NY State Assembly Bill 2009-A10442

Assembly Bill A10442

2009-2010 Legislative Session

Relates to the disciplinary hearings and procedures for teachers in the city district of the city of New York

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 26, 2010	referred to education

2009-A10442 (ACTIVE) - Details

See Senate Version of this Bill:: S6953
Current Committee:: Assembly Education
Law Section:: Education Law
Laws Affected:: Amd §§3020-a, 2590-f, 2590-h & 2590-j, add §3020-b, Ed L
Versions Introduced in 2011-2012 Legislative Session:: S334

2009-A10442 (ACTIVE) - Summary

Relates to the disciplinary hearings and procedures for teachers in the city district of the city of New York; requires hearings to be referred to the New York city office of administrative trials and hearings.

2009-A10442 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10442

TITLE OF BILL:  An act to amend the education law, in relation to disci-
plinary hearings and procedures for teachers in the city district of the
city of New York

PURPOSE  OR  GENERAL IDEA OF BILL: To expedite disciplinary hearings for
teachers of the New York City Public School district.

SUMMARY OF SPECIFIC PROVISIONS: Creates a new  section,  3020-b  of  the
State  Education Law, in reference to disciplinary hearings for New York
City Public School teachers.

Provides that employees may be suspended pending a hearing and that such
suspension shall be without pay.

Requires the Commissioner of Education to refer all  disciplinary  hear-
ings  to  the New York City Office of Administrative Trials and Hearings
and that such cases shall be conducted by a  single  administrative  law
judge from such Office.

Requires  the  final  hearing  to be completed no later than thirty days
after the pre-hearing conference, unless extraordinary circumstances can
be determined by the administrative law judge.

Requires written decisions to be issued by the administrative law  judge

within twenty-four hours of the last day of the final hearing.

Requires  that  upon  acquittal,  an  employee be restored to his or her
position with full pay for any period of suspension without pay and  the
charges be expunged from the employment record.

Requires  the Chancellor of the city district of the City of New York to
refer all existing disciplinary hearings to the New York City Office  of
Administrative Trials and Hearings upon the effective date of this act.

JUSTIFICATION: Recent news reports have highlighted the backlog of cases
involving  alleged  cases  of teacher incompetence and misconduct in the
New York City Public School system. These teachers  have  been  sent  to
what is officially designated as the Temporary Reassignment Center, more
commonly  referred  to as "Rubber Rooms", where they continue to receive
full salary but perform no teaching or other duties. According to  Chan-
cellor  Joel Klein, New York City spent approximately $30 million on the
salaries of teachers who  sat  in  reassignment  centers.  One  teacher,
according  to  a  recent report, continues to collect his $94,154 annual
salary but has not set foot in a classroom  in  the  last  seven  years.
Another teacher who was banned from the classroom in 2001 is an attorney
who  has used his time in the rubber room to work at his legal practice,
purportedly drawing down his teacher's salary of $100,000. These  teach-
ers are among the 660 who are on the city payroll awaiting resolution of
their  cases.  New  York  City can no longer afford to waste millions of

taxpayer dollars every year for teachers  accused  of  incompetence  and
misconduct while they are waiting for their cases to be heard.

This bill would go a long way to remedy the current situation. It would:
remove  teachers  from  the  payroll while their cases are being adjudi-
cated; teachers whose cases are dismissed would  receive  back  pay  and
their cases expunged from their employment record; mandate that hearings
take  place  within thirty days; require final decisions to be issued in
writing within twenty-four hours; requires all disciplinary hearings  to
be heard by the Office of Administrative Trials and Hearings (OATH); and
requires  the  New York City Schools Chancellor to immediately refer all
existing disciplinary cases to the Office of Administrative  Trials  and
Hearings.

PRIOR LEGISLATIVE HISTORY: New Bill

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect immediately.

