What's happening
This bill prohibits registered sex offenders from serving as trustees, principals, officers, or board members in public or charter schools.
Why it matters
Expands protections for students and school communities. by legally barring registered sex offenders from holding any governing or leadership positions in all types of public and charter schools, including BOCES and various district structures.
Imposes clear legal consequences. for violations of this prohibition, making it a class A misdemeanor for a first offense and a class D felony for repeat violations, which underscores the seriousness of compliance.
Closes potential loopholes in current law. by specifically naming school governance roles (trustees, principals, officers, board members) and applying the ban to all entities covered by the state’s sex offender registry, reducing the risk of individuals with relevant convictions influencing school policy or operations.
Strengthens community trust and school safety. by ensuring that individuals convicted of sexual offenses are prevented from accessing positions of authority or influence in educational settings, which can be a key concern for parents and staff.
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Who cares
People required to register under the Sex Offender Registration Act
The bill would bar them from serving as trustees, principals, officers or board of education members in the covered public schools or charter schools.
School districts, BOCES and charter schools
The bill would impose a registration-based eligibility restriction on people serving in these leadership and governance roles.
Prosecutors and criminal defense attorneys
Violating the new prohibition would be a class A misdemeanor for a first offense and a class D felony for a second or subsequent offense.
Headline styles
Bar Sex Offenders From Schools
Plain English, a few words. Used as the page title.
Sponsors
3 Co-sponsors
History
- Referred to crime victims, crime and correction
- Referred to crime victims, crime and correction
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 Sex Offenders from Schools
In Assembly Committee · Correction · Sponsor Fred Thiele
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 3723 A. 5516
2019-2020 Regular Sessions
SENATE - ASSEMBLY
February 13, 2019
IN SENATE -- Introduced by Sens. LAVALLE, GALLIVAN, SEWARD, YOUNG -read twice and ordered printed, and when printed to be committed to the Committee on Crime Victims, Crime and Correction
IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Correction
AN ACT to amend the correction law, in relation to prohibiting certain persons convicted under article six-C of the correction law from serving as a trustee, principal, officer, or member of a board of education of any public school in any BOCES, city, union free, common or central school district or any charter school
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 168-w of the correction law, as relettered by chapter 604 of the laws of 2005, is relettered section 168-x and a new section 168-w is added to read as follows:
§ 168-w. Prohibition of serving as a trustee, principal, officer, or member of a board of education of any public school in any BOCES, city, union free, common or central school district or any charter school. No person required to maintain registration under this article (sex offender registration act) shall be a trustee, principal, officer, or member of a board of education of any public school in any BOCES, city, union free, common or central school district or any charter school.
§ 2. Section 168-t of the correction law, as amended by chapter 373 of the laws of 2007, is amended to read as follows:
§ 168-t. Penalty. Any sex offender required to register or to verify pursuant to the provisions of this article who fails to register or verify in the manner and within the time periods provided for in this article shall be guilty of a class E felony upon conviction for the first offense, and upon conviction for a second or subsequent offense shall be guilty of a class D felony. Any sex offender who violates the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03205-01-9
S. 3723 2 A. 5516
provisions of section one hundred sixty-eight-v or one hundred sixtyeight-w of this article shall be guilty of a class A misdemeanor upon conviction for the first offense, and upon conviction for a second or subsequent offense shall be guilty of a class D felony. Any such failure to register or verify may also be the basis for revocation of parole pursuant to section two hundred fifty-nine-i of the executive law or the basis for revocation of probation pursuant to article four hundred ten of the criminal procedure law.
§ 3. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the correction law, in relation to prohibiting certain persons convicted under article six-C of the correction law from serving as a trustee, principal, officer, or member of a board of education of any public school in any BOCES, city, union free, common or central school district or any charter school
Purpose
To prevent any person required to register under the sex offender regis- tration act from serving as a trustee, principal, officer, or member of a board of education of any public school in any BOCES, city, union free, common or central school district or any charter school.
Summary of provisions
Section 168-w of the correction law, as re lettered by chapter 604 of the laws of 2005, is re lettered section 168-x and a new section 168-w is added to prohibit any person required to maintain registration under the sex offender registration act from serving as a trustee, principal, officer or member of a board of education of any public school in any BOCES, city union free, common or central school district or any charter school.
Justification
Individuals with this type of record should not be able to hold posi- tions of trust in the public schools.
Legislative history
2017-18 S.3822/A.3138;
2015-16 S.4153/A.5636;
2013-14 S.3309/A.4118;
2011-12 S.1857;
2009-10 S.2571.
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.