NYS Board of Regents reviews plan to 'fast track' teaching-license suspensions over sex abuse accusations
Teachers accused of sexually abusing students could face "fast-track" license suspensions under a proposed rules change reviewed Monday by the state's policymaking Board of Regents.
If approved at the Regents next meeting on May 5 in Albany, the new regulations could provide for speedier, temporary removal of accused teachers from their classrooms until all appeals in their cases are settled, state education officials said. However, those accused would be entitled to summary hearings before temporary license suspensions were imposed.
The Regents proposal comes as school districts across Long Island grapple with the financial fallout from sexual abuse alleged to have occurred in schools for decades.
A Newsday analysis of school and court records found districts have paid $167 million to settle 117 lawsuits brought by former students who say teachers, administrators and staffers abused them as children, and district officials either knew or should have known.
The lawsuits were filed under the Child Victims Act, a state law that temporarily permitted victims of childhood sex abuse to file claims regardless of when the abuse was alleged to have occurred. The window to file suits ended in 2021.
Officials in the New York State Department of Education who report to the Regents, and include a deputy commissioner and legal counsel, have concluded some teacher misconduct is "severe enough to justify the immediate, interim suspension" as a safety measure. Officials added Monday, however, they expected the rules change to affect a limited number of cases, perhaps 10 or 15 a year.
The proposed regulation, if approved, would take effect as early as May 21.
At Monday's meeting, state Education Commissioner Betty Rosa told Regents past cases involving accusations of sexual misconduct often resulted in negotiations between districts and teachers, during which the accused were allowed to quietly resign and seek jobs in other districts. In such instances, one district's problem became "someone else's problem," Rosa said.
"When we are looking at these kinds of serious issues, we need to think about the greater good, and that it is all of our problems," the commissioner said.
In response to the education department's latest proposal, a spokesperson for a statewide teachers union, Emily Allen, sent Newsday a statement saying her organization would review the proposed rules "to ensure they strike a fair balance." The union, New York State United Teachers, respresents more than 600,000 teachers, counselors and other school professionals.
"NYSUT fights tirelessly to ensure schools are safe places for everyone," Allen said. "We also fight to defend workers' rights to due process as a fundamental tenet of our justice system."
Robert Lowry, a representative of the New York Council of School Superintendents, told Newsday his organization supported the proposed rules change on suspensions in principle, but had not yet had time to evaluate details.
Teacher discipline came to the forefront on Long Island during an hours-long Babylon board meeting in November 2021 when former students accused a dozen teachers of sexual misconduct and blamed the district for mishandling the accusations.
Since then, five educators have surrendered their licenses, according to state records Newsday obtained through public records requests.
The state attorney general's office said its investigation into the Babylon allegations, which began following the November 2021 board meeting, is ongoing.
Laura Ahearn, executive director of the Ronkonkoma-based Crime Victims Center, credited Newsday's reporting for exposing "limitations in the law."
"If this policy change is implemented, it will send a message to students and their parents that reports of inappropriate behavior by teachers in a position of trust are being taken seriously," Ahearn said, "and terminated teachers will be unable to find another teaching job pending the outcome of a second process to remove their teaching certificate altogether."
Educators accused of misconduct face the potential of two disciplinary proceedings, as laid out in state law.
Districts seeking to terminate a tenured educator must win the right to do so from a state-appointed hearing officer after presenting their evidence. Separately, the state Education Department must petition a different hearing officer to revoke a teacher’s license, preventing them from teaching in another district.
The district process typically takes months, while the state process takes years. State education officials said at Monday's meeting the rules change would set tighter deadlines for summary suspensions on a "fast track." Those conducting hearings in such cases where teachers respond to charges against them would be required to make recommendations within 120 days. In addition, the state commissioner would have 60 days to resolve appeals of temporary suspensions.
Decisions on summary suspensions would be based on the "preponderance" of evidence such as court judgements or witness statements sworn under oath.
Newsday previously reported a review of 20 cases between 2019 and 2023 found it took the state education department an average of nearly three years to take action on an educator's license — and, in one case, more than eight years.
State officials attributed the delays to staffing issues, scheduling disruptions and investigators' preference to wait until outside investigations, disciplinary hearings, civil litigation and criminal investigations are resolved.
It’s rare for the state to act on an educator’s license.
There are about 36,000 public school educators on Long Island. Newsday reported in April 2023 the state education department in the previous decade revoked 43 licenses and compelled another 61 to surrender theirs rather than face a hearing.
Newsday submitted a new public records request with the education department in May seeking an updated database of educators whose licenses have since been revoked or surrendered since that article. The state has yet to provide the records.
Babylon alumna Brittany Rohl was the first to come forward with allegations of sexual misconduct in 2021. She called the Regents proposal “a good place to start.”
“I wish this was a starting point years ago, in the 21st century,” said Rohl, 31, of Staten Island. “It’s a long time coming.”
Teachers accused of sexually abusing students could face "fast-track" license suspensions under a proposed rules change reviewed Monday by the state's policymaking Board of Regents.
