2023 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.