Bill Text: NY A10446 | 2011-2012 | General Assembly | Introduced
Bill Title: Enacts comprehensive mandate relief for school districts; provides for retention of quality teachers, discipline of tenured teachers; health care premium contributions by employees; review of special education requirements; and shared purchasing.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2012-05-29 - referred to education [A10446 Detail]
Download: New_York-2011-A10446-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
10446
I N A S S E M B L Y
May 29, 2012
___________
Introduced by M. of A. KOLB -- read once and referred to the Committee
on Education
AN ACT to amend the education law, in relation to retaining quality
teachers (Part A); to amend the education law, in relation to tenured
teacher discipline (Part B); to amend the education law, in relation
to health care premium contributions for school district employees
(Part C); establishing a special advisory committee to review laws and
regulations relating to special education (Part D); and to amend the
general municipal law, in relation to shared purchasing among poli-
tical subdivisions (Part E)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act enacts into law major components of legislation
2 which are necessary to enact the New York State Mandate Relief for
3 School Districts Act. Each component is wholly contained within a Part
4 identified as Parts A through E. The effective date for each particular
5 provision contained within such Part is set forth in the last section of
6 such Part. Any provision in any section contained within a Part, includ-
7 ing the effective date of the Part, which makes reference to a section
8 "of this act", when used in connection with that particular component,
9 shall be deemed to mean and refer to the corresponding section of the
10 Part in which it is found. Section four of this act sets forth the
11 general effective date of this act.
12 S 2. This act shall be known and may be cited as the "New York State
13 Mandate Relief for School Districts Act".
14 PART A
15 Section 1. Section 1604 of the education law is amended by adding a
16 new subdivision 8-a to read as follows:
17 8-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN-
18 EVER A BOARD OF EDUCATION ABOLISHES OR REDUCES A POSITION OR POSITIONS
19 UNDER THIS CHAPTER, THE SUPERINTENDENT FOR THE SCHOOL DISTRICT SHALL
20 RECOMMEND WHICH TEACHER OR TEACHERS SHOULD BE RETAINED. SUCH RECOMMENDA-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15980-02-2
A. 10446 2
1 TIONS SHALL BE BASED ON AN EVALUATION OF THE TEACHER'S PERFORMANCE AND
2 QUALIFICATIONS AND THE EDUCATIONAL NEEDS OF THE SCHOOL, INCLUDING BUT
3 NOT LIMITED TO:
4 (I) ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED PURSUANT TO
5 SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER;
6 (II) THE SCHOOL NEEDS FOR PARTICULAR LICENSE AREAS, OFFICE OR SCHOOL
7 NEEDS, INCLUDING CURRICULUM, SPECIALIZED EDUCATION, DEGREES, LICENSES OR
8 AREAS OF EXPERTISE;
9 (III) FAILURE TO OBTAIN PERMANENT CERTIFICATION WITHIN THE STATUTORILY
10 PRESCRIBED TIME LIMITS;
11 (IV) THE LENGTH OF SERVICE; PROVIDED, THAT THE TEACHER'S SALARY SHALL
12 NOT BE CONSIDERED IN MAKING A LAYOFF RECOMMENDATION.
13 THE BOARD OF EDUCATION SHALL EXERCISE ITS DISCRETION AND SHALL APPROVE
14 OR REJECT THE RECOMMENDATIONS OF THE SUPERINTENDENT SO AS TO MINIMIZE
15 THE ADVERSE IMPACT ON STUDENTS AND THE EDUCATIONAL STRENGTH OF THE
16 SCHOOL DISTRICT.
17 S 2. Section 1709 of the education law is amended by adding a new
18 subdivision 16-a to read as follows:
19 16-A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
20 WHENEVER A BOARD OF EDUCATION ABOLISHES OR REDUCES A POSITION OR POSI-
21 TIONS UNDER THIS CHAPTER, THE SUPERINTENDENT FOR THE SCHOOL DISTRICT
22 SHALL RECOMMEND WHICH TEACHER OR TEACHERS SHOULD BE RETAINED. SUCH
23 RECOMMENDATIONS SHALL BE BASED ON AN EVALUATION OF THE TEACHER'S
24 PERFORMANCE AND QUALIFICATIONS AND THE EDUCATIONAL NEEDS OF THE SCHOOL,
25 INCLUDING BUT NOT LIMITED TO:
26 (I) ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED PURSUANT TO
27 SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER;
28 (II) THE SCHOOL NEEDS FOR PARTICULAR LICENSE AREAS, OFFICE OR SCHOOL
29 NEEDS, INCLUDING CURRICULUM, SPECIALIZED EDUCATION, DEGREES, LICENSES OR
30 AREAS OF EXPERTISE;
31 (III) FAILURE TO OBTAIN PERMANENT CERTIFICATION WITHIN THE STATUTORILY
32 PRESCRIBED TIME LIMITS;
33 (IV) THE LENGTH OF SERVICE; PROVIDED, THAT THE TEACHER'S SALARY SHALL
34 NOT BE CONSIDERED IN MAKING A LAY OFF RECOMMENDATION.
35 THE BOARD OF EDUCATION SHALL EXERCISE ITS DISCRETION AND SHALL APPROVE
36 OR REJECT THE RECOMMENDATIONS OF THE SUPERINTENDENT SO AS TO MINIMIZE
37 THE ADVERSE IMPACT ON STUDENTS AND THE EDUCATIONAL STRENGTH OF THE
38 SCHOOL DISTRICT.
39 S 3. Section 1804 of the education law is amended by adding a new
40 subdivision 13 to read as follows:
