BILL NUMBER:  S4947

 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 are 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 have 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 charged 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 :

2016: S.350- REFERRED TO EDUCATION/A.6885- referred to education
2015: S.350- REFERRED TO EDUCATION/A.6885- referred to education
2014: S.5908 - Referred to Education/A.8166 - Referred to Education
2013: S.5908 - Referred to Rules/A.8166 - Referred to Education

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.