N.Y. Education Law § 3020: Discipline of teachers

§ 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

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 section three thousand twenty-a of this article and

subdivision seven of 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 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 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 section three thousand twenty-a of this article

and subdivision seven of 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 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

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 section three

thousand twenty-a of this article and subdivision seven of 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.