Education Law § 3020A

New York State Education Law § 3020A affords New York public school teachers essential rights, most importantly tenure. Tenure is a safeguard put in place to ensure every student has an effective teacher. Public school teachers secure tenure after successfully completing a probationary period of successful oversight and evaluation. Tenured teachers have the right to retain their jobs and cannot be terminated without just cause. Teachers are entitled to due process.  Due process ensures civil servants cannot be indiscriminately dismissed based on allegations alone. Although legal representation is provided by the teacher’s union, teachers have the right to retain private counsel.

The school district will need to establish the following:

  • You were informed that your performance was defective, you were given assistance or training, and you had an opportunity to improve
  • You did not make the desired or requested changes to your service and performance
  • Your failure to change your habits was the result of insubordination

The following charges are grounds for termination under section 3020A:

  • Conduct unbecoming of a teacher
  • Verbal abuse
  • Sexual contact/relationship
  • Corporal punishment
  • Excessive absenteeism
  • Failure to maintain certification
  • Insubordination
  • Immoral character
  • Inefficiency
  • Neglect of duty
  • Pedagogical incompetence
  • Physical or mental disability

3020a Hearings

NY State Education Law § 3020A hearings are generally conducted at the school district’s offices during which time evidence is presented to an impartial hearing officer. The school department has the burden of proving the charges by a preponderance of the evidence. The teacher has the opportunity to mount a defense which is why representation by an experienced 3020a attorney is important. When the charges involve misconduct involving physical or sexual abuse of a student, schools must conduct an expedited proceeding.  The parties jointly select the hearing officer and the hearing must conclude within 60 days of the pre-hearing conference. Subsequent to the hearing, the hearing officer will render a recommendation as to whether the teacher is guilty of the charges and if so, what penalty should be imposed.

Probable Cause Hearings (suspensions without pay)

In general, except where the case was based on certain felony convictions, teachers are suspended with pay during the pendency of the matter. Where the charges are for misconduct involving physical or sexual abuse of a student, the suspension can be without pay, provided certain procedural safeguards are observed, including the following:

  1. Probable Cause Hearing: A probable cause hearing must be held within 10 days of the suspension without pay before an impartial hearing officer to determine whether sufficient probable cause exists to support the charges. 
  2. Duration of Unpaid Suspension: The teacher may be suspended without pay no longer than 120 days if the hearing officer determines probable cause exists. 
  3. Expedited Hearing:  An expedited hearing on the merits of the charges must also be commenced.
  4. Restoration of Pay:  if the hearing officer eventually renders a decision in favor of the teacher then the teacher is eligible for full reimbursement of the withheld pay, plus interest.

Experienced New York Education Law §3020A Attorney

If you have been served with disciplinary charges under Education Law §3020A, it is in your best interest to obtain experienced legal counsel. As an Assistant General Counsel in the Office of Legal Services for the New City Department of Education, Mr. Garcia handled hundreds of disciplinary cases under New York Education Law § 3020A.  Mr. Garcia’s extensive experience as a NYC Department of Education attorney provides an irreplaceable first-hand perspective of how school officials develop and investigate cases, which is essential to mounting a strong successful defense.

The Law Office of Cory Garcia, P.C. serves clients throughout New York City in Supreme, Civil, and Criminal courts in Manhattan, Brooklyn, Bronx, Queens, Staten Island and  Westchester, Orange, Putnam, Rockland, Suffolk and Nassau counties. Our office also represents clients in Education Law §3020A hearings, Section 75 disciplinary cases before the New York City Office of Administrative Trials and Hearings (OATH) and appeals pursuant to Section 813 of the New York City Charter before the New York Civil Service Commission. To schedule a free consultation with the Law Office of Cory Garcia, P.C., contact us directly at (914)-705-3745.