S T A T E   O F   N E W   Y O R K
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                                  5433

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 26, 2013
                               ___________

Introduced by M. of A. THIELE, REILICH -- Multi-Sponsored by -- M. of A.
  McDONOUGH -- 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  section  1  of part B of chapter 57 of the laws of 2012, is
amended to read as follows:
  1. Filing of charges.  [All] EXCEPT AS PROVIDED IN SECTION THREE THOU-
SAND TWENTY-B OF THIS ARTICLE, ALL charges against a person enjoying the
benefits of tenure as provided in subdivision three  of  section  eleven
hundred  two, and sections twenty-five hundred nine, 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 employed is normally required  to  serve.  Except  as
provided  in  subdivision  eight of section twenty-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  miscon-
duct,  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
CONVICTION, THE SCHOOL DISTRICT BOARD OF EDUCATION OR BOARD  OF  COOPER-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09256-01-3
              

A. 5433                             2

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.