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Teachers convicted of sex crimes will lose NYS teaching license

Teachers convicted of sex crimes will lose NYS teaching license
Assembly Bill 11500-A -- Senate Bill 8553

Legislation providing for the automatic revocation of a teaching certificate held by any school official convicted of a sex offense has been passed by the New York State Assembly and the New York State Senate.

The new law will require District Attorneys to notify the State Education Department (SED) when teachers, school administrators or other professional educators are convicted of sexual offenses that require them to register on the state?s Sex Offender Registry.

This legislation ?streamlines? the process for revoking a certificate and terminating employment of a teacher who would have already received due process in a criminal proceeding as the Commissioner of Education would not be required to conduct an administrative hearing before revoking the teacher?s license. Insofar as the individual?s appointing authority is concerned, the bill amends Education Law Section 3020-a[2](b), which will now provide that ?The employee shall be terminated without a hearing, as provided for in this section, upon conviction of a sex offense ?.?

However, the bill permits the Commissioner of Education to conduct a due process hearing and a school district may bring a disciplinary proceeding pursuant to Section 3020-a or pursuant to an alternative disciplinary proceeding set out in a collective bargaining or contractual agreement as a matter of discretion.

In addition, the bill provides for the restoration of the individual?s teaching license under certain conditions such as where the termination of employment was based solely on the conviction of a sex offense, or the revocation or annulment of a certificate based on such conviction, and such conviction has been set aside on appeal or otherwise reversed, vacated or annulled. This provision is similar to those set out in Section 30(e) of the Public Officers Law.

This act shall take effect immediately and shall apply to convictions of individuals occurring on or after such date.

Similar legislation providing for the automatic revocation of an administrator?s license upon his or her conviction for defrauding the government has also been passed by both houses of the State Legislature and is expected to be signed by the Governor. [See Administrator Fraud: A 11513-A; S 8554.]

The full text of A11500-A and S-8553 is posted at:

http://nypublicpersonnellawarchives.blogspot.com/2008/06/automatic-revocation-of-teaching.html

The full text of A11513-A and S-8554 is posted at:

http://nypublicpersonnellawarchives.blogspot.com/2008/06/autmatic-revocation-of-administrators.html

Full post as published by New York Public Personnel Law on June 20, 2008 (boomark / email).