Library
Briefs, settlements, and decisions that may be of particular use to advocates regarding the licensing of individuals with criminal records in education-related fields. The materials relate to positions such as: school bus driver, preschool instructor, and substitute teacher. The folder also includes information about Department of Education procedures in cases in which employees are arrested.
Resources
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Article 78 Decision Finds DoE Denial of School Aid Application Based on Single Felony Conviction Arbitrary and Capricious
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DoE Policy for Arrested Employees (New York City Department of Education)
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Decision in Appellate Division, First Department Reversing Department of Education Application of Article 23-A and Court's Denial of Petitioner's Article 78 Challenge
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Brief in Support of Reversing Department of Education Application of Article 23-A and Court's Denial of Petitioner's Article 78 Challenge
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Article 78 Decision remands employment rejection based on 21-year-old conviction to NYC DOE for new determination (El v. DOE)
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Article 78 Petition to Review NYC Department of Education's Denial of an Employment Application Based on a 1984 Conviction
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OSPRA Appeals Hearing Overturns Denial of Clearance of Employment based on Criminal Convictions (Monroe County Legal Assistance Center)
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Article 78 Petition Brought to Declare Petitioner Qualified to Drive a Bus and a School Bus Despite a Disqualifying Conviction Because Petitioner Holds a Certificate of Good Conduct (CGC)
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New York State Supreme Court Decision Orders Proper Consideration of Certificate of Relief on Employment Application for a Public Agency (NYPD)
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Article 78 Petition to Review Decision by OASAS for Denying License to be a Substance Abuse Counselor Solely Based on Criminal Record
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Favorable New York State Supreme Court Decision Upholding Due Process for DOE Certification Applicants With Criminal Records
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New York City Department of Education Regulation of the Chancellor Re: Background Investigations of Pedagogical and Administrative Applicants and Procedures in Cases of the Arrest of Employees
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Article 78 Petition to Review Decision by DOE to Deny Certification as School Bus Drivers Based on Past Convictions Not Related to the Employment

