New York S 312: Relates to enacting the "protect main street act"

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S00312 Summary:

BILL NOS00312 

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SAME ASNo Same As

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SPONSORSKOUFIS

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COSPNSR

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MLTSPNSR

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Add §305-a, Ed L

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

Go to top S00312 Actions:

BILL NOS00312 

&nbsp

01/08/2025REFERRED TO EDUCATION

04/08/2025REPORTED AND COMMITTED TO FINANCE

12/01/2025RECOMMIT, ENACTING CLAUSE STRICKEN

Go to topS00312 Committee&nbspVotes:

Go to topS00312 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS00312 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 312

 2025-2026 Regular Sessions

 IN SENATE

 (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:

 1 Section 1. The education law is amended by adding a new section 305-a
 2 to read as follows:
 3 § 305-a. Complaints concerning the moral character of individuals who
 4 hold or who are applicants for New York state teaching certificates. 1.
 5 The commissioner shall maintain an internal registry of certain active
 6 investigations against certified individuals. The registry shall exclu-
 7 sively include active investigations for which the complaint against a
 8 certified individual is a boundary violation between the certificate
 9 holder and a student, a sex-related offense, or a complaint that is
 10 sexual in nature. For the purposes of this subdivision, a boundary
 11 violation shall mean an act, omission, or pattern of such behavior that
 12 is a deviation from the professional behavior required of a school
 13 employee, which may lead to a sex-related offense or offense that is
 14 sexual in nature, as determined by the commissioner. Such registry
 15 shall include information about such certified individuals, including
 16 their full name, position or most recent position held, place of employ-
 17 ment or place of most recent employment, the date on which the depart-
 18 ment received the part eighty-three complaint from the school district,
 19 the nature of the complaint, the current status of the investigation,
 20 and the date by which the department must issue notice whether a
 21 substantial question exists as to the moral character of an individual.
 22 2. (a) The department shall add an individual to the registry only
 23 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

 1 intendent or chief school administrator if the title of superintendent
 2 is not applicable. The department shall add an individual to the inter-
 3 nal registry on the same day it assigns the complaint to an investi-
 4 gator. The department shall not add an individual to the internal regis-
 5 try if the department determines they do not have the authority to
 6 investigate that complaint. The department shall ensure that the infor-
 7 mation in the registry is regularly updated and accurate.
 8 (b) The department shall remove a certified individual from the inter-
 9 nal registry on the same day the investigation into the allegation is
 10 closed or upon a determination by a hearing officer or the commissioner
 11 that the individual has good moral character. The commissioner shall
 12 have the authority to determine whether an individual may remain on the
 13 registry if the department determines a substantial question exists as
 14 to the moral character of the individual. If an individual is added to
 15 the registry, formal disciplinary proceedings must be promptly insti-
 16 tuted, prosecuted, and/or completed. All complaints against certified
 17 individuals that result in an individual being added to the registry
 18 shall be prioritized for completion by the department.