S T A T E   O F   N E W   Y O R K
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                                  1685

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 12, 2015
                               ___________

Introduced  by  M.  of  A.  MAGNARELLI  -- read once and referred to the
  Committee on Education

AN ACT to amend the education law, in relation to tenured teacher disci-
  pline

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph b of subdivision 2 and subdivisions 3, 4 and 5 of
section  3020-a  of the education law, as amended by section 1 of part B
of chapter 57 of the laws of 2012, is amended to read as follows:
  b. The employee may be suspended pending a hearing on the charges  and
the  final determination thereof. The suspension shall be with pay FOR A
PERIOD OF ONE HUNDRED TWENTY DAYS, except the employee may be  suspended
without  pay IMMEDIATELY if the employee has entered a guilty plea to or
has been convicted of a felony crime concerning  the  criminal  sale  or
possession  of  a  controlled  substance,  a  precursor  of a controlled
substance, or drug paraphernalia as defined in article two hundred twen-
ty or two hundred twenty-one of the penal law; or a felony crime involv-
ing the physical abuse of a minor or student.   The  employee  shall  be
terminated  without  a  hearing,  as  provided for in this section, upon
conviction of a sex offense, as defined in subparagraph two of paragraph
b of subdivision seven-a of section three hundred five of this  chapter.
To  the  extent  this  section applies to an employee acting as a school
administrator or supervisor, as defined in subparagraph three  of  para-
graph  b  of  subdivision  seven-b of section three hundred five of this
chapter, such  employee  shall  be  terminated  without  a  hearing,  as
provided  for  in  this  section,  upon  conviction  of a felony offense
defined in subparagraph two of paragraph b  of  subdivision  seven-b  of
section three hundred five of this chapter.
  3.  Hearings.  a.  Notice  of hearing. Upon receipt of a request for a
hearing in accordance with subdivision two of this section, the  commis-
sioner  shall  forthwith  notify  the  American  Arbitration Association

