Enacts the "New York state mandate relief for school districts act"
download bill text pdf| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| May 29, 2012 |
referred to education |
S T A T E O F N E W Y O R K
________________________________________________________________________
10446
I N A S S E M B L Y
May 29, 2012
___________
Introduced by M. of A. KOLB -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to retaining quality
teachers (Part A); to amend the education law, in relation to tenured
teacher discipline (Part B); to amend the education law, in relation
to health care premium contributions for school district employees
(Part C); establishing a special advisory committee to review laws and
regulations relating to special education (Part D); and to amend the
general municipal law, in relation to shared purchasing among poli-
tical subdivisions (Part E)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to enact the New York State Mandate Relief for
School Districts Act. Each component is wholly contained within a Part
identified as Parts A through E. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes reference to a section
"of this act", when used in connection with that particular component,
shall be deemed to mean and refer to the corresponding section of the
Part in which it is found. Section four of this act sets forth the
general effective date of this act.
S 2. This act shall be known and may be cited as the "New York State
Mandate Relief for School Districts Act".
PART A
Section 1. Section 1604 of the education law is amended by adding a
new subdivision 8-a to read as follows:
8-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN-
EVER A BOARD OF EDUCATION ABOLISHES OR REDUCES A POSITION OR POSITIONS
UNDER THIS CHAPTER, THE SUPERINTENDENT FOR THE SCHOOL DISTRICT SHALL
RECOMMEND WHICH TEACHER OR TEACHERS SHOULD BE RETAINED. SUCH RECOMMENDA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15980-02-2
A. 10446 2
TIONS SHALL BE BASED ON AN EVALUATION OF THE TEACHER'S PERFORMANCE AND
QUALIFICATIONS AND THE EDUCATIONAL NEEDS OF THE SCHOOL, INCLUDING BUT
NOT LIMITED TO:
(I) ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED PURSUANT TO
SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER;
(II) THE SCHOOL NEEDS FOR PARTICULAR LICENSE AREAS, OFFICE OR SCHOOL
NEEDS, INCLUDING CURRICULUM, SPECIALIZED EDUCATION, DEGREES, LICENSES OR
AREAS OF EXPERTISE;
(III) FAILURE TO OBTAIN PERMANENT CERTIFICATION WITHIN THE STATUTORILY
PRESCRIBED TIME LIMITS;
(IV) THE LENGTH OF SERVICE; PROVIDED, THAT THE TEACHER'S SALARY SHALL
NOT BE CONSIDERED IN MAKING A LAYOFF RECOMMENDATION.
THE BOARD OF EDUCATION SHALL EXERCISE ITS DISCRETION AND SHALL APPROVE
OR REJECT THE RECOMMENDATIONS OF THE SUPERINTENDENT SO AS TO MINIMIZE
THE ADVERSE IMPACT ON STUDENTS AND THE EDUCATIONAL STRENGTH OF THE
SCHOOL DISTRICT.
S 2. Section 1709 of the education law is amended by adding a new
subdivision 16-a to read as follows:
16-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
WHENEVER A BOARD OF EDUCATION ABOLISHES OR REDUCES A POSITION OR POSI-
TIONS UNDER THIS CHAPTER, THE SUPERINTENDENT FOR THE SCHOOL DISTRICT
SHALL RECOMMEND WHICH TEACHER OR TEACHERS SHOULD BE RETAINED. SUCH
RECOMMENDATIONS SHALL BE BASED ON AN EVALUATION OF THE TEACHER'S
PERFORMANCE AND QUALIFICATIONS AND THE EDUCATIONAL NEEDS OF THE SCHOOL,
INCLUDING BUT NOT LIMITED TO:
(I) ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED PURSUANT TO
SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER;
(II) THE SCHOOL NEEDS FOR PARTICULAR LICENSE AREAS, OFFICE OR SCHOOL
NEEDS, INCLUDING CURRICULUM, SPECIALIZED EDUCATION, DEGREES, LICENSES OR
AREAS OF EXPERTISE;
(III) FAILURE TO OBTAIN PERMANENT CERTIFICATION WITHIN THE STATUTORILY
PRESCRIBED TIME LIMITS;
(IV) THE LENGTH OF SERVICE; PROVIDED, THAT THE TEACHER'S SALARY SHALL
NOT BE CONSIDERED IN MAKING A LAY OFF RECOMMENDATION.
THE BOARD OF EDUCATION SHALL EXERCISE ITS DISCRETION AND SHALL APPROVE
OR REJECT THE RECOMMENDATIONS OF THE SUPERINTENDENT SO AS TO MINIMIZE
THE ADVERSE IMPACT ON STUDENTS AND THE EDUCATIONAL STRENGTH OF THE
SCHOOL DISTRICT.
S 3. Section 1804 of the education law is amended by adding a new
subdivision 13 to read as follows:
13. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN-
EVER A BOARD OF EDUCATION ABOLISHES OR REDUCES A POSITION OR POSITIONS
UNDER THIS CHAPTER, THE SUPERINTENDENT FOR THE SCHOOL DISTRICT SHALL
RECOMMEND WHICH TEACHER OR TEACHERS SHOULD BE RETAINED. SUCH RECOMMENDA-
TIONS SHALL BE BASED ON AN EVALUATION OF THE TEACHER'S PERFORMANCE AND
QUALIFICATIONS AND THE EDUCATIONAL NEEDS OF THE SCHOOL, INCLUDING BUT
NOT LIMITED TO:
(I) ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED PURSUANT TO
SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER;
(II) THE SCHOOL NEEDS FOR PARTICULAR LICENSE AREAS, OFFICE OR SCHOOL
NEEDS, INCLUDING CURRICULUM, SPECIALIZED EDUCATION, DEGREES, LICENSES OR
AREAS OF EXPERTISE;
(III) FAILURE TO OBTAIN PERMANENT CERTIFICATION WITHIN THE STATUTORILY
PRESCRIBED TIME LIMITS;
(IV) THE LENGTH OF SERVICE; PROVIDED, THAT THE TEACHER'S SALARY SHALL
NOT BE CONSIDERED IN MAKING A LAY OFF RECOMMENDATION.
A. 10446 3
THE BOARD OF EDUCATION SHALL EXERCISE ITS DISCRETION AND SHALL APPROVE
OR REJECT THE RECOMMENDATIONS OF THE SUPERINTENDENT SO AS TO MINIMIZE
THE ADVERSE IMPACT ON STUDENTS AND THE EDUCATIONAL STRENGTH OF THE
SCHOOL DISTRICT.
