Education Law & 3020A Hearings Attorneys
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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.
What Needs to Be Proven at Your 3020A Hearing?
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:
- You were informed that your performance was defective, you were given assistance or training, and you had an adequate opportunity to improve
- You did not make the desired or requested changes to your service and performance
- Your failure to change your habits was the result of insubordination
Under section 3020A, the following are grounds for termination:
- Conduct unbecoming of a teacher
- Corporal punishment
- Excessive absenteeism
- Failure to maintain certification
- Immoral character
- Neglect of duty
- Pedagogical incompetence
- Physical or mental disability
- Sexual contact/relationship
- Verbal abuse
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.
Speak with our New York Team Today
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.