3020 - Discipline of teachers.

§ 3020. Discipline of  teachers. 1. No person enjoying the benefits of  tenure shall be disciplined or  removed  during  a  term  of  employment  except for just cause and in accordance with the procedures specified in  section  three  thousand  twenty-a of this article or in accordance with  alternate disciplinary procedures contained in a  collective  bargaining  agreement  covering  his  or her terms and conditions of employment that  was effective on or before September first, nineteen hundred ninety-four  and  has  been  unaltered  by  renegotiation,  or  in  accordance   with  alternative disciplinary procedures contained in a collective bargaining  agreement  covering  his  or her terms and conditions of employment that  becomes  effective  on  or  after  September  first,  nineteen   hundred  ninety-four;  provided,  however,  that  any such alternate disciplinary  procedures contained in a collective bargaining agreement  that  becomes  effective  on  or  after  September first, nineteen hundred ninety-four,  must provide for the written election by  the  employee  of  either  the  procedures  specified  in  such  section  three thousand twenty-a or the  alternative  disciplinary  procedures  contained   in   the   collective  bargaining   agreement   and   must  result  in  a  disposition  of  the  disciplinary charge within the amount of  time  allowed  therefor  under  such  section  three  thousand  twenty-a;  and provided further that any  alternate disciplinary procedures contained in a  collective  bargaining  agreement  that  becomes  effective on or after July first, two thousand  ten shall provide for an  expedited  hearing  process  before  a  single  hearing  officer in accordance with subparagraph (i-a) of paragraph c of  subdivision three of section three thousand twenty-a of this article  in  cases  in which charges of incompetence are brought based solely upon an  allegation of a  pattern  of  ineffective  teaching  or  performance  as  defined  in  section  three  thousand twelve-c of this article and shall  provide that such a pattern of ineffective teaching or performance shall  constitute very significant evidence of incompetence which may form  the  basis for just cause removal.    2.  No person enjoying the benefits of tenure shall be suspended for a  fixed time without pay or  dismissed  due  to  a  violation  of  article  thirteen-E of the public health law.    3.  Notwithstanding  any inconsistent provision of law, the procedures  set forth in  section  three  thousand  twenty-a  of  this  article  and  subdivision  seven  of  section  twenty-five  hundred  ninety-j  of this  chapter may be modified or replaced by agreements negotiated between the  city  school  district  of  the  city  of  New  York  and  any  employee  organization  representing  employees or titles that are or were covered  by any memorandum of agreement executed by such city school district and  the council of supervisors and administrators of the city of New York on  or after  December  first,  nineteen  hundred  ninety-nine.  Where  such  procedures  are  so  modified  or  replaced:  (i)  compliance  with such  modification or replacement procedures shall satisfy  any  provision  in  this  chapter  that  requires  compliance  with  section  three thousand  twenty-a, (ii) any employee against whom  charges  have  been  preferred  prior  to  the  effective date of such modification or replacement shall  continue to be subject to the provisions of such section as in effect on  the  date  such  charges  were  preferred,  (iii)  the   provisions   of  subdivisions  one  and two of this section shall not apply to agreements  negotiated pursuant to this subdivision, and  (iv)  in  accordance  with  paragraph  (e)  of  subdivision one of section two hundred nine-a of the  civil service law, such modification or replacement procedures contained  in an agreement negotiated pursuant to this subdivision  shall  continue  as terms of such agreement after its expiration until a new agreement is  negotiated;   provided   that   any  alternate  disciplinary  procedures  contained in a collective bargaining agreement that becomes effective onor after July first, two thousand ten shall  provide  for  an  expedited  hearing  process  before  a  single  hearing  officer in accordance with  subparagraph (i-a) of paragraph c of subdivision three of section  three  thousand  twenty-a  of  this  article  in  cases  in  which  charges  of  incompetence are brought against a building principal based solely  upon  an  allegation  of  a  pattern of ineffective teaching or performance as  defined in section three thousand twelve-c of  this  article  and  shall  provide that such a pattern of ineffective teaching or performance shall  constitute  very significant evidence of incompetence which may form the  basis for just cause removal of the building principal.  Notwithstanding  any  inconsistent  provision  of  law, the commissioner shall review any  appeals authorized by such modification or replacement procedures within  fifteen days from receipt by such commissioner of the  record  of  prior  proceedings  in  the  matter  subject  to appeal. Such review shall have  preference over all other appeals or  proceedings  pending  before  such  commissioner.    4.   a.   Notwithstanding  any  inconsistent  provision  of  law,  the  procedures set forth in section three thousand twenty-a of this  article  and  subdivision  seven  of section twenty-five hundred ninety-j of this  chapter may be modified by agreements negotiated between the city school  district  of  the  city  of  New  York  and  any  employee  organization  representing  employees  or  titles  that  are  or  were  covered by any  memorandum of agreement executed by such city school  district  and  the  united  federation of teachers on or after June tenth, two thousand two.  Where such procedures are so modified: (i) compliance with such modified  procedures shall satisfy any provision of  this  chapter  that  requires  compliance  with  section  three thousand twenty-a of this article; (ii)  any employee against whom charges  have  been  preferred  prior  to  the  effective  date of such modification shall continue to be subject to the  provisions of such section as in effect on the date  such  charges  were  preferred;  (iii)  the  provisions  of  subdivisions one and two of this  section shall not  apply  to  agreements  negotiated  pursuant  to  this  subdivision, except that no person enjoying the benefits of tenure shall  be  disciplined  or  removed during a term of employment except for just  cause; and (iv) in accordance with paragraph (e) of subdivision  one  of  section  two  hundred  nine-a  of  the  civil service law, such modified  procedures  contained  in  an  agreement  negotiated  pursuant  to  this  subdivision  shall  continue  as  terms  of  such  agreement  after  its  expiration until a new agreement is  negotiated;  and  provided  further  that  any  alternate  disciplinary  procedures contained in a collective  bargaining agreement that becomes effective on or after July first,  two  thousand  ten  shall  provide  for an expedited hearing process before a  single  hearing  officer  in  accordance  with  subparagraph  (i-a)   of  paragraph  c  of subdivision three of section three thousand twenty-a of  this article in cases in which charges of incompetence are brought based  solely upon an allegation  of  a  pattern  of  ineffective  teaching  or  performance  as  defined  in  section  three  thousand  twelve-c of this  article and shall provide that such a pattern of ineffective teaching or  performance shall constitute very significant evidence  of  incompetence  which may form the basis for just cause removal.    b.  Any  modifications  to  the  procedures set forth in section three  thousand twenty-a of this  article  and  subdivision  seven  of  section  twenty-five hundred ninety-j of this chapter shall not change the manner  in  which  the  fees  and  expenses  of such proceedings pursuant to the  aforesaid sections are paid.