reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-1 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER AUGUST 25, 1994 AND PRIOR TO JULY 1, 2015 › Section 82-1.1 - Application of subpart

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart applies to hearings on charges against
						tenured school employees pursuant to section 3020-a  of the Education Law that are
						commenced by the filing of charges on or after August 25, 1994 and prior to
						July 1, 2015.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-1 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER AUGUST 25, 1994 AND PRIOR TO JULY 1, 2015 › Section 82-1.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As used in this
					 Subpart:
(1) Employee means any person or
					 persons against whom charges may be filed pursuant to section 3020-a  of the Education Law, or, except
					 where the context indicates a contrary intent, the attorney designated to
					 represent such person or persons in a hearing pursuant to this Part.
(2) Chief school administrator means the
					 district superintendent of schools of the board of cooperative educational
					 services employing a person against whom charges are made; or the
					 superintendent of schools, community superintendent, chancellor or the
					 principal of the school district employing a person against whom charges are
					 made.
(3) Board means the employing
					 trustee, board of trustees, board of education, community board or board of
					 cooperative educational services.
(4) Commissioner means Commissioner of
					 Education.
(5) Association means
					 the American Arbitration Association.
(6) Hearing officer means a single hearing
					 officer selected to conduct a hearing pursuant to section 3020-a  of the Education Law, or the panel
					 chairperson in the case of a hearing before a three member hearing
					 panel.
(7) Panel member means a
					 member of a three member hearing panel, other than a hearing officer, who is
					 selected by either the employee or the board.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-1 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER AUGUST 25, 1994 AND PRIOR TO JULY 1, 2015 › Section 82-1.3 - Filing of charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Charges may not be filed by the chief school administrator or other party
					 authorized to file charges against an employee more than five days before the
					 next regularly scheduled meeting of the board except with the permission of the
					 board.
(b) A copy of a written
					 statement specifying in detail each charge as to which the board finds probable
					 cause exists shall be immediately forwarded to the employee by certified or
					 registered mail, return receipt requested, or by personal delivery to the
					 employee and to the commissioner by first class mail. Such statement shall
					 state the maximum penalty which will be imposed by the board if the employee
					 does not request a hearing or that will be sought by the board if the employee
					 is found guilty of the charge after a hearing and shall outline the employee's
					 rights under section 3020-a, including the right to request a hearing and the
					 right to choose either a single hearing officer or a three member panel when
					 the charges involve pedagogical incompetence or issues involving pedagogical
					 judgment.
(c) Charges against an
					 employee must be made separately from charges against any other
					 employee.
(d) Where charges
					 concerning pedagogical incompetence or issues involving pedagogical judgment
					 are filed with other charges, the employee shall have the right to choose
					 either a single hearing officer or a three member panel to hear all
					 charges.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-1 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER AUGUST 25, 1994 AND PRIOR TO JULY 1, 2015 › Section 82-1.4 - Request for a hearing

