N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 82-3.3

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

Section 82-3.3 - Charges

(a) Except as provided in Education Law §§2573(8) or 2590-j(7), no charges under this Subpart shall be brought more than three (3) years after the occurrence of the alleged incompetency or misconduct, except when the charge is of misconduct constituting a crime when committed.

(b) Charges filed under Education Law §3020-a shall be in writing and shall be filed by the chief school administrator with the clerk during the period between the actual opening and closing of the school year for which the employed is normally required to serve.

(c) Upon receipt of the charges, the clerk or secretary of the school district shall immediately notify the board of the receipt of charges. After receipt of the charges, the board shall in executive session, and determine by a vote of a majority of all of the members of the board, whether probable cause exists to bring a disciplinary proceeding against the employee. In the case of charges brought pursuant to Education Law §3020-a, such executive session shall be held within five (5) days of the board's receipt of the charges, except with permission of the board.

(d) Where the vote of the board is affirmative, a written statement specifying the following information shall be immediately forwarded to the employee by certified or registered mail, return receipt requested, or by personal delivery:

(1) a description of the charges specifying in detail each charge to which the board finds probable cause exists;

(2) the maximum penalty which will be imposed by the board if the employee does not request a hearing or that will be sought by the board if the employee is found guilty of the charges after a hearing; and

(3) a copy of the employee's rights under section 3020-a or 3020-b as applicable, including the right to request a hearing.

(e) Charges against an employee must be made separately from charges against any other employee.

(f) A copy of the charges shall be filed with the Commissioner in a timeframe and manner prescribed by the Commissioner.

N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 82-3.3

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