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 Jul. 20, 2024).

3001
Qualifications of teachers
3001‑A
Temporary teaching permit, person not a citizen
3001‑B
First aid instruction mandatory for coaches of extra-class public school athletic activities
3001‑C
First aid instruction mandatory for coaches of high school extra-class nonpublic school athletic activities
3001‑D
Criminal history record checks and conditional appointments
3002
Oath to support federal and state constitutions
3003
Qualifications of superintendents
3004
Regulations governing certification of teachers
3004‑A
National board for professional teaching standards certification grant program
3004‑B
Special procedures for certification
3004‑C
Denial of application for certification
3005
Leave of absence to teachers for teaching in foreign countries, other states and territories and other school districts
3005‑A
Leave of absence for teaching purposes
3005‑B
Leave of absence for personal illness
3006
Commissioner of education to issue certificates
3006‑A
Registration and continuing teacher and leader education requirements for holders of professional certificates in the classroom teaching ...
3007
Endorsement of foreign certificates and diplomas
3008
Certification of teachers by local authorities
3009
Unqualified teachers shall not be paid from school moneys
3010
Penalty for payment of unqualified teacher
3011
Contract with teacher
3012
Tenure: certain school districts
3012‑A
Elementary tenure area
3012‑C
Annual professional performance review of classroom teachers and building principals
3012‑D
Annual teacher and principal evaluations
3012‑E
Teacher and principal performance review plans
3013
Abolition of office or position
3014
Tenure: boards of cooperative educational services
3014‑A
Teachers’ rights as a result of a board or boards of cooperative educational services taking over a program formerly operated by a school...
3014‑B
Teachers’ rights as a result of a school district taking over a program formerly operated by a board of cooperative educational services
3014‑C
Teachers’ rights as a result of a school district taking back tuition students
3014‑D
Teachers’ rights as a result of a school district sending students to another district on a tuition basis pursuant to section two thousan...
3015
Teacher’s salary when payable
3016
Contract when teacher is related to trustee or member of board of education
3017
Individual liability of trustees
3018
Revocation of certificate by district superintendent
3019
Penalty for teacher’s failure to complete contract
3019‑A
Notice of termination of service by teachers
3020
Discipline of teachers
3020‑A
Disciplinary procedures and penalties
3020‑B
Streamlined removal procedures for teachers rated ineffective
3021
Removal of superintendents, teachers and employees for treasonable or seditious acts or utterances
3021‑A
Notification of accusatory instrument alleging a sex offense
3022
Elimination of subversive persons from the public school system
3023
Liability of a board of education, trustee, trustees or board of cooperative educational services
3024
Teachers responsible for record books
3025
Verification of school register
3026
Discriminations based on sex prohibited
3027
Discrimination based on age prohibited
3028
Liability of school district for cost and attorney’s fees of action against, or prosecutions of, teachers, members of supervisory and adm...
3028‑A
Students under twenty-one years of age suspected of alcohol abuse or narcotic addiction
3028‑B
Notification of teachers’ duty to provide information and immunity from liability
3028‑C
Protection of school employees who report acts of violence and weapons possession
3028‑D
Protection of school employees who report information regarding illegal or inappropriate financial practices
3029
Hours of continuous duty for full time teachers
3029‑A
Silent meditation in public schools
3030
Interstate agreement on qualifications of educational personnel
3031
Procedure when tenure not to be granted at conclusion of probationary period or when services to be discontinued
3032
Teacher summer business training and employment program
3033
New York state mentor teacher-internship program
3034
Teacher career recruitment clearinghouse
3035
Duties of commissioner
3036
Coursework for reporting child abuse and maltreatment for those with coaching licenses or coaching certificates
3037
Grants for hiring teachers
3038
The superintendent of each school district, in consultation with the district superintendent of a board of cooperative educational servic...

Accessed:
Jul. 20, 2024

Last modified:
Jul. 5, 2024

§ 3020’s source at nysenate​.gov

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