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Assembly Bill A10616

2011-2012 Legislative Session

Relates to the statute of limitations for disciplinary procedures against tenured teachers

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Archive: Last Bill Status - In Assembly Committee

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2011-A10616 (ACTIVE) - Details

See Senate Version of this Bill:
S7612
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd ยงยง3020-a & 2573, Ed L

2011-A10616 (ACTIVE) - Summary

Relates to the statute of limitations for disciplinary procedures against tenured teachers; permits the "big four" school districts to bring charges against a tenured teacher beyond the three year period when such conduct would constitute a crime.

2011-A10616 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10616

                          I N  A S S E M B L Y

                              June 8, 2012
                               ___________

Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Nolan) --
  read once and referred to the Committee on Education

AN ACT to amend the education law, in relation to the statute of limita-
  tions for disciplinary procedures against tenured teachers

  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 section 1 of part B of chapter 57 of the  laws  of  2012,  is
amended to read as follows:
  1. Filing of charges.  All charges against a person enjoying the bene-
fits  of  tenure  as  provided  in  subdivision  three of section eleven
hundred two, and sections twenty-five hundred nine, twenty-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 employed is normally required to serve. [Except as
provided in subdivision eight of section  twenty-five  hundred  seventy-
three  and  subdivision seven of section twenty-five hundred ninety-j of
this chapter, no] 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. Subdivision 8 of section 2573 of the education law, as amended by
chapter 915 of the laws of 1963 and as renumbered by chapter 717 of  the
laws of 1970, is amended to read as follows:
  8.  No  charges  under  this  section shall be brought more than three
years after the occurrence of the  alleged  incompetency  or  misconduct
except  where  the charge is of misconduct [which resulted in conviction
for a crime] CONSTITUTING A CRIME WHEN COMMITTED.
  S 3. This act shall take effect immediately.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD16124-01-2

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