N.Y.
Education Law Section 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 § 3020-A (Disciplinary procedures and penalties)section three thousand twenty-a of this article or in accordance with alternate disciplinary procedures contained in a collective bargaining agreement covering such person’s 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 such person’s 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.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 § 3020-A (Disciplinary procedures and penalties)section three thousand twenty-a of this article and subdivision seven of § 2590-J (Appointment and removal of persons in the teaching and supervisory service)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 § 3020-A (Disciplinary procedures and penalties)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 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 Civil Service Law § 209-A (Improper employer practices)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. 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 § 3020-A (Disciplinary procedures and penalties)section three thousand twenty-a of this article and subdivision seven of § 2590-J (Appointment and removal of persons in the teaching and supervisory service)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 § 3020-A (Disciplinary procedures and penalties)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 Civil Service Law § 209-A (Improper employer practices)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.b.
Any modifications to the procedures set forth in § 3020-A (Disciplinary procedures and penalties)section three thousand twenty-a of this article and subdivision seven of § 2590-J (Appointment and removal of persons in the teaching and supervisory service)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.
Source:
Section 3020 — Discipline of teachers, https://www.nysenate.gov/legislation/laws/EDN/3020 (updated Jul. 5, 2024; accessed Oct. 26, 2024).
