§ 1131 — Actions upon criminal conviction of a licensed or certified school employee

New York § 1131

• Jurisdiction: New York
• Law EDN: Education
• Title 1: General Provisions Article 1 Short Title and Definitions (§§
• Art. 23-B: Child Abuse In an Educational Setting

Text

§ 1131. Actions upon criminal conviction of a licensed or certified\nschool employee. 1. In the event that a licensed or certified school\nemployee against whom an allegation of child abuse in an educational\nsetting has been made, is convicted of any crime involving child abuse\nin an educational setting, the district attorney shall provide notice\nthereof to the commissioner and the superintendent of schools of the\ndistrict or, in a school other than a school district or public school,\nthe school administrator where the acts of child abuse occurred and to\nthe school where the child is attending, if different.\n 2. Upon receiving notice of a conviction from a district attorney\npursuant to subdivision one of this section, the commissioner shall,\nwithout delay, proceed to determine whether the individual possesses\ngood moral character, in accordance with the regulations of the\ncommissioner governing such a determination.\n 3. Nothing in this article shall be construed as creating any\nauthority to take an adverse action against an employee or volunteer by\nvirtue of a report pursuant to this article which has not been\nsubstantiated.\n 4. An employee or volunteer who has adverse action taken against him\nor her by virtue of or in connection with any report made pursuant to\nthis article shall be entitled to receive a copy of such report and\nrespond to the allegations of child abuse made therein. Any employee or\nvolunteer shall, in addition, be entitled to seek disclosure of such\nreport pursuant to article six of the public officers law.\n