§ 3020 — Discipline of teachers

New York § 3020

• Jurisdiction: New York
• Law EDN: Education
• Title 4: Teachers and Pupils
• Art. 61: Teachers and Supervisory and Administrative Staff

Text

§ 3020. Discipline of teachers. 1. No person enjoying the benefits of\ntenure shall be disciplined or removed during a term of employment\nexcept for just cause and in accordance with the procedures specified in\nsection three thousand twenty-a of this article or in accordance with\nalternate disciplinary procedures contained in a collective bargaining\nagreement covering such person's terms and conditions of employment that\nwas effective on or before September first, nineteen hundred ninety-four\nand has been unaltered by renegotiation, or in accordance with\nalternative disciplinary procedures contained in a collective bargaining\nagreement covering such person's terms and conditions of employment that\nbecomes effective on or after September first, nineteen hundred\nninety-four; provided, however, that any such alternate disciplinary\nprocedures contained in a collective bargaining agreement that becomes\neffective on or after September first, nineteen hundred ninety-four,\nmust provide for the written election by the employee of either the\nprocedures specified in such section three thousand twenty-a or the\nalternative disciplinary procedures contained in the collective\nbargaining agreement and must result in a disposition of the\ndisciplinary charge within the amount of time allowed therefor under\nsuch section three thousand twenty-a.\n 2. No person enjoying the benefits of tenure shall be suspended for a\nfixed time without pay or dismissed due to a violation of article\nthirteen-E of the public health law.\n 3. Notwithstanding any inconsistent provision of law, the procedures\nset forth in section three thousand twenty-a of this article and\nsubdivision seven of section twenty-five hundred ninety-j of this\nchapter may be modified or replaced by agreements negotiated between the\ncity school district of the city of New York and any employee\norganization representing employees or titles that are or were covered\nby any memorandum of agreement executed by such city school district and\nthe council of supervisors and administrators of the city of New York on\nor after December first, nineteen hundred ninety-nine. Where such\nprocedures are so modified or replaced: (i) compliance with such\nmodification or replacement procedures shall satisfy any provision in\nthis chapter that requires compliance with section three thousand\ntwenty-a of this article, (ii) any employee against whom charges have\nbeen preferred prior to the effective date of such modification or\nreplacement shall continue to be subject to the provisions of such\nsection as in effect on the date such charges were preferred, (iii) the\nprovisions of subdivisions one and two of this section shall not apply\nto agreements negotiated pursuant to this subdivision, and (iv) in\naccordance with paragraph (e) of subdivision one of section two hundred\nnine-a of the civil service law, such modification or replacement\nprocedures contained in an agreement negotiated pursuant to this\nsubdivision shall continue as terms of such agreement after its\nexpiration until a new agreement is negotiated. Notwithstanding any\ninconsistent provision of law, the commissioner shall review any appeals\nauthorized by such modification or replacement procedures within fifteen\ndays from receipt by such commissioner of the record of prior\nproceedings in the matter subject to appeal. Such review shall have\npreference over all other appeals or proceedings pending before such\ncommissioner.\n 4. a. Notwithstanding any inconsistent provision of law, the\nprocedures set forth in section three thousand twenty-a of this article\nand subdivision seven of section twenty-five hundred ninety-j of this\nchapter may be modified by agreements negotiated between the city school\ndistrict of the city of New York and any employee organization\nrepresenting employees or titles that are or were covered by any\nmemorandum of agreement executed by such city school district and the\nunited federation of teachers on or after June tenth, two thousand two.\nWhere such procedures are so modified: (i) compliance with such modified\nprocedures shall satisfy any provision of this chapter that requires\ncompliance with section three thousand twenty-a of this article; (ii)\nany employee against whom charges have been preferred prior to the\neffective date of such modification shall continue to be subject to the\nprovisions of such section as in effect on the date such charges were\npreferred; (iii) the provisions of subdivisions one and two of this\nsection shall not apply to agreements negotiated pursuant to this\nsubdivision, except that no person enjoying the benefits of tenure shall\nbe disciplined or removed during a term of employment except for just\ncause; and (iv) in accordance with paragraph (e) of subdivision one of\nsection two hundred nine-a of the civil service law, such modified\nprocedures contained in an agreement negotiated pursuant to this\nsubdivision shall continue as terms of such agreement after its\nexpiration until a new agreement is negotiated.\n b. Any modifications to the procedures set forth in section three\nthousand twenty-a of this article and subdivision seven of section\ntwenty-five hundred ninety-j of this chapter shall not change the manner\nin which the fees and expenses of such proceedings pursuant to the\naforesaid sections are paid.\n