Current through Register Vol. 46, No. 28, July 10, 2024
Where the employee desires a hearing, he or she may file
						a written request for a hearing with the clerk or secretary of the employing
						board within 10 days of receipt of the charges, and where the charges concern
						pedagogical incompetence or issues involving pedagogical judgment, the employee
						shall choose either a single hearing officer or a three member panel. In the
						request for a hearing, the employee may designate an attorney who will
						represent the employee at the hearing and who shall be authorized to receive
						correspondence from the commissioner pertaining to the 3020-a proceeding on his
						or her behalf.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-1 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER AUGUST 25, 1994 AND PRIOR TO JULY 1, 2015 › Section 82-1.5 - Notice of need for hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 notification of the need for a hearing shall be sent to the commissioner within
					 three working days of the request for a hearing with a copy to the employee, or
					 the employee's designated attorney, and shall contain the following
					 information:
(1) an affidavit of service of
					 the charges upon the employee;
(2)
					 a copy of the employee's request for hearing;
(3) a place within the district or the county
					 seat of a county in which the board is located which will be made available by
					 the board at school district expense for the holding of the prehearing
					 conference and hearing;
(4) the
					 name and contact information for the attorney, if any, who will represent the
					 board at the hearing;
(5) whether
					 an expedited hearing is sought, and whether the employee is suspended either
					 with, or without pay;
(6) an
					 estimate of the number of days needed for the hearing;
(7) the name of the panel member selected by
					 the board, if applicable; and
(8)
					 where the board has received written notice that the employee will be
					 represented by an attorney at the hearing, the name and contact information
					 such attorney.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-1 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER AUGUST 25, 1994 AND PRIOR TO JULY 1, 2015 › Section 82-1.6 - Appointment of hearing officer and notice of prehearing conference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Forthwith after
					 receipt of notification of the need for a hearing, the commissioner shall
					 notify the association, obtain a list of potential hearing officers, together
					 with relevant biographical information, and send a copy thereof to the
					 attorneys representing the employing board and employee, or to the employee if
					 he or she is not so represented. Such list shall consist of individuals
					 selected by the association who are qualified to serve as hearing officers. To
					 be qualified to serve as a hearing officer, an individual shall:
(1) be on the association's panel of labor
					 arbitrators;
(2) be a resident of
					 New York or an adjoining state;
(3)
					 be willing to serve under the conditions imposed by Education Law, section 3020 -a and this Subpart; and
(4) not be ineligible to serve in the
					 particular hearing pursuant to Education Law, section3020 -a(3)(i).
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-1 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER AUGUST 25, 1994 AND PRIOR TO JULY 1, 2015 › Section 82-1.7 - Panel members

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 commissioner shall maintain a list of persons eligible to serve as panel
					 members pursuant to Education Law, section
					 3020-a(3)(b)(iv), which
					 list shall be updated as necessary.
(b) Copies of such list of panel members
					 appointed by the commissioner shall be available for public inspection upon
					 request to the commissioner.
(c) No
					 person may be selected from a list to serve as a panel member when that person
					 is serving as a panel member in connection with charges being heard against
					 another employee, except with the consent of the commissioner.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-1 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER AUGUST 25, 1994 AND PRIOR TO JULY 1, 2015 › Section 82-1.8 - Selection of panel member by employee

Current through Register Vol. 46, No. 28, July 10, 2024
Where an employee has exercised the option to have the
						hearing conducted before a hearing panel, within five days after receiving the
						copy of the notification to the commissioner of the need for a panel hearing,
						the employee shall, in writing by certified mail, notify the board and the
						commissioner of the name of his or her selection for the hearing panel. If the
						employee shall fail to notify the commissioner and the board as required and
						the employee has not waived his or her right to a hearing, the commissioner
						shall select the employee panel member for the employee.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-1 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER AUGUST 25, 1994 AND PRIOR TO JULY 1, 2015 › Section 82-1.9 - Demand for public hearing

Current through Register Vol. 46, No. 28, July 10, 2024
Unless the employee notifies the hearing officer at least
						24 hours before the first day of the hearing that he or she demands a public
						hearing, the hearing shall be private. The prehearing conference shall be
						private.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-1 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER AUGUST 25, 1994 AND PRIOR TO JULY 1, 2015 › Section 82-1.11 - Monitoring and enforcement of timelines

Current through Register Vol. 46, No. 28, July 10, 2024
The department will monitor and investigate a hearing
						officer's compliance with the timelines prescribed in Education Law section
						3020-a. A record of continued failure to commence and complete hearings within
						the time periods prescribed in this section shall be considered grounds for the
						commissioner to exclude such individual from the list of potential hearing
						officers for these hearings.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-2 - Procedures For Hearings Commenced Prior To August 25, 1994 › Section 82-2.1 - Application of subpart

