resources - educators > teacher tenure hearings (3020a)

Role of School District Clerk

Section 3020-a of the Education Law requires the school district clerk or the secretary of the board of education to perform certain procedural steps to implement its provisions. This section of the law authorizes hearings, on charges brought against tenured school employees, to be held before a single hearing officer or a three member panel.

A copy of the Law and Regulations of the Commissioner of Education dealing with the hearings has been provided to each school district. Also mailed to each school district:

• the timetable,
• a list of panel members nominated by organizations representing school boards,
• school administrators, and
• school teachers and sample forms.

This memorandum is intended to provide the district clerk or the secretary of the board of education with an explanation of the steps to be followed in order to comply with the provisions of Section 3020-a. Since the law mandates certain time limits for each step for the board, the district clerk or the secretary of the board as well as the employee, careful study is suggested.

First, the charges against the employee must be filed with the district clerk or the secretary of the board of education. This must be done not more than five days prior to the next regularly scheduled meeting of the board. The board may, however, in its discretion, waive the five day time requirement. As soon as the charges have been received by the district clerk or the secretary of the board of education, he or she must immediately notify the board of education that they have been filed.

Within five days of receipt of charges, the board of education must meet in executive session to determine whether or not there is probable cause for the charges filed; a majority vote is required if probable cause is to be found by the board.

If the finding of the school board is that there is probable cause for the charges, the district clerk or the secretary of the board of education must forward to the employee immediately by certified mail:

1. A copy of the Notice of Determination of Probable Cause on Charges Brought Against Tenured School District Employees (Form 3020-a-i).
    
2. A copy of the Rights of Tenured School District Employees to a Hearing on Charges Provided by Section 3020-a of the Education Law.
    
3. A copy of the Request by Tenured School District Employee for a Hearing on Charges Brought Against the Employee (Form 3020-a-2).
    
4. A copy of the Notice of Waiver of Hearing by Tenured School District Employee (Form 3020-a-3).

Copies of all forms may be reproduced locally.

The district clerk or the secretary of the board of education must also forward a copy of each such charge in writing, together with the vote of each member of the board to the Commissioner of Education at once by first class mail.

Within ten days of the receipt of the statement of charges, the employee must notify the district clerk or the secretary of the board of education whether or not he or she desires a hearing on the charges. If the employee desires to waive his right to a hearing, he should file a notice of motion to waive his right to a hearing with the district clerk or the secretary of the board of education, and submit a copy to the Commissioner of Education. If the employee takes no action within ten days of receipt of charges, he shall be deemed to have waived his right to a hearing.

If the employee is deemed to have waived his right to a hearing, the district clerk or the secretary of the board of education shall immediately forward to the Commissioner a Notice of Failure to Request or Waive Hearing (Form 3020-a-4). A copy of this form must also be immediately forwarded by certified mail to the employee.

If the employee waives or is deemed to have waived his right to a hearing, the board shall determine the case within fifteen days of the receipt of the waiver or within fifteen days of the date when the waiver shall have been deemed to have occurred. The district clerk or the secretary of the board of education shall then forward a report of the board’s determination to both the employee and the Commissioner of Education.

If the employee decides that he would prefer to have a hearing, the district clerk or the secretary of the board of education is required to:

1. Forward to the Commissioner at once by first class mail:
2.  
   1. An affidavit of service showing service of a copy of the charges upon the employee.
       
   2. A copy of the employee’s request for a hearing (Form 3020a-2).
       
   3. A notice of the need for a hearing (Form 3020a-5).
       
   4. The place to be provided by the board for holding the hearing, within the school district or the county seat; (Form 3020a-5).
       
   5. Name, address and telephone number of the attorney, if any, who will represent the complainant at the hearing; (Form 3020a-5).
       
   6. The name of the panel member selected by the school board, if applicable; (Form 3020a-6).
       
   7. Whether an expedited hearing is sought, and whether the employee is suspended, either with or without pay.
       
   8. An estimate of the number of days needed for the hearing.
       
3. Forward to the Employee by certified mail, return receipt requested:
4.  
   1. The place to be provided by the board for holding the hearing.
       
   2. The name and address of the attorney, if any, who will represent the complainant at the hearing.
       
   3. Whether an expedited hearing is sought, and whether the employee is suspended, either with or without pay.
       
   4. An estimate of the number of days needed for the hearing.
       
   5. The name of the panel member selected by the board of education, if applicable.

Separate notification of the need for a hearing must be given to the Commissioner of Education with respect to each employee against whom charges have been filed. If the board has indicated that charges involve pedagogical incompetence or issues involving pedagogical judgement and the board fails to name a panel member in this notice, the Commissioner will appoint a panel member for the board. It is essential that a representative of the district contact the board’s selected panel member to ascertain that the panel member will be available for the duration of the hearing.

Within five days after receiving the copy of the notice of the need for a hearing that includes charges of pedagogical incompetence or issues involving pedagogical judgement, the employee must notify the Commissioner of Education and the school board in writing by certified mail, of the name of his selection for the hearing panel. If the employee fails to notify the Commissioner, and he has not waived his right to a panel hearing, the Commissioner will appoint a panel member for the employee.

Upon notification of the need for a hearing, the Commissioner will request that the American Arbitration Association provide a list, including a brief biography, of potential hearing officers. The Commissioner will forward a copy of such list to the attorney representing the board and the employee. Not later than ten days from the mailing of the list, the parties or their representatives shall by agreement select a hearing officer and notify the Commissioner of such selection. If the parties fail to notify the Commissioner within ten days the Commissioner shall request that the association select a hearing officer.

The district clerk or the secretary of the board of education must maintain on file an up-to-date list of the panel members supplied by the Commissioner, from which list the school board and the employee must make their respective selections. These lists of panel members shall be available for public inspection. Panel members may not be residents in nor employed in the territory under the jurisdiction of the employing school board.

The Commissioner will notify the board, employee and the panel members if applicable of the date, time and place of hearing.

At the conclusion of a hearing, the Commissioner will forward a report of the hearing, including the findings of fact and recommendations of the hearing officer or panel, and the recommendations as to penalty or punishment, if one is warranted, to the employee and to the district clerk or secretary of the board of education. The district clerk or the secretary of the board of education should transmit this hearing report immediately upon his or her receipt of said report, to the board of education.

Within 15 days of receipt of the hearing report from the Commissioner, the board shall implement the recommendations of the panel.

This concludes the school district clerk’s and the secretary of the board of education’s role in the panel hearing procedure. If the district clerk or the secretary of the board of education has need of further information, he or she should immediately contac the Teacher Tenure Hearing (3020a) Unit at:

The State Education Department
Room 981, Education Building Annex
Albany, New York 12234
Phone: 518-473-2998
Email:  tenure@mail.nysed.gov .