S 4. The opening paragraph of paragraph e of subdivision 4 of section
1950 of the education law is designated subparagraph 1 and a new subpar-
agraph 2 is added to read as follows:
(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN-
EVER A BOARD OF COOPERATIVE EDUCATIONAL SERVICES ABOLISHES OR REDUCES A
POSITION OR POSITIONS UNDER THIS CHAPTER, THE DISTRICT SUPERINTENDENT
SHALL RECOMMEND WHICH TEACHER OR TEACHERS SHOULD BE RETAINED. SUCH
RECOMMENDATIONS SHALL BE BASED ON AN EVALUATION OF THE TEACHER'S
PERFORMANCE AND QUALIFICATIONS AND THE EDUCATIONAL NEEDS OF THE BOARD OF
COOPERATIVE EDUCATIONAL SERVICES, INCLUDING BUT NOT LIMITED TO:
(I) ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED PURSUANT TO
SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER;
(II) THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES NEEDS FOR PARTIC-
ULAR LICENSE AREAS, OFFICE OR SCHOOL NEEDS, INCLUDING CURRICULUM,
SPECIALIZED EDUCATION, DEGREES, LICENSES OR AREAS OF EXPERTISE;
(III) FAILURE TO OBTAIN PERMANENT CERTIFICATION WITHIN THE STATUTORILY
PRESCRIBED TIME LIMITS;
(IV) THE LENGTH OF SERVICE; PROVIDED, THAT THE TEACHER'S SALARY SHALL
NOT BE CONSIDERED IN MAKING A LAY OFF RECOMMENDATION.
THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL EXERCISE ITS
DISCRETION AND SHALL APPROVE OR REJECT THE RECOMMENDATIONS OF THE SUPER-
INTENDENT SO AS TO MINIMIZE THE ADVERSE IMPACT ON STUDENTS AND THE
EDUCATIONAL STRENGTH OF THE SCHOOL DISTRICT.
S 5. Subdivision 2 of section 1505-a of the education law, as added by
chapter 871 of the laws of 1982, is amended to read as follows:
2. [Any] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
ANY such teacher who is unable to obtain a teaching position in any such
school district to which territory is added, because the number of posi-
tions needed are less than the number of teachers eligible to be consid-
ered employees pursuant to subdivision one of this section, shall, in
all such school districts to which territory is added, be placed on a
preferred eligible list of candidates for appointment to a vacancy that
may thereafter occur in a position similar to the one such teacher
filled in such former school district. The teachers on such a preferred
eligible list shall be appointed to such vacancies in such corresponding
or similar positions under the jurisdiction of the school district to
which territory is added [in the order of their length of service in
such former school district] PURSUANT TO SUBDIVISION EIGHT-A OF SECTION
SIXTEEN HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED
NINE AND SUBDIVISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR OF THIS
CHAPTER, within seven years from the date of the dissolution of such
former school district.
S 6. Section 1917 of the education law, as added by chapter 732 of the
laws of 1981, is amended to read as follows:
S 1917. Employees; employment rights. [Teachers] NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, TEACHERS and other staff members
of component districts, except the superintendent of schools, whose
services in the component districts are no longer needed because of
creation of a central high school district, shall be granted employment
rights in central high school districts in accordance with [length of
service] SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVI-
SION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIR-
A. 10446 4
TEEN OF SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER, in each tenure
area.
S 7. Subdivisions 1 and 4 of section 1917-a of the education law, as
added by section 93 of part L of chapter 405 of the laws of 1999, are
amended to read as follows:
1. [Teachers] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, TEACHERS and other staff members of component districts,
except the superintendent of schools, whose services in the component
districts are no longer needed because of the creation of a central high
school district or the transference of students to an existing central
high school district, shall be granted employment rights in central high
school districts in accordance with the provisions of this section.
4. If the number of teaching and other positions needed to provide the
educational services required by such central high school district is
less than the number of teachers and other employees eligible to be
considered employees of such central high school district as provided by
subdivision three of this section, [the services of the] DECISIONS
REGARDING RETENTION OF teachers and other employees [having the least
seniority] in the component district within the tenure area of the posi-
tion shall be [discontinued] MADE PURSUANT TO SUBDIVISION EIGHT-A OF
SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN
HUNDRED NINE AND SUBDIVISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR
OF THIS CHAPTER. Such teachers and other employees shall be placed on a
preferred eligible list of candidates for appointment to a vacancy that
may thereafter occur in an office or position under the jurisdiction of
the component district, the "receiving district" as defined in section
three thousand fourteen-c of this chapter, from which a component
district has taken back students, and the central high school district
similar to the one such teacher or other employee filled in such compo-
nent district. The teachers and other employees on such preferred lists
shall be reinstated or appointed to such vacancies in such corresponding
or similar positions under the jurisdiction of the component district or
the central high school district [in the order of their length of
service in such component district,] within seven years from the date of
the abolition of such office or position PURSUANT TO THE CRITERIA
OUTLINED IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDI-
VISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIR-
TEEN OF SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER.
S 8. Paragraph f of subdivision 5 of section 2218 of the education
law, as added by section 83 of part L of chapter 405 of the laws of
1999, is amended to read as follows:
f. [Members] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
RY, MEMBERS of the teaching and supervisory staff of the pre-existing
school district at the time of the reorganization shall have the right
to select the school district in which he or she shall be considered an
employee, with the same tenure status he or she maintained in the pre-
existing school district. Such selection shall be based on each teach-
er's seniority in the pre-existing school district, with the right of
selection passing from such teachers with the most seniority to such
teachers with the least seniority. Any such teacher who is unable to
obtain a teaching position in the new school district because the number
of positions needed is less than the number of teachers eligible to be
considered employees pursuant to this paragraph shall, in such new
school district and in the remaining school district, be placed on a
preferred eligible list of candidates for appointment to a vacancy that
may thereafter occur in a position similar to the one such teacher
A. 10446 5
filled in the pre-existing school district. Such teachers shall be
appointed to vacancies in such corresponding or similar positions [in
the order of their length of service in the pre-existing school
district] PURSUANT TO SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED
FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDI-
VISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER, within
seven years from the date of the reorganization pursuant to this
section. For such teachers, for salary, sick leave or any other purpose,
the length of service credited in the pre-existing school district shall
be credited as employment time with the new school district or the
remaining school district, as applicable.
S 9. Subdivision 2 and paragraph (a) of subdivision 3 of section 2510
of the education law, subdivision 2 as added by chapter 762 of the laws
of 1950 and paragraph (a) of subdivision 3 as amended by chapter 236 of
the laws of 1993, are amended to read as follows:
2. [Whenever] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, WHENEVER a board of education abolishes a position under this
chapter, [the services of the teacher having the least seniority in the
system within the tenure of the position abolished] DECISIONS REGARDING
RETENTION shall be [discontinued] MADE PURSUANT TO CRITERIA OUTLINED IN
SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION
SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF
SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER.
