N.Y. Educ. Law § 3020

§ 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 his or her 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 his or her 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; and provided further that any\nalternate disciplinary procedures contained in a collective bargaining\nagreement that becomes effective on or after July first, two thousand\nten shall provide for an expedited hearing process before a single\nhearing officer in accordance with subparagraph (i-a) of paragraph c of\nsubdivision three of section three thousand twenty-a of this article in\ncases in which charges of incompetence are brought based solely upon an\nallegation of a pattern of ineffective teaching or performance as\ndefined in section three thousand twelve-c of this article and shall\nprovide that such a pattern of ineffective teaching or performance shall\nconstitute very significant evidence of incompetence which may form the\nbasis for just cause removal.\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, (ii) any employee against whom charges have been preferred\nprior to the effective date of such modification or replacement shall\ncontinue to be subject to the provisions of such section as in effect on\nthe date such charges were preferred, (iii) the provisions of\nsubdivisions one and two of this section shall not apply to agreements\nnegotiated pursuant to this subdivision, and (iv) in accordance with\nparagraph (e) of subdivision one of section two hundred nine-a of the\ncivil service law, such modification or replacement procedures contained\nin an agreement negotiated pursuant to this subdivision shall continue\nas terms of such agreement after its expiration until a new agreement is\nnegotiated; provided that any alternate disciplinary procedures\ncontained in a collective bargaining agreement that becomes effective on\nor after July first, two thousand ten shall provide for an expedited\nhearing process before a single hearing officer in accordance with\nsubparagraph (i-a) of paragraph c of subdivision three of section three\nthousand twenty-a of this article in cases in which charges of\nincompetence are brought against a building principal based solely upon\nan allegation of a pattern of ineffective teaching or performance as\ndefined in section three thousand twelve-c of this article and shall\nprovide that such a pattern of ineffective teaching or performance shall\nconstitute very significant evidence of incompetence which may form the\nbasis for just cause removal of the building principal and provided\nfurther that any alternate disciplinary procedures contained in a\ncollective bargaining agreement that becomes effective on or after July\nfirst, two thousand fifteen shall provide that all hearings pursuant to\nsections three thousand twenty-a or three thousand twenty-b of this\narticle shall be conducted before a single hearing officer and that two\nconsecutive ineffective ratings pursuant to annual professional\nperformance reviews conducted in accordance with the provisions of\nsection three thousand twelve-c or three thousand twelve-d of this\narticle shall constitute prima facie evidence of incompetence that can\nonly be overcome by clear and convincing evidence that the employee is\nnot incompetent in light of all surrounding circumstances, and if not\nsuccessfully overcome, the finding, absent extraordinary circumstances,\nshall be just cause for removal, and that three consecutive ineffective\nratings pursuant to annual professional performance reviews conducted in\naccordance with the provisions of section three thousand twelve-c or\nthree thousand twelve-d of this article shall constitute prima facie\nevidence of incompetence that can only be overcome by clear and\nconvincing evidence that the calculation of one or more of the\nprincipal's underlying components on the annual professional performance\nreviews pursuant to section three thousand twelve-c or three thousand\ntwelve-d of this article was fraudulent, and if not successfully\novercome, the finding, absent extraordinary circumstances, shall be just\ncause for removal. For purposes of this subdivision, fraud shall include\nmistaken identity. Notwithstanding any inconsistent provision of law,\nthe commissioner shall review any appeals authorized by such\nmodification or replacement procedures within fifteen days from receipt\nby such commissioner of the record of prior proceedings in the matter\nsubject to appeal. Such review shall have preference over all other\nappeals or proceedings pending before such commissioner.\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; and provided further\nthat any alternate disciplinary procedures contained in a collective\nbargaining agreement that becomes effective on or after July first, two\nthousand ten shall provide for an expedited hearing process before a\nsingle hearing officer in accordance with subparagraph (i-a) of\nparagraph c of subdivision three of section three thousand twenty-a of\nthis article in cases in which charges of incompetence are brought based\nsolely upon an allegation of a pattern of ineffective teaching or\nperformance as defined in section three thousand twelve-c of this\narticle and shall provide that such a pattern of ineffective teaching or\nperformance shall constitute very significant evidence of incompetence\nwhich may form the basis for just cause removal, and provided further\nthat any alternate disciplinary procedures contained in a collective\nbargaining agreement that becomes effective on or after July first, two\nthousand fifteen shall provide that all hearings pursuant to sections\nthree thousand twenty-a or three thousand twenty-b of this article shall\nbe conducted before a single hearing officer and that two consecutive\nineffective ratings pursuant to annual professional performance reviews\nconducted in accordance with the provisions of section three thousand\ntwelve-c or three thousand twelve-d of this article shall constitute\nprima facie evidence of incompetence that can only be overcome by clear\nand convincing evidence that the employee is not incompetent in light of\nall surrounding circumstances, and if not successfully overcome, the\nfinding, absent extraordinary circumstances, shall be just cause for\nremoval, and that three consecutive ineffective ratings pursuant to\nannual professional performance reviews conducted in accordance with the\nprovisions of section three thousand twelve-c or three thousand twelve-d\nof this article shall constitute prima facie evidence of incompetence\nthat can only be overcome by clear and convincing evidence that the\ncalculation of one or more of the teacher's underlying components on the\nannual professional performance reviews pursuant to section three\nthousand twelve-c or three thousand twelve-d of this article was\nfraudulent, and if not successfully overcome, the finding, absent\nextraordinary circumstances, shall be just cause for removal. For\npurposes of this paragraph, fraud shall include mistaken identity.\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