N.Y. Education Law § 1131: Actions upon criminal conviction of a licensed or certified school employee

§ 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.