(a) If an office or position is abolished or if it is consolidated
with another position without creating a new position, the person fill-
ing such position at the time of its abolishment or consolidation shall
be placed upon a preferred eligible list of candidates for appointment
to a vacancy that then exists or that may thereafter occur in an office
or position similar to the one which such person filled without
reduction in salary or increment, provided the record of such person has
been one of faithful, competent service in the office or position he has
filled. The persons on such preferred list shall be reinstated or
appointed to such vacancies in such corresponding or similar positions
[in the order of their length of service in the system at any time]
within seven years from the date of abolition or consolidation of such
office or position PURSUANT TO THE CRITERIA OUTLINED IN SUBDIVISION
EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF
SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF SECTION EIGH-
TEEN HUNDRED FOUR OF THIS CHAPTER. Notwithstanding any other provision
of law to the contrary, in the event that a member of the New York state
teachers' retirement system, who is receiving a disability retirement
allowance, shall have such disability retirement allowance rescinded,
such member shall be placed upon such preferred eligible list as of the
effective date of his or her disability retirement.
S 10. Subdivisions 3 and 4 of section 2585 of the education law,
subdivision 4 as renumbered by chapter 521 of the laws of 1976 and such
section as renumbered by chapter 762 of the laws of 1950, are amended to
read as follows:
3. [Whenever] NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
WHENEVER a board of education abolishes a position under this chapter,
[the services of the teacher having the least seniority in the system]
DECISIONS REGARDING RETENTION within the tenure of the position abol-
ished shall be [discontinued] MADE PURSUANT TO CRITERIA OUTLINED IN
SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION
SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF
SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER.
A. 10446 6
4. If an office or position is abolished or if it is consolidated with
another position without creating a new position, the person filling
such position at the time of its abolishment or consolidation shall be
placed upon a preferred eligible list of candidates for appointment to a
vacancy that then exists or that may thereafter occur in an office or
position similar to the one which such person filled without reduction
in salary or increment, provided the record of such person has been one
of faithful, competent service in the office or position he OR SHE has
filled. The persons on such preferred list shall be reinstated or
appointed to such corresponding or similar positions [in the order of
their length of service in the system] PURSUANT TO THE CRITERIA OUTLINED
IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION
SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF
SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER.
S 11. Subdivision 2 and paragraph (a) of subdivision 3 of section 3013
of the education law, as added by chapter 737 of the laws of 1992, is
amended to read as follows:
2. [Whenever] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
CONTRARY, WHENEVER a trustee, board of trustee, board of education or
board of cooperative educational services abolishes a position under
this chapter, [the services of the teacher having the least seniority in
the system within the tenure of the position abolished] DECISIONS
REGARDING RETENTION OF TEACHERS shall be [discontinued] MADE PURSUANT TO
CRITERIA OUTLINED IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED
FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE, SUBDIVI-
SION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR AND SUBPARAGRAPH TWO OF
PARAGRAPH E OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF
THIS CHAPTER.
(a) If an office or position is abolished or if it is consolidated
with another position without creating a new position, the person fill-
ing such position at the time of its abolishment or consolidation shall
be placed upon a preferred eligible list of candidates for appointment
to a vacancy that then exists or that may thereafter occur in an office
or position similar to the one which such person filled without
reduction in salary or increment, provided the record of such person has
been one of faithful, competent service in the office or position he or
she has filled. The persons on such preferred list shall be reinstated
or appointed to such vacancies in such corresponding or similar posi-
tions [in the order of their length of service in the system] PURSUANT
TO THE CRITERIA OUTLINED IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN
HUNDRED FOUR, SUBDIVISION EIGHT-A OF SECTION SEVENTEEN HUNDRED NINE AND
SUBDIVISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER,
at any time within seven years from the date of abolition or consol-
idation of such office or position.
S 12. Subdivision 2 of section 3014-a of the education law, as amended
by chapter 511 of the laws of 1998, is amended to read as follows:
2. [If] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF
the number of teaching positions needed to provide the services required
by such program by the board or boards of cooperative educational
services is less than the number of teachers, teaching assistants and
teacher aides eligible to be considered employees of such board or
boards of cooperative educational services as provided by subdivision
one of this section, [the services of the teachers, teaching assistants
and teacher aides having the least seniority in the school district or
school districts or county vocational education and extension board
whose programs are taken over by the board or boards of cooperative
A. 10446 7
educational services within the tenure area or civil service title of
the position] DECISIONS REGARDING LAYOFFS AND RETENTION OF SUCH EMPLOY-
EES shall be [discontinued] MADE PURSUANT TO THE CRITERIA OUTLINED IN
SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION
SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE, SUBDIVISION THIRTEEN OF
SECTION EIGHTEEN HUNDRED FOUR AND SUBPARAGRAPH TWO OF PARAGRAPH E OF
SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THIS CHAPTER. Such
teachers, teaching assistants and teacher aides shall be placed on a
preferred eligible list of candidates for appointment to a vacancy that
may thereafter occur in an office or position under the jurisdiction of
the board or boards of cooperative educational services similar to the
one such teacher, teaching assistant and teacher aide filled in such
school district or school districts or such county vocational education
and extension board. The teachers, teaching assistants and teacher aides
on such preferred list shall be reinstated or appointed to such vacan-
cies in such corresponding or similar positions under the jurisdiction
of the board or boards of cooperative educational services [in the order
of their length of service in such school district or school districts
or in such county vocational education and extension board] PURSUANT TO
THE CRITERIA OUTLINED IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED
FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE, SUBDIVI-
SION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR AND SUBPARAGRAPH TWO OF
PARAGRAPH E OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF
THIS CHAPTER, within seven years from the date of the abolition of such
office or position.
S 13. Subdivision 2 of section 3014-b of the education law, as amended
by chapter 511 of the laws of 1998, is amended to read as follows:
2. [If] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF
the number of teaching positions needed to provide the services required
by such program by the school district is less than the number of teach-
ers, teaching assistants and teacher aides eligible to be considered
employees of such school district as provided by subdivision one of this
section, [the services of the teachers, teaching assistants and teacher
aides having the least seniority in the board of cooperative educational
services whose programs are taken over by the school district within the
tenure area or civil service title of the position] DECISIONS REGARDING
RETENTION OF SUCH EMPLOYEES shall be [discontinued] MADE PURSUANT TO
CRITERIA OUTLINED IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED
FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE, SUBDIVI-
SION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR AND SUBPARAGRAPH TWO OF
PARAGRAPH E OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF
THIS CHAPTER. Such teachers, teaching assistants and teacher aides
shall be placed on a preferred eligible list of candidates for appoint-
ment to a vacancy that may thereafter occur in an office or position
under the jurisdiction of the school district similar to the one such
teacher, teaching assistant and teacher aide filled in such board of
cooperative educational services. The teachers, teaching assistants and
teacher aides on such preferred list shall be reinstated or appointed to
such vacancies in such corresponding or similar positions under the
jurisdiction of the school district [in the order of their length of
service in such board of cooperative educational services, within seven
years from the date of the abolition of such office or position] PURSU-
ANT TO THE CRITERIA OUTLINED IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN
HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE,
SUBDIVISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR AND SUBPARAGRAPH
A. 10446 8
TWO OF PARAGRAPH E OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY
OF THIS CHAPTER.