If approved at the Regents next meeting on May 5 in Albany, the new regulations could provide for speedier, temporary removal of accused teachers from their classrooms until all appeals in their cases are settled, state education officials said. However, those accused would be entitled to summary hearings before temporary license suspensions were imposed.
Decades of allegations
The Regents proposal comes as school districts across Long Island grapple with the financial fallout from sexual abuse alleged to have occurred in schools for decades.
A Newsday analysis of school and court records found districts have paid $167 million to settle 117 lawsuits brought by former students who say teachers, administrators and staffers abused them as children, and district officials either knew or should have known.
WHAT NEWSDAY FOUND
- Teachers accused of committing sexual abuse against students could face "fast-track" license suspensions under a proposed rules change .
- The proposed change before the state Board of Regents comes as school districts across Long Island grapple with the financial fallout from sexual abuse alleged to have occurred in schools for decades.
- The proposed regulation, if approved, would take effect as early as May 21.
The lawsuits were filed under the Child Victims Act, a state law that temporarily permitted victims of childhood sex abuse to file claims regardless of when the abuse was alleged to have occurred. The window to file suits ended in 2021.
Officials in the New York State Department of Education who report to the Regents, and include a deputy commissioner and legal counsel, have concluded some teacher misconduct is "severe enough to justify the immediate, interim suspension" as a safety measure. Officials added Monday, however, they expected the rules change to affect a limited number of cases, perhaps 10 or 15 a year.
The proposed regulation, if approved, would take effect as early as May 21.
At Monday's meeting, state Education Commissioner Betty Rosa told Regents past cases involving accusations of sexual misconduct often resulted in negotiations between districts and teachers, during which the accused were allowed to quietly resign and seek jobs in other districts. In such instances, one district's problem became "someone else's problem," Rosa said.
'A fair balance'
"When we are looking at these kinds of serious issues, we need to think about the greater good, and that it is all of our problems," the commissioner said.
In response to the education department's latest proposal, a spokesperson for a statewide teachers union, Emily Allen, sent Newsday a statement saying her organization would review the proposed rules "to ensure they strike a fair balance." The union, New York State United Teachers, respresents more than 600,000 teachers, counselors and other school professionals.
"NYSUT fights tirelessly to ensure schools are safe places for everyone," Allen said. "We also fight to defend workers' rights to due process as a fundamental tenet of our justice system."
Robert Lowry, a representative of the New York Council of School Superintendents, told Newsday his organization supported the proposed rules change on suspensions in principle, but had not yet had time to evaluate details.
Teacher discipline came to the forefront on Long Island during an hours-long Babylon board meeting in November 2021 when former students accused a dozen teachers of sexual misconduct and blamed the district for mishandling the accusations.
Since then, five educators have surrendered their licenses, according to state records Newsday obtained through public records requests.
The state attorney general's office said its investigation into the Babylon allegations, which began following the November 2021 board meeting, is ongoing.
Laura Ahearn, executive director of the Ronkonkoma-based Crime Victims Center, credited Newsday's reporting for exposing "limitations in the law."
Taking allegations seriously
"If this policy change is implemented, it will send a message to students and their parents that reports of inappropriate behavior by teachers in a position of trust are being taken seriously," Ahearn said, "and terminated teachers will be unable to find another teaching job pending the outcome of a second process to remove their teaching certificate altogether."
Educators accused of misconduct face the potential of two disciplinary proceedings, as laid out in state law.
Districts seeking to terminate a tenured educator must win the right to do so from a state-appointed hearing officer after presenting their evidence. Separately, the state Education Department must petition a different hearing officer to revoke a teacher’s license, preventing them from teaching in another district.
The district process typically takes months, while the state process takes years. State education officials said at Monday's meeting the rules change would set tighter deadlines for summary suspensions on a "fast track." Those conducting hearings in such cases where teachers respond to charges against them would be required to make recommendations within 120 days. In addition, the state commissioner would have 60 days to resolve appeals of temporary suspensions.
Decisions on summary suspensions would be based on the "preponderance" of evidence such as court judgements or witness statements sworn under oath.
Hampered by delays
Newsday previously reported a review of 20 cases between 2019 and 2023 found it took the state education department an average of nearly three years to take action on an educator's license — and, in one case, more than eight years.
State officials attributed the delays to staffing issues, scheduling disruptions and investigators' preference to wait until outside investigations, disciplinary hearings, civil litigation and criminal investigations are resolved.
It’s rare for the state to act on an educator’s license.
There are about 36,000 public school educators on Long Island. Newsday reported in April 2023 the state education department in the previous decade revoked 43 licenses and compelled another 61 to surrender theirs rather than face a hearing.
Newsday submitted a new public records request with the education department in May seeking an updated database of educators whose licenses have since been revoked or surrendered since that article. The state has yet to provide the records.
Babylon alumna Brittany Rohl was the first to come forward with allegations of sexual misconduct in 2021. She called the Regents proposal “a good place to start.”
“I wish this was a starting point years ago, in the 21st century,” said Rohl, 31, of Staten Island. “It’s a long time coming.”