NY State Senate Bill 2023-S9639A

Senate Bill S9639A

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 03, 2024	referred to education delivered to assembly passed senate ordered to third reading cal.1670 committee discharged and committed to rules
May 29, 2024	print number 9639a
May 29, 2024	amend and recommit to education
May 16, 2024	referred to education

Votes

- Jun 3, 2024 - Floor Vote
  S9639A
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 3, 2024
      
      aye (60)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      excused (2)
      
      Brouk
      
      Walczyk
  Jun 3, 2024 - Rules Committee Vote
  S9639A
  
  18
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 3, 2024
      
      aye (18)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Griffo
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (2)
      
      Helming
      
      Lanza

Bill Amendments

Original

A (Active)

2023-S9639 - Details

See Assembly Version of this Bill:: A10469
Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Add §305-a, Ed L

2023-S9639 - Summary

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

2023-S9639 - Sponsor Memo

                                 
BILL NUMBER: S9639

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 OR GENERAL IDEA OF BILL:

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 pursuant to part 83 of title 8 of the New York codes,
rules and regulations. The registry shall exclusively include investi-

gations for which the complaint against a certified individual is a
boundary violation between the certificate holder and a student, includ-
ing but not limited to sex-offenses.

Section 2. Sets the effective date.

 
JUSTIFICATION:

Current State law prohibits the State from taking action against an
educator's license until there's a criminal conviction or the completion
of an often lengthy part 83 investigation focused on the educator's
moral character by the State Education Department (SED), pursuant to 8
NYCRR § 83.6. As a result, educators accused of serious offenses, like
sexual assault, can resign and freely apply to other schools without
those schools knowing about the accusations.

For instance, in 2023, a teacher accused of sexual abuse, Alejandro
Mendoza, resigned from Lakeland School upon learning of an impending
lawsuit alleging sexual abuse against him from a former student.  The
district reported the allegations to SED, triggering a part 83 investi-
gation. Despite this, Mendoza was hired by another school, Monroe-Wood-
bury, because current State law restricts SED from disclosing any infor-
mation about ongoing investigations. It was only after a lawsuit was
filed and an investigation was publicized that Monroe-Woodbury learned
about the accusations and removed Mendoza from the classroom.

To prevent such situations, this bill would require SED to maintain a
registry of active allegations of sex offenses against certified indi-
viduals. When schools request background checks, SED would flag individ-
uals under investigation for boundary violations between a certificate
holder and a student, helping schools protect students while ensuring
due process for, the accused.

To prevent such situations, this bill would require SED to maintain a
registry of active allegations of boundary violations against certified
individuals. When schools request background checks, SED would flag the
individual if they are currently under investigation.  This bill
balances due process for certified individuals accused of a sexual
offense with schools' interest in keeping their students safe from sexu-
al predators.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become a
law.

2023-S9639 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9639
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 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  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 PURSUANT  TO  PART  EIGHTY-
 THREE  OF TITLE EIGHT OF THE NEW YORK CODES, RULES AND REGULATIONS.  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, INCLUDING BUT NOT LIMITED TO A
 SEX-RELATED OFFENSE OR A COMPLAINT THAT  IS  SEXUAL  IN  NATURE.    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 INVES-
 TIGATION, 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-
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13577-09-4

 S. 9639                             2
 
 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  LIST,  FORMAL DISCIPLINARY PROCEEDINGS MUST BE PROMPTLY INSTITUTED,
 PROSECUTED, AND/OR COMPLETED.
   (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, INFORMATION  ABOUT  THE
 NATURE  OF  THE  COMPLAINT AGAINST THE INDIVIDUAL, 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  ALSO
 INCLUDE  THE  CURRENT STATUS OF THE INVESTIGATION AND MAKE IT CLEAR THAT
 THE OUTCOME OF THE INVESTIGATION REGARDING THE INDIVIDUAL'S MORAL  CHAR-
 ACTER HAS NOT YET BEEN DETERMINED.
   4.  THE  COMMISSIONER  SHALL ESTABLISH PROCEDURES FOR APPEALS.  WITHIN
 THIRTY DAYS FROM THE DATE AN INDIVIDUAL RECEIVES NOTICE OF THEIR  INCLU-
 SION  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 INDI-
 VIDUAL. 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 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.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

2023-S9639A (ACTIVE) - Details

See Assembly Version of this Bill:: A10469
Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Add §305-a, Ed L

2023-S9639A (ACTIVE) - Summary

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

2023-S9639A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9639A

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's a criminal conviction or the completion
of an often lengthy part 83 investigation focused on the educator's
moral character by the State Education Department(SED), pursuant to 8
NYCRR § 83.6. As a result, educators accused of serious offenses, like
sexual assault, can resign and freely apply to other schools without
those schools knowing about the accusations.

For instance, in 2023, a teacher accused of sexual abuse, Alejandro
Mendoza, resigned from Lakeland School upon learning of an impending
lawsuit alleging sexual abuse against him from a former student. The
district reported the allegations to SED, triggering a part 83 investi-
gation. Despite this, Mendoza was hired by another school, Monroe-Wood-
bury, because current State law restricts SED from disclosing any infor-
mation about ongoing investigations. It was only after a lawsuit was
filed and an investigation was publicized that Monroe-Woodbury learned
about the accusations and removed Mendoza from the classroom.

To prevent such situations, this bill would require SED to maintain a
registry of active allegations of boundary violations, any behavior that
is a deviation from the professional behavior required of a school
employee, against certified individuals. When schools request background
checks, SED will flag individuals under investigation for boundary
violations between a certificate holder and a student, helping schools
protect students while ensuring due process for the accused.

To prevent such situations, this bill would require SED to maintain a
registry of active allegations of boundary violations against certified
individuals. When schools request background checks, SED will flag the
individual if they are currently under investigation.  This bill
balances due process for certified individuals accused of a sexual
offense with schools' interest in keeping their students safe from sexu-
al predators.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become a
law.

2023-S9639A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9639--A
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed 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.

                                                            LBD13577-10-4
 S. 9639--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.
 S. 9639--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.

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