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01665-01-5
              

A. 1685                             2

(hereinafter "association") of the need for a hearing and shall  request
the association to provide to the commissioner forthwith a list of names
of  persons  [chosen by the association] from the association's panel of
labor arbitrators to potentially serve as hearing officers together with
relevant  biographical  information  on each arbitrator. Upon receipt of
said list and biographical information, the commissioner  shall  [forth-
with  send  a  copy  of  both  simultaneously]  WITHIN TEN BUSINESS DAYS
APPOINT A HEARING OFFICER FROM SAID LIST OF NAMES PROVIDED BY THE  ASSO-
CIATION.  UPON  APPOINTMENT,  THE  COMMISSIONER  SHALL  IMMEDIATELY SEND
NOTIFICATION OF THE HEARING OFFICER  to  the  employing  board  and  the
employee.  [The  commissioner  shall also simultaneously notify both the
employing board and the employee of  each  potential  hearing  officer's
record  in  the  last  five  cases of commencing and completing hearings
within the time periods prescribed in this section.]
  b. [(i)] APPOINTMENT. APPOINTMENT FROM SUCH LIST SHALL BE  MADE  ON  A
SEQUENTIAL  BASIS  BEGINNING WITH THE FIRST NAME APPEARING ON SUCH LIST.
SHOULD  THAT  HEARING  OFFICER  DECLINE  APPOINTMENT,  OR   IF,   WITHIN
FORTY-EIGHT  HOURS, THE HEARING OFFICER FAILS TO RESPOND OR IS UNREACHA-
BLE AFTER REASONABLE EFFORTS BY THE COMMISSIONER, EACH SUCCESSIVE  HEAR-
ING  OFFICER  WHOSE  NAME  NEXT  APPEARS ON THE LIST SHALL BE OFFERED AN
APPOINTMENT, UNTIL SUCH APPOINTMENT IS  ACCEPTED.  ARBITRATORS  MAY  NOT
ACCEPT AN APPOINTMENT UNLESS THEY ARE AVAILABLE TO COMMENCE AND COMPLETE
THE  HEARING  WITHIN  THE  TIME  FRAMES  SPECIFIED  IN  THIS SECTION. AN
ARBITRATOR'S UNEXCUSED FAILURE TO COMPLY WITH THE TIME FRAMES  SPECIFIED
IN THIS SECTION SHALL BE DEEMED GOOD AND SUFFICIENT GROUNDS FOR DISQUAL-
IFYING  HIM  OR  HER  FROM  CONSIDERATION FOR APPOINTMENT FROM SUCH LIST
SPECIFIED IN PARAGRAPH A OF THIS SUBDIVISION.  IF, AFTER COMMENCEMENT OF
A HEARING AND BY MUTUAL AGREEMENT OF THE PARTIES, THE HEARING OFFICER IS
DEEMED INCAPACITATED OR OTHERWISE UNAVAILABLE OR UNWILLING  TO  CONTINUE
THE  HEARING  OR  ISSUE THE DECISION, THE COMMISSIONER SHALL RESCIND THE
APPOINTMENT OF THE HEARING OFFICER AND APPOINT A NEW HEARING OFFICER  IN
ACCORDANCE WITH THE PROCEDURES AS SET FORTH IN THIS SUBDIVISION, AND THE
NEW  HEARING  OFFICER SHALL RESUME AND CONTINUE THE HEARING AT THE POINT
AT WHICH IT WAS INTERRUPTED.
  C. TRAINING PROGRAM. (I) THE COMMISSIONER SHALL ESTABLISH  A  TRAINING
PROGRAM WHICH SHALL BE COMPLETED TO THE SATISFACTION OF THE COMMISSIONER
AS  A  CONDITION  FOR  ELIGIBILITY FOR INCLUSION ON THE LIST OF NAMES OF
PERSONS FROM THE ASSOCIATION'S PANEL OF LABOR ARBITRATORS TO POTENTIALLY
SERVE AS HEARING OFFICERS UNDER THIS SECTION.
  (II) EFFECTIVE SIX MONTHS FROM THE EFFECTIVE  DATE  OF  THIS  SUBPARA-
GRAPH, AS A CONDITION FOR ELIGIBILITY FOR INCLUSION ON THE LIST OF NAMES
OF  PERSONS  CHOSEN  BY  THE ASSOCIATION FROM THE ASSOCIATION'S PANEL OF
LABOR ARBITRATORS TO POTENTIALLY SERVE AS A HEARING OFFICER, AN ARBITRA-
TOR SHALL:
  (A) HAVE SUCCESSFULLY COMPLETED A TRAINING PROGRAM PURSUANT TO SUBPAR-
AGRAPH (I) OF THIS PARAGRAPH;
  (B) ATTEND SUCH PERIODIC UPDATE PROGRAMS AS MAY BE  SCHEDULED  BY  THE
COMMISSIONER;
  (C)   POSSESS  KNOWLEDGE  OF,  AND  THE  ABILITY  TO  UNDERSTAND,  THE
PROVISIONS OF APPLICABLE LAW AND REGULATIONS PERTAINING  TO  THE  DISCI-
PLINE  OF  TENURED  EMPLOYEES  UNDER THIS SECTION AND ADMINISTRATIVE AND
JUDICIAL INTERPRETATIONS OF SUCH LAW AND REGULATIONS;
  (D) POSSESS KNOWLEDGE OF THE PROCEDURES INVOLVED IN CONDUCTING A HEAR-
ING, AND IN REACHING AND WRITING A DECISION AND THE ABILITY  TO  CONDUCT
HEARINGS IN ACCORDANCE WITH APPROPRIATE, STANDARD LEGAL PRACTICE; AND