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart applies to hearings on charges against
						tenured school employees pursuant to section 3020-a  of the Education Law that were
						commenced by the filing of charges on or before August 24,
						1994.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-2 - Procedures For Hearings Commenced Prior To August 25, 1994 › Section 82-2.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As used in this
					 Subpart:
(1) Employee means any person or
					 persons against whom charges may be filed pursuant to section 3020-a  of the Education Law.
(2) Chief school administrator means the
					 superintendent of schools, community superintendent, chancellor or the
					 principal of the school district employing a person against whom charges are
					 made.
(3) Complainant means the
					 person preferring the charges.
(4)
					 Board means trustee, board of trustees, board of education, community board or
					 board of cooperative educational services.
(5) Commissioner means Commissioner of
					 Education.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-2 - Procedures For Hearings Commenced Prior To August 25, 1994 › Section 82-2.3 - Filing of charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Charges may not be filed against an employee more than five days before the
					 next regularly scheduled meeting of the board except with the permission of the
					 board.
(b) A copy of a written
					 statement of each charge as to which the board finds that probable cause
					 exists, together with a copy of the vote of each member of the board on each
					 such charge, shall be forwarded at once to the commissioner by first class
					 mail.
(c) Charges against an
					 employee must be made separately from charges against any other
					 employee.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-2 - Procedures For Hearings Commenced Prior To August 25, 1994 › Section 82-2.4 - Requests for hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 notification to the commissioner of the need for a hearing shall contain at
					 least the following information:
(1) A copy
					 of the charges and all other information forwarded to the employee and an
					 affidavit of service of a copy of such charges upon the employee.
(2) The name of the panel member selected by
					 the board.
(3) The place to be
					 provided by the board for the holding of the hearing.
(4) The name and address of the attorney, if
					 any, who will represent the complainant at the hearing.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-2 - Procedures For Hearings Commenced Prior To August 25, 1994 › Section 82-2.5 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
As promptly as possible after receipt of notification of
						the need for a hearing, the commissioner will advise each party as to the date,
						time and place of the hearing and the procedures to be followed in selecting
						the hearing panel.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-2 - Procedures For Hearings Commenced Prior To August 25, 1994 › Section 82-2.6 - Panel members

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Panel
					 members will be appointed by the commissioner from time to time, and their
					 names and other pertinent information will be furnished to each
					 board.
(b) Copies of each list of
					 panel members appointed by the commissioner shall be filed in the office of the
					 school district clerk or secretary of the board and shall be available for
					 public inspection.
(c) The name of
					 any panel member may be removed from a list at any time by the commissioner at
					 his or her discretion.
(d) No
					 person may be selected from a list to serve as a panel member when that person
					 is serving as a panel member in connection with charges being heard against
					 another employee, except with the consent of the commissioner.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-2 - Procedures For Hearings Commenced Prior To August 25, 1994 › Section 82-2.7 - Selection of hearing panel member by employee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within five days after receiving the copy
					 of the notification to the commissioner of the need for a hearing, the employee
					 shall, in writing by certified mail, notify the board and the commissioner of
					 the name of his or her selection for the hearing panel. If the employee shall
					 fail to notify the commissioner and the board as required, and the employee has
					 not waived his or her right to a hearing, the commissioner shall select the
					 member of the hearing panel for the employee.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-2 - Procedures For Hearings Commenced Prior To August 25, 1994 › Section 82-2.8 - Selection of chairperson of the panel

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Not less than seven days before the date
					 scheduled for the hearing the panel members chosen by the board and the
					 employee shall be certified mail or telegram advise the commissioner of the
					 name of the person chosen as the chairperson of the panel, or that no agreement
					 as to a chairperson of the panel has been reached.
(b) If such notice is not received by the
					 commissioner at least five days before the date scheduled for the hearing the
					 commissioner shall select the chairperson of the panel.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-2 - Procedures For Hearings Commenced Prior To August 25, 1994 › Section 82-2.9 - Witnesses

