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.
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:
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 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04081-01-9