A. 1685                             3

  (E)  ANNUALLY  SUBMIT,  IN  A  FORMAT  AND BY A DATE PRESCRIBED BY THE
COMMISSIONER,  A  CERTIFICATION  THAT  THE  HEARING  OFFICER  MEETS  THE
REQUIREMENTS OF THIS SUBDIVISION.
  (III)  THE COMMISSIONER SHALL ESTABLISH STANDARDS ALLOWING ARBITRATORS
TO DOCUMENT THEIR QUALIFICATION TO BE IMMEDIATELY ELIGIBLE FOR  APPOINT-
MENT FROM SUCH LIST SPECIFIED IN PARAGRAPH A OF THIS SUBDIVISION.
  D.(I)  Hearing officers.   All hearings pursuant to this section shall
be conducted before and by a single hearing officer selected as provided
for in this section. A hearing officer shall not be eligible to serve in
such position if he or she is a resident of the school  district,  other
than  the  city  of  New  York,  under the jurisdiction of the employing
board, an employee, agent or representative of the employing board or of
any labor organization representing employees of such  employing  board,
has  served as such agent or representative within two years of the date
of the scheduled hearing, or if he or she is then serving as a  mediator
or fact finder in the same school district.
  (A) Notwithstanding any other provision of law, for hearings commenced
by  the filing of charges prior to April first, two thousand twelve, the
hearing officer shall be compensated by the department with the  custom-
ary  fee  paid  for  service  as an arbitrator under the auspices of the
association for each day of actual service  plus  necessary  travel  and
other  reasonable  expenses  incurred  in  the performance of his or her
duties. All other expenses of the disciplinary proceedings commenced  by
the filing of charges prior to April first, two thousand twelve shall be
paid  in  accordance  with rules promulgated by the commissioner. Claims
for such compensation for days of actual service and  reimbursement  for
necessary travel and other expenses for hearings commenced by the filing
of  charges prior to April first, two thousand twelve shall be paid from
an appropriation for such purpose in the order in which they  have  been
approved  by  the commissioner for payment, provided payment shall first
be made for any other hearing costs payable by the commissioner, includ-
ing the costs of transcribing the record, and provided further  that  no
such  claim  shall  be  set  aside  for insufficiency of funds to make a
complete payment, but shall be eligible for a  partial  payment  in  one
year and shall retain its priority date status for appropriations desig-
nated for such purpose in future years.
  (B)  Notwithstanding any other provision of law, rule or regulation to
the contrary, for hearings commenced by the  filing  of  charges  on  or
after  April  first,  two  thousand twelve, the hearing officer shall be
compensated by the department for each day of actual service plus neces-
sary travel and other reasonable expenses incurred in the performance of
his or her duties, provided that  the  commissioner  shall  establish  a
schedule  for maximum rates of compensation of hearing officers based on
customary and reasonable fees for service as an arbitrator  and  provide
for limitations on the number of study hours that may be claimed.
  (ii)  The  commissioner  shall  mail  to  the  employing board and the
employee the list of potential hearing officers and biographies provided
to the commissioner by the association,  the  employing  board  and  the
employee, individually or through their agents or representatives, shall
by  mutual  agreement select a hearing officer from said list to conduct
the hearing and shall notify the commissioner of their selection.
  (iii) Within fifteen days after receiving the list of potential  hear-
ing  officers  as  described in subparagraph (ii) of this paragraph, the
employing board and the employee shall each notify the  commissioner  of
their agreed upon hearing officer selection. [If the employing board and
the  employee fail to agree on an arbitrator to serve as a hearing offi-

