N.Y. Education Law § 3022: Elimination of subversive persons from the public school system

§ 3022. Elimination of subversive persons from the public school

system. 1. The board of regents shall adopt, promulgate, and enforce

rules and regulations for the disqualification or removal of

superintendents of schools, teachers or employees in the public schools

in any city or school district of the state and the faculty members and

all other personnel and employees of any college or other institution of

higher education owned and operated by the state or any subdivision

thereof who violate the provisions of section three thousand twenty-one

of this article or who are ineligible for appointment to or retention in

any office or position in such public schools or such institutions of

higher education on any of the grounds set forth in section twelve-a of

the civil service law and shall provide therein appropriate methods and

procedure for the enforcement of such sections of this article and the

civil service law.

2. The board of regents shall, after inquiry, and after such notice

and hearing as may be appropriate, make a listing of organizations which

it finds to be subversive in that they advocate, advise, teach or

embrace the doctrine that the government of the United States or of any

state or of any political subdivision thereof shall be overthrown or

overturned by force, violence or any unlawful means, or that they

advocate, advise, teach or embrace the duty, necessity or propriety of

adopting any such doctrine, as set forth in section twelve-a of the

civil service law. Such listings may be amended and revised from time to

time. The board, in making such inquiry, may utilize any similar

listings or designations promulgated by any federal agency or authority

authorized by federal law, regulation or executive order, and for the

purposes of such inquiry, the board may request and receive from such

federal agencies or authorities any supporting material or evidence that

may be made available to it. The board of regents shall provide in the

rules and regulations required by subdivision one hereof that membership

in any such organization included in such listing made by it shall

constitute prima facie evidence of disqualification for appointment to

or retention in any office or position in the public schools of the

state.

3. The board of regents shall annually, on or before the fifteenth day

of February, by separate report, render to the legislature, a full

statement of measures taken by it for the enforcement of such provisions

of law and to require compliance therewith. Such reports shall contain a

description of surveys made by the board of regents, from time to time,

as may be appropriate, to ascertain the extent to which such provisions

of law have been enforced in the city and school districts of the state.