Bill S639-2009

Requires the suspending of pay of tenured teachers upon the conviction of a felony for possessing certain sexual performance materials

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 defines in article two hundred sixty-three of the penal law.

Details

Actions

  • Jan 6, 2010: REFERRED TO EDUCATION
  • Jan 12, 2009: REFERRED TO EDUCATION

Memo

 BILL NUMBER:  S639

TITLE OF BILL :

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

PURPOSE :

Requires the suspension of pay for tenured teachers upon the conviction of a felony for possessing an obscene sexual performance or a sexual performance by a child, use of a child in a sexual performance, promoting an obscene sexual performance by a child, or promoting a sexual performance by a child.

SUMMARY OF PROVISIONS :

Section 1: Amends Education Law section 3020-a (2)(b) to broaden the scope for suspending a tenured teacher to include those who have been convicted of a felony count for possessing an obscene sexual performance or sexual performance by a child, use of a child in a sexual performance, or promoting an obscene sexual or sexual performance by a child.

EXISTING LAW :

Under current law, a tenured teacher may be suspended and ultimately tired if such employee is convicted of a felony count for the criminal sale or possession of a controlled substance or drug paraphernalia, or for a felony crime involving the physical or sexual abuse of a minor or a student.

JUSTIFICATION :

Teachers should possess the utmost moral character and not attracted to children or their pupils in any way that has any sexual connotation. This bill expands the scope of reasons to dismiss a teacher if such teacher has been convicted of felony crimes that relate to possessing obscene sexual material or a sexual performance of a child. promoting an obscene sexual or sexual performance by a child as such felonies are defined in Penal Law Article 263.

LEGISLATIVE HISTORY :

S.61-A and A.6701-A of 2005/2006 S.189 of 2007/2008

FISCAL IMPLICATIONS :

None.

LOCAL FISCAL IMPLICATIONS :

None.

EFFECTIVE DATE : Immediate.

Text

STATE OF NEW YORK ________________________________________________________________________ 639 2009-2010 Regular Sessions IN SENATE January 12, 2009 ___________
Introduced by Sens. LARKIN, LANZA, LEIBELL, ROBACH -- read twice and ordered printed, and when printed to be committed 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: Section 1. Paragraph (b) of subdivision 2 of section 3020-a of the education law, as separately amended by chapters 296 and 325 of the laws of 2008, is amended to read as follows: (b) The employee may be suspended pending a hearing on the charges and the final determination thereof. The suspension shall be with pay, except the employee may be suspended without pay if the employee has entered a guilty plea to or has been convicted of a felony crime concerning the criminal sale or possession of a controlled substance, a precursor of a controlled substance, or drug paraphernalia as defined in article two hundred twenty or two hundred twenty-one of the penal law; [or] a felony crime involving the physical abuse of a minor or student; OR A FELONY CRIME INVOLVING POSSESSION OR PROMOTION OF AN OBSCENE SEXUAL PERFORMANCE BY A CHILD OR USE, POSSESSION OR PROMOTION OF A SEXUAL PERFORMANCE BY A CHILD AS DEFINED IN ARTICLE TWO HUNDRED SIXTY-THREE OF THE PENAL LAW. The employee shall be terminated without a hearing, as provided for in this section, upon conviction of a sex offense, as defined in subparagraph two of paragraph b of subdivision seven-a of section three hundred five of this chapter. To the extent this section applies to an employee acting as a school administrator or supervisor, as defined in subparagraph three of paragraph b of subdivision seven-b of section three hundred five of this chapter, such employee shall be terminated without a hearing, as provided for in this section, upon conviction of a felony offense defined in subparagraph two of paragraph b of subdivision seven-b of section three hundred five of this chapter. S 2. This act shall take effect immediately.

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