Legal Question in Education Law in New York

Education Law

I am a NYS certified tenure teacher.

I was ''asked to stay home with full

pay'' until a state investigation into a

federal civil rights case I lost in part

was investigated. The case took place

in Federal Court in Pennsylvania

involving a former student there.

The allegations took place in 1997. I

have no criminal record and no

complaints at my current job in NY.

Is their a time line as to how long

can they keep me home with pay

while they investigate? And is their

grounds for an investigation if there

were no complaints made?


Asked on 2/07/07, 1:45 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Education Law

This is a complex question because it depends on whether the student was a child. It also involves PA and NY law

and federal law.

If the case involved allegations of child maltreatment or

abuse, and there was a "finding" against you, the NYS Registry would be obligated pursuant to the Social Services law, to report you to prospective employers as someone who deals with children in their employment. Teachers and social workers etc. are subject to this type of reporting and there is no time limitation that I know of, unless the registry is expunged.

If it did not involve a child however,

you should be able to get an answer from the teachers Union. If you would like to make an appointment to discuss this please let me know.

Read more
Answered on 2/07/07, 4:48 pm


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