2009-A10442 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10442

                          I N  A S S E M B L Y

                             March 26, 2010
                               ___________

Introduced by M. of A. BENJAMIN -- read once and referred to the Commit-
  tee on Education

AN  ACT to amend the education law, in relation to disciplinary hearings
  and procedures for teachers in the city district of the  city  of  New
  York

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 and subparagraph (i) of paragraph b of subdi-
vision 3 of section 3020-a of the education law, as amended  by  chapter
691 of the laws of 1994, are amended to read as follows:
  1. Filing of charges.  All charges against a person enjoying the bene-
fits  of tenure as provided in subdivision three of section one thousand
one hundred two, and sections two thousand five hundred nine, two  thou-
sand  five  hundred seventy-three, [twenty-five hundred ninety-j,] three
thousand twelve and three thousand fourteen of this chapter shall be  in
writing  and filed with the clerk or secretary of the school district or
employing board during the period between the actual opening and closing
of the school year for which the employed is normally required to serve.
Except as provided in subdivision eight of  section  two  thousand  five
hundred  seventy-three  [and  subdivision  seven  of section twenty-five
hundred ninety-j] of this chapter, no charges under this  section  shall
be  brought  more  than  three years after the occurrence of the alleged
incompetency or misconduct, except when  the  charge  is  of  misconduct
constituting a crime when committed.
  (i)  Hearing  officers. All hearings pursuant to this section shall be
conducted before and by a single hearing officer  selected  as  provided
for in this section. A hearing officer shall not be eligible to serve as
such  if he or she is a resident of the school district, [other than the
city of New York,] under the jurisdiction of  the  employing  board,  an
employee, agent or representative of the employing board or of any labor
organization  representing employees of such employing board, has served
as such agent or representative within two years  of  the  date  of  the
scheduled hearing, or if he or she is then serving as a mediator or fact
finder  in the same school district. Notwithstanding any other provision

