Legal Question in Education Law in New York

A teacher was found liable for battery but not assault in civil court. The alleged events took place 12 years ago in another state. The teacher has taught in NY without incident since then. The superintendent of her district was notified about the incident and civil verdict. Are they required by law to report this to the NYS State Education Department? As a result if the teacher loses her teaching license, could she then bring a suit against the superintendent and district that reported her?


Asked on 8/04/09, 10:13 am

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

Under the education law incidents of corporal punishment are required to be reported about any teacher, but this does not mean a district is required to analyze and interpret the meaning of a jury verdict about an incident that occurred 12 years ago. In fact, without knowing more than that there was a verdict for battery, it means nothing reltive to corporal punishment.

The proper thing for the teacher to do is to write a letter to the licensing division of the department of education and explain the circumstances, because if it is arguably relevant, not informing them may be worse then informing them.

As to remedies against the district for reporting the verdict, it really depends upon the facts, and what the person making the report knows.

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Answered on 8/11/09, 9:53 am


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