New York Board of Regents Authorizes Interim Suspensions of Teachers Accused of Sex Offenses or a Boundary Violation

On May 8, 2025, the New York State Board of Regents passed a significant rule change concerning the suspension of teachers in New York State. Newly amended Rule 83.7 allows the Commissioner of Education to issue an interim suspension of a teacher’s license who had been accused of a sex offense or boundary violation. What does this all mean for New York’s teachers? Today’s employment law blog discusses.

The 3020a Process

In New York, most public school teachers enjoy the protections of tenure and the 3020a process, after serving a probationary period. While on probation, a teacher can generally be fired for any reason or no reason at all. A probationary teacher can even be fired for a mistaken reason, and without any due process.

Tenured teachers, however, cannot be fired absent a hearing. The hearing is required to be held pursuant to the Education Law Section 3020a, so for short hand, it’s typically called a 3020a hearing. As part of the 3020a process, teachers are entitled to a description of the charges they are facing and they are entitled to a hearing where the school district must prove the charges to a neutral hearing officer.

After hearing the evidence and the teacher’s defenses, the hearing officer will issue a decision. The decision typically involves findings of fact, then a determination about whether those facts establish misconduct.

The Part 83 Process

The 3020a process protects New York’s teachers’ jobs. Part 83 of the Education Department’s regulations protects teacher’s licenses. Like tenure which prevents a school district was terminating a teacher without due process, Part 83 is the procedure the Department of Education must follow if it wants to take away a teacher’s license. So, while 3020a may terminate a teacher’s job with one particular school district, it does not mean that the teacher couldn’t work for another school district (though, having been terminated via 3020a would that make it very difficult).

A license termination via Part 83 takes away a teacher’s ability to teach within the state. A termination via 3020a will not necessarily lead to a Part 83 proceeding. In fact, it’s not very common that a teacher would face both a 3020a and a Part 83. But it happens sometimes. Indeed, in some circumstances superintendents and school districts are required to report alleged teacher misconduct to the Department of Education for potential Part 83 proceedings. One such allegation would relate to child abuse.

A Part 83 is like a 3020a. The teacher is entitled to understand the charges being asserted and is entitled to a hearing with hearing officers who decide the case. At the hearing, the teacher can challenge the Department’s evidence, cross-examine witnesses, and present exonerating and/or mitigating evidence. A guilty determination as a result of a hearing does not necessarily lead to revocation of the teaching license. Sometimes, the Department can issue a license suspension, instead. But, under existing rules, licenses could not be suspended before the hearing, even temporarily.

Amendments for Interim Suspensions

In May 2025, Part 83 was amended to allow for the interim suspension of New York’s teachers’ licenses. Preliminarily, interim suspension will be allowed for only very specific situations. Interim suspensions are limited to circumstances concerning sex offenses or a boundary violation. What do these terms mean?

A sex offense is defined by the Penal Law. Section 130 broadly defines a range of sex offenses from touching another person in a sexual manner without consent to rape. A boundary violation fills in the gaps where the conduct may improper for a teacher to direct at a student, but may not rise to a criminal violation. Examples of boundary violations can include sexual contact, but expands to wider conduct also such as sexting and other sexualized communications, displaying or showing students pornography, or other personal communications which show an intent to enter into a romantic relationship.

When a school has facts sufficient to constitute a preponderance of the evidence (as defined by Part 83), the school may refer the teacher to the Department of Education. Under Rule 83.7, preponderance of the evidence means a conviction or order from a court, determinations from an arbitrator or hearing officer, statements from witnesses given under oath, admissions against interest, or other evidence of similar nature and weight.

With sufficient evidence, the Commissioner of Education may issue an interim suspension of the teacher’s license pending a hearing. To initiate the suspension proceedings, the Department must serve, by personal service, notice of the hearing and a verified petition on the teacher. The notice of hearing will set a time and place for oral arguments concerning the application for summary suspension. The Commissioner will designate a hearing officer from the list of hearing officers maintained to hear Part 83 proceedings.

The petition must include the basis for the application, including sworn statements from individuals with personal knowledge, or other exhibits, showing the teacher lacks moral character and that the public health, safety, or welfare imperatively requires emergency action.

Unlike other proceedings, the teacher has no right to discovery and the Department is not required to produce any other evidence or documents not enumerated in Rule 83.7.

The teacher is permitted to file an answer and sworn statements and exhibits with the hearing officer up to seven days before the oral argument date. But, the Commissioner can serve a response to teacher’s answer up to five days before the argument date.

Notably, to preserve a transcript of the oral argument hearing, the teacher must make a request that the transcript be taken.

The hearing officer is required to issue a report of conclusions and recommendation to the Commissioner who is then empowered to grant or deny the application for summary suspension. The decision must be based on a finding that the public health, safety, or welfare of the students or school community “imperatively” requires action. This decision must issue within seven days of the hearing officer’s recommendation.

If the Commissioner issues a summary suspension, the proceeding will continue under Part 83.3 and 83.4, the existing procedures to suspend or revoke a teacher’s license. A decision from that hearing must be made within 120 days. Teachers may also use the appeal process of 83.5, and if the decision is upheld, the teacher may appeal in state court.

The investigation and suspension are confidential until “all applicable statutes of limitation have expired.”

Employment Lawyers’ Thoughts on 83.7 Suspensions

There is no question that 83.7 addresses an important issue. School districts are obligated to take accusations of teachers’ sexual misconduct seriously. Whether 83.7 provides any additional safeguards though, is questionable. Districts are already able to reassign teachers out of a classroom based on such allegations. Some evidence which 83.7 requires to establish sufficient evidence for a summary suspension takes a long time to acquire. For instance a judicial determination of a sexual offense could take many months or even years.

Newsday has reported that a teachers’ union believes 83.7 strikes a good balance between protecting students and upholding due process rights of teachers. There’s no doubt that 83.7 provides some process, but without access to discovery or the right to cross-examine accusers, does 83.7 really sufficiently preserve the rights of teachers?

These are complicated issues, but the Board of Regents has already decided the outcome, regardless of F&W’s thoughts. On May 21, 2025, Rule 83.7 takes effect.

F&W has experience representing victims of sexual abuse, including students, and we have also defended teachers accused of misconduct. We remain available to help victims and workers. For more information, speak to one of our lawyers at (631) 352-0050 or (845) 660-0040. We also have more information available on our website at http://linycemploymentlaw.com.