Bill Text: NY A00778 | 2011-2012 | General Assembly | Introduced

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Bill Title: Provides for the suspending of pay of tenured teachers upon conviction of a felony for possessing or promoting an obscene sexual performance by a child or using, possessing or promoting a sexual performance by a child as defined in article two hundred sixty-three of the penal law.

Spectrum: Partisan Bill (Republican 6-0)

Status: (Introduced - Dead) 2012-06-13 - held for consideration in education [A00778 Detail]

Download: New_York-2011-A00778-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          778
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  M.  of  A.  RABBITT,  KOLB, GIGLIO, HAWLEY, McDONOUGH --
         Multi-Sponsored by -- M.  of A. FINCH -- read once and referred to the
         Committee on Education
       AN ACT to amend the education law, in relation to suspending the pay  of
         any  tenured  person upon the conviction of a felony for possession of
         sexual performance by a child
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Paragraph  (b)  of subdivision 2 of section 3020-a of the
    2  education law, as separately amended by chapters 296 and 325 of the laws
    3  of 2008, is amended to read as follows:
    4    (b) The employee may be suspended pending a hearing on the charges and
    5  the final determination thereof.  The  suspension  shall  be  with  pay,
    6  except  the  employee  may  be suspended without pay if the employee has
    7  entered a guilty plea to  or  has  been  convicted  of  a  felony  crime
    8  concerning  the criminal sale or possession of a controlled substance, a
    9  precursor of a controlled substance, or drug paraphernalia as defined in
   10  article two hundred twenty or two hundred twenty-one of the  penal  law;
   11  [or]  a felony crime involving the physical abuse of a minor or student;
   12  OR A FELONY CRIME INVOLVING POSSESSION OR PROMOTION OF AN OBSCENE SEXUAL
   13  PERFORMANCE BY A CHILD OR USE,  POSSESSION  OR  PROMOTION  OF  A  SEXUAL
   14  PERFORMANCE  BY A CHILD AS DEFINED IN ARTICLE TWO HUNDRED SIXTY-THREE OF
   15  THE PENAL LAW.  The employee shall be terminated without a  hearing,  as
   16  provided  for  in  this  section,  upon  conviction of a sex offense, as
   17  defined in subparagraph two of paragraph b  of  subdivision  seven-a  of
   18  section  three  hundred five of this chapter. To the extent this section
   19  applies to an employee acting as a school administrator  or  supervisor,
   20  as  defined  in subparagraph three of paragraph b of subdivision seven-b
   21  of section three hundred five of this chapter, such  employee  shall  be
   22  terminated  without  a  hearing,  as  provided for in this section, upon
   23  conviction of a felony offense defined in subparagraph two of  paragraph
   24  b of subdivision seven-b of section three hundred five of this chapter.
   25    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01634-01-1