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Assembly Bill A8847

2025-2026 Legislative Session

Relates to retention of records relating to certain acts of alleged misconduct

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Current Bill Status - In Assembly Committee

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2025-A8847 (ACTIVE) - Details

See Senate Version of this Bill:
S7988
Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Amd §1128-a, Ed L

2025-A8847 (ACTIVE) - Summary

Relates to retention of records relating to certain acts of alleged misconduct for the duration of the statute of limitations.

2025-A8847 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8847
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 9, 2025
                                ___________
 
 Introduced by M. of A. CONRAD -- read once and referred to the Committee
   on Education
 
 AN  ACT  to  amend  the  education law, in relation to retaining records
   relating to certain acts of alleged misconduct
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision  2 of section 1128-a of the education law, as
 added by chapter 180 of the laws of 2000, is amended to read as follows:
   2. A report which is made pursuant to this article and does not, after
 investigation, result in a criminal conviction shall  be  expunged  from
 any record which may be kept by a school or school district with respect
 to  the  subject  of such a report after a period of five years from the
 date of the making of such report  or  at  such  earlier  time  as  such
 school,  or  school  district,  as the case may be, determines, PROVIDED
 THAT SUCH SCHOOL OR SCHOOL DISTRICT MAY RETAIN SUCH RECORDS  RELATED  TO
 ALLEGED  MISCONDUCT  COVERED  BY  PARAGRAPH  (F) OF SUBDIVISION THREE OF
 SECTION 30.10 OF THE  CRIMINAL  PROCEDURE  LAW  OR  SUBDIVISION  (B)  OF
 SECTION  TWO  HUNDRED  EIGHT OF THE CIVIL PRACTICE LAW AND RULES FOR THE
 DURATION OF THE STATUTE OF LIMITATIONS.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13073-01-5

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