Assembly Bill A10148

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10148
 
                           I N  A S S E M B L Y
 
                             February 12, 2026
                                ___________
 
 Introduced  by  M.  of  A.  SCHIAVONI  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to the removal and disci-
   pline of part-time teaching assistants
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The education law is amended by adding a new section 3020-b
 to read as follows:
   §  3020-B. REMOVAL AND OTHER DISCIPLINARY ACTION OF PART-TIME TEACHING
 ASSISTANTS. 1. A TEACHING ASSISTANT EMPLOYED BY A PUBLIC SCHOOL DISTRICT
 OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES LESS  THAN  FULL-TIME  IN
 THE  UNCLASSIFIED  CIVIL SERVICE WHO SINCE THEIR LAST ENTRY INTO SERVICE
 HAS COMPLETED AT LEAST FIVE YEARS OF CONTINUOUS SERVICE IN THE UNCLASSI-
 FIED CIVIL SERVICE SHALL NOT BE REMOVED OR OTHERWISE  SUBJECTED  TO  ANY
 DISCIPLINARY PENALTY PROVIDED IN THIS SECTION EXCEPT FOR INCOMPETENCY OR
 MISCONDUCT  SHOWN  AFTER  A HEARING UPON STATED CHARGES PURSUANT TO THIS
 SECTION. FOR PURPOSES OF THIS SECTION, "LESS THAN FULL-TIME" SHALL  HAVE
 THE  SAME  MEANING  AS IN THE APPLICABLE COLLECTIVE BARGAINING AGREEMENT
 NEGOTIATED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
   2. AN EMPLOYEE WHO AT THE TIME OF QUESTIONING APPEARS TO BE  A  POTEN-
 TIAL SUBJECT OF DISCIPLINARY ACTION SHALL HAVE A RIGHT TO REPRESENTATION
 BY  THEIR  CERTIFIED  OR  RECOGNIZED EMPLOYEE ORGANIZATION UNDER ARTICLE
 FOURTEEN OF THE CIVIL SERVICE LAW AND SHALL BE NOTIFIED IN  ADVANCE,  IN
 WRITING,  OF  SUCH  RIGHT.  IF  REPRESENTATION IS REQUESTED A REASONABLE
 PERIOD OF TIME SHALL BE AFFORDED TO OBTAIN SUCH REPRESENTATION.  IF  THE
 EMPLOYEE  IS  UNABLE TO OBTAIN REPRESENTATION WITHIN A REASONABLE PERIOD
 OF TIME THE EMPLOYER HAS THE RIGHT TO  THEN  QUESTION  THE  EMPLOYEE.  A
 HEARING  OFFICER  UNDER THIS SECTION SHALL HAVE THE POWER TO FIND THAT A
 REASONABLE PERIOD OF TIME WAS OR WAS NOT  AFFORDED.  IN  THE  EVENT  THE
 HEARING  OFFICER FINDS THAT A REASONABLE PERIOD OF TIME WAS NOT AFFORDED
 THEN ANY AND ALL STATEMENTS OBTAINED FROM SAID QUESTIONING  AS  WELL  AS
 ANY  EVIDENCE  OR  INFORMATION  OBTAINED AS A RESULT OF SAID QUESTIONING
 SHALL BE EXCLUDED, PROVIDED, HOWEVER, THAT THIS  SUBDIVISION  SHALL  NOT
 MODIFY  OR  REPLACE  ANY  WRITTEN  COLLECTIVE AGREEMENT BETWEEN A PUBLIC
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14749-01-6
 A. 10148                            2
 