S 14. Subdivision 3 of section 3014-c of the education law, as added
by chapter 706 of the laws of 1989, is amended to read as follows:
3. [If] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF
the number of teaching positions needed to provide the educational
services required by such sending district is less than the number of
teachers eligible to be considered employees of such sending district as
provided by subdivision two of this section, [the services of the teach-
ers having the least seniority in the receiving district whose students
are taken back by the sending district within the tenure area of the
position] DECISIONS REGARDING RETENTION OF TEACHERS shall be [discontin-
ued] MADE PURSUANT TO THE CRITERIA OUTLINED IN SUBDIVISION EIGHT-A OF
SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN
HUNDRED NINE AND SUBDIVISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR
OF THIS CHAPTER. Such teachers shall be placed on a preferred eligible
list of candidates for appointment to a vacancy that may thereafter
occur in an office or position under the jurisdiction of the sending
district and the receiving district similar to the one such teacher
filled in such receiving district. The teachers on such preferred list
shall be reinstated or appointed to such vacancies in such corresponding
or similar positions under the jurisdiction of the sending district or
the receiving district [in the order of their length of service in such
receiving district, within seven years from the date of the abolition of
such office or position] PURSUANT TO THE CRITERIA OUTLINED IN SUBDIVI-
SION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF
SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF SECTION EIGH-
TEEN HUNDRED FOUR OF THIS CHAPTER.
S 15. Subdivision 3 of section 3014-d of the education law, as added
by chapter 706 of the laws of 1989, is amended to read as follows:
3. [If] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF
the number of teaching positions needed to provide the educational
services required by such receiving district is less than the number of
teachers eligible to be considered employees of such receiving district
as provided by subdivision two of this section, [the services of the
teachers having the least seniority in the sending district within the
tenure area of the position] DECISIONS REGARDING RETENTION shall be
[discontinued] MADE PURSUANT TO THE CRITERIA OUTLINED IN SUBDIVISION
EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF
SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF SECTION EIGH-
TEEN HUNDRED FOUR OF THIS CHAPTER. Such teachers shall be placed on a
preferred eligible list of candidates for appointment to a vacancy that
may thereafter occur in an office or position under the jurisdiction of
the sending district and the receiving district similar to the one such
teacher filled in such sending district. The teachers on such preferred
list shall be reinstated or appointed to such vacancies in such corre-
sponding or similar positions under the jurisdiction of the sending
district or the receiving district [in the order of their length of
service in such sending district] PURSUANT TO THE CRITERIA OUTLINED IN
SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION
SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF
SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER, within seven years from
the date of the abolition of such office or position.
S 16. This act shall take effect on the first of July next succeeding
the date on which it shall have become a law.
A. 10446 9
PART B
Section 1. Paragraph b of subdivision 2 of section 3020-a of the
education law, as amended by section 1 of part B of chapter 57 of the
laws of 2012, is amended to read as follows:
b. The employee may be suspended pending a hearing on the charges and
the final determination thereof. The suspension shall be with pay FOR A
PERIOD OF ONE HUNDRED TWENTY DAYS, except the employee may be suspended
without pay IMMEDIATELY if the employee has entered a guilty plea to or
has been convicted of a felony crime concerning the criminal sale or
possession of a controlled substance, a precursor of a controlled
substance, or drug paraphernalia as defined in article two hundred twen-
ty or two hundred twenty-one of the penal law; or a felony crime involv-
ing the physical abuse of a minor or student. The employee shall be
terminated without a hearing, as provided for in this section, upon
conviction of a sex offense, as defined in subparagraph 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 subparagraph three of para-
graph 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.
S 2. Subdivisions 3, 4 and 5 of section 3020-a of the education law,
as amended by section 1 of part B of chapter 57 of the laws of 2012, are
amended to read as follows:
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 shall forthwith notify the American Arbitration Association
(hereinafter "association") of the need for a hearing and shall request
the association to provide to the commissioner forthwith a list of names
of persons [chosen by the association] from the association's panel of
labor arbitrators to potentially serve as hearing officers together with
relevant biographical information on each arbitrator. Upon receipt of
said list and biographical information, the commissioner shall [forth-
with send a copy of both simultaneously] WITHIN TEN BUSINESS DAYS
APPOINT A HEARING OFFICER FROM SAID LIST OF NAMES PROVIDED BY THE ASSO-
CIATION. UPON APPOINTMENT, THE COMMISSIONER SHALL IMMEDIATELY SEND
NOTIFICATION OF THE HEARING OFFICER to the employing board and the
employee. [The commissioner shall also simultaneously notify both the
employing board and the employee of each potential hearing officer's
record in the last five cases of commencing and completing hearings
within the time periods prescribed in this section.]
b. [(i)] APPOINTMENT. APPOINTMENT FROM SUCH LIST SHALL BE MADE ON A
SEQUENTIAL BASIS BEGINNING WITH THE FIRST NAME APPEARING ON SUCH LIST.
SHOULD THAT HEARING OFFICER DECLINE APPOINTMENT, OR IF, WITHIN
FORTY-EIGHT HOURS, THE HEARING OFFICER FAILS TO RESPOND OR IS UNREACHA-
BLE AFTER REASONABLE EFFORTS BY THE COMMISSIONER, EACH SUCCESSIVE HEAR-
ING OFFICER WHOSE NAME NEXT APPEARS ON THE LIST SHALL BE OFFERED AN
APPOINTMENT, UNTIL SUCH APPOINTMENT IS ACCEPTED. ARBITRATORS MAY NOT
ACCEPT AN APPOINTMENT UNLESS THEY ARE AVAILABLE TO COMMENCE AND COMPLETE
THE HEARING WITHIN THE TIMEFRAMES SPECIFIED IN THIS SECTION. AN
ARBITRATOR'S UNEXCUSED FAILURE TO COMPLY WITH THE TIMEFRAMES SPECIFIED
IN THIS SECTION SHALL BE DEEMED GOOD AND SUFFICIENT GROUNDS FOR DISQUAL-
IFYING HIM OR HER FROM CONSIDERATION FOR APPOINTMENT FROM SUCH LIST
A. 10446 10
SPECIFIED IN PARAGRAPH A OF THIS SUBDIVISION. IF, AFTER COMMENCEMENT OF
A HEARING AND BY MUTUAL AGREEMENT OF THE PARTIES, THE HEARING OFFICER IS
DEEMED INCAPACITATED OR OTHERWISE UNAVAILABLE OR UNWILLING TO CONTINUE
THE HEARING OR ISSUE THE DECISION, THE COMMISSIONER SHALL RESCIND THE
APPOINTMENT OF THE HEARING OFFICER AND APPOINT A NEW HEARING OFFICER IN
ACCORDANCE WITH THE PROCEDURES AS SET FORTH IN THIS SUBDIVISION, AND THE
NEW HEARING OFFICER SHALL RESUME AND CONTINUE THE HEARING AT THE POINT
AT WHICH IT WAS INTERRUPTED.