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD16166-02-0

A. 10442                            2

of law, the hearing officer shall be compensated by the department  with
the  customary  fee paid for service as an arbitrator under the auspices
of the association for each day of actual service plus necessary  travel
and  other reasonable expenses incurred in the performance of his or her
duties. All other expenses of the disciplinary proceedings shall be paid
in accordance with rules promulgated by the commissioner of education.
  S 2. The education law is amended by adding a new  section  3020-b  to
read as follows:
  S 3020-B. DISCIPLINARY PROCEDURES AND PENALTIES. 1. FILING OF CHARGES.
ALL CHARGES AGAINST A PERSON ENJOYING THE BENEFITS OF TENURE AS PROVIDED
IN  SECTION  TWENTY-FIVE  HUNDRED  NINETY-J  OF THIS CHAPTER SHALL BE IN
WRITING AND FILED WITH THE CLERK OR SECRETARY OF THE SCHOOL DISTRICT  OR
EMPLOYING BOARD DURING THE PERIOD BETWEEN THE ACTUAL OPENING AND CLOSING
OF THE SCHOOL YEAR FOR WHICH THE EMPLOYED IS NORMALLY REQUIRED TO SERVE.
EXCEPT  AS  PROVIDED IN SUBDIVISION SEVEN OF SECTION TWENTY-FIVE HUNDRED
NINETY-J OF THIS CHAPTER, NO CHARGES UNDER THIS SECTION SHALL BE BROUGHT
MORE THAN THREE YEARS AFTER THE OCCURRENCE OF THE  ALLEGED  INCOMPETENCY
OR  MISCONDUCT,  EXCEPT  WHEN THE CHARGE IS OF MISCONDUCT CONSTITUTING A
CRIME WHEN COMMITTED.
  2. DISPOSITION OF CHARGES. (A) UPON RECEIPT OF THE CHARGES, THE  CLERK
OR  SECRETARY  OF THE CITY DISTRICT OR EMPLOYING BOARD SHALL IMMEDIATELY
NOTIFY SAID BOARD THEREOF. WITHIN FIVE DAYS AFTER  RECEIPT  OF  CHARGES,
THE EMPLOYING BOARD, IN EXECUTIVE SESSION, SHALL DETERMINE, BY A VOTE OF
A  MAJORITY  OF  ALL  THE  MEMBERS OF SUCH BOARD, WHETHER PROBABLE CAUSE
EXISTS TO BRING A DISCIPLINARY PROCEEDING AGAINST AN  EMPLOYEE  PURSUANT
TO  THIS SECTION. IF SUCH DETERMINATION IS AFFIRMATIVE, A WRITTEN STATE-
MENT SPECIFYING THE CHARGES IN DETAIL, THE MAXIMUM PENALTY WHICH WILL BE
IMPOSED BY THE BOARD IF THE EMPLOYEE DOES NOT REQUEST A HEARING OR  THAT
WILL  BE  SOUGHT  BY  THE  BOARD  IF THE EMPLOYEE IS FOUND GUILTY OF THE
CHARGES AFTER A HEARING AND OUTLINING THE EMPLOYEE'S RIGHTS  UNDER  THIS
SECTION,  SHALL  BE  IMMEDIATELY  FORWARDED  TO  THE ACCUSED EMPLOYEE BY
CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED  OR  BY  PERSONAL
DELIVERY TO THE EMPLOYEE.
  (B) THE EMPLOYEE MAY BE SUSPENDED PENDING A HEARING ON THE CHARGES AND
THE  FINAL  DETERMINATION  THEREOF. THE SUSPENSION SHALL BE WITHOUT PAY.
THE EMPLOYEE SHALL BE TERMINATED WITHOUT A HEARING, AS PROVIDED  FOR  IN
THIS  SECTION,  UPON CONVICTION OF A SEX OFFENSE, AS DEFINED IN SUBPARA-
GRAPH TWO OF PARAGRAPH B OF SUBDIVISION SEVEN-A OF SECTION THREE HUNDRED
FIVE OF THIS CHAPTER. TO THE EXTENT THIS SECTION APPLIES TO AN  EMPLOYEE
ACTING  AS  A SCHOOL ADMINISTRATOR OR SUPERVISOR, AS DEFINED IN SUBPARA-
GRAPH THREE OF PARAGRAPH B  OF  SUBDIVISION  SEVEN-B  OF  SECTION  THREE
HUNDRED  FIVE OF THIS CHAPTER, SUCH EMPLOYEE SHALL BE TERMINATED WITHOUT
A HEARING, AS PROVIDED FOR IN THIS SECTION, UPON CONVICTION OF A  FELONY
OFFENSE  DEFINED  IN  SUBPARAGRAPH  TWO  OF  PARAGRAPH  B OF SUBDIVISION
SEVEN-B OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER.
  (C) WITHIN TEN DAYS OF  RECEIPT  OF  THE  STATEMENT  OF  CHARGES,  THE
EMPLOYEE  SHALL  NOTIFY THE CLERK OR SECRETARY OF THE EMPLOYING BOARD IN
WRITING WHETHER HE OR SHE DESIRES A HEARING ON THE CHARGES. SUCH HEARING
SHALL BE REFERRED TO THE NEW YORK CITY OFFICE OF  ADMINISTRATIVE  TRIALS
AND HEARINGS.
  (D)  THE  UNEXCUSED  FAILURE  OF  THE  EMPLOYEE TO NOTIFY THE CLERK OR
SECRETARY OF HIS OR HER DESIRE FOR A HEARING  WITHIN  TEN  DAYS  OF  THE
RECEIPT  OF  CHARGES SHALL BE DEEMED A WAIVER OF THE RIGHT TO A HEARING.
WHERE AN EMPLOYEE REQUESTS A HEARING IN THE MANNER PROVIDED FOR BY  THIS
SECTION, THE CLERK OR SECRETARY OF THE BOARD SHALL, WITHIN THREE WORKING
DAYS OF RECEIPT OF THE EMPLOYEE'S NOTICE OR REQUEST FOR A HEARING, NOTI-