41 13. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN-
42 EVER A BOARD OF EDUCATION ABOLISHES OR REDUCES A POSITION OR POSITIONS
43 UNDER THIS CHAPTER, THE SUPERINTENDENT FOR THE SCHOOL DISTRICT SHALL
44 RECOMMEND WHICH TEACHER OR TEACHERS SHOULD BE RETAINED. SUCH RECOMMENDA-
45 TIONS SHALL BE BASED ON AN EVALUATION OF THE TEACHER'S PERFORMANCE AND
46 QUALIFICATIONS AND THE EDUCATIONAL NEEDS OF THE SCHOOL, INCLUDING BUT
47 NOT LIMITED TO:
48 (I) ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED PURSUANT TO
49 SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER;
50 (II) THE SCHOOL NEEDS FOR PARTICULAR LICENSE AREAS, OFFICE OR SCHOOL
51 NEEDS, INCLUDING CURRICULUM, SPECIALIZED EDUCATION, DEGREES, LICENSES OR
52 AREAS OF EXPERTISE;
53 (III) FAILURE TO OBTAIN PERMANENT CERTIFICATION WITHIN THE STATUTORILY
54 PRESCRIBED TIME LIMITS;
55 (IV) THE LENGTH OF SERVICE; PROVIDED, THAT THE TEACHER'S SALARY SHALL
56 NOT BE CONSIDERED IN MAKING A LAY OFF RECOMMENDATION.
A. 10446 3
1 THE BOARD OF EDUCATION SHALL EXERCISE ITS DISCRETION AND SHALL APPROVE
2 OR REJECT THE RECOMMENDATIONS OF THE SUPERINTENDENT SO AS TO MINIMIZE
3 THE ADVERSE IMPACT ON STUDENTS AND THE EDUCATIONAL STRENGTH OF THE
4 SCHOOL DISTRICT.
5 S 4. The opening paragraph of paragraph e of subdivision 4 of section
6 1950 of the education law is designated subparagraph 1 and a new subpar-
7 agraph 2 is added to read as follows:
8 (2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, WHEN-
9 EVER A BOARD OF COOPERATIVE EDUCATIONAL SERVICES ABOLISHES OR REDUCES A
10 POSITION OR POSITIONS UNDER THIS CHAPTER, THE DISTRICT SUPERINTENDENT
11 SHALL RECOMMEND WHICH TEACHER OR TEACHERS SHOULD BE RETAINED. SUCH
12 RECOMMENDATIONS SHALL BE BASED ON AN EVALUATION OF THE TEACHER'S
13 PERFORMANCE AND QUALIFICATIONS AND THE EDUCATIONAL NEEDS OF THE BOARD OF
14 COOPERATIVE EDUCATIONAL SERVICES, INCLUDING BUT NOT LIMITED TO:
15 (I) ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED PURSUANT TO
16 SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER;
17 (II) THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES NEEDS FOR PARTIC-
18 ULAR LICENSE AREAS, OFFICE OR SCHOOL NEEDS, INCLUDING CURRICULUM,
19 SPECIALIZED EDUCATION, DEGREES, LICENSES OR AREAS OF EXPERTISE;
20 (III) FAILURE TO OBTAIN PERMANENT CERTIFICATION WITHIN THE STATUTORILY
21 PRESCRIBED TIME LIMITS;
22 (IV) THE LENGTH OF SERVICE; PROVIDED, THAT THE TEACHER'S SALARY SHALL
23 NOT BE CONSIDERED IN MAKING A LAY OFF RECOMMENDATION.
24 THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL EXERCISE ITS
25 DISCRETION AND SHALL APPROVE OR REJECT THE RECOMMENDATIONS OF THE SUPER-
26 INTENDENT SO AS TO MINIMIZE THE ADVERSE IMPACT ON STUDENTS AND THE
27 EDUCATIONAL STRENGTH OF THE SCHOOL DISTRICT.
28 S 5. Subdivision 2 of section 1505-a of the education law, as added by
29 chapter 871 of the laws of 1982, is amended to read as follows:
30 2. [Any] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,
31 ANY such teacher who is unable to obtain a teaching position in any such
32 school district to which territory is added, because the number of posi-
33 tions needed are less than the number of teachers eligible to be consid-
34 ered employees pursuant to subdivision one of this section, shall, in
35 all such school districts to which territory is added, be placed on a
36 preferred eligible list of candidates for appointment to a vacancy that
37 may thereafter occur in a position similar to the one such teacher
38 filled in such former school district. The teachers on such a preferred
39 eligible list shall be appointed to such vacancies in such corresponding
40 or similar positions under the jurisdiction of the school district to
41 which territory is added [in the order of their length of service in
42 such former school district] PURSUANT TO SUBDIVISION EIGHT-A OF SECTION
43 SIXTEEN HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED
44 NINE AND SUBDIVISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR OF THIS
45 CHAPTER, within seven years from the date of the dissolution of such
46 former school district.
47 S 6. Section 1917 of the education law, as added by chapter 732 of the
48 laws of 1981, is amended to read as follows:
49 S 1917. Employees; employment rights. [Teachers] NOTWITHSTANDING ANY
50 OTHER PROVISION OF LAW TO THE CONTRARY, TEACHERS and other staff members
51 of component districts, except the superintendent of schools, whose
52 services in the component districts are no longer needed because of
53 creation of a central high school district, shall be granted employment
54 rights in central high school districts in accordance with [length of
55 service] SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVI-
56 SION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIR-
A. 10446 4
1 TEEN OF SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER, in each tenure
2 area.
3 S 7. Subdivisions 1 and 4 of section 1917-a of the education law, as
4 added by section 93 of part L of chapter 405 of the laws of 1999, are
5 amended to read as follows:
6 1. [Teachers] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
7 CONTRARY, TEACHERS and other staff members of component districts,
8 except the superintendent of schools, whose services in the component
9 districts are no longer needed because of the creation of a central high
10 school district or the transference of students to an existing central
11 high school district, shall be granted employment rights in central high
12 school districts in accordance with the provisions of this section.
13 4. If the number of teaching and other positions needed to provide the
14 educational services required by such central high school district is
15 less than the number of teachers and other employees eligible to be
16 considered employees of such central high school district as provided by
17 subdivision three of this section, [the services of the] DECISIONS
18 REGARDING RETENTION OF teachers and other employees [having the least
19 seniority] in the component district within the tenure area of the posi-
20 tion shall be [discontinued] MADE PURSUANT TO SUBDIVISION EIGHT-A OF
21 SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN
22 HUNDRED NINE AND SUBDIVISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR
23 OF THIS CHAPTER. Such teachers and other employees shall be placed on a
24 preferred eligible list of candidates for appointment to a vacancy that
25 may thereafter occur in an office or position under the jurisdiction of
26 the component district, the "receiving district" as defined in section
27 three thousand fourteen-c of this chapter, from which a component
28 district has taken back students, and the central high school district
29 similar to the one such teacher or other employee filled in such compo-
30 nent district. The teachers and other employees on such preferred lists
31 shall be reinstated or appointed to such vacancies in such corresponding
32 or similar positions under the jurisdiction of the component district or
33 the central high school district [in the order of their length of
34 service in such component district,] within seven years from the date of
35 the abolition of such office or position PURSUANT TO THE CRITERIA
36 OUTLINED IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDI-
37 VISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIR-
38 TEEN OF SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER.
39 S 8. Paragraph f of subdivision 5 of section 2218 of the education
40 law, as added by section 83 of part L of chapter 405 of the laws of
41 1999, is amended to read as follows:
42 f. [Members] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
43 RY, MEMBERS of the teaching and supervisory staff of the pre-existing
44 school district at the time of the reorganization shall have the right
45 to select the school district in which he or she shall be considered an
46 employee, with the same tenure status he or she maintained in the pre-
47 existing school district. Such selection shall be based on each teach-
48 er's seniority in the pre-existing school district, with the right of
49 selection passing from such teachers with the most seniority to such
50 teachers with the least seniority. Any such teacher who is unable to
51 obtain a teaching position in the new school district because the number
52 of positions needed is less than the number of teachers eligible to be
53 considered employees pursuant to this paragraph shall, in such new
54 school district and in the remaining school district, be placed on a
55 preferred eligible list of candidates for appointment to a vacancy that
56 may thereafter occur in a position similar to the one such teacher
A. 10446 5
1 filled in the pre-existing school district. Such teachers shall be
2 appointed to vacancies in such corresponding or similar positions [in
3 the order of their length of service in the pre-existing school
4 district] PURSUANT TO SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED
5 FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDI-
6 VISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER, within
7 seven years from the date of the reorganization pursuant to this
8 section. For such teachers, for salary, sick leave or any other purpose,
9 the length of service credited in the pre-existing school district shall
10 be credited as employment time with the new school district or the
11 remaining school district, as applicable.
12 S 9. Subdivision 2 and paragraph (a) of subdivision 3 of section 2510
13 of the education law, subdivision 2 as added by chapter 762 of the laws
14 of 1950 and paragraph (a) of subdivision 3 as amended by chapter 236 of
15 the laws of 1993, are amended to read as follows:
16 2. [Whenever] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
17 CONTRARY, WHENEVER a board of education abolishes a position under this
18 chapter, [the services of the teacher having the least seniority in the
19 system within the tenure of the position abolished] DECISIONS REGARDING
20 RETENTION shall be [discontinued] MADE PURSUANT TO CRITERIA OUTLINED IN
21 SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION
22 SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF
23 SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER.
24 (a) If an office or position is abolished or if it is consolidated
25 with another position without creating a new position, the person fill-
26 ing such position at the time of its abolishment or consolidation shall
27 be placed upon a preferred eligible list of candidates for appointment
28 to a vacancy that then exists or that may thereafter occur in an office
29 or position similar to the one which such person filled without
30 reduction in salary or increment, provided the record of such person has
31 been one of faithful, competent service in the office or position he has
32 filled. The persons on such preferred list shall be reinstated or
33 appointed to such vacancies in such corresponding or similar positions
34 [in the order of their length of service in the system at any time]
35 within seven years from the date of abolition or consolidation of such
36 office or position PURSUANT TO THE CRITERIA OUTLINED IN SUBDIVISION
37 EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF
38 SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF SECTION EIGH-
39 TEEN HUNDRED FOUR OF THIS CHAPTER. Notwithstanding any other provision
40 of law to the contrary, in the event that a member of the New York state
41 teachers' retirement system, who is receiving a disability retirement
42 allowance, shall have such disability retirement allowance rescinded,
43 such member shall be placed upon such preferred eligible list as of the
44 effective date of his or her disability retirement.
