Assembly Bill A778

2011-2012 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A778 (ACTIVE) - Details

Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §3020-a, Ed L
Versions Introduced in Other Legislative Sessions:
2009-2010: A1794
2013-2014: A3284

2011-A778 (ACTIVE) - Summary

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.

2011-A778 (ACTIVE) - Bill Text download pdf 

                            
                    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:

  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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