A. 1685                             4

cer from the list of potential hearing officers, or fail to  notify  the
commissioner  of  a  selection  within such fifteen day time period, the
commissioner shall  appoint  a  hearing  officer  from  the  list.]  The
provisions  of  this subparagraph shall not apply in cities with a popu-
lation of one million or more with alternative procedures  specified  in
section three thousand twenty of this article.
  [(iv)  In those cases in which the employee elects to have the charges
heard by a hearing panel, the hearing panel shall consist of the hearing
officer, selected in accordance with this  subdivision,  and  two  addi-
tional  persons,  one  selected  by the employee and one selected by the
employing board, from a list maintained for such purpose by the  commis-
sioner. The list shall be composed of professional personnel with admin-
istrative  or supervisory responsibility, professional personnel without
administrative or supervisory responsibility, chief  school  administra-
tors,  members  of  employing  boards  and others selected from lists of
nominees  submitted  to  the  commissioner  by  statewide  organizations
representing  teachers,  school  administrators  and supervisors and the
employing boards. Hearing panel members other than the  hearing  officer
shall  be  compensated  by  the  department  at  the rate of one hundred
dollars for each day of actual service plus necessary travel and subsis-
tence expenses. The hearing officer shall be compensated as set forth in
this subdivision. The hearing officer shall be the  chairperson  of  the
hearing panel.
  c.]  E.  Hearing  procedures.  (i) (A) The commissioner shall have the
power to establish necessary rules and procedures  for  the  conduct  of
hearings under this section.
  (B)  The  department  shall be authorized to monitor and investigate a
hearing officer's compliance with statutory timelines pursuant  to  this
section. The commissioner shall annually inform all hearing officers who
have heard cases pursuant to this section during the preceding year that
the time periods prescribed in this section for conducting such hearings
are  to  be strictly followed. A record of continued failure to commence
and complete hearings within the time periods prescribed in this section
shall be considered grounds for the commissioner to exclude  such  indi-
vidual from the list of potential hearing officers sent to the employing
board and the employee for such hearings.
  (C)  Such  rules  shall not require compliance with technical rules of
evidence. Hearings shall be conducted by the hearing officer  [selected]
APPOINTED pursuant to [paragraph] PARAGRAPHS A AND b of this subdivision
with  full  and  fair disclosure of [the nature of the case and evidence
against the employee]  ALL  MATERIAL  RELEVANT  TO  THE  PROSECUTION  OR
DEFENSE  OF  THIS  ACTION  by the [employing board] PARTIES TEN BUSINESS
DAYS PRIOR TO THE FIRST HEARING DATE and shall be public or  private  at
the  discretion  of  the  employee. The employee shall have a reasonable
opportunity to defend himself or herself and an opportunity  to  testify
in his or her own behalf. The employee shall not be required to testify,
HOWEVER, THIS RIGHT SHALL NOT BE CONSTRUED TO MEAN THAT THE EMPLOYEE MAY
REFUSE  TO COOPERATE IN THE EMPLOYING SCHOOL DISTRICT'S INVESTIGATION OF
ALLEGATIONS OF MISCONDUCT OR INCOMPETENCE RAISED  AGAINST  HIM  OR  HER.
Each party shall have the right to be represented by counsel, to subpoe-
na  witnesses, and to cross-examine witnesses. All testimony taken shall
be under oath which the hearing officer is hereby authorized to adminis-
ter.
  (D) An accurate record of the proceedings shall be kept at the expense
of the department at each such hearing  in  accordance  with  the  regu-
lations of the commissioner. A copy of the record of the hearings shall,

