§ 3022 — Elimination of subversive persons from the public school system

§ 3022. Elimination of subversive persons from the public school\nsystem. 1. The board of regents shall adopt, promulgate, and enforce\nrules and regulations for the disqualification or removal of\nsuperintendents of schools, teachers or employees in the public schools\nin any city or school district of the state and the faculty members and\nall other personnel and employees of any college or other institution of\nhigher education owned and operated by the state or any subdivision\nthereof who violate the provisions of section three thousand twenty-one\nof this article or who are ineligible for appointment to or retention in\nany office or position in such public schools or such institutions of\nhigher education on any of the grounds set forth in section twelve-a of\nthe civil service law and shall provide therein appropriate methods and\nprocedure for the enforcement of such sections of this article and the\ncivil service law.\n 2. The board of regents shall, after inquiry, and after such notice\nand hearing as may be appropriate, make a listing of organizations which\nit finds to be subversive in that they advocate, advise, teach or\nembrace the doctrine that the government of the United States or of any\nstate or of any political subdivision thereof shall be overthrown or\noverturned by force, violence or any unlawful means, or that they\nadvocate, advise, teach or embrace the duty, necessity or propriety of\nadopting any such doctrine, as set forth in section twelve-a of the\ncivil service law. Such listings may be amended and revised from time to\ntime. The board, in making such inquiry, may utilize any similar\nlistings or designations promulgated by any federal agency or authority\nauthorized by federal law, regulation or executive order, and for the\npurposes of such inquiry, the board may request and receive from such\nfederal agencies or authorities any supporting material or evidence that\nmay be made available to it. The board of regents shall provide in the\nrules and regulations required by subdivision one hereof that membership\nin any such organization included in such listing made by it shall\nconstitute prima facie evidence of disqualification for appointment to\nor retention in any office or position in the public schools of the\nstate.\n 3. The board of regents shall annually, on or before the fifteenth day\nof February, by separate report, render to the legislature, a full\nstatement of measures taken by it for the enforcement of such provisions\nof law and to require compliance therewith. Such reports shall contain a\ndescription of surveys made by the board of regents, from time to time,\nas may be appropriate, to ascertain the extent to which such provisions\nof law have been enforced in the city and school districts of the state.\n