45 S 10. Subdivisions 3 and 4 of section 2585 of the education law,
46 subdivision 4 as renumbered by chapter 521 of the laws of 1976 and such
47 section as renumbered by chapter 762 of the laws of 1950, are amended to
48 read as follows:
49 3. [Whenever] NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY,
50 WHENEVER a board of education abolishes a position under this chapter,
51 [the services of the teacher having the least seniority in the system]
52 DECISIONS REGARDING RETENTION within the tenure of the position abol-
53 ished shall be [discontinued] MADE PURSUANT TO CRITERIA OUTLINED IN
54 SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION
55 SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF
56 SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER.
A. 10446 6
1 4. If an office or position is abolished or if it is consolidated with
2 another position without creating a new position, the person filling
3 such position at the time of its abolishment or consolidation shall be
4 placed upon a preferred eligible list of candidates for appointment to a
5 vacancy that then exists or that may thereafter occur in an office or
6 position similar to the one which such person filled without reduction
7 in salary or increment, provided the record of such person has been one
8 of faithful, competent service in the office or position he OR SHE has
9 filled. The persons on such preferred list shall be reinstated or
10 appointed to such corresponding or similar positions [in the order of
11 their length of service in the system] PURSUANT TO THE CRITERIA OUTLINED
12 IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION
13 SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF
14 SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER.
15 S 11. Subdivision 2 and paragraph (a) of subdivision 3 of section 3013
16 of the education law, as added by chapter 737 of the laws of 1992, is
17 amended to read as follows:
18 2. [Whenever] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE
19 CONTRARY, WHENEVER a trustee, board of trustee, board of education or
20 board of cooperative educational services abolishes a position under
21 this chapter, [the services of the teacher having the least seniority in
22 the system within the tenure of the position abolished] DECISIONS
23 REGARDING RETENTION OF TEACHERS shall be [discontinued] MADE PURSUANT TO
24 CRITERIA OUTLINED IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED
25 FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE, SUBDIVI-
26 SION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR AND SUBPARAGRAPH TWO OF
27 PARAGRAPH E OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF
28 THIS CHAPTER.
29 (a) If an office or position is abolished or if it is consolidated
30 with another position without creating a new position, the person fill-
31 ing such position at the time of its abolishment or consolidation shall
32 be placed upon a preferred eligible list of candidates for appointment
33 to a vacancy that then exists or that may thereafter occur in an office
34 or position similar to the one which such person filled without
35 reduction in salary or increment, provided the record of such person has
36 been one of faithful, competent service in the office or position he or
37 she has filled. The persons on such preferred list shall be reinstated
38 or appointed to such vacancies in such corresponding or similar posi-
39 tions [in the order of their length of service in the system] PURSUANT
40 TO THE CRITERIA OUTLINED IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN
41 HUNDRED FOUR, SUBDIVISION EIGHT-A OF SECTION SEVENTEEN HUNDRED NINE AND
42 SUBDIVISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER,
43 at any time within seven years from the date of abolition or consol-
44 idation of such office or position.
45 S 12. Subdivision 2 of section 3014-a of the education law, as amended
46 by chapter 511 of the laws of 1998, is amended to read as follows:
47 2. [If] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF
48 the number of teaching positions needed to provide the services required
49 by such program by the board or boards of cooperative educational
50 services is less than the number of teachers, teaching assistants and
51 teacher aides eligible to be considered employees of such board or
52 boards of cooperative educational services as provided by subdivision
53 one of this section, [the services of the teachers, teaching assistants
54 and teacher aides having the least seniority in the school district or
55 school districts or county vocational education and extension board
56 whose programs are taken over by the board or boards of cooperative
A. 10446 7
1 educational services within the tenure area or civil service title of
2 the position] DECISIONS REGARDING LAYOFFS AND RETENTION OF SUCH EMPLOY-
3 EES shall be [discontinued] MADE PURSUANT TO THE CRITERIA OUTLINED IN
4 SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION
5 SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE, SUBDIVISION THIRTEEN OF
6 SECTION EIGHTEEN HUNDRED FOUR AND SUBPARAGRAPH TWO OF PARAGRAPH E OF
7 SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF THIS CHAPTER. Such
8 teachers, teaching assistants and teacher aides shall be placed on a
9 preferred eligible list of candidates for appointment to a vacancy that
10 may thereafter occur in an office or position under the jurisdiction of
11 the board or boards of cooperative educational services similar to the
12 one such teacher, teaching assistant and teacher aide filled in such
13 school district or school districts or such county vocational education
14 and extension board. The teachers, teaching assistants and teacher aides
15 on such preferred list shall be reinstated or appointed to such vacan-
16 cies in such corresponding or similar positions under the jurisdiction
17 of the board or boards of cooperative educational services [in the order
18 of their length of service in such school district or school districts
19 or in such county vocational education and extension board] PURSUANT TO
20 THE CRITERIA OUTLINED IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED
21 FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE, SUBDIVI-
22 SION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR AND SUBPARAGRAPH TWO OF
23 PARAGRAPH E OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF
24 THIS CHAPTER, within seven years from the date of the abolition of such
25 office or position.
26 S 13. Subdivision 2 of section 3014-b of the education law, as amended
27 by chapter 511 of the laws of 1998, is amended to read as follows:
28 2. [If] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF
29 the number of teaching positions needed to provide the services required
30 by such program by the school district is less than the number of teach-
31 ers, teaching assistants and teacher aides eligible to be considered
32 employees of such school district as provided by subdivision one of this
33 section, [the services of the teachers, teaching assistants and teacher
34 aides having the least seniority in the board of cooperative educational
35 services whose programs are taken over by the school district within the
36 tenure area or civil service title of the position] DECISIONS REGARDING
37 RETENTION OF SUCH EMPLOYEES shall be [discontinued] MADE PURSUANT TO
38 CRITERIA OUTLINED IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED
39 FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE, SUBDIVI-
40 SION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR AND SUBPARAGRAPH TWO OF
41 PARAGRAPH E OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY OF
42 THIS CHAPTER. Such teachers, teaching assistants and teacher aides
43 shall be placed on a preferred eligible list of candidates for appoint-
44 ment to a vacancy that may thereafter occur in an office or position
45 under the jurisdiction of the school district similar to the one such
46 teacher, teaching assistant and teacher aide filled in such board of
47 cooperative educational services. The teachers, teaching assistants and
48 teacher aides on such preferred list shall be reinstated or appointed to
49 such vacancies in such corresponding or similar positions under the
50 jurisdiction of the school district [in the order of their length of
51 service in such board of cooperative educational services, within seven
52 years from the date of the abolition of such office or position] PURSU-
53 ANT TO THE CRITERIA OUTLINED IN SUBDIVISION EIGHT-A OF SECTION SIXTEEN
54 HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE,
55 SUBDIVISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR AND SUBPARAGRAPH
A. 10446 8
1 TWO OF PARAGRAPH E OF SUBDIVISION FOUR OF SECTION NINETEEN HUNDRED FIFTY
2 OF THIS CHAPTER.
3 S 14. Subdivision 3 of section 3014-c of the education law, as added
4 by chapter 706 of the laws of 1989, is amended to read as follows:
5 3. [If] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF
6 the number of teaching positions needed to provide the educational
7 services required by such sending district is less than the number of
8 teachers eligible to be considered employees of such sending district as
9 provided by subdivision two of this section, [the services of the teach-
10 ers having the least seniority in the receiving district whose students
11 are taken back by the sending district within the tenure area of the
12 position] DECISIONS REGARDING RETENTION OF TEACHERS shall be [discontin-
13 ued] MADE PURSUANT TO THE CRITERIA OUTLINED IN SUBDIVISION EIGHT-A OF
14 SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF SECTION SEVENTEEN
15 HUNDRED NINE AND SUBDIVISION THIRTEEN OF SECTION EIGHTEEN HUNDRED FOUR
16 OF THIS CHAPTER. Such teachers shall be placed on a preferred eligible
17 list of candidates for appointment to a vacancy that may thereafter
18 occur in an office or position under the jurisdiction of the sending
19 district and the receiving district similar to the one such teacher
20 filled in such receiving district. The teachers on such preferred list
21 shall be reinstated or appointed to such vacancies in such corresponding
22 or similar positions under the jurisdiction of the sending district or
23 the receiving district [in the order of their length of service in such
24 receiving district, within seven years from the date of the abolition of
25 such office or position] PURSUANT TO THE CRITERIA OUTLINED IN SUBDIVI-
26 SION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF
27 SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF SECTION EIGH-
28 TEEN HUNDRED FOUR OF THIS CHAPTER.
29 S 15. Subdivision 3 of section 3014-d of the education law, as added
30 by chapter 706 of the laws of 1989, is amended to read as follows:
31 3. [If] NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF
32 the number of teaching positions needed to provide the educational
33 services required by such receiving district is less than the number of
34 teachers eligible to be considered employees of such receiving district
35 as provided by subdivision two of this section, [the services of the
36 teachers having the least seniority in the sending district within the
37 tenure area of the position] DECISIONS REGARDING RETENTION shall be
38 [discontinued] MADE PURSUANT TO THE CRITERIA OUTLINED IN SUBDIVISION
39 EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION SIXTEEN-A OF
40 SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF SECTION EIGH-
41 TEEN HUNDRED FOUR OF THIS CHAPTER. Such teachers shall be placed on a
42 preferred eligible list of candidates for appointment to a vacancy that
43 may thereafter occur in an office or position under the jurisdiction of
44 the sending district and the receiving district similar to the one such
45 teacher filled in such sending district. The teachers on such preferred
46 list shall be reinstated or appointed to such vacancies in such corre-
47 sponding or similar positions under the jurisdiction of the sending
48 district or the receiving district [in the order of their length of
49 service in such sending district] PURSUANT TO THE CRITERIA OUTLINED IN
50 SUBDIVISION EIGHT-A OF SECTION SIXTEEN HUNDRED FOUR, SUBDIVISION
51 SIXTEEN-A OF SECTION SEVENTEEN HUNDRED NINE AND SUBDIVISION THIRTEEN OF
52 SECTION EIGHTEEN HUNDRED FOUR OF THIS CHAPTER, within seven years from
53 the date of the abolition of such office or position.
54 S 16. This act shall take effect on the first of July next succeeding
55 the date on which it shall have become a law.
A. 10446 9
1 PART B
2 Section 1. Paragraph b of subdivision 2 of section 3020-a of the
3 education law, as amended by section 1 of part B of chapter 57 of the
4 laws of 2012, is amended to read as follows:
5 b. The employee may be suspended pending a hearing on the charges and
6 the final determination thereof. The suspension shall be with pay FOR A
7 PERIOD OF ONE HUNDRED TWENTY DAYS, except the employee may be suspended
8 without pay IMMEDIATELY if the employee has entered a guilty plea to or
9 has been convicted of a felony crime concerning the criminal sale or
10 possession of a controlled substance, a precursor of a controlled
11 substance, or drug paraphernalia as defined in article two hundred twen-
12 ty or two hundred twenty-one of the penal law; or a felony crime involv-
13 ing the physical abuse of a minor or student. The employee shall be
14 terminated without a hearing, as provided for in this section, upon
15 conviction of a sex offense, as defined in subparagraph two of paragraph
16 b of subdivision seven-a of section three hundred five of this chapter.
17 To the extent this section applies to an employee acting as a school
18 administrator or supervisor, as defined in subparagraph three of para-
19 graph b of subdivision seven-b of section three hundred five of this
20 chapter, such employee shall be terminated without a hearing, as
21 provided for in this section, upon conviction of a felony offense
22 defined in subparagraph two of paragraph b of subdivision seven-b of
23 section three hundred five of this chapter.
24 S 2. Subdivisions 3, 4 and 5 of section 3020-a of the education law,
25 as amended by section 1 of part B of chapter 57 of the laws of 2012, are
26 amended to read as follows:
27 3. Hearings. a. Notice of hearing. Upon receipt of a request for a
28 hearing in accordance with subdivision two of this section, the commis-
29 sioner shall forthwith notify the American Arbitration Association
30 (hereinafter "association") of the need for a hearing and shall request
31 the association to provide to the commissioner forthwith a list of names
32 of persons [chosen by the association] from the association's panel of
33 labor arbitrators to potentially serve as hearing officers together with
34 relevant biographical information on each arbitrator. Upon receipt of
35 said list and biographical information, the commissioner shall [forth-
36 with send a copy of both simultaneously] WITHIN TEN BUSINESS DAYS
37 APPOINT A HEARING OFFICER FROM SAID LIST OF NAMES PROVIDED BY THE ASSO-
38 CIATION. UPON APPOINTMENT, THE COMMISSIONER SHALL IMMEDIATELY SEND
39 NOTIFICATION OF THE HEARING OFFICER to the employing board and the
40 employee. [The commissioner shall also simultaneously notify both the
41 employing board and the employee of each potential hearing officer's
42 record in the last five cases of commencing and completing hearings
43 within the time periods prescribed in this section.]