A. 1685                             5

upon  request, be furnished without charge to the employee and the board
of education involved. The department shall be authorized to utilize any
new technology or such other appropriate means to transcribe  or  record
such  hearings  in  an  accurate, reliable, efficient and cost-effective
manner without  any  charge  to  the  employee  or  board  of  education
involved.
  (i-a)(A) Where charges of incompetence are brought based solely upon a
pattern of ineffective teaching or performance of a classroom teacher or
principal,  as  defined in section three thousand twelve-c of this arti-
cle, the hearing shall be conducted before and by a single hearing offi-
cer in an expedited hearing, which  shall  commence  within  seven  days
after  the  pre-hearing conference and shall be completed within [sixty]
ONE HUNDRED TWENTY days after the pre-hearing  conference.  The  hearing
officer shall establish a hearing schedule at the pre-hearing conference
to  ensure  that  the expedited hearing is completed within the required
timeframes and to ensure an equitable distribution of days  between  the
employing board and the charged employee. Notwithstanding any other law,
rule  or regulation to the contrary, no adjournments may be granted that
would extend the hearing beyond such [sixty] ONE  HUNDRED  TWENTY  days,
except  as  authorized  in  this  subparagraph.  A hearing officer, upon
request, may grant a limited and time specific  adjournment  that  would
extend  the  hearing  beyond such [sixty] ONE HUNDRED TWENTY days if the
hearing officer determines that the delay is attributable to  a  circum-
stance  or occurrence substantially beyond the control of the requesting
party and an injustice would result if the adjournment were not granted.
  (B) Such charges shall allege that the employing board  has  developed
and substantially implemented a teacher or principal improvement plan in
accordance  with  subdivision four of section three thousand twelve-c of
this article for the employee following the first  evaluation  in  which
the employee was rated ineffective, and the immediately preceding evalu-
ation  if  the  employee was rated developing. Notwithstanding any other
provision of law to the contrary, a pattern of ineffective  teaching  or
performance  as defined in section three thousand twelve-c of this arti-
cle shall constitute  very  significant  evidence  of  incompetence  for
purposes  of  this  section.  Nothing  in  this  subparagraph  shall  be
construed to limit the defenses which the employee may place before  the
hearing  officer  in challenging the allegation of a pattern of ineffec-
tive teaching or performance.
  (C) The commissioner shall annually inform all  hearing  officers  who
have heard cases pursuant to this section during the preceding year that
the  time  periods  prescribed in this subparagraph for conducting expe-
dited hearings are to be strictly followed. A record of continued  fail-
ure  to commence and complete expedited hearings within the time periods
prescribed in this subparagraph shall  be  considered  grounds  for  the
commissioner to exclude such individual from the list of potential hear-
ing officers sent to the employing board and the employee for such expe-
dited hearings.
  (ii)  The  hearing  officer  [selected] APPOINTED to conduct a hearing
under this section shall, within [ten to fifteen] THIRTY days of  agree-
ing to serve in such position, hold a pre-hearing conference which shall
be  held  in  the  school  district or county seat of the county, or any
county, wherein the employing school board is located.  The  pre-hearing
conference shall be limited in length to one day except that the hearing
officer, in his or her discretion, may allow one additional day for good
cause shown.

A. 1685                             6

  (iii) At the pre-hearing conference the hearing officer shall have the
power to:
  (A) issue subpoenas;
  (B)  hear and decide all motions, including but not limited to motions
to dismiss the charges;
  (C) hear and decide  all  applications  for  bills  of  particular  or
requests  for production of materials or information, including, but not
limited to, any witness statement (or statements), investigatory  state-
ment  (or statements) or note (notes), exculpatory evidence or any other
evidence, including district or student records, relevant  and  material
to the employee's defense.
  (iv) Any pre-hearing motion or application relative to the sufficiency
of  the  charges,  application  or amendment thereof, or any preliminary
matters shall be made upon written notice to the hearing officer and the
adverse party no less than five days prior to the date of the  pre-hear-
ing  conference.  Any  pre-hearing  motions  or applications not made as
provided for herein shall be deemed waived  except  for  good  cause  as
determined by the hearing officer.
  (v)  [In  the  event  that at the pre-hearing conference the employing
board presents evidence that the professional license  of  the  employee
has  been revoked and all judicial and administrative remedies have been
exhausted or foreclosed, the hearing officer shall  schedule  the  date,
time  and  place  for an expedited hearing, which hearing shall commence
not more than seven days after  the  pre-hearing  conference  and  which
shall  be limited to one day. The expedited hearing shall be held in the
local school district or county seat of the county or any county, where-
in the said employing board is located. The expedited hearing shall  not
be  postponed  except upon the request of a party and then only for good
cause as determined by the hearing officer. At such hearing, each  party
shall  have  equal  time  in  which to present its case.] ALL RULINGS ON
SUBSTANTIVE MOTIONS SHALL BE PLACED ON THE RECORD WITH A  FULL  EXPLANA-
TION OF THE HEARING OFFICER'S REASONING.
  (vi)  During  the  pre-hearing  conference,  the hearing officer shall
determine the reasonable amount of time necessary for a final hearing on
the charge or charges and  shall  schedule  the  location,  time(s)  and
date(s)  for  the  final hearing. The final hearing shall be held in the
local school district or county seat of the county, or any county, wher-
ein the said employing school board is located. In the  event  that  the
hearing  officer  determines  that  the  nature of the case requires the
final hearing to last more than one day, the days that are scheduled for
the final hearing shall be consecutive. The day or  days  scheduled  for
the  final  hearing  shall not be postponed except upon the request of a
party and then only for good cause shown as determined  by  the  hearing
officer.  In  all  cases,  the final hearing shall be completed no later
than [sixty] ONE HUNDRED TWENTY days after  the  pre-hearing  conference
unless  the  hearing officer determines that extraordinary circumstances
warrant a limited extension.
  (vii) All evidence shall  be  submitted  by  all  parties  within  one
hundred  twenty-five  days  of  the  filing of charges and no additional
evidence shall be accepted after such time, absent extraordinary circum-
stances beyond the control of the parties.
  d. Limitation on claims. Notwithstanding any other provision  of  law,
rule  or  regulation  to  the contrary, no payments shall be made by the
department pursuant to this subdivision on or  after  April  first,  two
thousand  twelve  for:  (i) compensation of a hearing officer or hearing
panel member, (ii) reimbursement  of  such  hearing  officers  or  panel