C. TRAINING PROGRAM. (I) THE COMMISSIONER SHALL ESTABLISH A TRAINING
PROGRAM WHICH SHALL BE COMPLETED TO THE SATISFACTION OF THE COMMISSIONER
AS A CONDITION FOR ELIGIBILITY FOR INCLUSION ON THE LIST OF NAMES OF
PERSONS FROM THE ASSOCIATION'S PANEL OF LABOR ARBITRATORS TO POTENTIALLY
SERVE AS HEARING OFFICERS UNDER THIS SECTION.
(II) EFFECTIVE SIX MONTHS FROM THE EFFECTIVE DATE OF THIS SUBPARA-
GRAPH, AS A CONDITION FOR ELIGIBILITY FOR INCLUSION ON THE LIST OF NAMES
OF PERSONS CHOSEN BY THE ASSOCIATION FROM THE ASSOCIATION'S PANEL OF
LABOR ARBITRATORS TO POTENTIALLY SERVE AS A HEARING OFFICER, AN ARBITRA-
TOR SHALL:
(A) HAVE SUCCESSFULLY COMPLETED A TRAINING PROGRAM PURSUANT TO SUBPAR-
AGRAPH (I) OF THIS PARAGRAPH;
(B) ATTEND SUCH PERIODIC UPDATE PROGRAMS AS MAY BE SCHEDULED BY THE
COMMISSIONER;
(C) POSSES KNOWLEDGE OF, AND THE ABILITY TO UNDERSTAND, THE PROVISIONS
OF APPLICABLE LAW AND REGULATIONS PERTAINING TO THE DISCIPLINE OF
TENURED EMPLOYEES UNDER THIS SECTION AND ADMINISTRATIVE AND JUDICIAL
INTERPRETATIONS OF SUCH LAW AND REGULATIONS;
(D) POSSESS KNOWLEDGE OF THE PROCEDURES INVOLVED IN CONDUCTING A HEAR-
ING, AND IN REACHING AND WRITING A DECISION AND THE ABILITY TO CONDUCT
HEARINGS IN ACCORDANCE WITH APPROPRIATE, STANDARD LEGAL PRACTICE; AND
(E) ANNUALLY SUBMIT, IN A FORMAT AND BY A DATE PRESCRIBED BY THE
COMMISSIONER, A CERTIFICATION THAT THE HEARING OFFICER MEETS THE
REQUIREMENTS OF THIS SUBDIVISION.
(III) THE COMMISSIONER SHALL ESTABLISH STANDARDS ALLOWING ARBITRATORS
TO DOCUMENT THEIR QUALIFICATION TO BE IMMEDIATELY ELIGIBLE FOR APPOINT-
MENT FROM SUCH LIST SPECIFIED IN PARAGRAPH A OF THIS SUBDIVISION.
D. 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 in
such position 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.
[(A)] (I) Notwithstanding any other provision of law, for hearings
commenced by the filing of charges prior to April first, two thousand
twelve, 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 commenced by
the filing of charges prior to April first, two thousand twelve shall be
paid in accordance with rules promulgated by the commissioner. Claims
for such compensation for days of actual service and reimbursement for
necessary travel and other expenses for hearings commenced by the filing
A. 10446 11
of charges prior to April first, two thousand twelve shall be paid from
an appropriation for such purpose in the order in which they have been
approved by the commissioner for payment, provided payment shall first
be made for any other hearing costs payable by the commissioner, includ-
ing the costs of transcribing the record, and provided further that no
such claim shall be set aside for insufficiency of funds to make a
complete payment, but shall be eligible for a partial payment in one
year and shall retain its priority date status for appropriations desig-
nated for such purpose in future years.
[(B)] (II) Notwithstanding any other provision of law, rule or regu-
lation to the contrary, for hearings commenced by the filing of charges
on or after April first, two thousand twelve, the hearing officer shall
be compensated by the department for each day of actual service plus
necessary travel and other reasonable expenses incurred in the perform-
ance of his or her duties, provided that the commissioner shall estab-
lish a schedule for maximum rates of compensation of hearing officers
based on customary and reasonable fees for service as an arbitrator and
provide for limitations on the number of study hours that may be
claimed.
[(ii) The commissioner shall mail to the employing board and the
employee the list of potential hearing officers and biographies provided
to the commissioner by the association, the employing board and the
employee, individually or through their agents or representatives, shall
by mutual agreement select a hearing officer from said list to conduct
the hearing and shall notify the commissioner of their selection.
(iii) Within fifteen days after receiving the list of potential hear-
ing officers as described in subparagraph (ii) of this paragraph, the
employing board and the employee shall each notify the commissioner of
their agreed upon hearing officer selection. If the employing board and
the employee fail to agree on an arbitrator to serve as a hearing offi-
cer from the list of potential hearing officers, or fail to notify the
commissioner of a selection within such fifteen day time period, the
commissioner shall appoint a hearing officer from the list. The
provisions of this subparagraph shall not apply in cities with a popu-
lation of one million or more with alternative procedures specified in
section three thousand twenty of this article.
(iv) In those cases in which the employee elects to have the charges
heard by a hearing panel, the hearing panel shall consist of the hearing
officer, selected in accordance with this subdivision, and two addi-
tional persons, one selected by the employee and one selected by the
employing board, from a list maintained for such purpose by the commis-
sioner. The list shall be composed of professional personnel with admin-
istrative or supervisory responsibility, professional personnel without
administrative or supervisory responsibility, chief school administra-
tors, members of employing boards and others selected from lists of
nominees submitted to the commissioner by statewide organizations
representing teachers, school administrators and supervisors and the
employing boards. Hearing panel members other than the hearing officer
shall be compensated by the department at the rate of one hundred
dollars for each day of actual service plus necessary travel and subsis-
tence expenses. The hearing officer shall be compensated as set forth in
this subdivision. The hearing officer shall be the chairperson of the
hearing panel.
c.] E. Hearing procedures. (i) (A) The commissioner shall have the
power to establish necessary rules and procedures for the conduct of
hearings under this section.
A. 10446 12
(B) The department shall be authorized to monitor and investigate a
hearing officer's compliance with statutory timelines pursuant to this
section. The commissioner shall annually inform all hearing officers who
have heard cases pursuant to this section during the preceding year that
the time periods prescribed in this section for conducting such hearings
are to be strictly followed. A record of continued failure to commence
and complete hearings within the time periods prescribed in this section
shall be considered grounds for the commissioner to exclude such indi-
vidual from the list of potential hearing officers sent to the employing
board and the employee for such hearings.