Current through Register Vol. 46, No. 28, July 10, 2024
At the time set for the commencement of the hearing, the
						parties will present to the chairperson of the panel copies of any subpoenas
						served on prospective witnesses.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-2 - Procedures For Hearings Commenced Prior To August 25, 1994 › Section 82-2.10 - Demand for public hearing

Current through Register Vol. 46, No. 28, July 10, 2024
Unless the employee or his or her attorney shall have
						served a written demand for a public hearing upon the chairperson of the panel
						or if no chairperson of the panel has yet been designated, upon the
						commissioner, at least five days before the date set for the hearing, the
						employee will be deemed to have waived his or her right to a public hearing and
						the hearing will be private.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-2 - Procedures For Hearings Commenced Prior To August 25, 1994 › Section 82-2.12 - Additional procedure

Current through Register Vol. 46, No. 28, July 10, 2024
For hearings of charges filed on or after September 13,
						1991:
(a) The chairperson shall,
					 within 60 days from receipt of the hearing transcript, submit the panel
					 findings and recommendations to the commissioner, provided that failure to
					 comply with such requirement shall not affect the validity of a hearing panel's
					 findings and recommendations. Upon application of the chairperson, the
					 commissioner may grant an extension of such time limitation, not to exceed 30
					 days, for good cause shown provided that only one such extension may be
					 granted.
(b) A two-year suspension
					 from further cases shall be imposed against any chairperson who fails to meet
					 the time limitation of this section.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-3 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER JULY 1, 2015 › Section 82-3.1 - Application of this Subpart

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart applies to hearings on charges against
						tenured school employees pursuant to sections 3020-a and
						3020-b  of the Education Law that are
						commenced by the filing of charges on or after July 1, 2015.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-3 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER JULY 1, 2015 › Section 82-3.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Subpart:
(a) Employee means any person or persons
					 against whom charges may be filed pursuant to section 3020-a or section 3020-b  of the Education Law, or, except
					 where the context indicates a contrary intent, the attorney designated to
					 represent such person or persons in a hearing pursuant to this Part.
(b) Chief school administrator means the
					 district superintendent of schools of the board of cooperative educational
					 services employing a person against whom charges are made; or the
					 superintendent of schools, the Chancellor of a city school district in a city
					 with a population of one million or more or his or her designee, or other chief
					 school officer of the school district employing a person against whom charges
					 are made.
(c) Board means the
					 employing trustee, board of trustees, board of education, or board of
					 cooperative educational services.
(d) Clerk means the clerk or secretary of the
					 school district or employing board.
(e) Commissioner means Commissioner of
					 Education.
(f) Association means
					 the American Arbitration Association.
(g) Hearing officer means a single hearing
					 officer selected to conduct a hearing pursuant to section 3020-a or
					 3020-b  of the Education Law.
(h) Communication means any written,
					 electronic or oral notification of any type.
(i) Day means calendar day, unless otherwise
					 prescribed herein.
(j) Party means
					 the board or the employee.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-3 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER JULY 1, 2015 › Section 82-3.3 - Charges

