Legislation

Search OpenLegislation Statutes
This entry was published on 2015-07-03
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 3020
Discipline of teachers
Education (EDN) CHAPTER 16, TITLE 4, ARTICLE 61
§ 3020. Discipline of teachers. 1. No person enjoying the benefits of
tenure shall be disciplined or removed during a term of employment
except for just cause and in accordance with the procedures specified in
section three thousand twenty-a of this article or in accordance with
alternate disciplinary procedures contained in a collective bargaining
agreement covering his or her terms and conditions of employment that
was effective on or before September first, nineteen hundred ninety-four
and has been unaltered by renegotiation, or in accordance with
alternative disciplinary procedures contained in a collective bargaining
agreement covering his or her terms and conditions of employment that
becomes effective on or after September first, nineteen hundred
ninety-four; provided, however, that any such alternate disciplinary
procedures contained in a collective bargaining agreement that becomes
effective on or after September first, nineteen hundred ninety-four,
must provide for the written election by the employee of either the
procedures specified in such section three thousand twenty-a or the
alternative disciplinary procedures contained in the collective
bargaining agreement and must result in a disposition of the
disciplinary charge within the amount of time allowed therefor under
such section three thousand twenty-a; and provided further that any
alternate disciplinary procedures contained in a collective bargaining
agreement that becomes effective on or after July first, two thousand
ten shall provide for an expedited hearing process before a single
hearing officer in accordance with subparagraph (i-a) of paragraph c of
subdivision three of section three thousand twenty-a of this article in
cases in which charges of incompetence are brought based solely upon an
allegation of a pattern of ineffective teaching or performance as
defined in section three thousand twelve-c of this article and shall
provide that such a pattern of ineffective teaching or performance shall
constitute very significant evidence of incompetence which may form the
basis for just cause removal.

2. No person enjoying the benefits of tenure shall be suspended for a
fixed time without pay or dismissed due to a violation of article
thirteen-E of the public health law.

3. Notwithstanding any inconsistent provision of law, the procedures
set forth in section three thousand twenty-a of this article and
subdivision seven of section twenty-five hundred ninety-j of this
chapter may be modified or replaced by agreements negotiated between the
city school district of the city of New York and any employee
organization representing employees or titles that are or were covered
by any memorandum of agreement executed by such city school district and
the council of supervisors and administrators of the city of New York on
or after December first, nineteen hundred ninety-nine. Where such
procedures are so modified or replaced: (i) compliance with such
modification or replacement procedures shall satisfy any provision in
this chapter that requires compliance with section three thousand
twenty-a, (ii) any employee against whom charges have been preferred
prior to the effective date of such modification or replacement shall
continue to be subject to the provisions of such section as in effect on
the date such charges were preferred, (iii) the provisions of
subdivisions one and two of this section shall not apply to agreements
negotiated pursuant to this subdivision, and (iv) in accordance with
paragraph (e) of subdivision one of section two hundred nine-a of the
civil service law, such modification or replacement procedures contained
in an agreement negotiated pursuant to this subdivision shall continue
as terms of such agreement after its expiration until a new agreement is
negotiated; provided that any alternate disciplinary procedures
contained in a collective bargaining agreement that becomes effective on
or after July first, two thousand ten shall provide for an expedited
hearing process before a single hearing officer in accordance with
subparagraph (i-a) of paragraph c of subdivision three of section three
thousand twenty-a of this article in cases in which charges of
incompetence are brought against a building principal based solely upon
an allegation of a pattern of ineffective teaching or performance as
defined in section three thousand twelve-c of this article and shall
provide that such a pattern of ineffective teaching or performance shall
constitute very significant evidence of incompetence which may form the
basis for just cause removal of the building principal and provided
further that any alternate disciplinary procedures contained in a
collective bargaining agreement that becomes effective on or after July
first, two thousand fifteen shall provide that all hearings pursuant to
sections three thousand twenty-a or three thousand twenty-b of this
article shall be conducted before a single hearing officer and that two
consecutive ineffective ratings pursuant to annual professional
performance reviews conducted in accordance with the provisions of
section three thousand twelve-c or three thousand twelve-d of this
article shall constitute prima facie evidence of incompetence that can
only be overcome by clear and convincing evidence that the employee is
not incompetent in light of all surrounding circumstances, and if not
successfully overcome, the finding, absent extraordinary circumstances,
shall be just cause for removal, and that three consecutive ineffective
ratings pursuant to annual professional performance reviews conducted in
accordance with the provisions of section three thousand twelve-c or
three thousand twelve-d of this article shall constitute prima facie
evidence of incompetence that can only be overcome by clear and
convincing evidence that the calculation of one or more of the
principal's underlying components on the annual professional performance
reviews pursuant to section three thousand twelve-c or three thousand
twelve-d of this article was fraudulent, and if not successfully
overcome, the finding, absent extraordinary circumstances, shall be just
cause for removal. For purposes of this subdivision, fraud shall include
mistaken identity. Notwithstanding any inconsistent provision of law,
the commissioner shall review any appeals authorized by such
modification or replacement procedures within fifteen days from receipt
by such commissioner of the record of prior proceedings in the matter
subject to appeal. Such review shall have preference over all other
appeals or proceedings pending before such commissioner.