(C) Such rules shall not require compliance with technical rules of
evidence. Hearings shall be conducted by the hearing officer [selected]
APPOINTED pursuant to [paragraph] PARAGRAPHS A AND b of this subdivision
with full and fair disclosure of [the nature of the case and evidence
against the employee] ALL MATERIAL RELEVANT TO THE PROSECUTION OR
DEFENSE OF THIS ACTION by the [employing board] PARTIES TEN BUSINESS
DAYS PRIOR TO THE FIRST HEARING DATE and shall be public or private at
the discretion of the employee. The employee shall have a reasonable
opportunity to defend himself or herself and an opportunity to testify
in his or her own behalf. The employee shall not be required to testify,
HOWEVER, THIS RIGHT SHALL NOT BE CONSTRUED TO MEAN THAT THE EMPLOYEE MAY
REFUSE TO COOPERATE IN THE EMPLOYING SCHOOL DISTRICT'S INVESTIGATION OF
ALLEGATIONS OF MISCONDUCT OR INCOMPETENCE RAISED AGAINST HIM OR HER.
Each party shall have the right to be represented by counsel, to subpoe-
na witnesses, and to cross-examine witnesses. All testimony taken shall
be under oath which the hearing officer is hereby authorized to adminis-
ter.
(D) An accurate record of the proceedings shall be kept at the expense
of the department at each such hearing in accordance with the regu-
lations of the commissioner. A copy of the record of the hearings shall,
upon request, be furnished without charge to the employee and the board
of education involved. The department shall be authorized to utilize any
new technology or such other appropriate means to transcribe or record
such hearings in an accurate, reliable, efficient and cost-effective
manner without any charge to the employee or board of education
involved.
(i-a)(A) Where charges of incompetence are brought based solely upon a
pattern of ineffective teaching or performance of a classroom teacher or
principal, as defined in section three thousand twelve-c of this arti-
cle, the hearing shall be conducted before and by a single hearing offi-
cer in an expedited hearing, which shall commence within seven days
after the pre-hearing conference and shall be completed within sixty
days after the pre-hearing conference. The hearing officer shall estab-
lish a hearing schedule at the pre-hearing conference to ensure that the
expedited hearing is completed within the required timeframes and to
ensure an equitable distribution of days between the employing board and
the charged employee. Notwithstanding any other law, rule or regulation
to the contrary, no adjournments may be granted that would extend the
hearing beyond such sixty days, except as authorized in this subpara-
graph. A hearing officer, upon request, may grant a limited and time
specific adjournment that would extend the hearing beyond such sixty
days if the hearing officer determines that the delay is attributable to
a circumstance or occurrence substantially beyond the control of the
requesting party and an injustice would result if the adjournment were
not granted.
A. 10446 13
(B) Such charges shall allege that the employing board has developed
and substantially implemented a teacher or principal improvement plan in
accordance with subdivision four of section three thousand twelve-c of
this article for the employee following the first evaluation in which
the employee was rated ineffective, and the immediately preceding evalu-
ation if the employee was rated developing. Notwithstanding any other
provision of law to the contrary, a pattern of ineffective teaching or
performance as defined in section three thousand twelve-c of this arti-
cle shall constitute very significant evidence of incompetence for
purposes of this section. Nothing in this subparagraph shall be
construed to limit the defenses which the employee may place before the
hearing officer in challenging the allegation of a pattern of ineffec-
tive teaching or performance.
(C) The commissioner shall annually inform all hearing officers who
have heard cases pursuant to this section during the preceding year that
the time periods prescribed in this subparagraph for conducting expe-
dited hearings are to be strictly followed. A record of continued fail-
ure to commence and complete expedited hearings within the time periods
prescribed in this subparagraph shall be considered grounds for the
commissioner to exclude such individual from the list of potential hear-
ing officers sent to the employing board and the employee for such expe-
dited hearings.
(ii) The hearing officer [selected] APPOINTED to conduct a hearing
under this section shall, within ten to fifteen days of agreeing to
serve in such position, hold a pre-hearing conference which shall be
held in the school district or county seat of the county, or any county,
wherein the employing school board is located. The pre-hearing confer-
ence shall be limited in length to one day except that the hearing offi-
cer, in his or her discretion, may allow one additional day for good
cause shown.
(iii) At the pre-hearing conference the hearing officer shall have the
power to:
(A) issue subpoenas;
(B) hear and decide all motions, including but not limited to motions
to dismiss the charges;
(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 hearing officer and the
adverse party no less than five days prior to the date of the pre-hear-
ing 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 hearing officer.
(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 hearing officer shall schedule the date,
time and place 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 be held in the
local school district or county seat of the county or any county, where-
A. 10446 14
in the said employing board is located. The expedited hearing shall not
be postponed except upon the request of a party and then only for good
cause as determined by the hearing officer. At such hearing, each party
shall have equal time in which to present its case] ALL RULINGS ON
SUBSTANTIVE MOTIONS SHALL BE PLACED ON THE RECORD WITH A FULL EXPLANA-
TION OF THE HEARING OFFICER'S REASONING.
(vi) During the pre-hearing conference, the hearing officer shall
determine the reasonable amount of time necessary for a final hearing on
the charge or charges and shall schedule the location, time(s) and
date(s) for the final hearing. The final hearing shall be held in the
local school district or county seat of the county, or any county, wher-
ein the said employing school board is located. In the event that the
hearing officer 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 hearing
officer. In all cases, the final hearing shall be completed no later
than sixty days after the pre-hearing conference unless the hearing
officer determines that extraordinary circumstances warrant a limited
extension.
(vii) All evidence shall be submitted by all parties within one
hundred twenty-five days of the filing of charges and no additional
evidence shall be accepted after such time, absent extraordinary circum-
stances beyond the control of the parties.
[d.] F. Limitation on claims. Notwithstanding any other provision of
law, rule or regulation to the contrary, no payments shall be made by
the department pursuant to this subdivision on or after April first, two
thousand twelve for: (i) compensation of a hearing officer or hearing
panel member, (ii) reimbursement of such hearing officers or panel
members for necessary travel or other expenses incurred by them, or
(iii) for other hearing expenses on a claim submitted later than one
year after the final disposition of the hearing by any means, including
settlement, or within ninety days after the effective date of this para-
graph, whichever is later; provided that no payment shall be barred or
reduced where such payment is required as a result of a court order or
judgment or a final audit.