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
					 provided in Education Law §§2573(8) or 2590-j(7), no charges under this Subpart
					 shall be brought more than three (3) years after the occurrence of the alleged
					 incompetency or misconduct, except when the charge is of misconduct
					 constituting a crime when committed.
(b) Charges filed under Education Law §3020-a
					 shall be in writing and shall be filed by the chief school administrator with
					 the clerk during the period between the actual opening and closing of the
					 school year for which the employed is normally required to serve.
(c) Upon receipt of the charges, the clerk or
					 secretary of the school district shall immediately notify the board of the
					 receipt of charges. After receipt of the charges, the board shall in executive
					 session, and determine by a vote of a majority of all of the members of the
					 board, whether probable cause exists to bring a disciplinary proceeding against
					 the employee. In the case of charges brought pursuant to Education Law §3020-a,
					 such executive session shall be held within five (5) days of the board's
					 receipt of the charges, except with permission of the board.
(d) Where the vote of the board is
					 affirmative, a written statement specifying the following information shall be
					 immediately forwarded to the employee by certified or registered mail, return
					 receipt requested, or by personal delivery:
(1) a description of the charges specifying
					 in detail each charge to which the board finds probable cause exists;
(2) the maximum penalty which will be imposed
					 by the board if the employee does not request a hearing or that will be sought
					 by the board if the employee is found guilty of the charges after a hearing;
					 and
(3) a copy of the employee's
					 rights under section 3020-a or 3020-b as applicable, including the right to
					 request a hearing.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-3 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER JULY 1, 2015 › Section 82-3.4 - Request for a hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where
					 the employee desires a hearing, he or she may file a written request for a
					 hearing with the clerk within ten (10) days of receipt of the
					 charges.
(b) In the request for a
					 hearing, the employee may designate an attorney who will represent the employee
					 at the hearing and who shall be authorized to receive any and all
					 communications pertaining to the Education Law §§3020-a or 3020-b proceeding,
					 as applicable, on his or her behalf.
(c) The unexcused failure of the employee to
					 request a hearing shall be deemed a waiver of the right to a hearing.
(d) Within three (3) business days of receipt
					 of the employee's request for a hearing, the clerk shall notify the
					 Commissioner of the need for a hearing in the manner prescribed by the
					 Commissioner, with a copy to the employee, or the employee's designated
					 attorney. Such notice shall include the following:
(1) an affidavit of service of the charges
					 upon the employee;
(2) a copy of
					 the employee's request for hearing;
(3) a place within the district or the county
					 seat of a county in which the board is located which will be made available by
					 the board at school district expense for the holding of the prehearing
					 conference and hearing;
(4) the
					 name and contact information for the attorney, if any, who will represent the
					 board at the hearing;
(5) the type
					 of hearing sought:
(i) standard Education Law
					 §3020-a hearing;
(ii) expedited
					 hearing due to revocation of the employee's certification;
(iii) expedited hearing due to misconduct
					 constituting physical of sexual abuse of a student;
(iv) expedited hearing pursuant to Education
					 Law §3020-b for two (2)consecutive ineffective composite or overall annual
					 professional performance review (APPR) ratings;
(v) mandatory expedited hearing pursuant to
					 Education Law §3020-b for three (3) consecutive ineffective composite or
					 overall annual professional performance review (APPR) ratings ;
(vi) probable cause hearing pursuant to
					 Education Law §3020-a(2)(c) for misconduct constituting physical or sexual
					 abuse of a student;
(6)
					 an estimate of the number of days needed for the hearing;
(7) where the board has received written
					 notice that the employee will be represented by an attorney at the hearing, the
