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Defense Lawyers for Tenured Public School Teachers
New York Tenured Teacher Defense Attorneys
The New York public school system operates within districts governed by locally elected school boards and superintendents. In 2022, there were 2,488,476 students enrolled in 4,360 schools across 686 school districts. New York had 205,293 public school teachers, or roughly one teacher for every 12 students.
New York public school teachers hired on or after July 1, 2015, can apply for tenure after completing a four-year probationary period. In 2023, about 58 percent of 5,200 New York City public school teachers earned tenure, while 39 percent had to wait another year for their tenure decisions.
Tenure is an important milestone in a public school teacher’s career and comes with various safeguards, including the privilege of job security. Under Section 3020-A of New York Education Law, tenured public school teachers have the right to retain their positions. School officials cannot fire them without “just cause” and without providing a formal notice of disciplinary charges. Section 3020-A details the due process that a New York school district must go through to terminate a tenured teacher.
If you are facing unlawful dismissal or other violations of your rights as a tenured public school teacher, contact an experienced defense lawyer right away. The Brill Legal Group is dedicated to protecting the rights of tenured public school teachers throughout New York.
Grounds for a Tenured Public School Teacher’s Termination
Public schools are required to have just cause when imposing discipline on a tenured teacher. The New York Education Law, however, does not have a specific definition of just cause. In general, New York public school teachers may be subject to dismissal if they have been accused of incompetence, negligence, misconduct or dereliction of duties. The following are some grounds for termination of a tenured public school teacher under section 3020-A:
- Conduct unbecoming of a teacher
- Corporal punishment
- Excessive absenteeism
- Failure to maintain certification
- Immoral character
- Insubordination
- Neglect of duty
- Pedagogical incompetence
- Sexual contact/relationship
- Verbal abuse
You cannot be forced out of your job without evidence of wrongdoing. Tenured public school teachers are entitled to due process, which ensures they are not fired based on frivolous allegations, personal reasons or political motives.
The school district must provide sufficient evidence to prove just cause. Additionally, public school officials are required to show that you were notified of deficiencies in your performance as a teacher, offered support or training and provided ample opportunity to make the requested changes. However, you failed to improve your service or performance as expected.
Disciplinary Process for Tenured Public School Teachers
Under Section 3020-A of the New York Education Law, tenured public school teachers who may be subject to dismissal have the right to a formal hearing. This hearing is known as a 3020-A hearing and is conducted by an independent hearing officer. The disciplinary process for a tenured public school teacher can take several months to even a few years, depending on how complex the case is and the nature of the charges.
The process starts with the school district filing written charges against the public school teacher with the employment board. If the board members find probable cause for pursuing disciplinary action, they are required to send the accused teacher a written statement. The statement outlines the nature of the charges, the teacher’s rights and the potential penalties they may face.
The accused teacher has 10 days to respond in writing, notifying the employment board as to whether they want a 3020-A hearing. If the teacher fails to respond according to the deadline, they waive their right to a hearing. The employment board will then decide on the charges by majority vote without even considering evidence from the teacher or hearing their side of the story.
In such circumstances, a tenured public school teacher may face a lengthy suspension or even be terminated immediately. If the matter proceeds to a hearing, school districts often seek permanent termination of the teacher due to the costs and time involved with the disciplinary process.
Either way, it is the teacher who ends up dealing with the harshest consequences. Because of the high stakes involved, even when a public school teacher is tenured, having an experienced defense lawyer in your corner can make all the difference to the outcome of your case.
Representing Tenured Public School Teachers at 3020-A Hearings
Tenured public school teachers have the right to defend themselves during a 3020-A hearing. Although they are not required to testify, the accused should be granted the opportunity to do so. While the school district has the burden of proving the charges, both parties may call witnesses and present evidence to the hearing officer.
Union representatives often urge teachers to settle due to the risk of losing the hearing, even though there is a very good chance of a successful outcome. Although teachers are often provided legal representation by their union, they can choose to hire their own counsel.
Having an experienced defense lawyer representing you in 3020-A proceedings is crucial to fighting baseless accusations and unlawful termination. The attorney will help you understand your rights and options, including the possibility of bringing a lawsuit against the school district for violating your tenure rights.
Once the hearing concludes, the hearing officer will issue a decision regarding the school district’s charges against the tenured public school teacher. The hearing officer will then determine the appropriate penalty to impose if the teacher is found guilty of the charges.
Contact the Brill Legal Group Today
If you are a tenured public school teacher in New York who is facing disciplinary charges or was unlawfully terminated or disciplined, contact the Brill Legal Group right away. As a tenured teacher, you have important rights and job protections under the state’s education law.
Our New York defense attorneys provide clients with skilled, aggressive representation in 3020-A hearings and other disciplinary proceedings. If your school district is trying to dismiss you based on sham charges or arbitrary reasons, you need someone prepared to hold school officials accountable. When your career is on the line, you can count on the Brill Legal Group to come to your defense. Contact us today to learn more.
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