A. 10442                            3

FY  THE  COMMISSIONER  OF  EDUCATION  OF  THE NEED FOR A HEARING. IF THE
EMPLOYEE WAIVES HIS OR HER RIGHT TO A HEARING THE EMPLOYING BOARD  SHALL
PROCEED,  WITHIN FIFTEEN DAYS, BY A VOTE OF A MAJORITY OF ALL MEMBERS OF
SUCH  BOARD,  TO  DETERMINE  THE CASE AND FIX THE PENALTY, IF ANY, TO BE
IMPOSED IN ACCORDANCE WITH SUBDIVISION FOUR OF THIS SECTION.
  3. HEARINGS. (A) NOTICE OF HEARING. UPON RECEIPT OF A  REQUEST  FOR  A
HEARING  IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION, THE COMMIS-
SIONER OF EDUCATION SHALL REFER ALL SUCH HEARINGS TO THE NEW  YORK  CITY
OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS.
  (B)  NEW  YORK CITY OFFICE OF ADMINISTRATIVE TRIALS AND HEARINGS.  ALL
HEARINGS PURSUANT TO THIS SECTION SHALL BE CONDUCTED  BEFORE  AND  BY  A
SINGLE  ADMINISTRATIVE LAW JUDGE FROM THE NEW YORK CITY OFFICE OF ADMIN-
ISTRATIVE TRIALS AND HEARINGS.
  (C) HEARING PROCEDURES. (I) HEARINGS SHALL BE CONDUCTED BY AN ADMINIS-
TRATIVE LAW JUDGE FROM THE NEW YORK CITY OFFICE OF ADMINISTRATIVE TRIALS
AND HEARINGS PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION WITH FULL AND
FAIR DISCLOSURE OF THE NATURE OF  THE  CASE  AND  EVIDENCE  AGAINST  THE
EMPLOYEE  BY  THE  EMPLOYING BOARD AND SHALL BE PUBLIC OR PRIVATE AT THE
DISCRETION OF THE EMPLOYEE.
  (II) THE ADMINISTRATIVE LAW JUDGE CONDUCTING SUCH HEARING  UNDER  THIS
SECTION  SHALL,  WITHIN  TEN  TO  FIFTEEN DAYS OF BEING ASSIGNED TO SUCH
HEARING, HOLD A PRE-HEARING CONFERENCE. THE PRE-HEARING CONFERENCE SHALL
BE LIMITED IN LENGTH TO ONE  DAY  EXCEPT  THAT  THE  ADMINISTRATIVE  LAW
JUDGE,  IN  HIS OR HER DISCRETION, MAY ALLOW ONE ADDITIONAL DAY FOR GOOD
CAUSE SHOWN.
  (III) AT THE PRE-HEARING CONFERENCE THE ADMINISTRATIVE LAW JUDGE SHALL
HAVE THE POWER TO:
  (A) ISSUE SUBPOENAS;
  (B) HEAR AND DECIDE ALL MOTIONS, INCLUDING BUT NOT LIMITED TO  MOTIONS
TO DISMISS THE CHARGES; AND
  (C)  HEAR  AND  DECIDE  ALL  APPLICATIONS  FOR  BILLS OF PARTICULAR OR
REQUESTS FOR PRODUCTION OF MATERIALS OR INFORMATION, INCLUDING, BUT  NOT
LIMITED  TO, ANY WITNESS STATEMENT (OR STATEMENTS), INVESTIGATORY STATE-
MENT (OR STATEMENTS) OR NOTE (NOTES), EXCULPATORY EVIDENCE OR ANY  OTHER
EVIDENCE,  INCLUDING  DISTRICT OR STUDENT RECORDS, RELEVANT AND MATERIAL
TO THE EMPLOYEE'S DEFENSE.
  (IV) ANY PRE-HEARING MOTION OR APPLICATION RELATIVE TO THE SUFFICIENCY
OF THE CHARGES, APPLICATION OR AMENDMENT  THEREOF,  OR  ANY  PRELIMINARY
MATTERS  SHALL  BE  MADE  UPON  WRITTEN NOTICE TO THE ADMINISTRATIVE LAW
JUDGE AND THE ADVERSE PARTY NO LESS THAN FIVE DAYS PRIOR TO THE DATE  OF
THE  PRE-HEARING CONFERENCE. ANY PRE-HEARING MOTIONS OR APPLICATIONS NOT
MADE AS PROVIDED FOR HEREIN SHALL BE DEEMED WAIVED EXCEPT FOR GOOD CAUSE
AS DETERMINED BY THE ADMINISTRATIVE LAW JUDGE.
  (V) IN THE EVENT THAT AT  THE  PRE-HEARING  CONFERENCE  THE  EMPLOYING
BOARD  PRESENTS  EVIDENCE  THAT THE PROFESSIONAL LICENSE OF THE EMPLOYEE
HAS BEEN REVOKED AND ALL JUDICIAL AND ADMINISTRATIVE REMEDIES HAVE  BEEN
EXHAUSTED OR FORECLOSED, THE ADMINISTRATIVE LAW JUDGE SHALL SCHEDULE THE
DATE AND TIME FOR AN EXPEDITED HEARING, WHICH HEARING SHALL COMMENCE NOT
MORE THAN SEVEN DAYS AFTER THE PRE-HEARING CONFERENCE AND WHICH SHALL BE
LIMITED  TO ONE DAY. THE EXPEDITED HEARING SHALL NOT BE POSTPONED EXCEPT
UPON THE REQUEST OF A PARTY AND THEN ONLY FOR GOOD CAUSE  AS  DETERMINED
BY THE ADMINISTRATIVE LAW JUDGE.
  (VI)  DURING  THE PRE-HEARING CONFERENCE, THE ADMINISTRATIVE LAW JUDGE
SHALL DETERMINE THE REASONABLE AMOUNT OF  TIME  NECESSARY  FOR  A  FINAL
HEARING  ON  THE  CHARGE OR CHARGES AND SHALL SCHEDULE THE TIME OR TIMES
AND DATE OR DATES FOR THE FINAL HEARING. IN THE EVENT THAT THE  ADMINIS-

