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440.55 Notice to education department where a licensed professional has been convicted of a felony

In New York, it is the responsibility of the Department of Education to keep all students safe. With this role, it is vital for the department to receive notifications if and/or when a teacher is convicted of a felony-based offense. According to state laws, teachers aren’t allowed to continue to teach after a conviction. The laws are in place to prevent students from facing dire circumstances due to any unlawful actions of the faculty.

How is the Department Notified?

Schools and universities receive notifications via one of four methods. The state sends out a notification to the school informing the school of the conviction. In some states, the officer that arrested the teacher submits the notice. The office of the prosecutor may submit the notification or a search mechanism sends an alert directly to the school via network links.

What Convictions Require Notifications?

According to federal laws, any educator who is convicted of sexually-based crimes, child abuse, or any felony-based drug charges must notify their employer. Under state and federal laws, no party that is convicted of these offenses is allowed to continue educating children. Any school or university that allows a teacher to continue to work within the educational institution is in violation of the law.

The Screening Process

All schools and universities are required to conduct background checks for any educators to determine if the candidate has any previous convictions for sexually-based crimes, child abuse, or drug crimes involving children. Any failure to disclose information about these offenses are unlawful and could lead to further penalties for the candidate.

Registered Sex Offenders

Christine Twomey
Christine Twomey
2024-03-21
Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.
Brendan huisman
Brendan huisman
2024-03-18
Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!
Guerline Menard
Guerline Menard
2024-03-18
Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️
Keisha Parris
Keisha Parris
2024-03-15
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
Taïko Beauty
Taïko Beauty
2024-03-15
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!
Anthony Williams
Anthony Williams
2024-03-12
Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.
Loveth Okpedo
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
Bee L
2024-02-28
Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.
divesh patel
divesh patel
2024-02-24
I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

As a term of their release, all individuals who were charged with a sex crime must register as a sex offender. The individual cannot live within 500 yards of any park, school, or establishment in which children visit frequently. This includes the acceptance of any job that may involve children at a school or university. Any violation of the terms could revoke the individual’s parole and lead to further criminal charges.

Sex Offenders from Other States

Under New York state laws and statutes, individuals who were required to register as a sex offender in another state are also required to do so in New York. The same laws apply to any individual who is seeking a teaching position after their release from another jurisdiction. While it is unlawful for an employer to ask a candidate directly if they have any felony convictions, it is also unlawful for the individual to fail to provide details about their current status. Any failure to disclose information to a school and/or potential employer that the candidate is a registered sex offender will result in their immediate arrest.

Revoking the License of an Educator

Upon their conviction of sexually-based crimes, child abuse, or drug offenses involving children, the educator’s license is revoked in the state of New York. The terms of their employment also outline provisions that prevent the educator from returning to the school in any job position in the future. Once the license is revoked, the educator cannot file for a new license upon their release from prison.

In most states, the individual must release information about why their teaching license was revoked in the state of New York. If they are a registered sex offender, the former teacher will not have the right to re-establish themselves as an educator in any other states.

In New York, the Department of Education and/or school administrators must receive a notification at any time that a teacher is convicted of a felony offense. Any felony offense that could place children at risk will lead to the revocation of the individual’s teaching license. State laws prevent convicted sex offenders, child abusers, and drug offenders from working in local schools. For more information about penal code 440.55 review local laws and statutes now.

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