4. a. Notwithstanding any inconsistent provision of law, the
procedures set forth in section three thousand twenty-a of this article
and subdivision seven of section twenty-five hundred ninety-j of this
chapter may be modified by agreements negotiated between the city school
district of the city of New York and any employee organization
representing employees or titles that are or were covered by any
memorandum of agreement executed by such city school district and the
united federation of teachers on or after June tenth, two thousand two.
Where such procedures are so modified: (i) compliance with such modified
procedures shall satisfy any provision of this chapter that requires
compliance with section three thousand twenty-a of this article; (ii)
any employee against whom charges have been preferred prior to the
effective date of such modification shall continue to be subject to the
provisions of such section as in effect on the date such charges were
preferred; (iii) the provisions of subdivisions one and two of this
section shall not apply to agreements negotiated pursuant to this
subdivision, except that no person enjoying the benefits of tenure shall
be disciplined or removed during a term of employment except for just
cause; and (iv) in accordance with paragraph (e) of subdivision one of
section two hundred nine-a of the civil service law, such modified
procedures contained in an agreement negotiated pursuant to this
subdivision shall continue as terms of such agreement after its
expiration until a new agreement is negotiated; and provided further
that any alternate disciplinary procedures contained in a collective
bargaining agreement that becomes effective on or after July first, two
thousand ten shall provide for an expedited hearing process before a
single hearing officer in accordance with subparagraph (i-a) of
paragraph c of subdivision three of section three thousand twenty-a of
this article in cases in which charges of incompetence are brought based
solely upon an allegation of a pattern of ineffective teaching or
performance as defined in section three thousand twelve-c of this
article and shall provide that such a pattern of ineffective teaching or
performance shall constitute very significant evidence of incompetence
which may form the basis for just cause removal, and provided further
that any alternate disciplinary procedures contained in a collective
bargaining agreement that becomes effective on or after July first, two
thousand fifteen shall provide that all hearings pursuant to sections
three thousand twenty-a or three thousand twenty-b of this article shall
be conducted before a single hearing officer and that two consecutive
ineffective ratings pursuant to annual professional performance reviews
conducted in accordance with the provisions of section three thousand
twelve-c or three thousand twelve-d of this article shall constitute
prima facie evidence of incompetence that can only be overcome by clear
and convincing evidence that the employee is not incompetent in light of
all surrounding circumstances, and if not successfully overcome, the
finding, absent extraordinary circumstances, shall be just cause for
removal, and that three consecutive ineffective ratings pursuant to
annual professional performance reviews conducted in accordance with the
provisions of section three thousand twelve-c or three thousand twelve-d
of this article shall constitute prima facie evidence of incompetence
that can only be overcome by clear and convincing evidence that the
calculation of one or more of the teacher's underlying components on the
annual professional performance reviews pursuant to section three
thousand twelve-c or three thousand twelve-d of this article was
fraudulent, and if not successfully overcome, the finding, absent
extraordinary circumstances, shall be just cause for removal. For
purposes of this paragraph, fraud shall include mistaken identity.

b. Any modifications to the procedures set forth in section three
thousand twenty-a of this article and subdivision seven of section
twenty-five hundred ninety-j of this chapter shall not change the manner
in which the fees and expenses of such proceedings pursuant to the
aforesaid sections are paid.