S T A T E   O F   N E W   Y O R K
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                                  8045

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 27, 2011
                               ___________

Introduced by M. of A. THIELE, CALHOUN, REILICH -- Multi-Sponsored by --
  M.  of A. 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] ELEVEN hundred two, and sections [two thousand five] TWEN-
TY-FIVE  hundred  nine, [two thousand five] 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 employee is normally required to serve.  Except as provided in
subdivision  eight  of  section  [two thousand five] TWENTY-FIVE hundred
seventy-three and subdivision seven of section twenty-five hundred nine-
ty-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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11675-01-1
              

A. 8045                             2

TIONAL SERVICES ALLEGE THAT SUCH EMPLOYEE IS THE  SUBJECT  OF  A  FELONY
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.