What's happening
This bill creates a confidential internal registry of active investigations into New York teaching certificate holders accused of sexual misconduct or boundary violations, notifying relevant administrators during background checks.
Why it matters
Creates a confidential system to track active investigations. into teachers or applicants accused of sexual misconduct or boundary violations, helping prevent accused individuals from moving between schools undetected while investigations are ongoing.
Notifies school superintendents during background checks. if a candidate is on the registry, giving hiring authorities crucial information to consider before making employment decisions—while restricting who may access or share this information.
Sets clear rules for adding and removing individuals from the registry,. including prompt notification to the individual involved and an appeal process, which aims to balance transparency, due process, and protection of student safety.
Prioritizes and expedites the handling of these investigations,. requiring formal disciplinary proceedings to move forward promptly and ensuring that cases involving potential sexual misconduct or boundary violations are not delayed.
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Who cares
State Education Department
The bill would require the department to maintain a confidential registry of specified active moral-character investigations and prioritize those cases for completion.
School superintendents and chief school administrators
They would receive notice during hiring background checks if a candidate is on the registry, with investigation details and a warning that the outcome remains undetermined.
Teaching certificate holders under investigation
Those added to the registry would receive same-day written notice, have thirty days to appeal, and receive a decision within thirty days of the commissioner receiving the appeal.
Headline styles
Track Teacher Misconduct Complaints
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 42
No co-sponsors yet.
History
- Recommit, enacting clause stricken
- Reported and committed to finance
- Referred to education
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
312
2025-2026 Regular Sessions
IN SENATE (Prefiled)
January 8, 2025
Introduced by Sen. SKOUFIS -- 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 complaints concerning the moral character of individuals who hold or who are applicants for New York State teaching certificates
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 305-a to read as follows:
§ 305-a. Complaints concerning the moral character of individuals who hold or who are applicants for New York state teaching certificates. 1. The commissioner shall maintain an internal registry of certain active investigations against certified individuals. The registry shall exclusively include active investigations for which the complaint against a certified individual is a boundary violation between the certificate holder and a student, a sex-related offense, or a complaint that is sexual in nature. For the purposes of this subdivision, a boundary violation shall mean an act, omission, or pattern of such behavior that is a deviation from the professional behavior required of a school employee, which may lead to a sex-related offense or offense that is sexual in nature, as determined by the commissioner. Such registry shall include information about such certified individuals, including their full name, position or most recent position held, place of employment or place of most recent employment, the date on which the department received the part eighty-three complaint from the school district, the nature of the complaint, the current status of the investigation, and the date by which the department must issue notice whether a substantial question exists as to the moral character of an individual.
2. (a) The department shall add an individual to the registry only when the complaint regarding moral character has been made by a super-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00945-01-5
intendent or chief school administrator if the title of superintendent is not applicable. The department shall add an individual to the internal registry on the same day it assigns the complaint to an investigator. The department shall not add an individual to the internal registry if the department determines they do not have the authority to investigate that complaint. The department shall ensure that the information in the registry is regularly updated and accurate.
(b) The department shall remove a certified individual from the internal registry on the same day the investigation into the allegation is closed or upon a determination by a hearing officer or the commissioner that the individual has good moral character. The commissioner shall have the authority to determine whether an individual may remain on the registry if the department determines a substantial question exists as to the moral character of the individual. If an individual is added to the registry, formal disciplinary proceedings must be promptly instituted, prosecuted, and/or completed. All complaints against certified individuals that result in an individual being added to the registry shall be prioritized for completion by the department.
(c) The department shall notify, in writing, an individual on the same day that the individual is added to and removed from the internal registry. Within the notice of an individual added to the internal registry, the department shall include the date by which the department must issue notice whether a substantial question exists as to the moral character of an individual. The department shall also include notice of the opportunity for the individual to appeal and instructions on how to do so.
