I remain perplexed how NYSUT defends teacher rights. They (
NYSUT, New York State United Teachers) say that defending tenure is their goal, yet go along with extending the time for a teacher to get tenure, and make it harder for good teachers to be tenured if these employees are working under a principal from hell who can easily give a rating of "ineffective" based upon nothing but malice.
There are no facts or statistical data in observation reports, says the Court in
Elentuck v Green. We use that in our 3020-a arguments.
But in New York City, the Department of Education and
NYSUT go along with the process set up by the Department's Office of Legal Services, which we know is mandating a speedy trial, literally. You are charged quickly, then brought to a hearing quickly, told by your NYSUT attorney that one or two witnesses - and no character witnesses - is fine, or that you do not have to testify at all (which will lead to automatic termination in almost 99% of cases), and a quick finish is best. I've written about that, see the
"Gotcha Squad" and
the 3020-a Arbitration Newswire.
I could not disagree more. Look at the Notice of Determination of Probable Cause on
Education Law 4020-a Charges, below. I removed the teacher's name from the document, and left the principal's name for a reason.
Rushell White "found" probable cause on this teacher at her school, charged her with incompetency, but kept her in her classroom teaching throughout the 3020-a hearing, saying "I could not find anyone to replace her".
All charged employees receive this form, hot off the press in April 2012. Before that, New York State Education Department sent out the entire 3020-a Law in a document titled
"APPENDIX A". This single piece of the charging packet is to an independent non-lawyer like myself the most incriminating piece of information in the 3020-a process. If you look closely, you will see in the first sentence "Please be advised that at a meeting in executive session on the above date the school district identified herein has found that there is
probable cause for Education Law 3020-a charge(s) against you. But right above this paragraph, in the box where it says "Date of Executive Session", there is no date. Why? Because the
Panel For Educational Policy never met, never voted, never found probable cause. Education Law 3020-a has not been followed. New York City's Department of Education does not want any outsiders telling them that they did not find probable cause, so there is no PEP member voting on probable cause. And the
Bylaws say that Chancellor Carmen Farina does not have a vote on the PEP, the NYC school board. Therefore, she can NOT delegate a vote on probable cause to anyone. Yet there it is.
Here, Rushell White signed off on the Notice, so she found probable cause. Of course she did. She follows the process I call the "Portelos Way" (named after
workplace bully and cybernut Francesco Portelos) where, if anyone challenges her or even says 'hello' the wrong way, zoom, you are charged with something you did not do. In order to support this bizarre violation of procedure and law in order to get a teacher charged, NYSUT and the DOE simply omit all mention in the 3020-a of the procedures mentioned here. If anyone does bring the subject up, as in a Motion To Dismiss which is always submitted in cases I work on, the DOE attorney comes up with the argument that the 3020-a in NYC was changed, so all charged employees are proceeding under
Education Law 2590 instead of 3020-a.
No one is told about this, but just look at the paperwork yourself. Many charged employees never do read their charging papers and sadly rely on others, like their attorney. Mistake.
And we hear that the principal/Superintendent "determined" probable cause because they were delegated that right by the Chancellor. Yep, up pops a
Delegation Letter, signed by Carmen Farina (and before her, Cathie Black, Dennis Walcott, and Joel Klein). In any random case, where the errors are brought up about the charging process, a delegation letter suddenly is brought in in a day or two signed by the principal or Superintendent. There is a stack in the back. Anything to keep the myth alive. Totally without supporting law. Or, we have heard that the principal/Superintendent has "found" probable cause for charges by having an Executive Session in his/her office, with him/herself.
I wish I could say I was kidding.
Why is the UFT and NYSUT going along with this ridiculous stuff? Your guess is as good as mine.
Here is the TENURE page on the UFT website:
Tenure
Appointment and New York City licensure
When you are permanently hired to fill a
vacancy, you are “appointed” to that position. Your appointment must match your
state certification by both subject and level.
As part of this appointment process, the DOE
automatically generates its own teaching license. This New York City license
must match your New York State certificate subject area and, in addition, the
grade level of your NYC teaching assignment. The NYC license specifies the area
in which you will be considered for tenure decisions and accrue seniority; the
latter can be very important if there is excessing in your school.
While there are no more New York City paper licenses, there are still
license/appointment areas, each with a different code.
