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This entry was published on 2019-06-07
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SECTION 1131
Actions upon criminal conviction of a licensed or certified school employee
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 23-B
§ 1131. Actions upon criminal conviction of a licensed or certified
school employee. 1. In the event that a licensed or certified school
employee against whom an allegation of child abuse in an educational
setting has been made, is convicted of any crime involving child abuse
in an educational setting, the district attorney shall provide notice
thereof to the commissioner and the superintendent of schools of the
district or, in a school other than a school district or public school,
the school administrator where the acts of child abuse occurred and to
the school where the child is attending, if different.

2. Upon receiving notice of a conviction from a district attorney
pursuant to subdivision one of this section, the commissioner shall,
without delay, proceed to determine whether the individual possesses
good moral character, in accordance with the regulations of the
commissioner governing such a determination.

3. Nothing in this article shall be construed as creating any
authority to take an adverse action against an employee or volunteer by
virtue of a report pursuant to this article which has not been
substantiated.

4. An employee or volunteer who has adverse action taken against him
or her by virtue of or in connection with any report made pursuant to
this article shall be entitled to receive a copy of such report and
respond to the allegations of child abuse made therein. Any employee or
volunteer shall, in addition, be entitled to seek disclosure of such
report pursuant to article six of the public officers law.