S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                 10469--A
 
                           I N  A S S E M B L Y
 
                               May 29, 2024
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Benedetto)
   -- read once and referred to the Committee on Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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 ASSEM-
 BLY, 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 EXCLU-
 SIVELY  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 EMPLOY-
 MENT OR PLACE OF MOST RECENT EMPLOYMENT, THE DATE ON WHICH  THE  DEPART-
 MENT  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-
 INTENDENT OR CHIEF SCHOOL ADMINISTRATOR IF THE TITLE  OF  SUPERINTENDENT
 IS NOT APPLICABLE.  THE DEPARTMENT SHALL ADD AN INDIVIDUAL TO THE INTER-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13577-12-4
 A. 10469--A                         2

 NAL  REGISTRY  ON  THE  SAME DAY IT ASSIGNS THE COMPLAINT TO AN INVESTI-
 GATOR. THE DEPARTMENT SHALL NOT ADD AN INDIVIDUAL TO THE INTERNAL REGIS-
 TRY IF THE DEPARTMENT DETERMINES THEY  DO  NOT  HAVE  THE  AUTHORITY  TO
 INVESTIGATE THAT COMPLAINT.  THE DEPARTMENT SHALL ENSURE THAT THE INFOR-
 MATION IN THE REGISTRY IS REGULARLY UPDATED AND ACCURATE.
   (B) THE DEPARTMENT SHALL REMOVE A CERTIFIED INDIVIDUAL FROM THE INTER-
 NAL  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 INSTI-
 TUTED, 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 REGIS-
 TRY. 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  INDI-
 VIDUAL  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 ADMIN-
 ISTRATOR SHALL BE PROHIBITED.
   (B)  IF  THE  INDIVIDUAL  IS  ON THE INTERNAL REGISTRY, THE DEPARTMENT
 SHALL PROVIDE, ALONG WITH THE BACKGROUND CHECK MATERIALS,  THE  INDIVID-
 UAL'S FULL NAME, POSITION OR MOST RECENT POSITION HELD, PLACE OF EMPLOY-
 MENT  OR  PLACE OF MOST RECENT EMPLOYMENT, THE DATE ON WHICH THE DEPART-
 MENT 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  INVESTI-
 GATIONS  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  COMMIS-
 SIONER  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.
 A. 10469--A                         3
 
   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 PROMUL-
 GATE THIS SECTION AND SHALL ENSURE IT IS CONGRUENT  WITH  CURRENT  REGU-
 LATIONS  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.