8/1/12 N.Y. St. Reg. EDU-19-12-00004-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of Subpart 82-1 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 207(not subdivided), 305(1) and (2), and 3020-a, as amd. by L. 2012, ch. 57, part B
Subject:
Procedures for hearings on charges against tenured school employees.
Purpose:
To implement the provisions of the new law relating to the appointment of hearing officers and reimbursement of hearing expenses.
Text or summary was published
in the May 9, 2012 issue of the Register, I.D. No. EDU-19-12-00004-EP.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Mary Gammon, New York State Education Department, 89 Washington Avenue, Albany, NY 12234, (518) 474-6400, email:
legal@mail.nysed.govAssessment of Public Comment
Since publication of a Notice of Proposed Rule Making in the State Register on May 9, 2012 the State Education Department received the following comment on the proposed amendments.
COMMENT: The proposed amendment to the regulation strives to shorten the length of time to conduct a 3020-a disciplinary process. We fully appreciate both that focus and the effort. However, a careful analysis by our Chief School Officers and consultation with our supporting labor relations attorneys leave us with the sense that the regulation is still full of exceptions to the time line that will not result in a shorter process. We strongly recommend that the amendment limit the period of time that an employee who is charged under the provisions of 3020-a be compensated. If the goal is to limit the process to 125 days from charge to resolution, then limit employee compensate to 180 days. This will be a motivator to significantly reduce use of the exceptions and both sides will demand quick resolution to the charge(s).
RESPONSE: The proposed amendment implements the provisions of Chapter 57 of the Laws of 2012. We would need a statutory amendment to further limit employee compensation to 180 days.
