New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 20 - Subversive Activities › Section 20.1 - Disqualification or removal of superintendents, teachers and other employees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The school
				authorities of each school district shall take all necessary action to put into
				effect the following procedures for disqualification or removal of
				superintendents, teachers or other employees who violate the provisions of
				section 3021  of the Education Law or section 12-a
				of the Civil Service Law.[FN*]
(1) Prior to
				the appointment of any superintendent, teacher or employee, the nominating
				official, in addition to making due inquiry as to the candidate's academic
				record, professional training, experience and personal qualities, shall inquire
				of prior employers, and such other persons as may be in a position to furnish
				pertinent information, as to whether the candidate is known to have violated
				the aforesaid statutory provisions, including the provisions with respect to
				membership in organizations listed by the Board of Regents as subversive in
				accordance with subdivision (b) of this section. No person who is found to have
				violated the said statutory provisions shall be eligible for
				employment.
(2) The school
				authorities shall require one or more of the officials in their employ, whom
				they shall designate for such purpose, to submit to them in writing, not later
				than October 31, 1949, and not later than September 30th of each school year
				thereafter, a report on each teacher or other employee. Such report shall
				either:
(i) state that there is no evidence
				indicating that such teacher or other employee has violated the statutory
				provisions herein referred to, including the provisions with respect to
				membership in organizations listed by the Regents as subversive in accordance
				with subdivision (b) of this section; or
(ii) where there is evidence indicating a
				violation of said statutory provisions, including membership in such a
				subversive organization, recommend that action be taken to dismiss such teacher
				or other employee, on the ground of a specified violation or violations of the
				law.
(3) The school
				authorities shall themselves prepare such reports on the superintendent of
				schools and such other officials as may be directly responsible to them,
				including the officials designated by them in accordance with paragraph (2) of
				this subdivision.
(4) The school
				authorities shall proceed as promptly as possible, and in any event within 90
				days after the submission of the recommendations required in paragraph (2) of
				this subdivision, either to prefer formal charges against superintendents,
				teachers, or other employees for whom the evidence justifies such action, or to
				reject the recommendations for such action.
(5) Following the determination required in
				paragraph (4) of this subdivision, the school authorities shall immediately
				institute proceedings for the dismissal of superintendents, teachers or other
				employees in those cases in which, in their judgment, the evidence indicates
				violation of the statutory provisions herein referred to. In proceedings
				against persons serving on probation or those having tenure, the appropriate
				statutory procedure for dismissal shall be followed. In proceedings against
				persons serving under contract and not under the provisions of a tenure law,
				the school authorities shall conduct such hearings on charges as they deem the
				exigencies warrant, before taking final action on dismissal. In all cases, all
				rights to a fair trial, representation by counsel and appeal or court reviews,
				as provided by statute or the Constitution, shall be scrupulously
				observed.