					 name and contact information of such attorney.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-3 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER JULY 1, 2015 › Section 82-3.5 - Appointment of hearing officer in standard and expedited section3020-a proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
					 receipt of notification of the need for a hearing, the Commissioner shall
					 obtain a list of potential hearing officers, together with relevant
					 biographical information from the association. Such list shall consist of
					 individuals selected by the association who are qualified to serve as hearing
					 officers. To be qualified to serve as a hearing officer, an individual shall:
(1) be on the association's panel of labor
					 arbitrators;
(2) be a resident of
					 New York or an adjoining state;
(3)
					 be willing to serve under the conditions imposed by Education Law §3020-a and
					 this Subpart; and
(4) not be
					 otherwise ineligible to serve pursuant to Education Law, section 3020 -a(3)(c)(i).
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-3 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER JULY 1, 2015 › Section 82-3.6 - Appointment of hearing officer in expedited section3020-b proceedings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon receipt of
					 notification of the need for a hearing, the Commissioner shall obtain a list of
					 potential hearing officers, together with relevant biographical information
					 from the association. Such list shall consist of individuals selected by the
					 association who are qualified to serve as hearing officers. To be qualified to
					 serve as a hearing officer, an individual shall:
(1) be on the association's panel of labor
					 arbitrators;
(2) be a resident of
					 New York or an adjoining state;
(3)
					 be willing to serve under the conditions imposed by section 3020-b  of the Education Law and this
					 Subpart; and
(4) not be otherwise
					 ineligible to serve pursuant to Education Law, section 3020 -b(3)(c)(ii).
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-3 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER JULY 1, 2015 › Section 82-3.8 - General hearing procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except
					 as otherwise provided in section
					 80-3.9  of this
					 Subpart, within 60 days of the pre-hearing conference, the final hearing shall
					 be completed, unless the hearing officer determines that extraordinary
					 circumstances warrant a limited and time specific extension.
(b) Except in the case of an expedited
					 hearing pursuant to Education Law §3020-b, all evidence shall be submitted by
					 the parties within no later than 125 days of the filing of charges and no
					 additional evidence shall be accepted after such time, absent extraordinary
					 circumstances beyond the control of the parties.
(c) Hearing officer powers. The hearing
					 officer shall have the power to administer, the hearing process including, but
					 not limited to:
(1) regulate the course of
					 the hearing:
(2) set the time and
					 place for continued hearing dates;
(3) administer oaths;
(4) direct the parties to appear;
					 and
(5) decide such additional
					 applications and motions, as may occur during the course of the
					 hearing.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-3 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER JULY 1, 2015 › Section 82-3.9 - Special Hearing Procedures for expedited hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The general hearing procedures specified
					 in §
											82-3.8  of this Subpart shall apply to expedited §3020-a and §3020-b
					 proceedings, except as modified by the provisions of this section.
(b) Special hearing procedures for expedited
					 §3020-a proceedings based on revocation of certification.
(1) Where the proceeding is expedited due to
					 revocation of the employee's certification;
(i) the hearing shall be commenced not more
					 than seven (7) days after the pre-hearing conference and shall not be postponed
					 except on the request of a party and only for good cause shown;
(ii) the hearing shall be limited to one (1)
					 day and each party shall have equal time to present its case; and
(iii) the written decision shall be rendered
					 within ten (10) days of the last hearing date and shall otherwise comply with
					 the requirements of §
													82-3.8  of this Subpart.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-3 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER JULY 1, 2015 › Section 82-3.11 - Monitoring and enforcement of timelines

