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History
- Referred to education
Full text
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Sponsor's memo
Title of bill
An act to amend chapter 147 of the laws of 2001, amending the education law relating to conditional appointment of school district, charter school or BOCES employees, in relation to extending the effectiveness thereof
Purpose of the bill
To extend the ability of school districts, charter schools, and Boards of Cooperative Educational Services (BOCES) to make conditional appointments of prospective employees under certain necessary conditions, as well as to extend the effectiveness of certain provisions of law relating to procedures for teacher removal of students from their classrooms.
Summary of provisions
Section 1 of the bill would extend the date on which the provisions of Chapter 147 of the Laws of 2001, as amended by Chapter 179 of the Laws of 2009, would expire from July 1, 2010 to July 1, 2012.
§2 of the bill would be the effective date.
Statement in support of the bill
Chapter 147 of the Laws of 2001 granted school districts, charter schools, and BOCES the authority to make conditional appointments for certain prospective school employees. This was needed because it was taking a longer than expected time to secure full clearances for employment from the Commissioner of Education under Education Law §305(30). Chapter 147 of the Laws of 2001 provided that it would be repealed after two years, on the assumption that these delays would be minimized and eliminated. This provision of law was extended for a one year period in 2009 as part of Chapter 179 of the Laws of 2009.
If Chapter 147 were to sunset, the technical amendments relating to teacher removal proceedings that were made by section 11 of Chapter 147 would also sunset. These amendments are necessary to make the timeframes for conducting informal conferences with teachers and building principals following a teacher's removal of a student from the classroom for disciplinary reasons workable for school districts. The amendments made by section 11 of Chapter 147 clarify that if the 24- or 48-hour period does not expire on a school day, it is extended to the corresponding time on the next school day. If these provisions are not extended, a teacher would be required to provide parents with an informal opportunity to be heard within 24 hours of a pupil's removal, even if the 24 hours expires on a Saturday or school holiday. Similarly, building principals would be required to offer parents the opportunity for an informal conference within 48 hours of a student's removal even if the student is removed late in the day on a Friday or before a school vacation.
This bill would recommend that the sunset on conditional clearances be extended for two additional years to allow a further assessment of the need for continued use of conditional clearances.
Budgetary implications of the bill
No additional costs would be associated with this legislation.
Prior legislative history
None.
Effective date
This act shall take effect immediately, except that if this act shall have become a law on or after July 1, 2010 this act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 1, 2010.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.