Length, cost of 3020-a cases has shrunk |
On Board Online • September 26, 2016
By Paul Heiser
Senior Research Analyst
The average length of time it takes to decide an educator disciplinary case has decreased by nearly two-thirds in a little more than a decade, according to the results of the latest in a series of periodic surveys conducted by NYSSBA. This has made it less costly for school districts to pursue these cases.
Between 2005 and 2008, the average length of time it took to process an educator disciplinary case under Education Law section 3020-a was 502 days (measured from the date charges were levied to when a case was decided). Between 2014 and 2016 (as of May), the average length was 175 days - a 65 percent decrease.
The shorter timeframe may be attributed largely to changes in state law that took effect in 2012. NYSSBA and the New York State Association of School Attorneys took the lead on advocating for the changes.
"It appears that recent changes to section 3020-a of state Education Law have had the desired effect for many school districts," said Jay Worona, NYSSBA's deputy executive director and general counsel. The law gives tenured teachers and administrators who are accused of wrongdoing the right to a quasi-judicial hearing to determine whether a violation has occurred and, if so, what the penalty ought to be.
One key change involved the selection of an impartial hearing officer. Prior to April 1, 2012, if an employee was charged with misconduct under 3020-a, attorneys on both sides would receive a list of available hearing officers from the State Education Department. Both parties would then attempt to mutually agree upon a hearing officer but were under no time constraints, and the process often took several months.
Since April 1, 2012, the parties have 15 days from receipt of the list of potential hearing officers to mutually agree upon who will hear the case. If they cannot agree after 15 days, the state automatically assigns a hearing officer from the list.
Another change to the law prohibits the introduction of any evidence more than 125 days after the filing of charges (unless there are "extraordinary circumstances"). This change placed greater importance on gathering evidence in discovery immediately. According to the NYSSBA survey, the length of time from the date 3020-a charges were levied by a school board to the date a hearing officer agreed to serve declined from 117 days in the 2008 survey to 42 days in 2014, then to 32.5 days in 2016.
Employees accused of misconduct are paid, except in certain circumstances, even if they are suspended from work, until their case is resolved. In addition to attorney's fees and the cost of hiring substitutes, salary and benefits of accused employees can be a major expenditure for school districts, especially if cases drag on.
The amount paid in salaries to employees accused of misconduct during the 3020-a process averaged $112,644 in NYSSBA's 2008 administration of the 3020-a survey. In 2016, the average amount paid in salaries to accused employees averaged $55,083 - less than half the prior figure. Similarly, the amount paid in fringe benefits to accused employees during the 3020-a process averaged $27,037 in 2008 and decreased to $13,377 in 2016.
NYSSBA's most recent 3020-a survey was conducted in May 2016 covering the period between October 1, 2014 through May 2016. A total of 727 school districts and BOCES outside New York City were invited to respond, and a total of 402 completed surveys were submitted - a response rate of 55 percent. The results were compared to similar surveys conducted by NYSSBA in 2008 (covering 2005 to 2008) and September 2014 (covering April 1, 2012 to Oct. 1, 2014).
While changes to the 3020-a law have contributed to less costly and less lengthy disciplinary cases, the survey suggested that some districts still find the 3020-a process so burdensome that they avoid using it. In 2016, 41 percent of the school districts and BOCES surveyed considered disciplining a tenured employee but chose to not file charges under section 3020-a. Of those, one-third of school districts/BOCES indicated they declined to file charges because the process was "too cumbersome" (15 percent) and/or "too expensive" (18 percent). That finding was similar to 2008, when 15 percent said it was too cumbersome and 17 percent said it was too expensive.