Protecting children from unqualified people working as teachers is common sense. What isn’t common sense is subjecting good teachers to misconduct investigations and disciplinary action that have little bearing on their ability to teach.

Teachers are generally expected to follow a certain level of conduct. New Jersey, for example, lists the specific standards teachers working in the state are expected to meet.

Professional conduct standards, however, aren’t always uniformly enforced. Investigations may not be comprehensive. Teachers may face accusations of misconduct even when their actions have no bearing on their fitness and ability to teach. They may be subjected to disciplinary action far more serious than their alleged misconduct.

Being accused of misconduct doesn’t mean your teaching career is over. You have rights through the disciplinary process, including the right to defend yourself.

If you’re a teacher in the New York City area who is facing misconduct allegations, the Professional License Defense Team at the LLF National Law Firm can help. Contact us at 888-535-3686 or fill out our online form.

About the New York City Area

The largest metro area in the U.S., New York City, is home to over 20 million people across four states. Home to some of the most expensive real estate in the U.S., while the region is the largest urban area in the U.S., it also covers rural areas.

The region includes numerous school districts. From the large urban schools and world-renowned programs with New York City Public Schools to the suburban districts such as Mendham Borough and Greenwich Public Schools, teachers in the region work in a variety of settings.

Some of the school districts in the New York City region:

  • Bridgeport School District

  • Chappaqua Central School District

  • Elizabeth Public Schools

  • Great Neck Public Schools

  • Jersey City School District

  • Newark Public Schools

  • Scarsdale Union Free School District

  • Tenafly Public School District

  • Westport School District

  • Yonkers City School District

Teachers may live in one state and work in another. They may have licenses in multiple states. Disciplinary action against them originates in the state where they currently work.

Each state is responsible for deciding when teachers need to report disciplinary action in other states. Teachers shouldn’t report unless required, although failure to report when required can be grounds for disciplinary action.

The Professional License Defense Team at the LLF National Law Firm helps our clients navigate the issues throughout the disciplinary process.

Teacher License Defense in New York

In New York, the Office of Professions is in charge of certifying and disciplining teachers who work in the state. The office is part of the state’s Department of Education.

New York law defines what actions meet the definition of professional misconduct. A teacher accused of committing any of the following will face an investigation into their conduct and possible disciplinary action. Some of the grounds for an investigation into professional misconduct include:

  • Fraudulently obtaining a license

  • Teaching while under the influence of alcohol, drugs, or other substances

  • Addiction to drugs or alcohol

  • A criminal conviction

  • Moral character issues

Defining professional misconduct and moral character issues isn’t always cut and dry. As a result, teachers may be subjected to inconsistent enforcement. This is one reason why teachers need to be proactive in defending against the allegations against them.

When a teacher is accused of misconduct in New York, the disciplinary process generally follows these steps:

  • Complaint

  • Investigation

  • Pre-hearing conference

  • Hearing

  • 30-20a hearings are limited to tenured teachers

  • Appeal

Teachers have multiple opportunities throughout the process to participate, provide evidence, and defend against the allegations against them. An attorney can help a teacher determine the best way to respond and how to craft a response.

The Board of Regents decides what disciplinary action to take against a teacher. New York law allows the Board to take any of the following disciplinary actions against educators:

  • Censure and reprimand

  • Suspension of license, which can be for a set period of time, after completing training, therapy, or treatment, or both

  • License revocation

  • Annulment of license or registration

  • Limiting registration for a license or issuing an additional license

  • A fine not to exceed ten thousand dollars for each of the charges that the Board finds a teacher committed

  • Additional education or training

  • Perform up to 100 hours of community service

If you’re a teacher who works in the state of New York and are facing disciplinary action, you need to be proactive in responding to the charges against you. The Professional License Defense Team at the LLF National Law Firm can help.

Teacher License Defense in New Jersey

In New Jersey, the New Jersey Department of Education’s Board of Examiners handles licensing teachers. The Board also investigates misconduct allegations and disciplines educators.

Teachers in the Garden State may face accusations of misconduct for:

New Jersey’s disciplinary process generally follows these steps:

  • Complaint

    • Anyone can file a complaint.

    • Complaints can be made anonymously.

  • Investigation

    • Can involve collecting documents and other relevant evidence and interviewing witnesses.

    • The Board will notify teachers that a complaint was made against them.

  • Settlement, optional

    • Teachers and state officials may agree about disciplinary action before the hearing.

  • Administrative hearing

    • Either the Board of Examiners or the New Jersey Office of Administrative Law handles the hearing.

    • Both sides present evidence and witnesses.

    • Teachers can choose to have their lawyer present.

  • Written decision

  • Appeal

In general, educators shouldn’t assume the Board’s investigation is comprehensive. Investigators may miss evidence.

Teachers should take advantage of the opportunities available to them to defend against the allegations. An attorney with the LLF National Law Firm can help teachers build a defense strategy.

Disciplinary action against teachers in New Jersey can include:

  • Fines

  • Mandatory community service

  • Training or continuing education

  • Anger management courses

  • License suspension

  • License revocation

Even a “minor” sanction can have serious and long-reaching effects on a teacher’s career and reputation.

The Professional License Defense Team at the LLF National Law Firm helps teachers in New Jersey navigate this process. We give our clients the knowledge and guidance to understand the process and the best options for them.