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department will monitor and
					 investigate a hearing officer's compliance with the timelines prescribed in
					 Education Law §§3020-a and 3020-b.
(b) A record of continued failure to commence
					 and complete hearings within the time periods prescribed in Education Law
					 §3020-a and 3020-b this section shall be considered grounds for the
					 Commissioner to exclude such individual from the list of potential hearing
					 officers for these hearings. If a hearing officer is excluded, he or she may
					 make an application to be reinstated to list after one year, which may be
					 granted at the Commissioner's discretion.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 82 - Hearings Of Charges Against Employees On Tenure › Subpart 82-3 - PROCEDURES FOR HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER JULY 1, 2015 › Section 82-3.12 - Reimbursable hearing expenses

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner shall compensate the
					 hearing officer with the customary fee paid for service as an arbitrator for
					 each day of actual service plus necessary travel and other reasonable expenses
					 incurred in the performance of his her duties. Actual service shall be
					 reimbursed in accordance with the maximum rates of compensation of hearing
					 officers as set forth in a schedule prescribed by the Commissioner. Necessary
					 travel and other related reasonable expenses shall be reimbursed in accordance
					 with the rules and limits on travel applicable to State employees.
(b) Any late cancellation fee charged by the
					 hearing officer shall be paid by the party or parties responsible for the
					 cancellation.
(c) A day of actual
					 service is defined as seven (7) hours of hearing time or study, time exclusive
					 of meal breaks, prorated to the nearest 1/10th of an hour.
(d) Charges for hearing time will be
					 reimbursed only for the actual time spent in hearing.
(e) A hearing officer shall not be reimbursed
					 for more than a certain amount of study hours, as prescribed by the
					 Commissioner. Study time is defined as all other administrative tasks, such as
					 hearing preparation, phone calls, correspondence, evidence review and decision
					 writing. Except as provided for herein, charges for study time shall not be in
					 excess of actual time spent on the hearing, prorated to the nearest 1/10th of
					 an hour up to a maximum established by the Commissioner. If a hearing officer
					 requires more than the maximum study time for a particularly complex matter,
					 the hearing officer can make an application to the Commissioner for additional
					 reimbursement. In situations where good cause substantiates additional study
					 time, as determined by the Commissioner, such applications will be granted.
(f) Additional hearing costs,
					 other than facilities costs, incurred to make a reasonable accommodation to an
					 employee or a witness based on such individual's disability, including but not
					 limited to the retention of a qualified interpreter for the deaf or hearing
					 impaired, shall be paid by the Commissioner. Except as otherwise provided in
					 this Subpart, any other additional hearing costs shall be paid by the board.
(g) No payments shall be made by
					 the Department if they are on a claim submitted later than one year after the
					 final disposition of the hearing by any means, including settlement; provided
					 that no payment shall be barred or reduced where such payment is required as a
					 result of a court order or judgement or a final audit.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 83 - Determination Of Good Moral Character › Section 83.1 - Determination of good moral character

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any information indicating that an
				  individual holding a teaching certificate has been convicted of a crime, or has
				  committed an act which raises a reasonable question as to the individual's
				  moral character, shall be referred by the chief school administrator having
				  knowledge thereof to the professional conduct officer of the
				  department.
(b) The appropriate
				  official in school districts which by statute are empowered to grant teaching
				  licenses shall notify the professional conduct officer of the revocation,
				  annulment or suspension of any license issued under that authority, together
				  with the reasons therefor.
(c)
				  Information in the possession of any person indicating that an applicant for a
				  teaching certificate has been convicted of a crime, or has committed an act
				  which raises a reasonable question as to the individual's moral character, may
				  be referred to the executive director of the Office of Teaching Initiatives of
				  the State Education Department. Information in the possession of any person
				  indicating that an individual holding a teaching certificate has been convicted
				  of a crime, or has committed an act which raises a reasonable question as to
				  the individual's moral character, may be referred to the professional conduct
				  officer of the department.
(d) The
				  department shall review the findings and recommendations of hearing panels in
				  hearings on charges against tenured teachers pursuant to Education Law section
				  3020-a and all such cases involving criminal convictions shall be referred to
				  the professional conduct officer.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 83 - Determination Of Good Moral Character › Section 83.2 - Investigation

Current through Register Vol. 46, No. 28, July 10, 2024
The professional conduct officer shall direct that an
					 investigation be done of the circumstances surrounding such conviction or act,
					 and shall submit a report of the findings and a recommendation as to whether to
					 proceed to a formal hearing to the State professional standards and practices
					 board for teaching or to a subcommittee of such board, as determined in the
					 bylaws of the board, composed of no fewer than five members approved by
					 majority vote of the board, to consider such reports.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 83 - Determination Of Good Moral Character › Section 83.3 - Review by board

