Senate Bill S7612

                                BILL NUMBER:S7612

TITLE OF BILL:
An act
to amend the education law, in relation to the statute of limitations
for disciplinary procedures against tenured teachers

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

SUMMARY OF PROVISIONS:
Section one amends subdivision 1 of section 3020-a of the education
law to remove exemption language for certain school districts with
respect to the statute of limitations period applied to charges of
misconduct constituting a crime.

Section two amends subdivision 8 of section 2573 to provide for
conforming language for provisions related to the statute of
limitations applied to teacher misconduct charges that constitute a
crime.

Section three provides the effective date.

EXISTING LAW:
Education Law §3020-a(1): provides for the filing of charges against a
              

tenured teacher.
Prescribes a three year statute of limitations for all claims absent a
charge of misconduct constituting a crime. Exempts schools governed
by Section 2573 of the Education Law and Section 2590-j of the
Education Law.

Education Law §2573(8): prohibits any charges against teachers of the
Big 4 school districts to be filed more than three years after of the
occurrence of the conduct unless the charge resulted in a conviction
for a crime.

Education Law §2590-j(7): prescribes a statute of limitations period
consistent with Section 3020-a for an NYC teachers.

JUSTIFICATION:
The 3020-a disciplinary process is intended to provide for a
comprehensive, yet timely, review of misconduct charges lodged
against teachers. The prescribed statute of limitations period for
filing a complaint balances the interests of justice with fairness -
a three-year period is allowed for all allegations of misconduct,
which affords complainants with a reasonable window of time to come
forward, while also assuring educators a definitive resolution to
cases.

Currently, all school districts except the Big Four (i.e. Buffalo,
Syracuse, Rochester, and Yonkers) are permitted to bring 3020-a
charges after the three-year statute of limitations has expired in
cases where an individual has been charged with a crime. The Big Four
school districts, however, may not bring charges under 3020-a beyond
the statute of limitations unless there has been a conviction of a
crime. As a result, the lack of a criminal conviction would prohibit
teachers in Big Four school districts who have been charged with a
crime to be reviewed under the 3020-a disciplinary process if such
charges were brought after three years.

This legislation will make the statute of limitations period for the
filing of 3020-a charges uniform for all school districts and will
enable them to pursue disciplinary measures against all teachers who
have been charged with a crime.

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.