Section 1131. Actions upon criminal conviction of a licensed or certified school employee  


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  • 1. In the event that a  licensed  or  certified  school  employee  against  whom  an  allegation of child abuse in an educational
      setting has been made, is convicted of any crime involving  child  abuse
      in  an  educational  setting, the district attorney shall provide notice
      thereof to the  commissioner,  the  superintendent  of  schools  of  the
      district  where  the  acts  of  child  abuse  occurred and to the school
      district where the child is attending school, if different.
        2. Upon receiving notice of a  conviction  from  a  district  attorney
      pursuant  to  subdivision  one  of this section, the commissioner shall,
      without delay, proceed to determine  whether  the  individual  possesses
      good  moral  character,  in  accordance  with  the  regulations  of  the
      commissioner governing such a determination.
        3. Nothing  in  this  article  shall  be  construed  as  creating  any
      authority  to take an adverse action against an employee or volunteer by
      virtue of  a  report  pursuant  to  this  article  which  has  not  been
      substantiated.
        4.  An  employee or volunteer who has adverse action taken against him
      or her by virtue of or in connection with any report  made  pursuant  to
      this  article  shall  be  entitled  to receive a copy of such report and
      respond to the allegations of child abuse made therein. Any employee  or
      volunteer  shall,  in  addition,  be entitled to seek disclosure of such
      report pursuant to article six of the public officers law.