secure employment in other districts throughout New York State.
Because of the voluntary retirement agreement, background checks by
the potential new employers will not show any criminal history.
Rather, they will show "retired from school district X". Although
allegations are not proven facts, we in the Legislature must do
everything possible to ensure that students learn in a safe
environment with trustworthy staff. We cannot allow potential
predators leeway to continue to prey on students at new school
systems.

 FISCAL IMPLICATIONS :
None.

 LOCAL FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.