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

                                  4078

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2009
                               ___________

Introduced  by M. of A. THIELE, CALHOUN, ERRIGO -- Multi-Sponsored by --
  M. of A. BARRA, BURLING, McDONOUGH, SAYWARD -- read once and  referred
  to the Committee on Education

AN  ACT  to amend the education law, in relation to removal of employees
  of school districts and boards  of  cooperative  educational  services
  upon certain felony convictions

  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  chapter  691  of  the  laws  of 1994, is amended to read as
follows:
  1.  Filing of charges.    [All] EXCEPT AS PROVIDED  IN  SECTION  THREE
THOUSAND TWENTY-B OF THIS ARTICLE, ALL charges against a person enjoying
the  benefits  of tenure as provided in subdivision three of section one
thousand one hundred two, and sections two thousand five  hundred  nine,
two  thousand  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  employee  is  normally
required  to serve.   Except as provided in subdivision eight of section
two thousand five hundred seventy-three and subdivision seven of section
twenty-five hundred ninety-j of this  chapter,  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.  The  education law is amended by adding a new section 3020-b to
read as follows:
  S 3020-B. REMOVAL UPON FELONY CONVICTION. 1. IN THE EVENT THAT CHARGES
AGAINST ANY EMPLOYEE OF A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES ALLEGE THAT SUCH EMPLOYEE IS THE  SUBJECT  OF  A  FELONY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04021-01-9
              

A. 4078                             2

CONVICTION,  THE  SCHOOL DISTRICT BOARD OF EDUCATION OR BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES SHALL  IMMEDIATELY  EXAMINE  ALL  INFORMATION
NECESSARY TO DETERMINE WHETHER, IN FACT, SUCH EMPLOYEE IS THE SUBJECT OF
A FELONY CONVICTION.
  2. UPON A DETERMINATION BY THE BOARD THAT THE CHARGE IS SUSTAINED, THE
BOARD SHALL DIRECT THE DISTRICT SUPERINTENDENT TO IMMEDIATELY:
  A.  SUSPEND THE EMPLOYEE WITHOUT COMPENSATION PENDING A FINAL DETERMI-
NATION OF FORMAL DISCIPLINARY PROCEEDINGS, WHERE THE CONVICTION  ALLEGED
IN  THE  CHARGE  IS FOR A FELONY OFFENSE NOT SET FORTH IN PARAGRAPH B OF
THIS SUBDIVISION; OR
  B. DISMISS THE EMPLOYEE WHERE THE CONVICTION IS FOR A  FELONY  OFFENSE
SET  FORTH  IN  ARTICLE  TWO HUNDRED TWENTY OR TWO HUNDRED TWENTY-ONE OR
SECTION 120.10, 120.12, 125.20, 125.25, 125.27, 130.25, 130.30,  130.35,
130.65,  130.70, 135.20, 150.15, 150.20, 160.05, 160.10, 160.15, 263.05,
263.10 OR 263.15 OF THE PENAL LAW OR FOR  A  SIMILAR  FELONY  WHERE  THE
CONVICTION  FOR  SUCH  FELONY WAS RENDERED IN A JURISDICTION OUTSIDE THE
STATE; PROVIDED, HOWEVER, THAT SUCH EMPLOYEE MAY APPLY FOR REINSTATEMENT
TO THE APPOINTING AUTHORITY  UPON  REVERSAL  OR  THE  VACATING  OF  SUCH
CONVICTION WHERE THE CONVICTION IS THE SOLE BASIS FOR THE DISMISSAL.
  C.  IN  THE EVENT THAT A TEACHER IS SUSPENDED OR DISMISSED PURSUANT TO
PARAGRAPH A OR B OF THIS SUBDIVISION AND  HOLDS  A  CERTIFICATE  OF  THE
COMMISSIONER, THE SUPERINTENDENT SHALL NOTIFY THE COMMISSIONER FORTHWITH
OF SUCH SUSPENSION OR DISMISSAL.
  S 3. This act shall take effect immediately.