When you begin teaching, the DOE notifies you
by personal email of your license/appointment area and includes the license
code. Make sure you are appointed in the subject area and division level (i.e.
elementary, middle or high school) that matches your state certification. You
can only be appointed in an area that matches your state certificate. It can be
a little confusing, however, as New York State certification often includes
different grade ranges than those of a New York City license. For example, a New
York State English or math or social studies certificate will
state it is appropriate for grades 7-12 (middle and high schools). A New York
City license, however, differentiates between high school and middle school,
depending on your appointment.
Unfortunately, “out of license” teaching
assignments are not unusual. Since some teaching positions are harder to fill
than others, newer teachers are often assigned to teach out of their license
areas, in a different level, subject area or both. While such “out of license”
assignments don’t affect your salary, they could affect your ability to attain
tenure and your right to keep your position if excessing occurs.
Teachers who have taught “out of license” could find their probation period
extended if the principal or superintendent thinks there is not enough
experience in, or evidence of effectiveness in, the appointed license area.
You can be appointed under only one license at
a time (even if you have multiple certifications), and your license area of
appointment determines the area in which you will be granted tenure. Sometimes
your certification permits you to be appointed under another license; however,
if you agree to switch to a new appointment, you are on probation again, and
there may be other ramifications. Contact your UFT borough office
before you switch your license. In any case, your salary does not change when
your license changes. Be sure to check with your payroll secretary that your
appointment date is correctly entered in the computer.
If you believe your appointment, New York City
license, or teaching assignment does not match your state certification,
speak to your chapter leader at once. Your chapter leader can help you discuss
this with your principal and get your program corrected as soon as possible. Or
you can call your UFT borough office immediately and ask to speak to
an educational liaison.
The probationary period
State law requires teachers and other staff
appointed after July 1, 2015 to serve a four-year probationary
period after being appointed to a position. During that time,
supervisors are supposed to observe you several times a year and evaluate you
in areas including planning and preparation, classroom environment, instruction
and professional responsibilities.
At the end of four years of acceptable service
and depending on your ratings, you may be entitled to the due process rights of
a tenured teacher. In order to be eligible for tenure (if you were appointed
after July 1, 2015), you have to receive three effective or highly effective
ratings and cannot be rated ineffective in the last year.
If the DOE intends to discontinue, that is
terminate, your service at any time prior to the completion of your
probationary period, you must be given 30 or 60 calendar days’ notice. If you
are discontinued, call your UFT borough office, which will assign an
advocate to assist you in fighting the termination.
Sometimes a principal will ask you to sign a
document stating that you agree to an extension of your probationary period
beyond the four years. If this occurs, contact your chapter leader or your UFT borough
office immediately so we can arrange, if necessary, for an attorney to review
the document in order to protect your rights as a probationary educator.
There are two ways to reduce your probationary
period:
·
If you worked as a
regular substitute in the same license and in the same school level you may be
able to reduce the normal four-year probationary period by up to two years.
This is called Jarema Credit and you should apply if you think you
are eligible. The application form is online at the DOE's website. Put Jarema Credit
into the search bar.
·
Another way is called
“traveling tenure.” If you received tenure in one license area and elect to
take an appointment in a new license area or if you were tenured in another
school district in New York State, you should apply to have your probationary
period reduced to three years.
If you think you are eligible for either of
these options, or have any questions, contact your UFT borough
office.
Tenure
Under New York State law, appointed educators
achieve tenure after completing a probationary period and fulfilling all
requirements for the professional certificate.
In New York City, tenure is granted in your
license appointment area, which is why it is of utmost importance that your
license code match the subject and level in which you are teaching. Having
tenure means you may not be disciplined or terminated without due process.
As a tenured member you have the right to a
hearing before an independent arbitrator regarding any charges brought against
you. This due process right protects you from being fired for personal,
arbitrary or political reasons.
As described above, the process for
determining whether or not you will get tenure is rigorous, and tenure is not
automatic at the end of the probationary period. You must:
·
Complete all your
state certification and city licensing requirements, file an application and
receive professional certification;
·
Have a record of
acceptable service during your probationary period; and
·
Be recommended for
tenure by your principal.
The UFT encourages members to be proactive in
preparing for their tenure decision. Here are some steps you can take
throughout your probationary period:
·
If your principal has
not initiated a meeting about your tenure decision, ask for an appointment to
find out where things stand and what is expected of you. Do this even if your
tenure decision is a year or two away so you have time on your side.
·
Become familiar with
The Danielson Framework for Teaching and the multiple sources of evidence for
each factor that principals will use to prepare their tenure recommendations.
