New York (State). Education Dept. Office of School District Employer-Employee Relations.

Education Law Sect. 3020-a describes the hearing procedures for public school teachers or other employees protected by tenure who are formally charged by a school district or other governing board (e.g., BOCES) with "neglect of duty, incapacity to teach, immoral conduct," or other sufficient cause. Upon receipt of charges prepared by the local district superintendent, the school board votes whether probable cause exists for preferring the charges. If the board sustains the charges, the employee is notified and has the right to a hearing on the charges. If a hearing is requested, the School District Employer-Employee Relations Unit arranges it.

A hearing panel of three members hears and decides the case. One panel member is selected by the school board, one by the employee, and the third, an arbiter employed by the American Arbitration Association, is selected by agreement of both parties (or by the commissioner of education if the parties can not agree). If the employee is found guilty of some or all of the charges, the hearing panel may recommend any of several penalties: reprimand; fine; suspension with or without pay; or dismissal. Either party may appeal, either to the commissioner of education or to the courts under Art. 78 of the Civil Practice Law and Rules.

Prior to 1977 hearing panels had only the power to recommend a decision; the school board or BOCES decided the case. Since 1977 the hearing panels' decisions have been final subject to appeal and have had the force of law.

From the description of Reference file of decisions in tenured teacher disciplinary cases, 1971-1986. (New York State Archives). WorldCat record id: 78001127