A. 10442                            4

TRATIVE  LAW  JUDGE  DETERMINES THAT THE NATURE OF THE CASE REQUIRES THE
FINAL HEARING TO LAST MORE THAN ONE DAY, THE DAYS THAT ARE SCHEDULED FOR
THE FINAL HEARING SHALL BE CONSECUTIVE. THE DAY OR  DAYS  SCHEDULED  FOR
THE  FINAL  HEARING  SHALL NOT BE POSTPONED EXCEPT UPON THE REQUEST OF A
PARTY AND THEN ONLY FOR GOOD CAUSE SHOWN AS DETERMINED BY  THE  ADMINIS-
TRATIVE LAW JUDGE. IN ALL CASES, THE FINAL HEARING SHALL BE COMPLETED NO
LATER  THAN  THIRTY  DAYS  AFTER  THE  PRE-HEARING CONFERENCE UNLESS THE
ADMINISTRATIVE LAW JUDGE  DETERMINES  THAT  EXTRAORDINARY  CIRCUMSTANCES
WARRANT A LIMITED EXTENSION.
  4.  POST  HEARING  PROCEDURES.  (A) THE ADMINISTRATIVE LAW JUDGE SHALL
RENDER A WRITTEN DECISION WITHIN TWENTY-FOUR HOURS OF THE  LAST  DAY  OF
THE  FINAL  HEARING, OR IN THE CASE OF AN EXPEDITED HEARING WITHIN TWEN-
TY-FOUR HOURS OF SUCH EXPEDITED HEARING, AND SHALL FORTHWITH  FORWARD  A
COPY  THEREOF  TO  THE  COMMISSIONER  OF EDUCATION WHO SHALL IMMEDIATELY
FORWARD COPIES OF THE DECISION TO THE  EMPLOYEE  AND  TO  THE  CLERK  OR
SECRETARY OF THE EMPLOYING BOARD. THE WRITTEN DECISION SHALL INCLUDE THE
ADMINISTRATIVE  LAW  JUDGE'S FINDINGS OF FACT ON EACH CHARGE, HIS OR HER
CONCLUSIONS WITH REGARD TO EACH CHARGE BASED ON SAID FINDINGS AND  SHALL
STATE  WHAT  PENALTY  OR  OTHER  ACTION,  IF  ANY, SHALL BE TAKEN BY THE
EMPLOYING BOARD. AT THE REQUEST OF THE EMPLOYEE, IN DETERMINING WHAT, IF
ANY, PENALTY OR OTHER ACTION SHALL BE IMPOSED,  THE  ADMINISTRATIVE  LAW
JUDGE  SHALL  CONSIDER  THE  EXTENT  TO  WHICH  THE EMPLOYING BOARD MADE
EFFORTS TOWARDS CORRECTING THE BEHAVIOR OF THE EMPLOYEE  WHICH  RESULTED
IN CHARGES BEING  BROUGHT UNDER THIS SECTION THROUGH MEANS INCLUDING BUT
NOT LIMITED TO: REMEDIATION, PEER INTERVENTION OR AN EMPLOYEE ASSISTANCE
PLAN.  IN  THOSE CASES WHERE A PENALTY IS IMPOSED, SUCH PENALTY MAY BE A
WRITTEN REPRIMAND, A FINE, SUSPENSION FOR A FIXED TIME WITHOUT  PAY,  OR
