NY State Senate Bill 2025-S312

Senate Bill S312

2025-2026 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 Senate Committee Education 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to education

2025-S312 (ACTIVE) - Details

Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Add §305-a, Ed L
Versions Introduced in 2023-2024 Legislative Session:: S9639

2025-S312 (ACTIVE) - Summary

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

2025-S312 (ACTIVE) - Sponsor Memo

                                 
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.

2025-S312 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    312
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (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  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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00945-01-5
 S. 312                              2
 
 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
 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
 S. 312                              3
 
 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 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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