Current through Register Vol. 46, No. 39, September 25, 2024
(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.
