New York S 9965: Relates to the disciplinary action of part-time teaching assistants

Bill Text

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S09965 Summary:

BILL NOS09965 

&nbsp

SAME ASSAME AS A10148

&nbsp

SPONSORMARTINEZ

&nbsp

COSPNSRHARCKHAM

&nbsp

MLTSPNSR

&nbsp

Add §3020-b, Ed L

&nbsp

Provides for the removal and other disciplinary action of part-time teaching assistants; provides for the procedure of such actions; authorizes suspension pending the determination of charges.

Go to top S09965 Actions:

BILL NOS09965 

&nbsp

04/20/2026REFERRED TO EDUCATION

Go to topS09965 Committee&nbspVotes:

Go to topS09965 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09965 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9965

 IN SENATE

 April 20, 2026
 ___________

 Introduced by Sen. MARTINEZ -- read twice and ordered printed, and when
 printed to be committed to the Committee on Education

 AN ACT to amend the education law, in relation to the removal and disci-
 pline of part-time teaching assistants

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The education law is amended by adding a new section 3020-b
 2 to read as follows:
 3 § 3020-b. Removal and other disciplinary action of part-time teaching
 4 assistants. 1. A teaching assistant employed by a public school district
 5 or a board of cooperative educational services less than full-time in
 6 the unclassified civil service who since their last entry into service
 7 has completed at least five years of continuous service in the unclassi-
 8 fied civil service shall not be removed or otherwise subjected to any
 9 disciplinary penalty provided in this section except for incompetency or
 10 misconduct shown after a hearing upon stated charges pursuant to this
 11 section. For purposes of this section, "less than full-time" shall have
 12 the same meaning as in the applicable collective bargaining agreement
 13 negotiated pursuant to article fourteen of the civil service law.
 14 2. An employee who at the time of questioning appears to be a poten-
 15 tial subject of disciplinary action shall have a right to representation
 16 by their certified or recognized employee organization under article
 17 fourteen of the civil service law and shall be notified in advance, in
 18 writing, of such right. If representation is requested a reasonable
 19 period of time shall be afforded to obtain such representation. If the
 20 employee is unable to obtain representation within a reasonable period
 21 of time the employer has the right to then question the employee. A
 22 hearing officer under this section shall have the power to find that a
 23 reasonable period of time was or was not afforded. In the event the
 24 hearing officer finds that a reasonable period of time was not afforded
 25 then any and all statements obtained from said questioning as well as
 26 any evidence or information obtained as a result of said questioning
 27 shall be excluded, provided, however, that this subdivision shall not
 28 modify or replace any written collective agreement between a public

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD14749-01-6

 S. 9965 2

 1 employer and employee organization negotiated pursuant to article four-
 2 teen of the civil service law. A person against whom removal or other
 3 disciplinary action is proposed shall have written notice thereof and of
 4 the reasons therefor, shall be furnished a copy of the charges preferred
 5 against them and shall be allowed at least eight days for answering the
 6 same in writing. The hearing upon such charges shall be held by the
 7 officer or body having the power to remove the person against whom such
 8 charges are preferred, or by a deputy or other person designated by such
 9 officer or body in writing for that purpose. In case a deputy or other
 10 person is so designated, they shall, for the purpose of such hearing, be
 11 vested with all the powers of such officer or body and shall make a
 12 record of such hearing which shall, with their recommendations, be
 13 referred to such officer or body for review and decision. The person or
 14 persons holding such hearing shall, upon the request of the person
 15 against whom charges are preferred, permit them to be repre