44 b. [(i)] APPOINTMENT. APPOINTMENT FROM SUCH LIST SHALL BE MADE ON A
45 SEQUENTIAL BASIS BEGINNING WITH THE FIRST NAME APPEARING ON SUCH LIST.
46 SHOULD THAT HEARING OFFICER DECLINE APPOINTMENT, OR IF, WITHIN
47 FORTY-EIGHT HOURS, THE HEARING OFFICER FAILS TO RESPOND OR IS UNREACHA-
48 BLE AFTER REASONABLE EFFORTS BY THE COMMISSIONER, EACH SUCCESSIVE HEAR-
49 ING OFFICER WHOSE NAME NEXT APPEARS ON THE LIST SHALL BE OFFERED AN
50 APPOINTMENT, UNTIL SUCH APPOINTMENT IS ACCEPTED. ARBITRATORS MAY NOT
51 ACCEPT AN APPOINTMENT UNLESS THEY ARE AVAILABLE TO COMMENCE AND COMPLETE
52 THE HEARING WITHIN THE TIMEFRAMES SPECIFIED IN THIS SECTION. AN
53 ARBITRATOR'S UNEXCUSED FAILURE TO COMPLY WITH THE TIMEFRAMES SPECIFIED
54 IN THIS SECTION SHALL BE DEEMED GOOD AND SUFFICIENT GROUNDS FOR DISQUAL-
55 IFYING HIM OR HER FROM CONSIDERATION FOR APPOINTMENT FROM SUCH LIST
A. 10446 10
1 SPECIFIED IN PARAGRAPH A OF THIS SUBDIVISION. IF, AFTER COMMENCEMENT OF
2 A HEARING AND BY MUTUAL AGREEMENT OF THE PARTIES, THE HEARING OFFICER IS
3 DEEMED INCAPACITATED OR OTHERWISE UNAVAILABLE OR UNWILLING TO CONTINUE
4 THE HEARING OR ISSUE THE DECISION, THE COMMISSIONER SHALL RESCIND THE
5 APPOINTMENT OF THE HEARING OFFICER AND APPOINT A NEW HEARING OFFICER IN
6 ACCORDANCE WITH THE PROCEDURES AS SET FORTH IN THIS SUBDIVISION, AND THE
7 NEW HEARING OFFICER SHALL RESUME AND CONTINUE THE HEARING AT THE POINT
8 AT WHICH IT WAS INTERRUPTED.
9 C. TRAINING PROGRAM. (I) THE COMMISSIONER SHALL ESTABLISH A TRAINING
10 PROGRAM WHICH SHALL BE COMPLETED TO THE SATISFACTION OF THE COMMISSIONER
11 AS A CONDITION FOR ELIGIBILITY FOR INCLUSION ON THE LIST OF NAMES OF
12 PERSONS FROM THE ASSOCIATION'S PANEL OF LABOR ARBITRATORS TO POTENTIALLY
13 SERVE AS HEARING OFFICERS UNDER THIS SECTION.
14 (II) EFFECTIVE SIX MONTHS FROM THE EFFECTIVE DATE OF THIS SUBPARA-
15 GRAPH, AS A CONDITION FOR ELIGIBILITY FOR INCLUSION ON THE LIST OF NAMES
16 OF PERSONS CHOSEN BY THE ASSOCIATION FROM THE ASSOCIATION'S PANEL OF
17 LABOR ARBITRATORS TO POTENTIALLY SERVE AS A HEARING OFFICER, AN ARBITRA-
18 TOR SHALL:
19 (A) HAVE SUCCESSFULLY COMPLETED A TRAINING PROGRAM PURSUANT TO SUBPAR-
20 AGRAPH (I) OF THIS PARAGRAPH;
21 (B) ATTEND SUCH PERIODIC UPDATE PROGRAMS AS MAY BE SCHEDULED BY THE
22 COMMISSIONER;
23 (C) POSSES KNOWLEDGE OF, AND THE ABILITY TO UNDERSTAND, THE PROVISIONS
24 OF APPLICABLE LAW AND REGULATIONS PERTAINING TO THE DISCIPLINE OF
25 TENURED EMPLOYEES UNDER THIS SECTION AND ADMINISTRATIVE AND JUDICIAL
26 INTERPRETATIONS OF SUCH LAW AND REGULATIONS;
27 (D) POSSESS KNOWLEDGE OF THE PROCEDURES INVOLVED IN CONDUCTING A HEAR-
28 ING, AND IN REACHING AND WRITING A DECISION AND THE ABILITY TO CONDUCT
29 HEARINGS IN ACCORDANCE WITH APPROPRIATE, STANDARD LEGAL PRACTICE; AND
30 (E) ANNUALLY SUBMIT, IN A FORMAT AND BY A DATE PRESCRIBED BY THE
31 COMMISSIONER, A CERTIFICATION THAT THE HEARING OFFICER MEETS THE
32 REQUIREMENTS OF THIS SUBDIVISION.
33 (III) THE COMMISSIONER SHALL ESTABLISH STANDARDS ALLOWING ARBITRATORS
34 TO DOCUMENT THEIR QUALIFICATION TO BE IMMEDIATELY ELIGIBLE FOR APPOINT-
35 MENT FROM SUCH LIST SPECIFIED IN PARAGRAPH A OF THIS SUBDIVISION.
36 D. Hearing officers. All hearings pursuant to this section shall be
37 conducted before and by a single hearing officer selected as provided
38 for in this section. A hearing officer shall not be eligible to serve in
39 such position if he or she is a resident of the school district, other
40 than the city of New York, under the jurisdiction of the employing
41 board, an employee, agent or representative of the employing board or of
42 any labor organization representing employees of such employing board,
43 has served as such agent or representative within two years of the date
44 of the scheduled hearing, or if he or she is then serving as a mediator
45 or fact finder in the same school district.
46 [(A)] (I) Notwithstanding any other provision of law, for hearings
47 commenced by the filing of charges prior to April first, two thousand
48 twelve, the hearing officer shall be compensated by the department with
49 the customary fee paid for service as an arbitrator under the auspices
50 of the association for each day of actual service plus necessary travel
51 and other reasonable expenses incurred in the performance of his or her
52 duties. All other expenses of the disciplinary proceedings commenced by
53 the filing of charges prior to April first, two thousand twelve shall be
54 paid in accordance with rules promulgated by the commissioner. Claims
55 for such compensation for days of actual service and reimbursement for
56 necessary travel and other expenses for hearings commenced by the filing
A. 10446 11
1 of charges prior to April first, two thousand twelve shall be paid from
2 an appropriation for such purpose in the order in which they have been
3 approved by the commissioner for payment, provided payment shall first
4 be made for any other hearing costs payable by the commissioner, includ-
5 ing the costs of transcribing the record, and provided further that no
6 such claim shall be set aside for insufficiency of funds to make a
7 complete payment, but shall be eligible for a partial payment in one
8 year and shall retain its priority date status for appropriations desig-
9 nated for such purpose in future years.
10 [(B)] (II) Notwithstanding any other provision of law, rule or regu-
11 lation to the contrary, for hearings commenced by the filing of charges
12 on or after April first, two thousand twelve, the hearing officer shall
13 be compensated by the department for each day of actual service plus
14 necessary travel and other reasonable expenses incurred in the perform-
15 ance of his or her duties, provided that the commissioner shall estab-
16 lish a schedule for maximum rates of compensation of hearing officers
17 based on customary and reasonable fees for service as an arbitrator and
18 provide for limitations on the number of study hours that may be
19 claimed.
20 [(ii) The commissioner shall mail to the employing board and the
21 employee the list of potential hearing officers and biographies provided
22 to the commissioner by the association, the employing board and the
23 employee, individually or through their agents or representatives, shall
24 by mutual agreement select a hearing officer from said list to conduct
25 the hearing and shall notify the commissioner of their selection.
26 (iii) Within fifteen days after receiving the list of potential hear-
27 ing officers as described in subparagraph (ii) of this paragraph, the
28 employing board and the employee shall each notify the commissioner of
29 their agreed upon hearing officer selection. If the employing board and
30 the employee fail to agree on an arbitrator to serve as a hearing offi-
31 cer from the list of potential hearing officers, or fail to notify the
32 commissioner of a selection within such fifteen day time period, the
33 commissioner shall appoint a hearing officer from the list. The
34 provisions of this subparagraph shall not apply in cities with a popu-
35 lation of one million or more with alternative procedures specified in
36 section three thousand twenty of this article.
37 (iv) In those cases in which the employee elects to have the charges
38 heard by a hearing panel, the hearing panel shall consist of the hearing
39 officer, selected in accordance with this subdivision, and two addi-
40 tional persons, one selected by the employee and one selected by the
41 employing board, from a list maintained for such purpose by the commis-
42 sioner. The list shall be composed of professional personnel with admin-
43 istrative or supervisory responsibility, professional personnel without
44 administrative or supervisory responsibility, chief school administra-
45 tors, members of employing boards and others selected from lists of
46 nominees submitted to the commissioner by statewide organizations
47 representing teachers, school administrators and supervisors and the
48 employing boards. Hearing panel members other than the hearing officer
49 shall be compensated by the department at the rate of one hundred
50 dollars for each day of actual service plus necessary travel and subsis-
51 tence expenses. The hearing officer shall be compensated as set forth in
52 this subdivision. The hearing officer shall be the chairperson of the
53 hearing panel.
54 c.] E. Hearing procedures. (i) (A) The commissioner shall have the
55 power to establish necessary rules and procedures for the conduct of
56 hearings under this section.
A. 10446 12
1 (B) The department shall be authorized to monitor and investigate a
2 hearing officer's compliance with statutory timelines pursuant to this
3 section. The commissioner shall annually inform all hearing officers who
4 have heard cases pursuant to this section during the preceding year that
5 the time periods prescribed in this section for conducting such hearings
6 are to be strictly followed. A record of continued failure to commence
7 and complete hearings within the time periods prescribed in this section
8 shall be considered grounds for the commissioner to exclude such indi-
9 vidual from the list of potential hearing officers sent to the employing
10 board and the employee for such hearings.
11 (C) Such rules shall not require compliance with technical rules of
12 evidence. Hearings shall be conducted by the hearing officer [selected]
13 APPOINTED pursuant to [paragraph] PARAGRAPHS A AND b of this subdivision
14 with full and fair disclosure of [the nature of the case and evidence
15 against the employee] ALL MATERIAL RELEVANT TO THE PROSECUTION OR
16 DEFENSE OF THIS ACTION by the [employing board] PARTIES TEN BUSINESS
17 DAYS PRIOR TO THE FIRST HEARING DATE and shall be public or private at
18 the discretion of the employee. The employee shall have a reasonable
19 opportunity to defend himself or herself and an opportunity to testify
20 in his or her own behalf. The employee shall not be required to testify,
21 HOWEVER, THIS RIGHT SHALL NOT BE CONSTRUED TO MEAN THAT THE EMPLOYEE MAY
22 REFUSE TO COOPERATE IN THE EMPLOYING SCHOOL DISTRICT'S INVESTIGATION OF
23 ALLEGATIONS OF MISCONDUCT OR INCOMPETENCE RAISED AGAINST HIM OR HER.
24 Each party shall have the right to be represented by counsel, to subpoe-
25 na witnesses, and to cross-examine witnesses. All testimony taken shall
26 be under oath which the hearing officer is hereby authorized to adminis-
27 ter.