A. 1685                             7

members  for  necessary  travel  or  other expenses incurred by them, or
(iii) for other hearing expenses on a claim  submitted  later  than  one
year  after the final disposition of the hearing by any means, including
settlement, or within ninety days after the effective date of this para-
graph,  whichever  is later; provided that no payment shall be barred or
reduced where such payment is required as a result of a court  order  or
judgment or a final audit.
  4.  Post  hearing  procedures.  a.  The hearing officer shall render a
written decision within thirty days of the last day of the  final  hear-
ing,  [or  in  the  case of an expedited hearing within ten days of such
expedited hearing,] and shall forward a copy thereof to the commissioner
who shall immediately forward copies of the decision to the employee and
to the clerk or secretary of the employing board. The  written  decision
shall include the hearing officer's findings of fact on each charge, his
or her conclusions with regard to each charge based on said findings and
shall  state what penalty or other action, if any, shall be taken by the
employing board. At the request of the employee, in determining what, if
any, penalty or other action shall be imposed, the hearing officer shall
consider the extent to which the employing board  made  efforts  towards
correcting  the behavior of the employee which resulted in charges being
brought under this section through means including but not  limited  to:
remediation,  peer intervention or an employee assistance plan. In those
cases where a penalty is imposed, such penalty may be a  written  repri-
mand,  a fine, suspension for a fixed time without pay, or dismissal. In
addition to or in lieu of  the  aforementioned  penalties,  the  hearing
officer, where he or she deems appropriate, may impose upon the employee
remedial  action  including but not limited to leaves of absence with or
without pay, continuing education and/or study, a requirement  that  the
employee  seek  counseling  or  medical  treatment  or that the employee
engage in any other remedial or combination of remedial actions.
  b. Within fifteen days of receipt of the  hearing  officer's  decision
the  employing  board  shall  implement the decision. If the employee is
acquitted he or she shall be restored to his or her position  with  full
pay  for  any  period of suspension without pay and the charges expunged
from the employment record. If an employee who was convicted of a felony
crime specified in paragraph b of subdivision two of this  section,  has
said conviction reversed, the employee, upon application, shall be enti-
tled to have his or her pay and other emoluments restored, for the peri-
od from the date of his or her suspension to the date of the decision.
  c.  The  hearing officer shall indicate in the decision whether any of
the charges brought by the employing board were frivolous as defined  in
section  eighty-three  hundred  three-a  of  the  civil practice law and
rules. If the hearing officer finds that  all  of  the  charges  brought
against the employee were frivolous, the hearing officer shall order the
employing  board  to  reimburse the department the reasonable costs said
department incurred as a result of the proceeding and to  reimburse  the
employee  the  reasonable costs, including but not limited to reasonable
attorneys' fees, the employee incurred in defending the charges. If  the
hearing  officer  finds  that  some  but  not all of the charges brought
against the employee were frivolous, the hearing officer shall order the
employing board to reimburse the department a portion, in the discretion
of the hearing officer, of the reasonable costs  [said]  THE  department
incurred  as  a result of the proceeding and to reimburse the employee a
portion, in the discretion of the hearing  officer,  of  the  reasonable
costs,  including  but  not  limited  to reasonable attorneys' fees, the
employee incurred in defending the charges.

