Bill > A10148

This bill establishes a new process for removing or disciplining part-time teaching assistants in New York public schools and boards of cooperative educational services (BOCES) who have at least five years of continuous service. These teaching assistants, defined as working "less than full-time" according to their collective bargaining agreement negotiated under Article 14 of the Civil Service Law, can only be disciplined for incompetency or misconduct, which must be proven through a hearing after formal charges are filed. The bill outlines that employees facing disciplinary action have the right to representation by their union and must be notified in writing of this right, with a reasonable time to secure representation before questioning; if this right is violated, any statements or evidence obtained can be excluded. The process includes providing the employee with written notice of charges, a copy of those charges, and at least eight days to respond in writing, with the hearing conducted by the appointing authority or a designated representative who will make recommendations. The employee can have legal counsel or union representation at the hearing and can call witnesses, with the burden of proof for incompetency or misconduct falling on the accuser, and strict rules of evidence are not required. During the investigation of charges, an employee can be suspended without pay for up to thirty days, and if found guilty, penalties can include reprimands, fines, suspension without pay for up to two months, demotion, or dismissal, with the suspension time potentially counting towards the penalty; if acquitted, the employee is reinstated with full pay. The bill also sets an eighteen-month time limit for commencing disciplinary proceedings, unless the alleged misconduct constitutes a crime, and clarifies that this new process does not override any existing collective bargaining agreements that offer greater protections.

Education

https://www.nysenate.gov/legislation/bills/2025/A10148