28 (D) An accurate record of the proceedings shall be kept at the expense
29 of the department at each such hearing in accordance with the regu-
30 lations of the commissioner. A copy of the record of the hearings shall,
31 upon request, be furnished without charge to the employee and the board
32 of education involved. The department shall be authorized to utilize any
33 new technology or such other appropriate means to transcribe or record
34 such hearings in an accurate, reliable, efficient and cost-effective
35 manner without any charge to the employee or board of education
36 involved.
37 (i-a)(A) Where charges of incompetence are brought based solely upon a
38 pattern of ineffective teaching or performance of a classroom teacher or
39 principal, as defined in section three thousand twelve-c of this arti-
40 cle, the hearing shall be conducted before and by a single hearing offi-
41 cer in an expedited hearing, which shall commence within seven days
42 after the pre-hearing conference and shall be completed within sixty
43 days after the pre-hearing conference. The hearing officer shall estab-
44 lish a hearing schedule at the pre-hearing conference to ensure that the
45 expedited hearing is completed within the required timeframes and to
46 ensure an equitable distribution of days between the employing board and
47 the charged employee. Notwithstanding any other law, rule or regulation
48 to the contrary, no adjournments may be granted that would extend the
49 hearing beyond such sixty days, except as authorized in this subpara-
50 graph. A hearing officer, upon request, may grant a limited and time
51 specific adjournment that would extend the hearing beyond such sixty
52 days if the hearing officer determines that the delay is attributable to
53 a circumstance or occurrence substantially beyond the control of the
54 requesting party and an injustice would result if the adjournment were
55 not granted.
A. 10446 13
1 (B) Such charges shall allege that the employing board has developed
2 and substantially implemented a teacher or principal improvement plan in
3 accordance with subdivision four of section three thousand twelve-c of
4 this article for the employee following the first evaluation in which
5 the employee was rated ineffective, and the immediately preceding evalu-
6 ation if the employee was rated developing. Notwithstanding any other
7 provision of law to the contrary, a pattern of ineffective teaching or
8 performance as defined in section three thousand twelve-c of this arti-
9 cle shall constitute very significant evidence of incompetence for
10 purposes of this section. Nothing in this subparagraph shall be
11 construed to limit the defenses which the employee may place before the
12 hearing officer in challenging the allegation of a pattern of ineffec-
13 tive teaching or performance.
14 (C) The commissioner shall annually inform all hearing officers who
15 have heard cases pursuant to this section during the preceding year that
16 the time periods prescribed in this subparagraph for conducting expe-
17 dited hearings are to be strictly followed. A record of continued fail-
18 ure to commence and complete expedited hearings within the time periods
19 prescribed in this subparagraph shall be considered grounds for the
20 commissioner to exclude such individual from the list of potential hear-
21 ing officers sent to the employing board and the employee for such expe-
22 dited hearings.
23 (ii) The hearing officer [selected] APPOINTED to conduct a hearing
24 under this section shall, within ten to fifteen days of agreeing to
25 serve in such position, hold a pre-hearing conference which shall be
26 held in the school district or county seat of the county, or any county,
27 wherein the employing school board is located. The pre-hearing confer-
28 ence shall be limited in length to one day except that the hearing offi-
29 cer, in his or her discretion, may allow one additional day for good
30 cause shown.
31 (iii) At the pre-hearing conference the hearing officer shall have the
32 power to:
33 (A) issue subpoenas;
34 (B) hear and decide all motions, including but not limited to motions
35 to dismiss the charges;
36 (C) hear and decide all applications for bills of particular or
37 requests for production of materials or information, including, but not
38 limited to, any witness statement (or statements), investigatory state-
39 ment (or statements) or note (notes), exculpatory evidence or any other
40 evidence, including district or student records, relevant and material
41 to the employee's defense.
42 (iv) Any pre-hearing motion or application relative to the sufficiency
43 of the charges, application or amendment thereof, or any preliminary
44 matters shall be made upon written notice to the hearing officer and the
45 adverse party no less than five days prior to the date of the pre-hear-
46 ing conference. Any pre-hearing motions or applications not made as
47 provided for herein shall be deemed waived except for good cause as
48 determined by the hearing officer.
49 (v) [In the event that at the pre-hearing conference the employing
50 board presents evidence that the professional license of the employee
51 has been revoked and all judicial and administrative remedies have been
52 exhausted or foreclosed, the hearing officer shall schedule the date,
53 time and place for an expedited hearing, which hearing shall commence
54 not more than seven days after the pre-hearing conference and which
55 shall be limited to one day. The expedited hearing shall be held in the
56 local school district or county seat of the county or any county, where-
A. 10446 14
1 in the said employing board is located. The expedited hearing shall not
2 be postponed except upon the request of a party and then only for good
3 cause as determined by the hearing officer. At such hearing, each party
4 shall have equal time in which to present its case] ALL RULINGS ON
5 SUBSTANTIVE MOTIONS SHALL BE PLACED ON THE RECORD WITH A FULL EXPLANA-
6 TION OF THE HEARING OFFICER'S REASONING.
7 (vi) During the pre-hearing conference, the hearing officer shall
8 determine the reasonable amount of time necessary for a final hearing on
9 the charge or charges and shall schedule the location, time(s) and
10 date(s) for the final hearing. The final hearing shall be held in the
11 local school district or county seat of the county, or any county, wher-
12 ein the said employing school board is located. In the event that the
13 hearing officer determines that the nature of the case requires the
14 final hearing to last more than one day, the days that are scheduled for
15 the final hearing shall be consecutive. The day or days scheduled for
16 the final hearing shall not be postponed except upon the request of a
17 party and then only for good cause shown as determined by the hearing
18 officer. In all cases, the final hearing shall be completed no later
19 than sixty days after the pre-hearing conference unless the hearing
20 officer determines that extraordinary circumstances warrant a limited
21 extension.
22 (vii) All evidence shall be submitted by all parties within one
23 hundred twenty-five days of the filing of charges and no additional
24 evidence shall be accepted after such time, absent extraordinary circum-
25 stances beyond the control of the parties.
26 [d.] F. Limitation on claims. Notwithstanding any other provision of
27 law, rule or regulation to the contrary, no payments shall be made by
28 the department pursuant to this subdivision on or after April first, two
29 thousand twelve for: (i) compensation of a hearing officer or hearing
30 panel member, (ii) reimbursement of such hearing officers or panel
31 members for necessary travel or other expenses incurred by them, or
32 (iii) for other hearing expenses on a claim submitted later than one
33 year after the final disposition of the hearing by any means, including
34 settlement, or within ninety days after the effective date of this para-
35 graph, whichever is later; provided that no payment shall be barred or
36 reduced where such payment is required as a result of a court order or
37 judgment or a final audit.
38 4. Post hearing procedures. a. The hearing officer shall render a
39 written decision within thirty days of the last day of the final hear-
40 ing, or in the case of an expedited hearing within ten days of such
41 expedited hearing, and shall forward a copy thereof to the commissioner
42 who shall immediately forward copies of the decision to the employee and
43 to the clerk or secretary of the employing board. The written decision
44 shall include the hearing officer's findings of fact on each charge, his
45 or her conclusions with regard to each charge based on said findings and
46 shall state what penalty or other action, if any, shall be taken by the
47 employing board. At the request of the employee, in determining what, if
48 any, penalty or other action shall be imposed, the hearing officer shall
49 consider the extent to which the employing board made efforts towards
50 correcting the behavior of the employee which resulted in charges being
51 brought under this section through means including but not limited to:
52 remediation, peer intervention or an employee assistance plan. In those
53 cases where a penalty is imposed, such penalty may be a written repri-
54 mand, a fine, suspension for a fixed time without pay, or dismissal. In
55 addition to or in lieu of the aforementioned penalties, the hearing
56 officer, where he or she deems appropriate, may impose upon the employee
A. 10446 15
1 remedial action including but not limited to leaves of absence with or
2 without pay, continuing education and/or study, a requirement that the
3 employee seek counseling or medical treatment or that the employee
4 engage in any other remedial or combination of remedial actions.