3. (a) Upon receiving the request for a background check for an individual from a school district, the department shall include, with the background check materials, notification if the individual is on the internal registry and shall notify solely the superintendent, or chief school administrator if the title of superintendent is not applicable, of such school district where the individual is seeking employment, that the individual is on the internal registry. Disclosure of the status of an investigation by anyone but the superintendent or chief school administrator shall be prohibited.
(b) If the individual is on the internal registry, the department shall provide, along with the background check materials, the individual's full name, position or most recent position held, place of employment or place of most recent employment, the date on which the department received the part eighty-three complaint, and the date by which the department must issue notice whether a substantial question exists as to the moral character of an individual. The department shall include notice that the registry exclusively contains active investigations for which the complaint against a certified individual is a boundary violation between the certificate holder and a student, a sex-related offense, or a complaint that is sexual in nature, as determined by the commissioner. The department shall also include the current status of the investigation and make it clear that the outcome of the investigation regarding the individual's moral character has not yet been determined.
4. Pursuant to subdivision seven of this section, the commissioner shall establish procedures for appeals. Within thirty days from the date an individual receives notice of their inclusion in the registry, the individual may commence an appeal to the commissioner. The commissioner shall conduct a review of the appeal, including any supporting documentation provided by the certified individual. The commissioner shall render a decision on the appeal within thirty days of receiving such appeal.
5. Except as provided in this section, information related to part eighty-three investigations and the internal registry of certain active investigations against certified individuals shall be confidential and shall not be subject to public disclosure.
6. All actions regarding complaints against a certified individual's moral character are pending the prompt institution, prosecution, and completion of formal disciplinary proceedings.
7. The commissioner shall establish rules and regulations to promulgate this section and shall ensure it is congruent with current regulations regarding part eighty-three complaints of moral character of certified individuals.
§ 2. This act shall take effect on the ninetieth day after it shall have become a law.
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 complaints concerning the moral character of individuals who hold or who are applicants for New York State teaching certificates
Purpose
To allow the New York State Education Department to maintain an internal registry of moral character investigations for which the complaint against a certified individual is a boundary violation between the certificate holder and a student.
Summary of provisions
Section 1. Amends the Education law by adding new section 305-a, which establishes an internal registry of active investigations against certi- fied individuals. The registry shall exclusively include investigations for which the complaint against a certified individual is a boundary violation, a sexual offense, or an offense that is sexual in nature.
Section 2. Sets the effective date.
Justification
Current State law prohibits the State from taking action against an educator's license until there is a criminal conviction or the completion of a Part 83 investigation conducted by the State Education Department (SED) to assess the educator's moral character, as outlined in 8 NYCRR § 83.6. This process, which can often be lengthy, allows educators accused of serious misconduct, including sexual assault, to resign from their positions and apply to other schools without the receiving schools being aware of the accusations.
For example, in 2023, a teacher accused of sexual abuse, Alejandro Mendoza, resigned from Lakeland School District upon learning of an impending lawsuit alleging sexual abuse by a former student. Although the district reported the allegations to SED, initiating a Part 83 investigation, current State law prohibits SED from disclosing informa- tion about ongoing investigations. Consequently, Mendoza was hired by another school district, Monroe-Woodbury, which was unaware of the accu- sations. Only after a lawsuit and publicized investigation did Monroe- Woodbury learn of the allegations and remove Mendoza from the classroom.
To address such situations, this bill would mandate that SED establish a registry of active allegations of boundary violations-defined as any conduct deviating from the professional standards required of school employees-against certified individuals. This registry would allow SED to flag individuals under investigation for boundary violations during background checks requested by schools.
This legislation ensures due process for certified individuals accused of serious offenses and protects students from potential harm. By equip- ping schools with timely and critical information, the bill promotes a safer student environment while maintaining fairness for educators under investigation.
Prior legislative history
Senate
2024: S9639A, Passed Senate
Assembly
2024: A10469A, Amend and Recommit to Education
Fiscal implications
None to the state.
Effective date
This act shall take effect on the nineteenth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.