A. 1685                             8

  5. Appeal. a. Not later than ten days after  receipt  of  the  hearing
officer's  decision,  THE  EMPLOYEE  OR  THE EMPLOYING BOARD MAY MAKE AN
APPLICATION FOR REVIEW OF THE HEARING OFFICER'S DECISION  TO  THE  STATE
TENURED TEACHERS AND ADMINISTRATORS DISCIPLINARY REVIEW PANEL, (HEREAFT-
ER  REFERRED  TO  IN  THIS  SUBDIVISION  AS THE "PANEL"), ESTABLISHED IN
ACCORDANCE WITH SUBDIVISION FIFTY-THREE OF SECTION THREE HUNDRED FIVE OF
THIS CHAPTER, AND THE RULES AND REGULATIONS PROMULGATED BY  THE  COMMIS-
SIONER.  THE PANEL MAY MODIFY OR REVERSE THE DECISION OF A HEARING OFFI-
CER AS APPROPRIATE TO PROPERLY EFFECTUATE THE PURPOSES OF THIS  SECTION.
THE DECISIONS OF THE PANEL SHALL CONSTITUTE BINDING DECISIONAL LAW UNTIL
MODIFIED  OR REVERSED ON APPEAL BY EITHER PARTY BY A STATE SUPREME COURT
OR BY AN APPELLATE COURT ON FURTHER APPEAL.  PANEL  DECISIONS  SHALL  BE
PUBLISHED  PURSUANT  TO RULES AND REGULATIONS PROMULGATED BY THE COMMIS-
SIONER AND IN THE SAME MANNER AS  ADMINISTRATIVE  DECISIONS  FROM  OTHER
STATE AGENCIES.
  B. NOT LATER THAN TEN DAYS AFTER RECEIPT OF THE DECISION OF THE PANEL,
the  employee  or the employing board may make an application to the New
York state supreme court to vacate or modify the decision of the  [hear-
ing  officer]  PANEL  pursuant to section seventy-five hundred eleven of
the civil practice law and rules. [The court's review shall  be  limited
to  the grounds set forth in such section.] The [hearing] panel's deter-
mination shall be deemed to be final for the purpose of such proceeding.
  [b.] C. In no case shall the filing or the  pendency  of  an  [appeal]
APPLICATION FOR REVIEW BY THE PANEL OR AN APPEAL TO THE COURTS delay the
implementation of the decision of the hearing officer.
  S  2.  Section  3020-a of the education law is amended by adding a new
subdivision 6 to read as follows:
  6. IMMEDIATE REMOVAL. (A) NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,
A  PERSON  ENJOYING  THE  BENEFITS  OF TENURE AS PROVIDED IN SUBDIVISION
THREE OF SECTION ELEVEN HUNDRED  TWO,  OR  SECTION  TWENTY-FIVE  HUNDRED
NINE,  TWENTY-FIVE  HUNDRED SEVENTY-THREE, TWENTY-FIVE HUNDRED NINETY-J,
THREE THOUSAND TWELVE OR THREE THOUSAND FOURTEEN OF THIS  CHAPTER  SHALL
LOSE  SUCH  BENEFITS AND SHALL BE IMMEDIATELY REMOVED FROM EMPLOYMENT BY
THE EMPLOYING BOARD OF EDUCATION UPON CONVICTION OF ANY OFFENSE  RELATED
TO  CHILD  ABUSE;  CHILD  ABUSE  IN AN EDUCATIONAL SETTING AS DEFINED IN
SECTION ELEVEN HUNDRED TWENTY-FIVE OF THIS CHAPTER; OR ANY OTHER  FELONY
OFFENSE  THAT AFFECTS THE OPERATION OF A SCHOOL DISTRICT; OR, UPON REVO-
CATION OF A PROFESSIONAL CERTIFICATE PURSUANT TO  SUBDIVISION  SEVEN  OF
SECTION THREE HUNDRED FIVE OF THIS CHAPTER.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, NO PERSON ENJOYING THE
BENEFITS  OF  TENURE  AS PROVIDED IN SUBDIVISION THREE OF SECTION ELEVEN
HUNDRED TWO, OR SECTION TWENTY-FIVE HUNDRED  NINE,  TWENTY-FIVE  HUNDRED
SEVENTY-THREE,  TWENTY-FIVE  HUNDRED  NINETY-J, THREE THOUSAND TWELVE OR
THREE THOUSAND FOURTEEN OF THIS CHAPTER WHO FAILS TO RECEIVE  A  PROFES-
SIONAL CERTIFICATE WITHIN THE STATUTORY TIMEFRAME AS REQUIRED BY SECTION
THREE  THOUSAND  FOUR OF THIS ARTICLE SHALL RETAIN SUCH BENEFITS AND MAY
BE IMMEDIATELY REMOVED FROM EMPLOYMENT BY A BOARD OF EDUCATION.
  (C) ANY EMPLOYEE OF A SCHOOL DISTRICT SUBJECT TO IMMEDIATE TERMINATION
UNDER THE PROVISIONS OF THIS SECTION SHALL HAVE FIVE BUSINESS DAYS  FROM
THE  NOTICE  OF  TERMINATION  IN  WHICH  TO PROVIDE DOCUMENTARY EVIDENCE
ESTABLISHING TO THE SATISFACTION OF THE EMPLOYING BOARD THAT HE  OR  SHE
IS  NOT  THE  SAME INDIVIDUAL REFERENCED IN THE ACTION TRIGGERING HIS OR
HER REMOVAL.
  S 3. Section 305 of the education law  is  amended  by  adding  a  new
subdivision 53 to read as follows:

