THE STATE EDUCATION DEPARTMENT THE UNIVERSITY OF THE STATE OF NEW YORK ALBANY. NY 12234

 

 

Of?ce of School Personnel Review and Amountability (OSPRA) 

Legaland Investigative Unit E-Mallz OSPRA@mail.nysed.gov

89 Washington Avenue, Rm. 981 EBA Telephone: {518) 473-2998

Albany, NY 12234 Fax: (518) 402-5940 .
July 5, 2007

 

The enclosed copy of the Department?s Surrender Agreement with Henry Kolakoski is
provided to you in response to your Freedom of Information request dated July 3, 2007. Please
note Mr. Kolakoski?s permanent teaching certi?cate in social studies has been invalidated and he
permanently waived his right to apply for any Department issued certi?cate in the future.
Further, notice of the Department?s action has been made to all New York State school districts
and the National Association of State Directors of Teacher Education and Certi?cation
(NASDTEC) Educator Identi?cation Clearinghouse. Thank you.

Sincerely,


Glad f) t. 
Bart Zabin
Principal Investigator

 

 

 

 

 

mutation

6W We?? of the ?tate of 399111

 

 

In the matter of a proceeding held
pursuant to 8 Part 83, to
determine whether

SURRENDER AGREEMENT
HENRY J. KOLAKOSKI
has the requisite good moral character 
to teach in the public schools of the NYSED

State of New York
MAY 2 ?t 2007

OSPRA

 

WHEREAS, the Education Department of the State of New ?York (herein ?Education
Department?) has initiated a proceeding against Henry J. Kolakoski (herein ?Respondent?), by
service of a Notice of Substantial Question of Moral Character (herein ?charges?) signed by the

Commissioner of Education on August 7, 2006, which is attached hereto as ?Exhibit and

WHEREAS, Respondent presently holds a permanent New York State certificate as a teacher of
Social Studies 7-12, effective September 1, 1978. Said certi?cate bears a number, the last four

of which are ?5444?; and 

WHEREAS, the parties have agreed to settle the aforesaid proceeding without the need for a

formal hearing; and

WHEREAS, the parties have held discussions where they were represented by a counsel, have
had all the terms and conditions of this Surrender Agreement thoroughly explained and now
freely consent to enter into this Surrender Agreement, such consent not having been induced by

fraud, duress, or any other in?uence; and

WHEREAS, no other person not a party to this proceeding has an interest in its outcome; and

NOW IT IS HEREBY AGREED AND STIPULATED by and between said parties that this

matter shall be fully resolved as follows:

 

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Respondent hereby enters a plea of no contest to the above-mentioned charges. Such plea of
no contest and the surrender of his certi?cate shall not be deemed to be an admission that the
allegations in the charges are true; and

Respondent hereby agrees to surrender the above-described teaching certi?cate on June 30,
2007;and

Respondent shall forward his original teaching certi?cate to the Education Department on or
before June 30, 2007 to: the New York State Education Department, Of?ce of School
Personnel Review and Accountability, 89 Washington Ave, 981 EBA, Albany, New York
12234. ?If Respondent is unable to locate the original certificate, then he shall forward a
signed statement to the Education Department indicating such; and

Respondent permanently waives his right to apply for any New York State Education

Department teaching, administrative or other school related certi?cation at any futuredate;
and

Upon receipt of the original teaching certificate, or signed statement indicating that
Respondent is unable to locate his original teaching certi?cate, the Education Department
shall withdraw, with prejudice, the above-mentioned Notice of Substantial Question of Moral
Character which is currently pending against Respondent; and

Respondent understands that the Education Department will notify all New York State school
districts as well as all licensing and/or credentialing agencies and jurisdictions who
participate in the National Association of State Directors of Teacher Education and
Certi?cation (NASDTEC) Educator Identi?cation Clearinghouse and advise them as to the
status of such certi?cate; and

The parties agree that they have entered into this Surrender Agreement freely, knowingly and
openly, without coercion or duress and that Respondent has voluntarily waived all statutory

or constitutional rights that he may have held in this matter for a hearing in accordance with
8 Part 83; and

Respondent af?rms that he has had access to counsel regarding the terms of this Surrender
Agreement and has entered into such with advice and consent; and

Nothing in this Surrender Agreement shall be deemed to be a practice or policy of the
Education Department; and

 

 

 



10) This written Surrender Agreement contains all the terms and conditions agreed upon by the
parties hereto and no other agreement, oral or otherwise, regarding said allegations and
charges shall be deemed to exist or to bind any of the parties hereto or to vary any of the

terms contained therein.

AGREED:

Jam

Henry J. bel?oski, Respondent

Deborah A. Milham
Associate Senior Counsel
NYSUT

800 Troy-Schenectady Road
Latham, New York 12210
518-213-6000

Jbaw?i f?x?iQ/i

Daniel C. Harder

Senior Attorney

New York State Education Department
Of?ce of School Personnel Review
and Accountability

89 Washington Ave, Room 981 EBA
Albany, New York 12234
518-473-2998



5 . 22 -O'i
Date

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