SED proposes interim suspension procedure for educators accused of sexual misconduct

On Board Online • February 3, 2025

By Sara Foss
Special Correspondent

The State Education Department (SED) has proposed the Board of Regents create an interim suspension procedure for educators accused of sexual misconduct or violating the appropriate boundaries of the student/teacher relationship.

A 2022 federally commissioned survey of 6,632 recent high school graduates in four states by the John Jay College of Criminal Justice found 11.7% of graduates reported "at least one form of educator sexual misconduct during grades K-12" - most often, sexual comments. Fewer than 1% of those surveyed reported other forms of sexual misconduct such as receiving sexual photos and messages, being kissed, being touched sexually or engaging in sexual intercourse or oral sex.

The proposed amendment would help school districts address safety concerns when allegations arise while protecting the rights of staff to due process, according to state officials.

If approved, new language would be added to state regulations related to the "moral character" of those able to hold teaching certificates. That would enable school districts and BOCES to ask SED to temporarily suspend an individual's teaching certificate after a review process taking several weeks, if not months.

An SED memo states that an allegation of a sex offense or boundary violation must be supported by sworn statements, personal knowledge and exhibits that demonstrate, "by a preponderance of the evidence, that the public health, safety or welfare imperatively requires emergency action."

An example of a referral that would not meet this standard would be a witness statement consisting solely of uncorroborated hearsay.

Under the plan, a school or district petition would trigger an SED review process. SED would have 45 days to decide whether to serve the accused with a notice of a hearing based on the information provided by the school district or BOCES. The notice would describe the allegations, set the time and place for oral argument and identify a hearing officer selected from a panel of SED arbitrators.

The hearing officer would be required to submit a written report of their conclusions and recommendations within 14 days of the oral argument. Then the commissioner of education would determine whether to grant or deny the application for an interim suspension. If the commissioner grants the interim suspension, the accused would have the right to appeal.

While the interim suspension is in effect, the accused would not be allowed to use their teaching certificate. SED officials believe this will discourage individuals from applying for jobs that require a valid teaching certificate.

However, the interim suspension would be a private matter at this point. Under the proposed regulation, cases would remain confidential until appeals are exhausted; at that point, they can be publicly disclosed.

The proposed regulation was published in the State Register on Jan. 29 for a 60-day public comment period.

Also at the January Board of Regents meeting:

The Regents heard a presentation from the SED Office of Special Education and Adult Career and Continuing Education Services (ACCES) focused on how to ensure students with disabilities seamlessly transition from secondary education to post-secondary education, such as higher education and job training programs. The Office of Special Education and ACCES were recently reorganized into a unified entity to help further this goal.

The Regents' Audits/Budget and Finance committee heard a presentation on chronic absenteeism. Officials discussed a recent report from the New York State Comptroller looking at elevated rates of chronic absenteeism in New York schools, highlighted ongoing efforts to track chronic absenteeism and outlined plans to use a new attendance measure to measure the attendance rate of all enrolled students in a school.

Department staff provided an update on the status of the Performance-Based Learning and Assessment Networks Pilot to the Board of Regents' P-12 Education Committee. Twenty-three schools throughout New York are participating in the PLAN Pilot, which looks at how performance-based learning can be implemented in a diverse range of schools.thin 14 days of the oral argument. Then the commissioner of education would determine whether to grant or deny the application for an interim suspension. If the commissioner grants the interim suspension, the accused would have the right to appeal.

While the interim suspension is in effect, the accused would not be allowed to use their teaching certificate. SED officials believe this will discourage individuals from applying for jobs that require a valid teaching certificate.

However, the interim suspension would be a private matter at this point. Under the proposed regulation, cases would remain confidential until appeals are exhausted; at that point, they can be publicly disclosed.

The proposed regulation was published in the State Register on Jan. 29 for a 60-day public comment period.

Also at the January Board of Regents meeting:

• The Regents heard a presentation from the SED Office of Special Education and Adult Career and Continuing Education Services (ACCES) focused on how to ensure students with disabilities seamlessly transition from secondary education to post-secondary education, such as higher education and job training programs. The Office of Special Education and ACCES were recently reorganized into a unified entity to help further this goal.
• The Regents' Audits/Budget and Finance committee heard a presentation on chronic absenteeism. Officials discussed a recent report from the New York State Comptroller looking at elevated rates of chronic absenteeism in New York schools, highlighted ongoing efforts to track chronic absenteeism and outlined plans to use a new attendance measure to measure the attendance rate of all enrolled students in a school.
• Department staff provided an update on the status of the Performance-Based Learning and Assessment Networks Pilot to the Board of Regents' P-12 Education Committee. Twenty-three schools throughout New York are participating in the PLAN Pilot, which looks at how performance-based learning can be implemented in a diverse range of schools.