Education Law §3020-a Changes (Effective April 1, 2012)
|Date:||April 4, 2012|
New York City Department of Education
New York State Council of School Superintendents
New York State School Boards Association
United Federation of Teachers
New York State United Teachers
School Administrators Association of New York State
Council of School Supervisors & Administrators
New York State Association of School Personnel Administrators
New York State Association of School Attorneys
New York State Association of Management Advocates for School Labor Affairs
American Arbitration Association
|From:||Valerie Grey, Executive Deputy Commissioner|
|Subject:||Education Law §3020-a Changes (Effective April 1, 2012)|
|Education Law §3020-a Changes (Effective April 1, 2012) (375KB)|
- All affected parties should be aware of this effective date and are strongly advised to carefully review these changes and how they may affect any cases currently in progress or those that are anticipated.
- The parties are strongly encouraged to develop the necessary tracking systems to ensure that responsibilities are carried out in a timely and professional manner, so that no party is unduly penalized by the very stringent timelines set forth in the statute.
- The Department anticipates that modifications to TEACH will help the parties easily identify the relevant dates. Until that time, arbitrators are expected to closely monitor the relevant dates and ensure adherence.
- Historically, the Department only intervened when notified of the failure to agree, however, the amended language does not require the Commissioner to wait until notification of the failure to agree. The Commissioner will be authorized to select an arbitrator if no selection is affirmatively made by the 15th day.
- To ensure that all parties get proper notice of the list, the Department will continue its current practice of emailing the list of potential arbitrators to the school attorney and the employee attorney, if one has been designated by the employee. Where no attorney is provided by the employee, the list will be sent directly to the employee.
- A hearing officer selection will be considered timely, if it is emailed to the dedicated tenure email box (TENURE@mail.nysed.gov) by the close of business on 15th calendar day.
- To minimize any potential delays that may occur at the school district level, the American Arbitration Association (“AAA”) has agreed to directly bill the school district for the production of the arbitrator list. Schools are strongly encouraged to send the charges to the Department immediately without a check to AAA and make payment arrangements directly with AAA after the compilation of the list. AAA will take payment in the form of check or credit card for the $150 fee.
- Over the next several weeks, the Department will be conducting an analysis to determine both the appropriate rates and the maximum number of study hours for these types of proceedings. Once the analysis is complete, the Commissioner will be establishing guidelines for arbitrator fees and study hours.
- All new arbitrator appointments will be contingent upon accepting the new maximum fee and study hour rates established by the Commissioner.
- It is anticipated that the new TEACH modifications will incorporate changes in the manner in which arbitrator invoices are filed with the Department, to permit online filing to ensure accuracy, and improve the time it takes to process payments.
- The Department anticipates that modifications to TEACH will help the parties easily identify the relevant dates. Until that time, the Department will monitor manually.
- The Department will explore other cost-effective alternatives to recording and producing transcripts for these proceedings, however, there will be no immediate change to the manner in which these hearings are recorded.
- This amendment will ensure that the Department is able to make timely payments for services rendered for new cases under the new system during 2012-13. Thus arbitrators who accept cases under the new system with the new time constraints will be reimbursed for their services in a timely manner. Any funds remaining will be used to pay for claims on cases that had charges filed prior to April 1, 2012.