·
Put together a
professional portfolio of your effectiveness as a teacher. Organize your portfolio
with a table of contents to separate the various components. Include a cross
section of your work but be selective in choosing the materials to include. Add
a brief explanation or context for each piece of evidence you include and be
sure to show how you differentiate to accommodate children with diverse
abilities.
·
Every spring, the UFT offers
workshops in the borough offices to help teachers prepare for tenure. Check the
union newspaper, New York Teacher, and the UFT website
for a schedule of tenure workshops.
Betsy Combier
betsy.combier@gmail.com
Editor, NYC Rubber Room Reporter
Editor, Parentadvocates.org
Editor, New York Court Corruption
Editor, National Public Voice
Editor, NYC Public Voice
Editor, Inside 3020-a Teacher Trials
Also, when a DOE employee is served charges, the first papers received have procedural errors which astonish, as they seem to be in violation of the very rules seen below, which are spelled out in tenure law Education Law 3020-a.
August 20, 2015
Fact Sheet 15-15: Changes to tenure and
the tenured teacher removal process
Source: NYSUT
Research and Educational Services
Updates Fact Sheet No:
15-15 September 2015
Chapter 56 of the Laws of
2015 includes a number of amendments to New York State (NYS) Education Law that
address teacher preparation and certification, tenure, annual professional
performance reviews (APPR), testing reduction, school receivership, and teacher
removal. This NYSUT Fact Sheet will provide an overview
of the specific changes affecting teacher tenure and removal.
NYS is widely recognized
for its exemplary teaching force and has earned high marks for its rigorous
standards and credentialing requirements — typically ranking among the nation’s
top ten[1].
Tenure is just one of the safeguards NYS has put in place to ensure every
student has an effective teacher. A teacher must earn tenure
after successfully completing a probationary period of effective teaching,
oversight and evaluation. A tenured teacher then is entitled to a fair
hearing before being dismissed — a basic right to due process.
Tenure also provides
teachers freedom to advocate for their students without fear of reprisal.
Because tenure exists, teachers in NYS can speak out freely on issues such as
over-testing; cuts in academic programs; elimination of art, music, foreign
language and other programs; and inappropriate programs and services for
students with disabilities.
Without tenure, working
under the constant threat of arbitrary firing would have a chilling effect on a
teacher’s professional judgment and create an environment that would erode, not
enhance, educational quality.
This NYSUT Fact
Sheet contains:
·
A summary of the recent changes to tenure;
·
Frequently asked questions and answers regarding tenure;
·
A summary of changes to the teacher removal process;
·
Frequently asked questions and answers regarding teacher
removal;
·
Advice to local leaders on this topic; and
·
Additional resources
Summary
of Tenure Changes
·
The new requirement begins with those teachers appointed on or
after July 1, 2015.
·
The mandated changes to tenure enacted by Chapter 56 in 2015
specifically tie the granting of tenure to §3012-c and §3012-d of NYS’s
Education Law regarding teacher and principal evaluation law.
·
The probationary period is extended from three to four years for
untenured teachers. Boards of Education will no longer be able to specify an
end date to the probationary period and teachers will be notified at their
appointment that tenure will depend on their APPR ratings.
·
A teacher seeking tenure would need to attain an effective or
highly effective rating for at least three of the four years. These ratings do
not need to be consecutive.
·
A teacher rated ineffective in the fourth year cannot receive
tenure at that time. A Board of Education can agree to extend the probationary
period an additional year (thus offering a fifth probationary year). The
law does not prohibit additional years of probation.
·
A tenured teacher in a school district or BOCES who obtains
employment in another district will now have a three year probationary period,
provided the teacher did not receive an ineffective in their last year at the
prior school.
·
School boards will be able to terminate probationary teachers
without regard to their Annual Professional Performance Review (APPR) rating.
Questions
& Answers Regarding Tenure
Q: What is tenure?
A: Tenure is simply a statutory right to due process that was
first enacted for New York City teachers in 1897 and expanded to cover Union
Free School districts in 1937. Teachers were uniquely vulnerable in a public
school setting. There were few, if any policies in place to protect teachers
from being fired. Without job protection, teachers could be fired for literally
any reason. Race, faith, gender and favoritism were some of the most common
reasons for firing teachers before 1885, as was their political affiliation.
Women could even be fired for becoming pregnant. Teacher unions in NYS did not
negotiate the tenure laws. Tenure law was established in State Education Law
decades before teachers’ unions were recognized in NYS.
