Last December, state lawmakers passed Chapter 501 (S.  7749) — The Protection of People with Special Needs Act — that establishes the  Justice Center to protect people who rely on professional care to overcome  physical, cognitive and other challenges.
NYSUT  members who work at Special Act, 4201 and 853 Schools and non-profit organizations  that serve the 270,000 students and adults with developmental disabilities and  other conditions that require special services now fall under the new agency's  jurisdiction.
"The  thousands of NYSUT members employed in these facilities are dedicated,  hardworking employees who face an ever-shrinking state budget that continues  to place them in a position of working short-handed, forced overtime and extra  shifts," said NYSUT Vice President Kathleen Donahue.
The  Justice Center is required to develop a "Code of Conduct" for workers who have  regular contact with vulnerable persons, according to McKinney's Summary, the  official publication of New York state law. All direct support workers are to  follow these ethical standards and will be held accountable with enforcement  consistent with appropriate collective bargaining agreements.
The  Justice Center also has the responsibility to receive, review, and investigate  all "reportable incidents involving vulnerable persons," according to  McKinney's.
The  center will contain two separate units, one responsible for the prosecution of  criminal matters and one for the resolution of non-criminal matters.
Other  duties include:
• overseeing  implementation of procedures for tracking, investigating and monitoring  correction actions, and
• maintaining  a register of individuals who have committed serious acts of abuse (Staff  Exclusion List).
What does  this mean for members who work with students and adults with developmental  disabilities? 
Here are some steps to take:
    - Check your contract to make sure you know your rights if  you are called in by the administration for an allegation of misconduct. If  you don't know the person who contacted you, ask for their name, their title,  who they work for and the purpose of the meeting. Tell the individual you want  to have your union representative present at the meeting.
- Immediately notify your local president to ask for union  representation at the meeting.
- Ask your local president to contact the NYSUT regional  office and speak to the Labor Relations Specialist assigned to the local.
- If you are denied union representation, tell the investigator  (administration or Justice Center) that you want to have an attorney present.  Again, take down name, agency and title of the person denying your request.  Write everything down that occurs and be as accurate as possible. 
Protection for workers
Earlier  this summer, a NYSUT member at St. Mary's School for the Deaf in Buffalo was  asked to meet with Justice Center investigators. 
Because  Teacher's Association President Diane Gonzalez was closely monitoring the  situation, the member was afforded the right to a union representative. 
A  similar situation developed at the United Center Employees Association in  Suffolk County. The local contract has language regarding the rights of members  to have union representation at all disciplinary or investigatory meetings. 
However,  local President Judith Thompson said it is an ongoing battle with the  administration to honor that part of the contract. 
"We have  told our members that they need to ask what the meeting is about and that they  need to request union representation," Thompson said.
The  statute and implementing regulations include repeated references to collective  bargaining agreements. 
"NYSUT  will work to ensure that contractual protections are enforced on behalf of our  members," Donahue said.