A. 1685                             9

  53.  (A)  THE  COMMISSIONER SHALL ESTABLISH THE STATE TENURED TEACHERS
AND ADMINISTRATORS DISCIPLINARY REVIEW PANEL, (HEREAFTER REFERRED TO  IN
THIS  SUBDIVISION  AS  THE  "PANEL"). THE PANEL SHALL CONSIST OF NO LESS
THAN THREE MEMBERS APPOINTED BY THE COMMISSIONER. PANEL MEMBERS SHALL BE
EMPLOYED BY THE DEPARTMENT AND THEIR SALARY SHALL BE DETERMINED AND PAID
BY THE DEPARTMENT.
  (B) PANEL MEMBERS SHALL:
  (I)  SUCCESSFULLY  COMPLETE  A  TRAINING  PROGRAM  ESTABLISHED  BY THE
COMMISSIONER AND ATTEND SUCH ADDITIONAL  TRAINING  PROGRAMS  AS  MAY  BE
REQUIRED BY THE COMMISSIONER;
  (II) POSSESS KNOWLEDGE OF AND THE ABILITY TO UNDERSTAND THE PROVISIONS
OF  APPLICABLE  LAW  AND  REGULATIONS  PERTAINING  TO  THE DISCIPLINE OF
TENURED EMPLOYEES UNDER THIS SECTION, AND  ADMINISTRATIVE  AND  JUDICIAL
INTERPRETATIONS OF SUCH LAWS AND REGULATIONS;
  (III)  POSSESS  KNOWLEDGE  OF  THE PROCEDURES INVOLVED IN CONDUCTING A
HEARING UNDER THIS SECTION; AND
  (IV) POSSESS THE ABILITY TO RENDER AND WRITE DECISIONS  IN  ACCORDANCE
WITH APPROPRIATE STANDARD LEGAL PRACTICE.
  S 4. This act shall take effect immediately.