What's happening
The bill prohibits school personnel charged with sexual offenses from entering school grounds until their case is resolved.
Why it matters
Enhances student safety. by immediately removing any school personnel charged (not just convicted) with sexual offenses from the school environment, aiming to minimize potential risks to students while legal proceedings are ongoing.
Impacts due process and employment rights. , as staff are barred from school grounds based solely on being charged, not convicted—raising important questions about balancing student protection with the rights of the accused.
Affects both public and private schools. , meaning all educational institutions in New York State would be required to follow this policy, ensuring a uniform standard of response across different types of schools.
Could influence school operations and staffing. , as schools would need procedures for quickly addressing charges against employees, potentially causing sudden staff shortages and requiring contingency planning.
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Who cares
Public school districts
The bill would require them to bar employees charged with a sexual offense under Penal Law Article 130 from classrooms, school buildings and school grounds until the matter is adjudicated.
Private school administrators
They would have to enforce the same exclusion for teachers, administrators and other employees facing those charges.
Teachers and other school employees
Those charged with a covered sexual offense would be barred from school premises pending adjudication, without requiring a conviction.
Headline styles
Bar Accused Staff from Schools
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to education
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Accused Staff from Schools
In Assembly Committee · Education · Sponsor Marcos Crespo
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4947
2017-2018 Regular Sessions
IN SENATE
March 3, 2017
Introduced by Sen. DIAZ -- 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 prohibiting certain school personnel from school grounds for allegations of sexual offenses
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The education law is amended by adding a new section 1134 to read as follows:
§ 1134. School personnel prohibited from entering. Notwithstanding any provisions of law to the contrary, school districts and/or school administrators in either a public or private school shall prohibit teachers, administrators or any other employee from entering a classroom, school building and/or school grounds if such teacher, administrator, or other employee has been charged with any of the sexual offenses under article one hundred thirty of the penal law until the adjudication of such matter.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07280-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 are 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 have 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 charged 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
2016: S.350- REFERRED TO EDUCATION/A.6885- referred to education 2015: S.350- REFERRED TO EDUCATION/A.6885- referred to education 2014: S.5908 - Referred to Education/A.8166 - Referred to Education 2013: S.5908 - Referred to Rules/A.8166 - Referred to Education
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.