In 1945, tenure law was amended to
extend basic due process rights to all public school teachers. The tenure law
has been amended several times in the last 40 years.
Q: Who is covered by the new tenure law and when
does it begin?
A: The four-year probation in Chapter 56 applies to all
classroom teachers, building principals, all other members of the teaching and
supervisory staff, teaching assistants, and pupil personnel services providers appointed by a Board of
Education on or after July 1, 2015. The linkage between the APPR and granting
or denying tenure only applies to classroom teachers and building
principals. Section 30.-1.3 of the Regulations define classroom teacher
as a teacher in the classroom teaching service as defined in §80-1.1 of the
Regulations: Classroom teaching service means teaching service in the public
schools of New York State, which requires certification pursuant to this Part
(80), excluding pupil personnel service or administrative and supervisory
service.
·
Teacher aides are not covered under the new tenure law.
·
Pupil personnel service providers are not included in the
definition of the classroom teaching service. Section 80-1.1(b)(30) of
the Regulations defines pupil personnel services providers to mean school
psychologists, school counselors and school social workers.
For
Example:
1. If you
were appointed by a board of education on or before June
30, 2015 with a September 1, 2015 start date, you would have a three year
probationary period.
2. If you
were appointed by a board of education on or after July1,
2015 with a September 1, 2015 start date, you would have a four year
probationary period.
Q: What happens if a tenured teacher is appointed to a new
tenure area in the same school district?
A: The probationary period is now three years
instead of two.
Q: What happens if a teacher has tenure in one district and
obtains employment in another district in NYS?
A: The probationary period
in the new district is now three years instead of two.
Q: What if a teacher has served in a district for at least two
years as a regular substitute classroom teacher?
A: The new law says that the probationary
period would be two years if the teacher received an APPR rating in each of the
two years of substitute service.
Q. Could boards of education grant tenure after three years
(rather than four years) and three effective or highly effective APPR ratings?
A: It is not clear. According to Chapter 56, tenure
determinations are dependent upon receiving an APPR rating of effective or
highly effective in the fourth and final year of probation. However, it
could be argued that a school board could grant tenure prior to the fourth
year, based on other language in the statutes that was not amended.
Q: What happens if a teacher receives an ineffective APPR rating
in the fourth and final year of probation?
A: The board of education
may extend the probationary period for another (fifth) year. If the teacher
successfully appeals the ineffective rating, the teacher would be immediately
eligible for tenure. The law does not prohibit additional years of
probation beyond five.
Q: What is 3020-a and how does it relate to Due Process?
A: Education Law § 3020-a governs the disciplinary procedures
of tenured teachers and administrators (except superintendents) and provides
due process. Due process consists of the minimum procedural requirements that
each public school district must satisfy when dismissing a teacher who has
attained tenure. Due process is one of the core foundations of our judicial
system. Similar safeguards are in place to ensure police officers, firefighters
and other public servants at the state and local levels cannot be arbitrarily
dismissed based on allegations alone, or for politically motivated reasons. Due
process and tenure are NOT a job protection for life.
Q. What are the due process requirements concerning charges of
incompetence or misconduct under § 3020-a?
·
Charges in writing filed with the school district during the
school year.
·
Within five days of receipt of charges, the Board of Education
determines if there is probable cause to bring disciplinary proceedings.
·
If yes, a written notice sent to the employee detailing charges,
the penalty imposed if employee waives hearing, and the employee’s rights, sent
by certified or registered mail.
·
The employee may be suspended with pay (there are exceptions,
see below).
·
Within 10 days of receipt of charges, the employee will notify
the district in writing if they request a hearing.
·
The district will notify the Commissioner within 3 (working)
days of the need for a hearing.
·
If the employee waives the hearing, the employing board
determines the outcome in 15 days.
·
If the employee demands a hearing, such hearing is held before
an impartial hearing officer. Different rules apply to the hearing itself
depending upon the nature of the charges.
Summary
of Changes in the Tenured Teacher Removal Process
Hearings
to discipline or remove tenured teachers in NYS for alleged incompetency or
misconduct are commonly referred to as the 3020-a process, referring to Section
3020-a of Education Law which establishes rights to due process for teachers
who have obtained tenure. Chapter 56 of the Laws of 2015 amended Section
3020 and 3020-a and adds a new Section 3020-b. The following changes are
effective with regard to charges brought on or after July 1, 2015.