4. Post hearing procedures. a. The hearing officer shall render a
written decision within thirty days of the last day of the final hear-
ing, or in the case of an expedited hearing within ten days of such
expedited hearing, and shall forward a copy thereof to the commissioner
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 hearing officer'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 hearing officer 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 repri-
mand, a fine, suspension for a fixed time without pay, or dismissal. In
addition to or in lieu of the aforementioned penalties, the hearing
officer, where he or she deems appropriate, may impose upon the employee
A. 10446 15
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 treatment or that the employee
engage in any other remedial or combination of remedial actions.
b. Within fifteen days of receipt of the hearing officer'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 enti-
tled to have his or her pay and other emoluments restored, for the peri-
od from the date of his or her suspension to the date of the decision.
c. The hearing officer shall indicate in the decision whether any of
the charges brought by the employing board were frivolous as defined in
section eighty-three hundred three-a of the civil practice law and
rules. If the hearing officer finds that all of the charges brought
against the employee were frivolous, the hearing officer shall order the
employing board to reimburse the department the reasonable costs [said]
THE department incurred as a result of the proceeding and to reimburse
the employee the reasonable costs, including but not limited to reason-
able attorneys' fees, the employee incurred in defending the charges. If
the hearing officer finds that some but not all of the charges brought
against the employee were frivolous, the hearing officer shall order the
employing board to reimburse the department a portion, in the discretion
of the hearing officer, of the reasonable costs [said] THE department
incurred as a result of the proceeding and to reimburse the employee a
portion, in the discretion of the hearing officer, of the reasonable
costs, including but not limited to reasonable attorneys' fees, the
employee incurred in defending the charges.
5. Appeal. a. Not later than ten days after receipt of the hearing
officer's decision, THE EMPLOYEE OR THE EMPLOYING BOARD MAY MAKE AN
APPLICATION FOR REVIEW OF THE HEARING OFFICER'S DECISION TO THE STATE
TENURED TEACHERS AND ADMINISTRATORS DISCIPLINARY REVIEW PANEL, (HEREAFT-
ER REFERRED TO IN THIS SUBDIVISION AS THE "PANEL"), ESTABLISHED IN
ACCORDANCE WITH SUBDIVISION FORTY-THREE OF SECTION THREE HUNDRED FIVE OF
THIS CHAPTER, AND THE RULES AND REGULATION PROMULGATED BY THE COMMIS-
SIONER. THE PANEL MAY MODIFY OR REVERSE THE DECISION OF A HEARING OFFI-
CER AS APPROPRIATE TO PROPERLY EFFECTUATE THE PURPOSES OF THIS SECTION.
THE DECISIONS OF THE PANEL SHALL CONSTITUTE BINDING DECISIONAL LAW UNTIL
MODIFIED OR REVERSED ON APPEAL BY EITHER PARTY BY THE STATE SUPREME
COURT OR BY AN APPELLATE COURT ON FURTHER APPEAL. PANEL DECISIONS SHALL
BE PUBLISHED PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE
COMMISSIONER AND IN THE SAME MANNER AS ADMINISTRATIVE DECISIONS FROM
OTHER STATE AGENCIES.
B. NOT LATER THAN TEN DAYS AFTER RECEIPT OF THE DECISION OF THE PANEL,
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 [hear-
ing officer] REVIEW PANEL pursuant to section seventy-five hundred elev-
en of the civil practice law and rules. [The court's review shall be
limited to the grounds set forth in such section.] The [hearing] REVIEW
panel's determination shall be deemed to be final for the purpose of
such proceeding.
[b.] C. In no case shall the filing or the pendency of an [appeal]
APPLICATION FOR REVIEW BY THE PANEL OR AN APPEAL TO THE COURTS delay the
implementation of the decision of the hearing officer.
A. 10446 16
S 3. Section 3020-a of the education law is amended by adding a new
subdivision 6 to read as follows:
6. IMMEDIATE REMOVAL. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
A PERSON ENJOYING THE BENEFITS OF TENURE AS PROVIDED IN SUBDIVISION
THREE OF SECTION ELEVEN HUNDRED TWO, OR SECTION TWENTY-FIVE HUNDRED
NINE, TWENTY-FIVE HUNDRED SEVENTY-THREE, TWENTY-FIVE HUNDRED NINETY-J,
THREE THOUSAND TWELVE OR THREE THOUSAND FOURTEEN OF THIS CHAPTER SHALL
LOSE SUCH BENEFITS AND SHALL BE IMMEDIATELY REMOVED FROM EMPLOYMENT BY
THE EMPLOYING BOARD OF EDUCATION UPON CONVICTION OF ANY OFFENSE RELATED
TO CHILD ABUSE; CHILD ABUSE IN AN EDUCATIONAL SETTING AS DEFINED IN
SECTION ELEVEN HUNDRED TWENTY-FIVE OF THIS CHAPTER; OR ANY OTHER FELONY
OFFENSE THAT AFFECTS THE OPERATION OF A SCHOOL DISTRICT; OR, UPON REVO-
CATION OF A PROFESSIONAL CERTIFICATE PURSUANT TO SUBDIVISION SEVEN OF
SECTION THREE HUNDRED FIVE OF THIS CHAPTER.
(B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON ENJOYING THE
BENEFITS OF TENURE AS PROVIDED IN SUBDIVISION THREE OF SECTION ELEVEN
HUNDRED TWO, OR SECTION TWENTY-FIVE HUNDRED NINE, TWENTY-FIVE HUNDRED
SEVENTY-THREE, TWENTY-FIVE HUNDRED NINETY-J, THREE THOUSAND TWELVE OR
THREE THOUSAND FOURTEEN OF THIS CHAPTER WHO FAILS TO RECEIVE A PROFES-
SIONAL CERTIFICATE WITHIN THE STATUTORY TIMEFRAME AS REQUIRED BY SECTION
THREE THOUSAND FOUR OF THIS ARTICLE SHALL RETAIN SUCH BENEFITS AND MAY
BE IMMEDIATELY REMOVED FROM EMPLOYMENT BY A BOARD OF EDUCATION.
(C) ANY EMPLOYEE OF A SCHOOL DISTRICT SUBJECT TO IMMEDIATE TERMINATION
UNDER THE PROVISIONS OF THIS SECTION SHALL HAVE FIVE BUSINESS DAYS FROM
THE NOTICE OF TERMINATION IN WHICH TO PROVIDE DOCUMENTARY EVIDENCE
ESTABLISHING TO THE SATISFACTION OF THE EMPLOYING BOARD THAT HE OR SHE
IS NOT THE SAME INDIVIDUAL REFERENCED IN THE ACTION TRIGGERING HIS OR
HER REMOVAL.
S 4. Section 305 of the education law is amended by adding a new
subdivision 43 to read as follows:
43. (A) THE COMMISSIONER SHALL ESTABLISH THE STATE TENURED TEACHERS
AND ADMINISTRATORS DISCIPLINARY REVIEW PANEL, (HEREAFTER REFERRED TO IN
THIS SUBDIVISION AS THE "PANEL"). THE PANEL SHALL CONSIST OF NO LESS
THAN THREE MEMBERS APPOINTED BY THE COMMISSIONER. PANEL MEMBERS SHALL BE
EMPLOYED BY THE DEPARTMENT AND THEIR SALARY SHALL BE DETERMINED AND PAID
BY THE DEPARTMENT.
