N.Y. Comp. Codes R. & Regs. tit. 8 § 20.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 20.1 - Disqualification or removal of superintendents, teachers and other employees

(a) The school authorities of each school district shall take all necessary action to put into effect the following procedures for disqualification or removal of superintendents, teachers or other employees who violate the provisions of section 3021 of the Education Law or section 12-a of the Civil Service Law.[FN*]

(1) Prior to the appointment of any superintendent, teacher or employee, the nominating official, in addition to making due inquiry as to the candidate's academic record, professional training, experience and personal qualities, shall inquire of prior employers, and such other persons as may be in a position to furnish pertinent information, as to whether the candidate is known to have violated the aforesaid statutory provisions, including the provisions with respect to membership in organizations listed by the Board of Regents as subversive in accordance with subdivision (b) of this section. No person who is found to have violated the said statutory provisions shall be eligible for employment.

(2) The school authorities shall require one or more of the officials in their employ, whom they shall designate for such purpose, to submit to them in writing, not later than October 31, 1949, and not later than September 30th of each school year thereafter, a report on each teacher or other employee. Such report shall either:

(i) state that there is no evidence indicating that such teacher or other employee has violated the statutory provisions herein referred to, including the provisions with respect to membership in organizations listed by the Regents as subversive in accordance with subdivision (b) of this section; or

(ii) where there is evidence indicating a violation of said statutory provisions, including membership in such a subversive organization, recommend that action be taken to dismiss such teacher or other employee, on the ground of a specified violation or violations of the law.

(3) The school authorities shall themselves prepare such reports on the superintendent of schools and such other officials as may be directly responsible to them, including the officials designated by them in accordance with paragraph (2) of this subdivision.

(4) The school authorities shall proceed as promptly as possible, and in any event within 90 days after the submission of the recommendations required in paragraph (2) of this subdivision, either to prefer formal charges against superintendents, teachers, or other employees for whom the evidence justifies such action, or to reject the recommendations for such action.

(5) Following the determination required in paragraph (4) of this subdivision, the school authorities shall immediately institute proceedings for the dismissal of superintendents, teachers or other employees in those cases in which, in their judgment, the evidence indicates violation of the statutory provisions herein referred to. In proceedings against persons serving on probation or those having tenure, the appropriate statutory procedure for dismissal shall be followed. In proceedings against persons serving under contract and not under the provisions of a tenure law, the school authorities shall conduct such hearings on charges as they deem the exigencies warrant, before taking final action on dismissal. In all cases, all rights to a fair trial, representation by counsel and appeal or court reviews, as provided by statute or the Constitution, shall be scrupulously observed.

(b) Pursuant to chapter 360 of the Laws of 1949, the Board of Regents will issue a list, which may be amended and revised from time to time, of organizations which the board finds to be subversive in that they advocate, advise, teach or embrace the doctrine that the Government of the United States, or of any state or of any political subdivision thereof, shall be overthrown or overturned by force, violence or any unlawful means, or that they advocate, advise, teach or embrace the duty, necessity or propriety of adopting any such doctrine, as set forth in section 12-a of the Civil Service Law.[FN* ] Evidence of membership in any organization so listed on or after the 10th day subsequent to the date of official promulgation of such list shall constitute prima facie evidence of disqualification for appointment to or retention of any office or position in the school system. Evidence of membership in such an organization prior to said day shall be presumptive evidence that membership has continued, in the absence of a showing that such membership has been terminated in good faith.

(c) On or before the first day of December of each year, the school authorities of each school district shall render to the Commissioner of Education a full report, officially adopted by the school authorities and signed by their presiding officer, of the measures taken by them for the enforcement of these regulations during the calendar year ending on the 31st day of October preceding. Such report shall include a statement as to:

(1) the total number of superintendents, teachers and other employees in the employ of the school district;

(2) the number of superintendents, teachers and other employees as to whom the school authorities and/or the officials designated by them have reported that there is no evidence indicating that such employees have violated the statutory provisions herein referred to, including the provisions with respect to membership in organizations listed by the Regents as subversive; and

(3) the number of superintendents, teachers and other employees in whose cases the school authorities and/or the officials designated by them have recommended that action be taken to dismiss the employees in question, on the grounds of specified violations of the law or evidence of membership in a subversive organization.

Such report shall also include, for the group listed under paragraph (3) of this subdivision, a statement of:

(4) the number of cases in which charges have been or are to be preferred and the status or final disposition of each of these cases;

(5) the number of cases in which the school authorities have concluded that the evidence reported by the designated officials does not warrant the preferring of charges; and

(6) the number of cases in which the school authorities have not determined, as of October 31st of the school year in question, on the action to be taken.

(d) Immediately upon the finding by school authorities that any person is disqualified for appointment or retention in employment under these regulations, said school authorities shall report to the Commissioner of Education the name of such person and the evidence supporting his disqualification, including a transcript of the official records of hearings on charges, if any, which have been conducted.

[FN*] Now section 105 of the Civil Service Law.

[FN* ] Now section 105 of the Civil Service Law.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 20.1