Teacher License Defense in Connecticut

The Connecticut State Department of Education is responsible for licensing and regulating teachers in the state. Different offices within the department handle specific responsibilities. The Bureau of Certification, for example, oversees teacher licenses and certification.

The state has a Code of Professional Responsibility for Teachers. The code has three major sections: responsibility to students, responsibility to the profession, and responsibility to the community. It applies to both teachers and applicants, and Connecticut law requires that the code be reviewed and revised at least every two years.

While some of the categories are clear-cut, others are more vague. Any conviction of a crime that involves violating the public trust is cut-and-dry, while exercising the highest level of professional judgment can, at times, mean different things to different people.

Connecticut allows anyone with a “legitimate interest” to file a complaint. The process for investigating alleged misconduct is generally as follows:

  • Complaint

  • Investigation

  • Administrative hearing

  • Appeal

  • Disciplinary action

While teachers do have the option of voluntarily surrendering their license, most should take advantage of the opportunity to contest the charges and defend against the accusations made against them.

Disciplinary action can range from written reprimands that don’t impact an individual’s ability to teach to license suspension and revocation. Potential teachers may also have their applications denied.

Certain actions, such as criminal convictions, can result in automatic revocation of a teacher’s license. Even with an automatic revocation, however, educators have 15 days to request reinstatement. In that written request, the teacher must explain why they believe their license should be reinstated and provide any relevant information to the Commissioner.

In most cases, however, educators can request a hearing. While hearings aren’t automatic, most teachers benefit from having an opportunity to defend against the charges made against them. Teachers shouldn’t assume that investigations are always comprehensive. In some situations, a strong defense can reduce the severity of the disciplinary action taken against a teacher.

Hearings are generally open to the public. They’re similar to courtroom trials, with both sides having the opportunity to present evidence and witnesses. Both sides can also cross-examine witnesses.

If you’re an educator in Connecticut who has been accused of misconduct, the Professional License Defense Team at the LLF National Law Firm can help guide you through the process. We advocate for our clients and ensure their rights are protected throughout the process.

Teacher License Defense in Pennsylvania

In Pennsylvania, the Professional Standards and Practices Commission (PSPC) handles accusations of misconduct and disciplinary action. The PSPC is part of the Pennsylvania Department of Education.

Anyone can submit a written complaint about a teacher to the Department of Education’s Office of Chief Counsel. Pennsylvania doesn’t allow for anonymous complaints.

The Educator Discipline Act gives the Pennsylvania Department of Education considerable power to investigate possible teacher misconduct. Possible grounds for misconduct in the Keystone State include:

  • Immorality

  • Negligence

  • Intemperance

  • Incompetency

  • Cruelty

  • Sexual misconduct

  • Sexual abuse or exploitation

  • Conviction of a crime involving moral turpitude

  • Violations of the Code for Professional Practice and Conduct

  • Illegal use of a professional title

  • Failure to fulfill responsibilities required under the Educator Discipline Act, such as mandatory reporting

  • Any action that could be viewed as retaliation against someone who filed a complaint or participated in a disciplinary proceeding in good faith

Some of these categories are open to interpretation. While intended to grant broad power to investigate and discipline misconduct, these general categories open teachers up to inconsistent standards and enforcement.

In general, this is Pennsylvania’s process to investigate misconduct:

  • Complaint

  • Investigation

  • PSPC review

  • Notice and opportunity to respond

  • Formal hearing, which isn’t required

  • PSPC issues a decision

  • Appeals

Disciplinary action taken against a teacher can become part of the public record in Pennsylvania.

Teachers licensed in Pennsylvania who are found to have violated one of the state’s rules about misconduct can face a range of disciplinary actions. This includes:

  • Warnings or reprimands that are placed in a teacher’s file. A teacher’s license and their ability to teach aren’t affected.

  • Public censure

  • Suspension, which bars an educator from teaching for a set period of time.

  • License revocation removes an individual’s ability to work as a teacher in Pennsylvania. Depending on other states’ rules, this may affect a teacher’s ability to work in other states.

Pennsylvania allows for teachers to be subjected to multiple disciplinary actions. For example, teachers may also face restrictions on teaching, probation, fines, loss of pension benefits, and professional development requirements.

Accusations of misconduct can damage your reputation and your teaching career, but you can minimize the harm. The Professional License Defense Team at the LLF National Law Firm represents our clients in hearings, helps negotiate settlements, and protects our clients’ rights.

Protect Your Career

Living and working in the NYC area allows teachers to be part of one of the most dynamic and culturally rich areas in the world. Don’t let accusations of misconduct risk damage to your life, your career, and your reputation.

For teachers in the NYC area, one of the many concerns about disciplinary action in one state is that it might affect their ability to teach in other states.

Being accused of misconduct doesn’t limit a teacher’s rights to respond to allegations or defend against them. Even if a teacher did engage in misconduct, they have a right to defend themselves and avoid out-of-proportion, overly severe sanctions.

The Professional License Defense Team at the LLF National Law Firm supports educators throughout the New York area who are dealing with accusations of misconduct. We assist our clients with building strong defenses and charting the best course of action for their unique situation.

You’ve worked hard to become a teacher. Let us help you continue to teach. If you’re a teacher in the New York City area facing misconduct allegations, call us at 888-535-3686 or fill out our online form.

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