Senate Bill S5908

                                BILL NUMBER:S5908

TITLE OF BILL:  An act to amend the education law, in relation to
prohibiting certain school personnel from school grounds for
allegations of sexual offenses

PURPOSE OR GENERAL IDEA OF BILL:  Allows school districts and
administrators to prohibit school personnel from entering classrooms,
school buildings and or school grounds if such school personnel is
charged with any of the sexual offenses under article 130 of the penal
law.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Amends the education law by adding a new section, 1134
Allows school districts and or school administrators in both private
and public schools to prohibit school personnel from entering a
classroom, school building and or school grounds if such school
personnel has been charged with any of the sexual offenses under
article one hundred thirty of the penal law. Provides that such
prohibition from entering school facilities will be in effect until
the adjudication of such matter.

Section 2. Effective Date

EXISTING LAW: None
              

JUSTIFICATION:  On Wednesday June 19, 2013, a teacher at P.S. 386 in
the Bronx was arrested for raping his ten year old fifth grade
student. News reports in the New York Daily News and New York Post
provided sickening accounts of the assault and how the perpetrator
lured her with gifts including an iPhone, According to a criminal
complaint, the teacher sexually assaulted the little girl at least
three times between April and June. Prosecutors have indicated that
the assaults happened twice at the elementary school, and a third time
in his car after he drove the student to an area near P.S. 196.

This horrific story is not the only instance where a teacher has been
accused of sexually assaulting a student. In most cases, as
unbelievable as it seems, the teacher has been allowed to remain in
the classroom. According to a New York Daily News investigation
"education officials tried to fire 128 school employees since 2007 for
sexual misconduct or inappropriate relationships with students - but
only 33 were actually axed."

The teacher in this most recent case is charged with two counts of
predatory sexual assault against a child, two counts of rape in the
first degree, three counts of sexual abuse in the first degree and
endangering the welfare of a child. If convicted of sexual assault, he
faces up to 25 years to life in prison. He he is being held in lieu of
$750,000 bond or $500,000 cash. Even though this predator is behind
bars, there is nothing in current state statute that would prohibit
others who have been charged with sexual offenses from remaining in
the classroom or being on school grounds.

This legislation is a common sense approach to closing what is an
obvious gap in state statute. If you are an employee of a public or


private school and you are charge I with any of the sexual offenses
under Section 130 of the Penal Law, school districts and
administrators will now have the ability to prevent you from entering
a classroom, school building and or school grounds until your matter
is adjudicated. Our children, as well as every school employee, must
be protected and sexual predators must not be allowed to enter a
classroom, a school building or school grounds.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: Immediately