5 b. Within fifteen days of receipt of the hearing officer's decision
6 the employing board shall implement the decision. If the employee is
7 acquitted he or she shall be restored to his or her position with full
8 pay for any period of suspension without pay and the charges expunged
9 from the employment record. If an employee who was convicted of a felony
10 crime specified in paragraph b of subdivision two of this section, has
11 said conviction reversed, the employee, upon application, shall be enti-
12 tled to have his or her pay and other emoluments restored, for the peri-
13 od from the date of his or her suspension to the date of the decision.
14 c. The hearing officer shall indicate in the decision whether any of
15 the charges brought by the employing board were frivolous as defined in
16 section eighty-three hundred three-a of the civil practice law and
17 rules. If the hearing officer finds that all of the charges brought
18 against the employee were frivolous, the hearing officer shall order the
19 employing board to reimburse the department the reasonable costs [said]
20 THE department incurred as a result of the proceeding and to reimburse
21 the employee the reasonable costs, including but not limited to reason-
22 able attorneys' fees, the employee incurred in defending the charges. If
23 the hearing officer finds that some but not all of the charges brought
24 against the employee were frivolous, the hearing officer shall order the
25 employing board to reimburse the department a portion, in the discretion
26 of the hearing officer, of the reasonable costs [said] THE department
27 incurred as a result of the proceeding and to reimburse the employee a
28 portion, in the discretion of the hearing officer, of the reasonable
29 costs, including but not limited to reasonable attorneys' fees, the
30 employee incurred in defending the charges.
31 5. Appeal. a. Not later than ten days after receipt of the hearing
32 officer's decision, THE EMPLOYEE OR THE EMPLOYING BOARD MAY MAKE AN
33 APPLICATION FOR REVIEW OF THE HEARING OFFICER'S DECISION TO THE STATE
34 TENURED TEACHERS AND ADMINISTRATORS DISCIPLINARY REVIEW PANEL, (HEREAFT-
35 ER REFERRED TO IN THIS SUBDIVISION AS THE "PANEL"), ESTABLISHED IN
36 ACCORDANCE WITH SUBDIVISION FORTY-THREE OF SECTION THREE HUNDRED FIVE OF
37 THIS CHAPTER, AND THE RULES AND REGULATION PROMULGATED BY THE COMMIS-
38 SIONER. THE PANEL MAY MODIFY OR REVERSE THE DECISION OF A HEARING OFFI-
39 CER AS APPROPRIATE TO PROPERLY EFFECTUATE THE PURPOSES OF THIS SECTION.
40 THE DECISIONS OF THE PANEL SHALL CONSTITUTE BINDING DECISIONAL LAW UNTIL
41 MODIFIED OR REVERSED ON APPEAL BY EITHER PARTY BY THE STATE SUPREME
42 COURT OR BY AN APPELLATE COURT ON FURTHER APPEAL. PANEL DECISIONS SHALL
43 BE PUBLISHED PURSUANT TO RULES AND REGULATIONS PROMULGATED BY THE
44 COMMISSIONER AND IN THE SAME MANNER AS ADMINISTRATIVE DECISIONS FROM
45 OTHER STATE AGENCIES.
46 B. NOT LATER THAN TEN DAYS AFTER RECEIPT OF THE DECISION OF THE PANEL,
47 the employee or the employing board may make an application to the New
48 York state supreme court to vacate or modify the decision of the [hear-
49 ing officer] REVIEW PANEL pursuant to section seventy-five hundred elev-
50 en of the civil practice law and rules. [The court's review shall be
51 limited to the grounds set forth in such section.] The [hearing] REVIEW
52 panel's determination shall be deemed to be final for the purpose of
53 such proceeding.
54 [b.] C. In no case shall the filing or the pendency of an [appeal]
55 APPLICATION FOR REVIEW BY THE PANEL OR AN APPEAL TO THE COURTS delay the
56 implementation of the decision of the hearing officer.
A. 10446 16
1 S 3. Section 3020-a of the education law is amended by adding a new
2 subdivision 6 to read as follows:
3 6. IMMEDIATE REMOVAL. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
4 A PERSON ENJOYING THE BENEFITS OF TENURE AS PROVIDED IN SUBDIVISION
5 THREE OF SECTION ELEVEN HUNDRED TWO, OR SECTION TWENTY-FIVE HUNDRED
6 NINE, TWENTY-FIVE HUNDRED SEVENTY-THREE, TWENTY-FIVE HUNDRED NINETY-J,
7 THREE THOUSAND TWELVE OR THREE THOUSAND FOURTEEN OF THIS CHAPTER SHALL
8 LOSE SUCH BENEFITS AND SHALL BE IMMEDIATELY REMOVED FROM EMPLOYMENT BY
9 THE EMPLOYING BOARD OF EDUCATION UPON CONVICTION OF ANY OFFENSE RELATED
10 TO CHILD ABUSE; CHILD ABUSE IN AN EDUCATIONAL SETTING AS DEFINED IN
11 SECTION ELEVEN HUNDRED TWENTY-FIVE OF THIS CHAPTER; OR ANY OTHER FELONY
12 OFFENSE THAT AFFECTS THE OPERATION OF A SCHOOL DISTRICT; OR, UPON REVO-
13 CATION OF A PROFESSIONAL CERTIFICATE PURSUANT TO SUBDIVISION SEVEN OF
14 SECTION THREE HUNDRED FIVE OF THIS CHAPTER.
15 (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON ENJOYING THE
16 BENEFITS OF TENURE AS PROVIDED IN SUBDIVISION THREE OF SECTION ELEVEN
17 HUNDRED TWO, OR SECTION TWENTY-FIVE HUNDRED NINE, TWENTY-FIVE HUNDRED
18 SEVENTY-THREE, TWENTY-FIVE HUNDRED NINETY-J, THREE THOUSAND TWELVE OR
19 THREE THOUSAND FOURTEEN OF THIS CHAPTER WHO FAILS TO RECEIVE A PROFES-
20 SIONAL CERTIFICATE WITHIN THE STATUTORY TIMEFRAME AS REQUIRED BY SECTION
21 THREE THOUSAND FOUR OF THIS ARTICLE SHALL RETAIN SUCH BENEFITS AND MAY
22 BE IMMEDIATELY REMOVED FROM EMPLOYMENT BY A BOARD OF EDUCATION.
23 (C) ANY EMPLOYEE OF A SCHOOL DISTRICT SUBJECT TO IMMEDIATE TERMINATION
24 UNDER THE PROVISIONS OF THIS SECTION SHALL HAVE FIVE BUSINESS DAYS FROM
25 THE NOTICE OF TERMINATION IN WHICH TO PROVIDE DOCUMENTARY EVIDENCE
26 ESTABLISHING TO THE SATISFACTION OF THE EMPLOYING BOARD THAT HE OR SHE
27 IS NOT THE SAME INDIVIDUAL REFERENCED IN THE ACTION TRIGGERING HIS OR
28 HER REMOVAL.
29 S 4. Section 305 of the education law is amended by adding a new
30 subdivision 43 to read as follows:
31 43. (A) THE COMMISSIONER SHALL ESTABLISH THE STATE TENURED TEACHERS
32 AND ADMINISTRATORS DISCIPLINARY REVIEW PANEL, (HEREAFTER REFERRED TO IN
33 THIS SUBDIVISION AS THE "PANEL"). THE PANEL SHALL CONSIST OF NO LESS
34 THAN THREE MEMBERS APPOINTED BY THE COMMISSIONER. PANEL MEMBERS SHALL BE
35 EMPLOYED BY THE DEPARTMENT AND THEIR SALARY SHALL BE DETERMINED AND PAID
36 BY THE DEPARTMENT.
37 (B) PANEL MEMBERS SHALL:
38 (I) SUCCESSFULLY COMPLETE A TRAINING PROGRAM ESTABLISHED BY THE
39 COMMISSIONER AND ATTEND SUCH ADDITIONAL TRAINING PROGRAMS AS MAY BE
40 REQUIRED BY THE COMMISSIONER;
41 (II) POSSESS KNOWLEDGE OF AND THE ABILITY TO UNDERSTAND THE PROVISIONS
42 OF APPLICABLE LAW AND REGULATIONS PERTAINING TO THE DISCIPLINE OF
43 TENURED EMPLOYEES UNDER THIS SECTION, AND ADMINISTRATIVE AND JUDICIAL
44 INTERPRETATIONS OF SUCH LAWS AND REGULATIONS;
45 (III) POSSESS KNOWLEDGE OF THE PROCEDURES INVOLVED IN CONDUCTING A
46 HEARING UNDER THIS SECTION; AND
47 (IV) POSSESS THE ABILITY TO RENDER AND WRITE DECISIONS IN ACCORDANCE
48 WITH APPROPRIATE STANDARD LEGAL PRACTICE.
49 S 5. This act shall take effect immediately.
50 PART C
51 Section 1. The education law is amended by adding a new section 1527-a
52 to read as follows:
53 S 1527-A. HEALTH CARE PREMIUM CONTRIBUTION. 1. THE FOLLOWING TERMS
54 USED IN THIS SECTION SHALL HAVE THE FOLLOWING MEANINGS:
A. 10446 17
1 A. "EMPLOYER" SHALL MEAN THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE
2 EDUCATIONAL SERVICE (BOCES) BY WHICH THE EMPLOYEE IS PAID.
3 B. "EMPLOYEE" SHALL MEAN ANY INDIVIDUAL INSTRUCTIONAL OR NON-INSTRUC-
4 TIONAL STAFF EMPLOYED BY A SCHOOL DISTRICT OR BOARD OF COOPERATIVE
5 EDUCATIONAL SERVICES.
6 C. "RETIREE" SHALL MEAN ANY FORMER EMPLOYEE WHO HAS RETIRED FROM A
7 SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
8 D. "HEALTH CARE PREMIUM" SHALL MEAN THE TOTAL COST OF ANY EMPLOYEE OR
9 RETIREE HEALTH CARE BENEFIT PLAN WHICH PROVIDES FOR PAYMENT OR
10 REIMBURSEMENT OF HEALTH CARE EXPENSES, HEALTH CARE SERVICES, DISABILITY
11 PAYMENTS, OR ANY OTHER BENEFITS UNDER A POLICY OF INSURANCE OR CONTRACT
12 WITH AN INDIVIDUAL OR GROUP.
13 2. NOTWITHSTANDING ANY PROVISIONS OR LAW TO THE CONTRARY, IN COLLEC-
14 TIVE BARGAINING AGREEMENTS ENTERED INTO ON OR AFTER THE EFFECTIVE DATE
15 OF THIS SECTION, THE CONTRIBUTION AMOUNT TO BE DUE AND PAYABLE BY EACH
16 EMPLOYER SHALL NOT EXCEED EIGHTY-FIVE PERCENT OF THE TOTAL HEALTH CARE
17 BENEFIT PREMIUM FOR AN INDIVIDUAL EMPLOYEE AND SHALL NOT EXCEED SEVEN-
18 TY-FIVE PERCENT OF THE TOTAL HEALTH CARE BENEFIT PREMIUM FOR AN EMPLOYEE
19 ELECTING FAMILY COVERAGE. THE REMAINDER OF THE TOTAL HEALTH CARE PREMIUM
20 SHALL BE PAID BY THE EMPLOYEE OR RETIREE.
21 S 2. This act shall take effect immediately; provided, that this act
22 shall apply to contracts and collective bargaining agreements entered
23 into, issued, renewed, modified, altered, or amended on or after such
24 effective date.
25 PART D
26 Section 1. Notwithstanding any other provisions of law, rule or regu-
27 lation to the contrary, all school districts shall be required to
28 conform with all federal laws and regulations relating to special
29 education programs and services to be provided to students with disabil-
30 ities. No state law or regulation shall impose any additional mandate or
31 procedural requirement for special education students on school
32 districts except as provided in section two of this act.
33 S 2. There shall be an advisory committee established to review the
34 current laws and regulations of the state of New York relating to
35 special education. The advisory committee shall consist of represen-
36 tatives of parents, teachers, principals, superintendents of school,
37 school boards, school district and board of cooperative educational
38 services officials and other interested parties, as determined by the
39 commissioner of education. The advisory committee shall review New York
40 state laws and regulations relating to special education which are in
41 effect on the date upon which this act is signed into law. The advisory
42 committee shall consider the programmatic impact, educational impact,
43 financial impact and other impacts as the committee deems necessary, of
44 each law and regulation relating to special education. The advisory
45 committee shall take into account the impacts of such laws and regu-
46 lations to make an evaluation of each state law and regulation above the
47 federal level and recommend which laws and/or regulations should remain
48 in effect. Upon such recommendation, the department of education shall
49 submit to the legislature on or before January first following the
50 effective date of this act, a report outlining the laws recommended by
51 the advisory committee to remain in effect above the level required by
52 the federal government. The legislature shall take action to exempt such
53 laws from section one of this act. The legislature shall repeal any
54 provision of any law relating to special education programs which exceed
A. 10446 18
1 federal requirements except as otherwise provided in this section. The
2 addition, amendment and/or repeal of any rule or regulation necessary
3 for the implementation of the advisory committee's recommendations are
4 authorized and directed to be made and completed by the commissioner of
5 education within one year of the report of the advisory committee.
6 S 3. This act shall take effect immediately.
7 PART E
8 Section 1. Section 103 of the general municipal law is amended by
9 adding a new subdivision 16 to read as follows:
10 16. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
11 THE CONTRARY, ANY OFFICER, BOARD OR AGENCY OF A POLITICAL SUBDIVISION OR
12 OF ANY DISTRICT THEREIN AUTHORIZED TO MAKE PURCHASES OF MATERIALS,
13 EQUIPMENT OR SUPPLIES, OR TO CONTRACT FOR SERVICES, MAY MAKE SUCH
14 PURCHASES OR MAY CONTRACT FOR SERVICES, AS MAY BE REQUIRED BY SUCH POLI-
15 TICAL SUBDIVISION OR ANY DISTRICT THEREIN THROUGH THE USE OF A CONTRACT
16 LET BY ANY OTHER STATE OR POLITICAL SUBDIVISION IF SUCH CONTRACT WAS LET
17 IN ACCORDANCE WITH COMPETITIVE BIDDING REQUIREMENTS THAT ARE CONSISTENT
18 WITH THIS SECTION AND WITH THE INTENT OF EXTENDING THE USE TO OTHER
19 GOVERNMENTAL ENTITIES. FURTHERMORE, THE AUTHORITY PROVIDED TO POLITICAL
20 SUBDIVISIONS AND DISTRICTS THEREIN UNDER THIS SUBDIVISION SHALL NOT
21 RELIEVE ANY OBLIGATION OF SUCH POLITICAL SUBDIVISION OR DISTRICT THEREIN
22 TO COMPLY WITH ANY APPLICABLE MINORITY AND WOMEN-OWNED BUSINESS ENTER-
23 PRISE PROGRAM MANDATES.
24 S 2. This act shall take effect immediately.
25 S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
26 sion, section or part of this act shall be adjudged by any court of
27 competent jurisdiction to be invalid, such judgment shall not affect,
28 impair, or invalidate the remainder thereof, but shall be confined in
29 its operation to the clause, sentence, paragraph, subdivision, section
30 or part thereof directly involved in the controversy in which such judg-
31 ment shall have been rendered. It is hereby declared to be the intent of
32 the legislature that this act would have been enacted even if such
33 invalid provisions had not been included herein.
34 S 4. This act shall take effect immediately provided, however, that
35 the applicable effective date of Parts A through E of this act shall be
36 as specifically set forth in the last section of such Parts.
