Provides for the removal and other disciplinary action of part-time teaching assistants; provides for the procedure of such actions; authorizes suspension pending the determination of charges.
STATE OF NEW YORK
________________________________________________________________________
10148
IN ASSEMBLY
February 12, 2026
___________
Introduced by M. of A. SCHIAVONI -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to the removal and disci-
pline of part-time teaching assistants
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 3020-b
2 to read as follows:
3 § 3020-b. Removal and other disciplinary action of part-time teaching
4 assistants. 1. A teaching assistant employed by a public school district
5 or a board of cooperative educational services less than full-time in
6 the unclassified civil service who since their last entry into service
7 has completed at least five years of continuous service in the unclassi-
8 fied civil service shall not be removed or otherwise subjected to any
9 disciplinary penalty provided in this section except for incompetency or
10 misconduct shown after a hearing upon stated charges pursuant to this
11 section. For purposes of this section, "less than full-time" shall have
12 the same meaning as in the applicable collective bargaining agreement
13 negotiated pursuant to article fourteen of the civil service law.
14 2. An employee who at the time of questioning appears to be a poten-
15 tial subject of disciplinary action shall have a right to representation
16 by their certified or recognized employee organization under article
17 fourteen of the civil service law and shall be notified in advance, in
18 writing, of such right. If representation is requested a reasonable
19 period of time shall be afforded to obtain such representation. If the
20 employee is unable to obtain representation within a reasonable period
21 of time the employer has the right to then question the employee. A
22 hearing officer under this section shall have the power to find that a
23 reasonable period of time was or was not afforded. In the event the
24 hearing officer finds that a reasonable period of time was not afforded
25 then any and all statements obtained from said questioning as well as
26 any evidence or information obtained as a result of said questioning
27 shall be excluded, provided, however, that this subdivision shall not
28 modify or replace any written collective agreement between a public
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14749-01-6
A. 10148 2
1 employer and employee organization negotiated pursuant to article four-
2 teen of the civil service law. A person against whom removal or other
3 disciplinary action is proposed shall have written notice thereof and of
4 the reasons therefor, shall be furnished a copy of the charges preferred
5 against them and shall be allowed at least eight days for answering the
6 same in writing. The hearing upon such charges shall be held by the
7 officer or body having the power to remove the person against whom such
8 charges are preferred, or by a deputy or other person designated by such
9 officer or body in writing for that purpose. In case a deputy or other
10 person is so designated, they shall, for the purpose of such hearing, be
11 vested with all the powers of such officer or body and shall make a
12 record of such hearing which shall, with their recommendations, be
13 referred to such officer or body for review and decision. The person or
14 persons holding such hearing shall, upon the request of the person
15 against whom charges are preferred, permit them to be represented by
16 counsel, or by a representative of a recognized or certified employee
17 organization, and shall allow such person to summon witnesses in their
18 behalf. The burden of proving incompetency or misconduct shall be upon
19 the person alleging the same. Compliance with technical rules of
20 evidence shall not be required.
21 3. Pending the hearing and determination of charges of incompetency or
22 misconduct, the employee against whom such charges have been preferred
23 may be suspended without pay for a period not exceeding thirty days. If
24 such employee is found guilty of the charges, the penalty or punishment
25 may consist of a reprimand, a fine not to exceed one hundred dollars to
26 be deducted from the salary or wages of such officer or employee,
27 suspension without pay for a period not exceeding two months, demotion
28 in grade and title, or dismissal from the service; provided, however,
29 that the time during which an employee is suspended without pay may be
30 considered as part of the penalty. If such employee is acquitted, they
31 shall be restored to their position with full pay for the period of
32 suspension less the amount of any unemployment insurance benefits they
33 may have received during such period. If such employee is found guilty,
34 a copy of the charges, their written answer thereto, a transcript of the
35 hearing, and the determination shall be filed in the office of the
36 department or agency in which they have been employed, and a copy there-
37 of shall be filed with the civil service commission having jurisdiction
38 over such position. A copy of the transcript of the hearing shall, upon
39 request of the officer or employee affected, be furnished to them with-
40 out charge.
41 4. Notwithstanding any other provision of law, no removal or discipli-
42 nary proceeding shall be commenced more than eighteen months after the
43 occurrence of the alleged incompetency or misconduct complained of and
44 described in the charges provided, however, that such limitations shall
45 not apply where the incompetency or misconduct complained of and
46 described in the charges would, if proved in a court of appropriate
47 jurisdiction, constitute a crime.
48 5. Nothing contained in this section shall modify, replace or super-
49 sede any provision of a collective bargaining agreement that provides
50 for greater rights than required by this section.
51 § 2. This act shall take effect immediately.