Revocation of Teaching
Certification
Chapter
56 amended Section 305 of Education Law to extend the duty of the Commissioner
of Education to revoke the certification of a teacher upon certain criminal
convictions. In addition to such automatic license revocation for sex
offense convictions, the Commissioner must now also revoke certification of any
teacher convicted of a violent felony committed against a child when the child
was the intended victim.
Disciplinary Procedure
Changes
·
Hearings on all charges brought on or after July
1, 2015 will be heard by single hearing officers.
·
At the pre-hearing conference the hearing officer will set a
schedule and manner for “full and fair disclosure” of the witnesses and
evidence to be offered by the employee as part of the defense (in addition to discovery
to be disclosed by the employer as required by current law).
·
A child witness under the age of fourteen may be permitted to
testify through the use of live two-way closed circuit television if the
hearing officer determines that the witness would suffer serious mental or
emotional harm if required to testify in person.
·
Hearing officers must give serious consideration to the penalty
recommended by the employing Board. If the penalty is rejected by the
hearing officer, the rejection must reflect reasons based upon the record as
expressed in a written determination.
·
For charges of physical or sexual abuse of a student:
·
A teacher charged with physical or sexual abuse of a student
will have an expedited hearing by a single hearing officer commenced within
seven days after the pre-hearing conference and completed within 60 days after
the pre-hearing conference.
·
A teacher may be suspended without pay when
charged with physical or sexual abuse of a student pending an expedited
hearing. (This provision does not apply to New York City which has different
rules governing suspension without pay in the NYCDOE/UFT contract.)
·
When a Board of Education decides to suspend a teacher without
pay, a probable cause hearing before an impartial hearing officer must be held
within ten days to determine whether the decision to suspend without pay should
be continued or reversed. Upon a finding that probable cause does not
support the charges or suspension without pay is grossly disproportionate in
light of all surrounding circumstances, the employee would receive
reimbursement of withheld pay with any applicable interest.
·
Suspension without pay can last no longer than 120 days from the
decision of the Board of Education to suspend without pay.
·
If the hearing officer finds in the employee’s favor as a final
determination at the conclusion of the expedited hearing, the employee would
receive reimbursement of withheld pay with any applicable interest.
Streamlined Procedures
for Removing Teachers Rated “Ineffective”
·
Chapter 56 repealed the previously-established expedited hearing
process for two consecutive ineffective ratings, and added a new Education Law
§3020-b which establishes procedures for expedited hearings for teachers or
building principals charged with incompetence after receiving either two or
three consecutive ineffective overall APPR ratings under Education Law §3012-c
and/or 3012-d.
·
All charges brought on or after July 1, 2015 will be heard by a
single hearing officer.
·
Two consecutive
ineffective APPR ratings constitute “prima facie” (Latin for "at first
sight”) evidence of incompetence which establishes just cause for
removal. In such a case, a district may choose to file a
charge of incompetence. Such evidence can only be overcome by clear and
convincing evidence that the employee is not incompetent in light of all
surrounding circumstances.
·
Three consecutive
ineffective APPR ratings constitute “prima facie” evidence of incompetence
which establishes just cause for removal. In such a case, a district must file
a charge of incompetence. The evidence of three consecutive ineffective
ratings can only be overcome by clear and convincing evidence that the calculation
of one or more of the teacher’s underlying components of the APPRs was
fraudulent. Fraud in this instance shall include mistaken identity.
Questions & Answers Regarding Teacher Removal
Q: What is the
timeline for a 3020-a disciplinary hearing?
A:
Generally, the process is as follows:
Q: What are the
circumstances that can result in an expedited hearing?
A: There
are four categories of expedited hearings:
·
Expedited hearings upon revocation of a teaching certificate;
·
Expedited hearings on charges of misconduct constituting the
physical or sexual abuse of students;
·
Expedited 3020-b hearings based on two consecutive ineffective
APPR ratings; and
·
Expedited 3020-b hearings based on three consecutive ineffective
APPR ratings.
Q: What is the expedited 3020-a timeline for charges
arising from the revocation of a teaching certificate?
A:
The process is as follows with specific expedited timelines highlighted in bold:
Q: What is the “streamlined” timeline for teachers
receiving two consecutive ineffective ratings in the new 3020-b process?
A: A school district or employing board may bring
charges of incompetence against any classroom teacher or building principal who
receives two consecutive ineffective APPR ratings.