(B) PANEL MEMBERS SHALL:
(I) SUCCESSFULLY COMPLETE A TRAINING PROGRAM ESTABLISHED BY THE
COMMISSIONER AND ATTEND SUCH ADDITIONAL TRAINING PROGRAMS AS MAY BE
REQUIRED BY THE COMMISSIONER;
(II) POSSESS KNOWLEDGE OF AND THE ABILITY TO UNDERSTAND THE PROVISIONS
OF APPLICABLE LAW AND REGULATIONS PERTAINING TO THE DISCIPLINE OF
TENURED EMPLOYEES UNDER THIS SECTION, AND ADMINISTRATIVE AND JUDICIAL
INTERPRETATIONS OF SUCH LAWS AND REGULATIONS;
(III) POSSESS KNOWLEDGE OF THE PROCEDURES INVOLVED IN CONDUCTING A
HEARING UNDER THIS SECTION; AND
(IV) POSSESS THE ABILITY TO RENDER AND WRITE DECISIONS IN ACCORDANCE
WITH APPROPRIATE STANDARD LEGAL PRACTICE.
S 5. This act shall take effect immediately.
PART C
Section 1. The education law is amended by adding a new section 1527-a
to read as follows:
S 1527-A. HEALTH CARE PREMIUM CONTRIBUTION. 1. THE FOLLOWING TERMS
USED IN THIS SECTION SHALL HAVE THE FOLLOWING MEANINGS:
A. 10446 17
A. "EMPLOYER" SHALL MEAN THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICE (BOCES) BY WHICH THE EMPLOYEE IS PAID.
B. "EMPLOYEE" SHALL MEAN ANY INDIVIDUAL INSTRUCTIONAL OR NON-INSTRUC-
TIONAL STAFF EMPLOYED BY A SCHOOL DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES.
C. "RETIREE" SHALL MEAN ANY FORMER EMPLOYEE WHO HAS RETIRED FROM A
SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
D. "HEALTH CARE PREMIUM" SHALL MEAN THE TOTAL COST OF ANY EMPLOYEE OR
RETIREE HEALTH CARE BENEFIT PLAN WHICH PROVIDES FOR PAYMENT OR
REIMBURSEMENT OF HEALTH CARE EXPENSES, HEALTH CARE SERVICES, DISABILITY
PAYMENTS, OR ANY OTHER BENEFITS UNDER A POLICY OF INSURANCE OR CONTRACT
WITH AN INDIVIDUAL OR GROUP.
2. NOTWITHSTANDING ANY PROVISIONS OR LAW TO THE CONTRARY, IN COLLEC-
TIVE BARGAINING AGREEMENTS ENTERED INTO ON OR AFTER THE EFFECTIVE DATE
OF THIS SECTION, THE CONTRIBUTION AMOUNT TO BE DUE AND PAYABLE BY EACH
EMPLOYER SHALL NOT EXCEED EIGHTY-FIVE PERCENT OF THE TOTAL HEALTH CARE
BENEFIT PREMIUM FOR AN INDIVIDUAL EMPLOYEE AND SHALL NOT EXCEED SEVEN-
TY-FIVE PERCENT OF THE TOTAL HEALTH CARE BENEFIT PREMIUM FOR AN EMPLOYEE
ELECTING FAMILY COVERAGE. THE REMAINDER OF THE TOTAL HEALTH CARE PREMIUM
SHALL BE PAID BY THE EMPLOYEE OR RETIREE.
S 2. This act shall take effect immediately; provided, that this act
shall apply to contracts and collective bargaining agreements entered
into, issued, renewed, modified, altered, or amended on or after such
effective date.
PART D
Section 1. Notwithstanding any other provisions of law, rule or regu-
lation to the contrary, all school districts shall be required to
conform with all federal laws and regulations relating to special
education programs and services to be provided to students with disabil-
ities. No state law or regulation shall impose any additional mandate or
procedural requirement for special education students on school
districts except as provided in section two of this act.
S 2. There shall be an advisory committee established to review the
current laws and regulations of the state of New York relating to
special education. The advisory committee shall consist of represen-
tatives of parents, teachers, principals, superintendents of school,
school boards, school district and board of cooperative educational
services officials and other interested parties, as determined by the
commissioner of education. The advisory committee shall review New York
state laws and regulations relating to special education which are in
effect on the date upon which this act is signed into law. The advisory
committee shall consider the programmatic impact, educational impact,
financial impact and other impacts as the committee deems necessary, of
each law and regulation relating to special education. The advisory
committee shall take into account the impacts of such laws and regu-
lations to make an evaluation of each state law and regulation above the
federal level and recommend which laws and/or regulations should remain
in effect. Upon such recommendation, the department of education shall
submit to the legislature on or before January first following the
effective date of this act, a report outlining the laws recommended by
the advisory committee to remain in effect above the level required by
the federal government. The legislature shall take action to exempt such
laws from section one of this act. The legislature shall repeal any
provision of any law relating to special education programs which exceed
A. 10446 18
federal requirements except as otherwise provided in this section. The
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of the advisory committee's recommendations are
authorized and directed to be made and completed by the commissioner of
education within one year of the report of the advisory committee.
S 3. This act shall take effect immediately.
PART E
Section 1. Section 103 of the general municipal law is amended by
adding a new subdivision 16 to read as follows:
16. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, ANY OFFICER, BOARD OR AGENCY OF A POLITICAL SUBDIVISION OR
OF ANY DISTRICT THEREIN AUTHORIZED TO MAKE PURCHASES OF MATERIALS,
EQUIPMENT OR SUPPLIES, OR TO CONTRACT FOR SERVICES, MAY MAKE SUCH
PURCHASES OR MAY CONTRACT FOR SERVICES, AS MAY BE REQUIRED BY SUCH POLI-
TICAL SUBDIVISION OR ANY DISTRICT THEREIN THROUGH THE USE OF A CONTRACT
LET BY ANY OTHER STATE OR POLITICAL SUBDIVISION IF SUCH CONTRACT WAS LET
IN ACCORDANCE WITH COMPETITIVE BIDDING REQUIREMENTS THAT ARE CONSISTENT
WITH THIS SECTION AND WITH THE INTENT OF EXTENDING THE USE TO OTHER
GOVERNMENTAL ENTITIES. FURTHERMORE, THE AUTHORITY PROVIDED TO POLITICAL
SUBDIVISIONS AND DISTRICTS THEREIN UNDER THIS SUBDIVISION SHALL NOT
RELIEVE ANY OBLIGATION OF SUCH POLITICAL SUBDIVISION OR DISTRICT THEREIN
TO COMPLY WITH ANY APPLICABLE MINORITY AND WOMEN-OWNED BUSINESS ENTER-
PRISE PROGRAM MANDATES.
S 2. This act shall take effect immediately.
S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 4. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through E of this act shall be
as specifically set forth in the last section of such Parts.
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