Due Process Procedures and Rights

If the criminal history check reveals that you have no criminal history record, SED will issue a clearance for employment to the covered school and notify you of such clearance for employment.

If the criminal history record check reveals that you have been a convicted of a crime and/or have a pending criminal charge, SED will review such record and apply the standards for the granting or denial of a license or employment application set forth in Correction Law §752 and consider the factors set forth in Correction Law §753. This review will be conducted in accordance with Executive Law §296(16). After conducting this review, SED will determine whether a clearance for employment should be issued. If SED determines that a clearance for employment should be granted, it will issue the clearance for employment to the covered school and notify you of such clearance for employment.

However, if SED determines that there is a basis to deny your clearance for employment, you have certain due process rights. Your due process rights will differ depending on whether you are an applicant for certification or an applicant for employment either for a certified position or for a position for which no certification is necessary.

If SED determines that your criminal history record indicates that there is a basis to deny your clearance for employment, it will send you a Notice of Intent to Deny Clearance for Employment (Notice of Intent to Deny) by certified mail, return receipt requested, which will contain the basis for the notification, including, but not limited to, a description of the criminal charges or convictions involved. The Notice of Intent to Deny will also advise you that your clearance for employment will be denied unless you submit a response with satisfactory information indicating why you should be cleared for employment.

Your response to the Notice of Intent to Deny must be mailed by regular first class mail, certified mail or hand delivered to the Office of School Personnel Review and Accountability (OSPRA), 5 North Education Building, Albany, NY 12234 within 25 calendar days from the date the Notice of Intent to Deny was mailed to you. However, if you have requested a conditional clearance for employment or already received a conditional clearance for employment, you must submit a response to the Notice of Intent to Deny within 10 calendar days from the date the Notice of Intent to Deny was mailed to you.

If you fail to submit a response to the Notice of Intent to Deny within 25 calendar days from the date the Notice of Intent to Deny was mailed to you, your clearance for employment will be denied. SED will send you a Notice of Denial of Clearance for Employment (Notice of Denial) by certified mail, return receipt requested. The Notice of Denial will include the basis for the denial and advise you that you may appeal the denial to the Executive Coordinator of the Office of Teaching. The Notice of Denial will also include instructions for filing an appeal.

If you requested a conditional clearance for employment, the Notice of Denial will also deny your conditional clearance for employment.

If you have already been granted a conditional clearance for employment, the Notice of Denial will terminate your conditional clearance for employment.

The procedures for bringing an appeal are described in the Regulations of the Commissioner at 8 NYCRR §87.5.

Yes. An appeal must be mailed by regular first class mail or certified mail or hand delivered to OSPRA, 5 North Education Building, Albany, New York 12234 within 25 calendar days from the date that the Notice of Denial was mailed to you.

Appeal papers may include any affidavits or other relevant written information and written argument, which you wish the Executive Director or his designee to consider in support of your position that a clearance for employment should be issued including:

• Any letters of support from friends, family, co-workers, employers, etc.;
• Any documentation attesting to your good conduct or your good character;
• Any written arguments in support of your clearance for employment;
• Any proof of counseling and/or rehabilitation;
• Any parole and/or probation documentation;
• Any affidavits; or
• Any certificates, including any certificate of relief from disabilities.

If you timely file an appeal, the Executive Coordinator or his designee will review your criminal history record, related information obtained by SED as part of its review of your criminal history, written information, and written argument submitted by you as part of your appeal. After reviewing all the aforementioned information and documents, the Executive Coordinator or his designee will make a determination on whether your clearance for employment should be granted or denied.

In reaching a determination on your appeal, the Executive Coordinator or his designee will apply the standards for the granting or denial of a license or employment application set forth in Correction Law §752 and will consider the factors specified in Correction Law §753. The appeal will also be conducted in accordance with Executive Law §296(16).

If the Executive Coordinator or his designee makes a determination to deny your clearance for employment, his or her decision will include the findings of facts and conclusions of law upon which the determination is based.

Much like a court with a case that is pending before a judge, SED does not provide information about the decision-making process or the status of a decision once an appeal is filed. However, SED makes every effort to decide each appeal as expeditiously as possible.