·
All such charges brought against a tenured teacher must be in
writing specifying:
·
the charges in detail;
·
the penalty imposed by the board will be dismissal if the
employee does not request a hearing; and
·
the employee’s rights under 3020-b, forwarded to the accused
employee by certified or registered mail, return receipt requested or by
personal delivery; and filed with the clerk or secretary of the school district
or employing board.
·
The school must have developed and substantially implemented a
Teacher Improvement Plan (TIP) following the first evaluation in which the
educator was rated ineffective and the immediately preceding evaluation if the
rating was developing under Education Law §3012-c and/or 3012-d.
·
The parties jointly select the hearing officer within seven days
after receiving a list of potential hearing officers from the Commissioner.
(The Commissioner must appoint the hearing officer if the two parties are
unable to agree.)
·
The pre-hearing conference must be held within seven days after
the appointment of the hearing officer.
·
The hearing must begin within seven days of the pre-hearing
conference.
·
The final hearing date must be within 90 days of the employee’s
request for a hearing. Adjournments beyond the 90 day period may be
granted if the hearing officer determines that the delay is due to
circumstances beyond the control of the requesting party and an injustice would
result if the adjournment were not granted.
·
The hearing officer must render a decision within 10 days of the
last day of the hearing.
·
Within 15 days of receipt of decision, the school board must
implement the decision.
·
Not later than ten days after receipt of the decision, an appeal
may be made to the State Supreme Court to vacate or modify the decision.
Q: What
is the “streamlined” timeline for teachers receiving three consecutive
ineffective ratings in the new 3020-b process?
A: A school district or employing board must bring
charges of incompetence against any classroom teacher or building principal who
receives three consecutive ineffective APPR ratings.
·
All charges brought against a tenured teacher must be in writing
specifying:
·
the charges in detail;
·
the penalty imposed by the board will be dismissal if the
employee does not request a hearing; and
·
the employee’s rights under 3020-b, forwarded to the accused
employee by certified or registered mail, return receipt requested or by
personal delivery; and filed with the clerk or secretary of the school district
or employing board.
·
The Commissioner of Education selects the hearing officer, not
the parties.
·
The final hearing date must be within 30 days after the date of
the employee’s request for a hearing. Adjournments beyond the 30 day period may
be granted if the hearing officer determines that the delay is due to
circumstances beyond the control of the requesting party and an injustice would
result if the adjournment were not granted.
·
The hearing officer must render a decision within 10 days of the
last day of the hearing.
·
Within 15 days of receipt of decision, the school board must
implement the decision.
·
Not later than ten days after receipt of the decision, an appeal
may be made to the State Supreme Court to vacate or modify the decision.
Q: How
are “days” defined?
A: Days
are calendar days unless specified otherwise.
Q: How
is “teacher” defined?
A: For
disciplinary purposes, a teacher is any professional educator holding a
teaching certificate including but not limited to a classroom teacher, teaching
assistant, pupil personnel services professional, school administrator or
supervisor or superintendent of schools.
For
incompetence procedures based upon the APPR process, it would only include
classroom teachers subject to the APPR process under Section 3012-c or 3012-d
of the Education Law.
Q: What
are “Cadet Rights”?
A: The 3020-a hearing process
is the sole method by which tenured teachers can be disciplined in NYS, and the
statute provides that no teacher can be compelled to testify at the
hearing. Consequently, it has been established that a teacher can refuse
to answer questions, without being found insubordinate, during an investigation
that the teacher believes could lead to such disciplinary action. Known
as Cadet Rights, this principle was established through a disciplinary case
involving a tenured teacher who was found guilty of misconduct through a 3020-a
hearing. However, the decision of the hearing officer to dismiss a charge
of insubordination was appealed by the school district. The
insubordination charge was related to the teacher’s refusal to answer questions
during an investigation prior to the hearing In the appeal decision, the
Commissioner of Education agreed that a teacher need not answer questions
in any pre-hearing investigation which precedes a 3020-a hearing.
The decision was in turn affirmed by the courts.
·
Continue to look for additional analysis and information through
NYSUT’s Leader and Member Briefings and presentations at regional conferences.
·
Specific questions about tenure and teacher removal as a result
of disciplinary issues or the APPR process should be referred to your NYSUT
Labor Relations Specialist (LRS).
·
Chapter 56 of the Laws of 2015 can be found at:
See
Part EE for the Education Transformation Act of 2015. Within Part EE,
Subpart D details the teacher tenure provisions and Subpart G details the
teacher removal provisions.
[1] Education Week, Quality Counts
2012.