 EMPLOYER AND EMPLOYEE ORGANIZATION NEGOTIATED PURSUANT TO ARTICLE  FOUR-
 TEEN  OF  THE  CIVIL SERVICE LAW. A PERSON AGAINST WHOM REMOVAL OR OTHER
 DISCIPLINARY ACTION IS PROPOSED SHALL HAVE WRITTEN NOTICE THEREOF AND OF
 THE REASONS THEREFOR, SHALL BE FURNISHED A COPY OF THE CHARGES PREFERRED
 AGAINST  THEM AND SHALL BE ALLOWED AT LEAST EIGHT DAYS FOR ANSWERING THE
 SAME IN WRITING. THE HEARING UPON SUCH CHARGES  SHALL  BE  HELD  BY  THE
 OFFICER  OR BODY HAVING THE POWER TO REMOVE THE PERSON AGAINST WHOM SUCH
 CHARGES ARE PREFERRED, OR BY A DEPUTY OR OTHER PERSON DESIGNATED BY SUCH
 OFFICER OR BODY IN WRITING FOR THAT PURPOSE. IN CASE A DEPUTY  OR  OTHER
 PERSON IS SO DESIGNATED, THEY SHALL, FOR THE PURPOSE OF SUCH HEARING, BE
 VESTED  WITH  ALL  THE  POWERS  OF SUCH OFFICER OR BODY AND SHALL MAKE A
 RECORD OF SUCH HEARING  WHICH  SHALL,  WITH  THEIR  RECOMMENDATIONS,  BE
 REFERRED  TO SUCH OFFICER OR BODY FOR REVIEW AND DECISION. THE PERSON OR
 PERSONS HOLDING SUCH HEARING SHALL,  UPON  THE  REQUEST  OF  THE  PERSON
 AGAINST  WHOM  CHARGES  ARE  PREFERRED, PERMIT THEM TO BE REPRESENTED BY
 COUNSEL, OR BY A REPRESENTATIVE OF A RECOGNIZED  OR  CERTIFIED  EMPLOYEE
 ORGANIZATION,  AND  SHALL ALLOW SUCH PERSON TO SUMMON WITNESSES IN THEIR
 BEHALF. THE BURDEN OF PROVING INCOMPETENCY OR MISCONDUCT SHALL  BE  UPON
 THE  PERSON  ALLEGING  THE  SAME.  COMPLIANCE  WITH  TECHNICAL  RULES OF
 EVIDENCE SHALL NOT BE REQUIRED.
   3. PENDING THE HEARING AND DETERMINATION OF CHARGES OF INCOMPETENCY OR
 MISCONDUCT, THE EMPLOYEE AGAINST WHOM SUCH CHARGES HAVE  BEEN  PREFERRED
 MAY  BE SUSPENDED WITHOUT PAY FOR A PERIOD NOT EXCEEDING THIRTY DAYS. IF
 SUCH EMPLOYEE IS FOUND GUILTY OF THE CHARGES, THE PENALTY OR  PUNISHMENT
 MAY  CONSIST OF A REPRIMAND, A FINE NOT TO EXCEED ONE HUNDRED DOLLARS TO
 BE DEDUCTED FROM THE SALARY  OR  WAGES  OF  SUCH  OFFICER  OR  EMPLOYEE,
 SUSPENSION  WITHOUT  PAY FOR A PERIOD NOT EXCEEDING TWO MONTHS, DEMOTION
 IN GRADE AND TITLE, OR DISMISSAL FROM THE  SERVICE;  PROVIDED,  HOWEVER,
 THAT  THE  TIME DURING WHICH AN EMPLOYEE IS SUSPENDED WITHOUT PAY MAY BE
 CONSIDERED AS PART OF THE PENALTY. IF SUCH EMPLOYEE IS  ACQUITTED,  THEY
 SHALL  BE  RESTORED  TO  THEIR  POSITION WITH FULL PAY FOR THE PERIOD OF
 SUSPENSION LESS THE AMOUNT OF ANY UNEMPLOYMENT INSURANCE  BENEFITS  THEY
 MAY  HAVE RECEIVED DURING SUCH PERIOD. IF SUCH EMPLOYEE IS FOUND GUILTY,
 A COPY OF THE CHARGES, THEIR WRITTEN ANSWER THERETO, A TRANSCRIPT OF THE
 HEARING, AND THE DETERMINATION SHALL BE  FILED  IN  THE  OFFICE  OF  THE
 DEPARTMENT OR AGENCY IN WHICH THEY HAVE BEEN EMPLOYED, AND A COPY THERE-
 OF  SHALL BE FILED WITH THE CIVIL SERVICE COMMISSION HAVING JURISDICTION
 OVER SUCH POSITION. A COPY OF THE TRANSCRIPT OF THE HEARING SHALL,  UPON
 REQUEST  OF THE OFFICER OR EMPLOYEE AFFECTED, BE FURNISHED TO THEM WITH-
 OUT CHARGE.
   4. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO REMOVAL OR DISCIPLI-
 NARY PROCEEDING SHALL BE COMMENCED MORE THAN EIGHTEEN MONTHS  AFTER  THE
 OCCURRENCE  OF  THE ALLEGED INCOMPETENCY OR MISCONDUCT COMPLAINED OF AND
 DESCRIBED IN THE CHARGES PROVIDED, HOWEVER, THAT SUCH LIMITATIONS  SHALL
 NOT  APPLY  WHERE  THE  INCOMPETENCY  OR  MISCONDUCT  COMPLAINED  OF AND
 DESCRIBED IN THE CHARGES WOULD, IF PROVED  IN  A  COURT  OF  APPROPRIATE
 JURISDICTION, CONSTITUTE A CRIME.
   5.  NOTHING  CONTAINED IN THIS SECTION SHALL MODIFY, REPLACE OR SUPER-
 SEDE ANY PROVISION OF A COLLECTIVE BARGAINING  AGREEMENT  THAT  PROVIDES
 FOR GREATER RIGHTS THAN REQUIRED BY THIS SECTION.
   § 2. This act shall take effect immediately.