Current through Register Vol. 46, No. 28, July 10, 2024
If upon review of the report of the professional conduct
					 officer, such board or subcommittee concludes that a certified individual's
					 moral character is adequate to permit continued certification as a teacher, or
					 that an applicant's moral character is adequate to permit certification as a
					 teacher, a report to this effect shall be forwarded by the board or
					 subcommittee to the executive director of the Office of Teaching Initiatives.
					 If upon such review, the board or subcommittee concludes that a substantial
					 question exists as to the moral character of a certified individual or an
					 applicant, notice of the basis for this conclusion and a copy of this Part
					 shall be sent by certified mail, return receipt requested, to the certified
					 individual or applicant.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 83 - Determination Of Good Moral Character › Section 83.5 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
Within 30 days after receipt of notification of the
					 findings and recommendations of the hearing officer or hearing panel, the
					 certified individual or applicant may commence an appeal to the commissioner
					 pursuant to subdivision (a) of this section or, where applicable, the
					 commissioner may initiate a review proceeding pursuant to subdivision (b) of
					 this section.
(a) Appeal by certified
				  individual or applicant. The certified individual or applicant may commence an
				  appeal of the findings and recommendations of the hearing officer by filing the
				  original appeal papers with the commissioner, with proof of service by regular
				  mail upon the executive director of the Office of Teaching Initiatives. The
				  executive director of the Office of Teaching Initiatives may file a written
				  response with the commissioner within 30 days of being served with such appeal
				  papers, with proof of service by regular mail on the certified individual or
				  applicant or the attorney of record of such certified individual or
				  applicant.
(b) Review proceeding by
				  commissioner.
(1) In cases involving
				  convictions for any of the following acts constituting a crime in New York
				  State, the commissioner may initiate review of the findings and recommendations
				  of the hearing officer or hearing panel to determine whether such findings and
				  recommendations should be adopted as the final determination of the
				  commissioner:
(i) the criminal sale,
				  possession or use of marijuana, a controlled substance, a precursor of a
				  controlled substance or drug paraphernalia as defined in article 220 or 221 of
				  the Penal Law;
(ii) any crime
				  involving physical or sexual abuse of a minor or student;
(iii) any crime committed either on school
				  property or while in the performance of teaching duties; or
(iv) any crime committed involving the
				  submission of false information, or the commission of fraud, related to a
				  criminal history record check.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 83 - Determination Of Good Moral Character › Section 83.6 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In a proceeding
				  brought pursuant to this Part, for individuals who are served with a notice
				  that a substantial question exists as to moral character prior to November 1,
				  2000, a hearing officer or hearing panel, as applicable, may recommend and the
				  commissioner may impose the following penalties: denial of an application for
				  certification, or suspension of a certificate, or revocation of a
				  certificate.
(b) In a proceeding
				  brought pursuant to this Part, for individuals who are served with a notice
				  that a substantial question exists as to moral character on or after November
				  1, 2000, a hearing officer or hearing panel, as applicable, may recommend and
				  the commissioner may impose the penalty of the denial of an application for
				  certification; and the hearing officer or hearing panel, as applicable, may
				  recommend and the commissioner may impose one of the following alternative
				  penalties upon certified individuals:
(1)
				  revocation of a certificate; or
(2)
				  suspension of a certificate:
(i) wholly for a
				  fixed period of time;
(ii)
				  partially, until the certificate holder successfully completes a course of
				  retraining in the area to which the suspension applies; or
(iii) wholly, until the certificate holder
				  successfully completes a course of therapy or treatment;
(3) limitation of the scope of a teaching
				  certificate through revocation of an extension to teach additional subjects or
				  grades;
(4) a fine not to exceed
				  $5,000; or
(5) a requirement that
				  the certified individual pursue a course of continuing education or
				  training.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 84 - Access To School Employee Personnel Records › Section 84.1 - Right of access by school board members

Current through Register Vol. 46, No. 28, July 10, 2024
A board of education shall have right of access to
					 personnel records of employees of the district, subject to the procedures
					 hereinafter set forth.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter C - Teacher › Part 84 - Access To School Employee Personnel Records › Section 84.2 - Procedures to obtain access

Current through Register Vol. 46, No. 28, July 10, 2024
Examination of school employee personnel records by the
					 board of education shall be conducted only at executive sessions of the board.
					 Any board member may request the chief school officer to bring the personnel
					 records of a designated employee or employees to an open meeting of the board.
					 The board shall then determine whether to conduct an executive session for the
					 purpose of examining such records. The chief school officer shall present such
					 records to the board at the executive session. Such records shall, in their
					 entirety, be returned to the custody of the chief school officer at the
					 conclusion of the executive session of the board.