N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 82-3.9

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

Section 82-3.9 - Special Hearing Procedures for expedited hearings

(a) The general hearing procedures specified in § 82-3.8 of this Subpart shall apply to expedited §3020-a and §3020-b proceedings, except as modified by the provisions of this section.

(b) Special hearing procedures for expedited §3020-a proceedings based on revocation of certification.

(1) Where the proceeding is expedited due to revocation of the employee's certification;

(i) the hearing shall be commenced not more than seven (7) days after the pre-hearing conference and shall not be postponed except on the request of a party and only for good cause shown;

(ii) the hearing shall be limited to one (1) day and each party shall have equal time to present its case; and

(iii) the written decision shall be rendered within ten (10) days of the last hearing date and shall otherwise comply with the requirements of § 82-3.8 of this Subpart.

(c) Special hearing procedures for expedited §3020-a hearing based on charges constituting physical or sexual abuse of a student. Where the proceeding is expedited due to charges of misconduct constituting physical of sexual abuse of a student:

(1) The hearing shall commence within seven (7) days after the pre-hearing conference and shall be completed within 60 days after the pre-hearing conference;

(2) The hearing officer shall establish a hearing schedule at the pre-hearing conference to ensure that the required timeframes are met and to ensure an equitable distribution of days between the employing board and the charged employee;

(3) No adjournments may be granted that would extend the hearing beyond 60 days, except the hearing officer may grant a limited and time specific adjournment if the hearing officer determines that the delay is attributable to a circumstance or occurrence that is:

(i) substantially beyond control of the requesting party; and

(ii) an injustice would result if the adjournment were not granted

(4) The written decision shall be rendered within ten (10) days of the last hearing date and shall otherwise comply with the requirements of § 82-3.8 of this Subpart.

(d) Special hearing procedures for expedited §3020-b hearing based on two (2) consecutive ineffective APPR ratings. Where an Education Law §3020-b proceeding is expedited due to a removal proceeding for charges of incompetence based two (2) consecutive ineffective composite or overall APPR ratings:

(1) a school district or employing board may bring charges of incompetence for any classroom teacher or principal who receives two (2) such consecutive ineffective ratings, but is not required to do so.

(2) the charges must allege that the employing board has developed and substantially implemented a teacher or principal improvement plan for the employee following the first evaluation in which the employee was rated ineffective and the immediately preceding evaluation if the employee was rated developing;

(3) the pre-hearing conference shall be held within seven (7) days after appointment of the hearing officer.

(4) At the pre-hearing conference, the hearing officer shall establish a hearing schedule to ensure that the required timeframes are met and to ensure an equitable distribution of days between the employing board and the charged employee;

(5) The hearing shall commence within seven (7) days of the pre-hearing conference.

(6) The final hearing date shall be no longer than 90 days following the date the employee requested a hearing;

(7) No adjournments shall be granted that would extend the hearing beyond such 90 day period, except that the hearing officer may grant a limited and time-specific adjournment, that would extend the hearing beyond 90 days if the hearing officer determines that the delay is attributable to a circumstance or occurrence substantially beyond the control of the requesting party and an injustice would result if the adjournment is not granted;

(8) The written decision shall be rendered within ten (10) days of the last hearing date and shall otherwise comply with the requirements of § 82-3.8 of this Subpart.

(e) Special hearing procedures for expedited §3020-b hearing based on three(3) consecutive ineffective APPR ratings. Where the proceeding is expedited due to a removal proceeding for charges of incompetence based three (3) consecutive ineffective composite or overall APPR ratings:

(1) A school district or employing board shall bring charges of incompetence for any classroom teacher or principal who receives three (3) such consecutive ineffective ratings.

(2) The charges must allege that the employing board has developed and substantially implemented a teacher or principal improvement plan for the employee following the first evaluation in which the employee was rated ineffective and the immediately preceding evaluation if the employee was rated developing;

(3) The Commissioner shall appoint a hearing officer from the list of potential hearing officers obtained in accordance with the procedures described in 82-2.5(a).

(4) The pre-hearing conference shall be held no later than five (5) days after the appointment of the hearing officer;

(5) The hearing officer shall establish a hearing schedule to ensure that the required timeframes are met and to ensure an equitable distribution of days between the employing board and the charged employee

(6) The hearing shall commence within five (5) days of the pre-hearing conference.

(7) The final hearing date shall be no longer than 30 days following the date the employee requested a hearing; and

(8) No adjournments shall be granted that would extend the hearing beyond such 30 day period, except that the hearing officer may grant a limited and time-specific adjournment, that would extend the hearing beyond 30 days if the hearing officer determines that the delay is attributable to a circumstance or occurrence substantially beyond the control of the requesting party and an injustice would result if the adjournment is not granted; and

(9) The written decision shall be rendered within ten (10) days of the last hearing date and shall otherwise comply with the requirements of § 82-3.8 of this Subpart.

N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 82-3.9

Adopted New York State Register December 2, 2015/Volume XXXVII, Issue 48, eff. 12/2/2015