Under Section 3020A of New York’s education law, tenured educators or administrators have the right to retain their jobs and cannot be fired from their position unless there is “just cause.” Section 3020A details the due process that a New York school district must go through in order to fire a tenured employee.
If you are a tenured teacher or administrator, and you are being forced from your job, the burden of proof to provide evidence of “just cause” is placed squarely on the school district. The school district will need to establish the following:
Under section 3020A, the following are grounds for termination:
Between 1995 and 2005, the most common charge thrown at tenured teachers was “pedagogical incompetence.”
It is important to point out that a 3020A hearing is not a “legal proceeding.” This distinction means that things like discovery requirements and evidentiary rules are not observed as they would be in a criminal or civil trial. If you are a tenured teacher or administrator who is facing a 3020A hearing, you should immediately consult with our team of attorneys.
At Mahir Nisar Attorney at Law, we will walk you through every aspect of your case to ensure that you fully understand what is at stake. Whether you were wrongfully terminated or discriminated against by your school district, our team of lawyers will use their experience, knowledge, and dedication to ensure that your legal rights are protected. Let us put our skills to work for you today.
Contact our New York employment lawyers to schedule your case consultation.