DISMISSAL.  IN  ADDITION  TO OR IN LIEU OF THE AFOREMENTIONED PENALTIES,
THE ADMINISTRATIVE LAW JUDGE, WHERE HE OR  SHE  DEEMS  APPROPRIATE,  MAY
IMPOSE  UPON  THE  EMPLOYEE REMEDIAL ACTION INCLUDING BUT NOT LIMITED TO
LEAVES OF ABSENCE WITH  OR  WITHOUT  PAY,  CONTINUING  EDUCATION  AND/OR
STUDY, A REQUIREMENT THAT THE EMPLOYEE SEEK COUNSELING OR MEDICAL TREAT-
MENT OR THAT THE EMPLOYEE ENGAGE IN ANY OTHER REMEDIAL OR COMBINATION OF
REMEDIAL ACTIONS.
  (B)  WITHIN  FIFTEEN DAYS OF RECEIPT OF THE ADMINISTRATIVE LAW JUDGE'S
DECISION THE EMPLOYING  BOARD  SHALL  IMPLEMENT  THE  DECISION.  IF  THE
EMPLOYEE IS ACQUITTED HE OR SHE SHALL BE RESTORED TO HIS OR HER POSITION
WITH  FULL  PAY FOR ANY PERIOD OF SUSPENSION WITHOUT PAY AND THE CHARGES
EXPUNGED FROM THE EMPLOYMENT RECORD. IF AN EMPLOYEE WHO WAS CONVICTED OF
A FELONY CRIME SPECIFIED IN PARAGRAPH (B) OF  SUBDIVISION  TWO  OF  THIS
SECTION,  HAS  SAID CONVICTION REVERSED, THE EMPLOYEE, UPON APPLICATION,
SHALL BE ENTITLED TO HAVE HIS OR HER PAY AND OTHER EMOLUMENTS  RESTORED,
FOR THE PERIOD FROM THE DATE OF HIS OR HER SUSPENSION TO THE DATE OF THE
DECISION.
  (C) THE ADMINISTRATIVE LAW JUDGE SHALL INDICATE IN THE DECISION WHETH-
ER  ANY  OF THE CHARGES BROUGHT BY THE EMPLOYING BOARD WERE FRIVOLOUS AS
DEFINED IN SECTION EIGHT THOUSAND THREE HUNDRED  THREE-A  OF  THE  CIVIL
PRACTICE  LAW  AND RULES. IF THE ADMINISTRATIVE LAW JUDGE FINDS THAT ALL
OF THE CHARGES BROUGHT AGAINST THE EMPLOYEE WERE FRIVOLOUS, THE ADMINIS-
TRATIVE LAW JUDGE SHALL ORDER THE EMPLOYING BOARD TO REIMBURSE THE STATE
EDUCATION DEPARTMENT THE REASONABLE COSTS SAID DEPARTMENT INCURRED AS  A
RESULT  OF  THE  PROCEEDING AND TO REIMBURSE THE EMPLOYEE THE REASONABLE
COSTS, INCLUDING BUT NOT LIMITED  TO  REASONABLE  ATTORNEYS'  FEES,  THE
EMPLOYEE  INCURRED  IN  DEFENDING THE CHARGES. IF THE ADMINISTRATIVE LAW
JUDGE FINDS THAT SOME BUT NOT ALL OF THE  CHARGES  BROUGHT  AGAINST  THE
EMPLOYEE  WERE  FRIVOLOUS,  THE ADMINISTRATIVE LAW JUDGE SHALL ORDER THE

