Relates to complaints concerning the moral character of individuals who hold or who are applicants for New York State teaching certificates

◆ The sponsor's argument

Why James Skoufis says this is needed

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.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.