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OFFICE OF TEACHING INITIATIVES
Teaching in New York
Certification
Resources - Educators
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frequently asked questions
Teacher Discipline
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What type of complaints against teachers, administrators,
or other certified school personnel can I file with the Education Department?
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Should I first file my complaint at the local
level, e.g., school principal or superintendent of schools, before filing
with the State?
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Can I file a complaint against a teacher who
is employed in a private school?
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Can I file a complaint against a teaching assistant
or teacher's aide?
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If I file a complaint how will I know if it has
been received?
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At the conclusion of the investigation of my
complaint, what happens next?
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Will I be required to testify at an administrative
hearing if my complaint goes that far?
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What types of penalties can be imposed against
a certificate holder following an administrative hearing?
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What type of complaints against teachers, administrators,
or other certified school personnel can I file with the Education Department?
Generally, a complaint should be filed if you have information that a
certified educator has been convicted of a crime or committed an act that raises a
serious question as to his or to her moral character, or when you believe
that the conduct of a teacher or administrator poses a threat to the welfare
of a child or a school community. Complaints concerning incompetence, negligence,
or dissatisfaction with teaching style or philosophy will typically not result
in State action against certification. Those issues should be reported directly
to your local school district.
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Should I first file my complaint at the local
level, e.g., school principal or superintendent of schools, before filing
with the State?
We encourage you to file your complaint at the local level first since many
complaints against certificate holders are satisfactorily resolved at this
level with remedial action. This office, however, has the authority to initiate
a separate investigation against a certificate holder.
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Can I file a complaint against a teacher who
is employed in a private school?
You may file a complaint against a teacher who is employed in a non-public
school if the teacher is certified. This office has the authority to investigate
the conduct of certificate holders and refer the matter to the professional
conduct officer for action when appropriate.
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Can I file a complaint against a teaching assistant
or teacher's aide?
This office only has the authority to investigate individuals who hold or
who are applicants for certification. Generally,
teaching assistants are certified by the Education Department and teacher
aides are not. Complaints against an uncertified individual should be directed
to the school principal or to the superintendent of schools.
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If I file a complaint how will I know if it
has been received?
Receipt of your complaint will be acknowledged in writing. Thereafter, it
will be assigned to an investigator, who may contact you to discuss your complaint
in greater detail.
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At the conclusion of the investigation of my
complaint, what happens next?
If the investigation fails to support sufficient evidence to proceed, the
case will be closed with no further action taken. You will be advised in writing
of the closure of the case.
If after investigation there is a sufficient basis to initiate action against
the questioned certificate holder, a recommendation will be made to the State
Professional Standards and Practices Board for Teaching to consider whether
to proceed to a formal administrative hearing.
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Will I be required to testify at an administrative
hearing if my complaint goes that far?
As part of the hearing process, evidence will be presented and testimony provided
by witnesses and others to address whether the certificate holder lacks good
moral character. The Department may ask you to testify under oath at the hearing.
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What types of penalties can be imposed against
a certificate holder following an administrative hearing?
The range of penalties includes the imposition of a fine, continuing education,
certificate suspension, certificate revocation, and the denial to be issued
a certificate in the case of an applicant.
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