A. 10442                            5

EMPLOYING BOARD TO REIMBURSE THE STATE EDUCATION DEPARTMENT  A  PORTION,
IN  THE  DISCRETION  OF  THE ADMINISTRATIVE LAW JUDGE, OF THE REASONABLE
COSTS SAID DEPARTMENT INCURRED AS A RESULT  OF  THE  PROCEEDING  AND  TO
REIMBURSE  THE  EMPLOYEE A PORTION, IN THE DISCRETION OF THE ADMINISTRA-
TIVE LAW JUDGE, OF THE REASONABLE COSTS, INCLUDING BUT  NOT  LIMITED  TO
REASONABLE  ATTORNEYS'  FEES,  THE  EMPLOYEE  INCURRED  IN DEFENDING THE
CHARGES.
  5. APPEAL. NOT LATER THAN TEN DAYS AFTER RECEIPT OF THE ADMINISTRATIVE
LAW JUDGE'S DECISION, THE EMPLOYEE OR THE EMPLOYING BOARD  MAY  MAKE  AN
APPLICATION  TO THE NEW YORK STATE SUPREME COURT TO VACATE OR MODIFY THE
DECISION OF THE ADMINISTRATIVE LAW JUDGE PURSUANT TO SECTION SEVEN THOU-
SAND FIVE HUNDRED ELEVEN OF  THE  CIVIL  PRACTICE  LAW  AND  RULES.  THE
COURT'S  REVIEW  SHALL  BE  LIMITED  TO  THE  GROUNDS  SET FORTH IN SUCH
SECTION. THE ADMINISTRATIVE LAW JUDGE'S DETERMINATION SHALL BE DEEMED TO
BE FINAL FOR THE PURPOSE OF SUCH PROCEEDING. IN NO CASE SHALL THE FILING
OR THE PENDENCY OF AN APPEAL DELAY THE IMPLEMENTATION OF THE DECISION OF
THE ADMINISTRATIVE LAW JUDGE.
  S 3. Paragraph (t) of subdivision 1 of section 2590-f of the education
law, as amended by chapter 345 of the laws of 2009, is amended  to  read
as follows:
  (t) notwithstanding any provisions of law to the contrary, to exercise
all  of  the  duties  and responsibilities of the employing board as set
forth in section [three thousand twenty-a] THREE  THOUSAND  TWENTY-B  of
this  chapter  pursuant  to a delegation of the chancellor under section
twenty-five hundred ninety-h of this article.
  S 4. Paragraph (s) of subdivision 1 of section 2590-f of the education
law, as added by chapter 385 of the laws of 1998, is amended to read  as
follows:
  [(s)]  (T)  notwithstanding  any provisions of law to the contrary, to
exercise all of the duties and responsibilities of the  employing  board
as  set  forth in section [three thousand twenty-a] THREE THOUSAND TWEN-
TY-B of this chapter pursuant to a delegation of  the  chancellor  under
section twenty-five hundred ninety-h of this article.
  S 5. Subdivision 38 of section 2590-h of the education law, as amended
by chapter 345 of the laws of 2009, is amended to read as follows:
  38.  To exercise all of the duties and responsibilities of the employ-
ing board as set forth in section [three thousand twenty-a] THREE  THOU-
SAND TWENTY-B of this chapter with respect to any member of the teaching
or  supervisory staff of schools under the jurisdiction of the community
district education councils. The  chancellor  shall  exercise  all  such
duties  and responsibilities for all community districts or may delegate
the exercise of all such duties  and  responsibilities  to  all  of  the
community superintendents of the city district.
  S  6.  Subdivision 38 of section 2590-h of the education law, as added
by chapter 385 of the laws of 1998, is amended to read as follows:
  38. to exercise all of the duties and responsibilities of the  employ-
ing  board as set forth in section [three thousand twenty-a] THREE THOU-
SAND TWENTY-B of this chapter with respect to any member of the teaching
or supervisory staff of schools under the jurisdiction of the  community
boards.  The  chancellor shall exercise all such duties and responsibil-
ities for all community districts or may delegate the  exercise  of  all
such duties and responsibilities to all of the community superintendents
of the city district.
  S  7.  Subdivision  38-a  of  section  2590-h of the education law, as
amended by chapter 345 of the laws  of  2009,  is  amended  to  read  as
follows:

