NY Educ L § 3020 (2021)
2021 New York Laws EDN - Education Title 4 - Teachers and Pupils Article 61 - Teachers and Supervisory and Administrative Staff 3020 - Discipline of Teachers.

§ 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.