BILL NUMBER: S312
SPONSOR: SKOUFIS
 
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.