A. 10442                            6

  38-a.  To  exercise  all  of  the  duties  and responsibilities of the
employing board as set forth in section [three thousand twenty-a]  THREE
THOUSAND  TWENTY-B  of  this  chapter  with respect to any member of the
teaching or supervisory staff of schools which  are  not  covered  under
subdivision  thirty-eight  of  this  section. Provided, however that the
city board shall maintain jurisdiction over  any  consequence  resulting
from  an  employee waiver of a hearing, as provided for in paragraph (d)
of subdivision two of section [three thousand twenty-a]  THREE  THOUSAND
TWENTY-B of this chapter.
  S  8.  Subdivisions  7 and 8-a of section 2590-j of the education law,
subdivision 7 as amended by chapter 385 of the laws of 1998 and subdivi-
sion 8-a as amended by chapter 720 of the laws of 1996, are  amended  to
read as follows:
  7.  (a)  No member of the teaching or supervisory staff of schools who
has served the full and appropriate probationary period  prescribed  by,
or  in  accordance with law, shall be found guilty of any charges except
after a hearing as provided by section [three thousand  twenty-a]  THREE
THOUSAND TWENTY-B of this chapter.
  (b)  Charges  may be initiated by the community superintendent against
any such employee for any of the following offenses:
  (1) Unauthorized absence from duty or excessive lateness;
  (2) Neglect of duty;
  (3) Conduct unbecoming his position, or  conduct  prejudicial  to  the
good order, efficiency or discipline of the service;
  (4) Incompetent or inefficient service;
  (5)  A  violation  of  the  by-laws,  rules or regulations of the city
board, chancellor, or the community board; or
  (6) Any substantial cause that renders the employee unfit  to  perform
his obligations properly to the service.
  (c)  The community superintendent, in advance of the filing of charges
and specifications, shall inform the employee accused and the  community
board of the nature of the complaint. No charge shall be brought outside
the statute of limitation period provided for in section [three thousand
twenty-a] THREE THOUSAND TWENTY-B of this chapter.
  (d)  Upon the service of a copy of the charges upon such employee, the
community superintendent may recommend to the chancellor the  suspension
of  any such employee. If the chancellor shall determine that the nature
of the charge requires the immediate removal of the  employee  from  his
assigned duties, he may suspend such employee for a period not exceeding
ninety  days  pending  hearing  and  determination  of charges, provided
however, that such employee shall be entitled to  receive  full  compen-
sation  during the period of suspension. In case the employee is acquit-
ted, he shall be restored to his position.
  8-a. Notwithstanding the  provisions  of  subdivision  eight  of  this
section,  a  community  superintendent  shall  request the chancellor to
transfer a principal pursuant  to  subdivision  twenty-five  of  section
twenty-five  hundred ninety-h of this article, or to remove or otherwise
discipline the principal pursuant to section [three  thousand  twenty-a]
THREE  THOUSAND TWENTY-B of this chapter, or to require the principal to
participate in training and staff development, or to take other  actions
to  promote  student achievement and school performance, where appropri-
ate, consistent with the obligations of the superintendent  pursuant  to
section twenty-five hundred ninety-f and the provisions of section twen-
ty-five hundred ninety-i of this article.
  S 9. The chancellor of the city district of the city of New York shall
refer  all  existing  disciplinary  hearings for teachers from such city

A. 10442                            7

district to the New York City Office of Administrative Trials and  Hear-
ings upon the effective date of this act.
  S  10.  This  act  shall take effect immediately, provided however the
amendments to paragraph (t) of subdivision 1 of section  2590-f  of  the
education  law made by section three of this act shall be subject to the
expiration and reversion of such paragraph pursuant  to  section  34  of
chapter  91  of  the  laws  of 2002, as amended, when upon such date the
provisions of section four of  this  act  shall  take  effect,  provided
further  that  the amendments to subdivision 38 of section 2590-h of the
education law made by section five of this act shall be subject  to  the
expiration  and  reversion of such subdivision pursuant to section 34 of
chapter 91 of the laws of 2002, as amended,  when  upon  such  date  the
provisions  of  section  six  of  this  act  shall take effect, provided
further, that the amendments to subdivision 38-a of  section  2590-h  of
the education law made by section seven of this act shall not affect the
repeal of such subdivision and shall be deemed to repeal therewith.

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