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Wednesday, July 08, 2015

Education Department posts proposed Probationary Appointments and Tenured Teacher Disciplinary Hearing Regulations


Education Department posts proposed Probationary Appointments and Tenured Teacher Disciplinary Hearing Regulations
EMERGENCY/PROPOSED RULE MAKING - NO HEARING(S) SCHEDULED
I.D. No. EDU-27-15-00006-EP filed June 6, 2015 effective June 23, 2015

The Education Department said that the proposed rule is necessary to conform the Commissioner’s Regulations to changes in the Education Law enacted in Subparts D and G of Part EE of Chapter 56 of the Laws of 2015, relating to probationary appointments and tenured teacher hearings.It is anticipated that the proposed rule will be presented for adoption as a permanent rule at the September 16-17, 2015 Regents meeting, which is the first scheduled meeting after expiration of the 45-day public comment period prescribed in the State Administrative Procedure Act for State agency rule makings.

Full text is posted at the following State website:

The following is a summary of selected parts of the proposed rule:

§30-1.3 is amended to provide that for appointments of classroom teachers and building principals made on or after July 1, 2015, the board resolution must reflect that, except to the extent required by the applicable provisions of Education Law §§2509, 2573, 3212 and 3014, in order to be granted tenure, the classroom teacher or building principal shall have received composite or overall annual professional performance review ratings pursuant to Education Law §§ 3012-c and/or 3012-d of either effective or highly effective in at least three (3) of the four (4) preceding years and if the classroom teacher or building principal receives an ineffective composite or overall rating in the final year of the probationary period he or she shall not be eligible for tenure at that time.

The Title of Subpart 82-1 and §82-1.1 are amended to provide that Subpart 82-1 applies to hearings on charges against tenured school employees pursuant to §3020-a of the Education Law that are commenced by the filing of charges on or after August 25, 1994 and prior to July 1, 2015.

A new Subpart 82-3 is added, relating to hearings on charges against tenured school employees pursuant to §3020-a of the Education Law that are commenced by the filing of charges on or after July 1, 2015. §82-3.1, Application of this Subpart, provides that Subpart 80-3 applies to hearings on charges against tenured school employees pursuant to §§3020-a and 3020-b of the Education Law that are commenced by the filing of charges on or after July 1, 2015.

§82-3.10 establishes procedures for probable cause hearings related to suspensions without pay of employees charged with misconduct constituting the physical or sexual abuse of a student.

Other sections provide for requesting a hearing; sets forth the requirements andprocedures for requesting a hearing;  the appointment of hearing officer in standard andexpedited §3020-a proceedings and similar procedural matters addressing disciplinary actions taken against educators and administrators.

Text of rule and any required statements and analyses may be obtained from: Kirti Goswami, State Education Department, Office of Counsel, State Education Building, Room 148, 89 Washington Ave., Albany, NY 12234, (518) 474-6400, email: legal@nysed.gov

Data, views or arguments may be submitted to Peg Rivers, State Education Department, Office of Higher Education, Room 979 EBA, 89 Washington Ave., Albany, NY 12234, (518) 486-3633, email: regcomments@nysed.gov

Public comment will be received until 45 days after publication of this Notice. [Notice was published in the NYS Register dated July 8, 2015.]

Handbooks focusing on State and Municipal Public Personnel Law continue to be available for purchase via the links provided below:

The Discipline Book at http://thedisciplinebook.blogspot.com/

A Reasonable Penalty Under The Circumstances at http://nypplarchives.blogspot.com

The Disability Benefits E-book: at http://section207.blogspot.com/

Layoff, Preferred Lists at http://nylayoff.blogspot.com/

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