Prohibits certain school personnel from school grounds

1 Co-sponsor

• Kevin S. Parker

BILL NUMBER:S5908

Title of bill

An act to amend the education law, in relation to prohibiting certain school personnel from school grounds for allegations of sexual offenses

Purpose or general idea of bill

Allows school districts and administrators to prohibit school personnel from entering classrooms, school buildings and or school grounds if such school personnel is charged with any of the sexual offenses under article 130 of the penal law.

Summary of specific provisions

Section 1. Amends the education law by adding a new section, 1134 Allows school districts and or school administrators in both private and public schools to prohibit school personnel from entering a classroom, school building and or school grounds if such school personnel has been charged with any of the sexual offenses under article one hundred thirty of the penal law. Provides that such prohibition from entering school facilities will be in effect until the adjudication of such matter.

Section 2. Effective Date

Existing law

None

Justification

On Wednesday June 19, 2013, a teacher at P.S. 386 in the Bronx was arrested for raping his ten year old fifth grade student. News reports in the New York Daily News and New York Post provided sickening accounts of the assault and how the perpetrator lured her with gifts including an iPhone, According to a criminal complaint, the teacher sexually assaulted the little girl at least three times between April and June. Prosecutors have indicated that the assaults happened twice at the elementary school, and a third time in his car after he drove the student to an area near P.S. 196.

This horrific story is not the only instance where a teacher has been accused of sexually assaulting a student. In most cases, as unbelievable as it seems, the teacher has been allowed to remain in the classroom. According to a New York Daily News investigation "education officials tried to fire 128 school employees since 2007 for sexual misconduct or inappropriate relationships with students - but only 33 were actually axed."

The teacher in this most recent case is charged with two counts of predatory sexual assault against a child, two counts of rape in the first degree, three counts of sexual abuse in the first degree and endangering the welfare of a child. If convicted of sexual assault, he faces up to 25 years to life in prison. He he is being held in lieu of $750,000 bond or $500,000 cash. Even though this predator is behind bars, there is nothing in current state statute that would prohibit others who have been charged with sexual offenses from remaining in the classroom or being on school grounds.

This legislation is a common sense approach to closing what is an obvious gap in state statute. If you are an employee of a public or

private school and you are charge I with any of the sexual offenses under Section 130 of the Penal Law, school districts and administrators will now have the ability to prevent you from entering a classroom, school building and or school grounds until your matter is adjudicated. Our children, as well as every school employee, must be protected and sexual predators must not be allowed to enter a classroom, a school building or school grounds.

Prior legislative history

New Bill

Fiscal implications

None

Effective date

Immediately