Requires the commissioner of education to promulgate regulations that provide for the immediate decertification of any teacher who is convicted of a felony under NY law or any offense under the laws of another jurisdiction that would be a felony under NY law.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4858
SPONSOR: Barclay TITLE OF BILL:
An act to amend the education law, in relation to decertification of a
teacher who has been convicted of a felony
PURPOSE OR GENERAL IDEA OF BILL:
To prevent teachers who have been convicted of a serious crime in one
state from subsequently gaining employment in the teaching profession in
another state.
SUMMARY OF PROVISIONS:
Section 3004 of the education law is amending by adding a closing para-
graph to read: The Commissioner of Education shall prescribe regu-
lations that require the immediate decertification of any teacher who is
convicted of a felony under the laws of New York State or an offense
under the laws of another state that would constitute a felony if it had
been committed in New York State
JUSTIFICATION:
Currently a teacher who is convicted of a felony in New York State does
not lose his or her teaching certificate. This allows the individual to
leave the state and remain employed as a teacher in another state.
Recently an alarming number of cases have arisen indicating that serious
crimes against students are being committed by teachers who have been
convicted of felonies, relocated in another state, then committed simi-
lar crimes against others. This bill would eliminate that opportunity.
One case in particular has spurred this legislation in other states. In
that instance, a teacher was convicted of the rape of a student, then,
upon release moved to a nearby state and began teaching, based on his
out-of-state teaching certificate. He subsequently raped another
student. A person convicted of a felony indicates a character that
should not be allowed to be held up as a role model for youth.
PRIOR LEGISLATIVE HISTORY:
1995-96 A4998 Held for consideration in Education
1997-98 A4992 Held for consideration in Education
1999-00 A6055 Held for consideration in Education
2001-02 A5491 Held for consideration in Education
2003-04 A5755 Held for consideration in Education
2005-06 A3989 Held for consideration in Education
2007-08 A4018 Held for consideration in Education
2009-10 A2965 Held for consideration in Education
2011-12 A4225 Held for consideration in Education
2013-14 A4449 Held for consideration in Education
2015-16 A5299 Held for consideration in education
2017-18 A3600 Held for consideration in education
2019-20 A5446 Held for consideration in Education
2021-22 A6414 Referred to Education
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
none
EFFECTIVE DATE:
November 1 after it shall become law
STATE OF NEW YORK
________________________________________________________________________
4858
2023-2024 Regular Sessions
IN ASSEMBLY
February 23, 2023
___________
Introduced by M. of A. BARCLAY, MANKTELOW, MORINELLO, BYRNES,
J. M. GIGLIO, LEMONDES, BRABENEC -- Multi-Sponsored by -- M. of A.
K. BROWN -- read once and referred to the Committee on Education
AN ACT to amend the education law, in relation to decertification of a
teacher who has been convicted of a felony
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 3004 of the education law is amended by adding a
2 new closing paragraph to read as follows:
3 The commissioner shall prescribe regulations that require the immedi-
4 ate decertification of any teacher who is convicted of a felony under
5 the laws of this state or any offense under the laws of another state
6 that, had it occurred in this state, would have constituted a felony.
7 § 2. This act shall take effect on the first of November next succeed-
8 ing the date on which it shall have become a law. Effective immediately
9 the regulations necessary for the implementation of the provisions of
10 this act shall be promulgated on or before such first of November.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04911-01-3
