§ 3020. Discipline of teachers. 1. No person enjoying the benefits of
tenure shall be disciplined or removed during a term of employment
except for just cause and in accordance with the procedures specified in
section three thousand twenty-a of this article or in accordance with
alternate disciplinary procedures contained in a collective bargaining
agreement covering such person's terms and conditions of employment that
was effective on or before September first, nineteen hundred ninety-four
and has been unaltered by renegotiation, or in accordance with
alternative disciplinary procedures contained in a collective bargaining
agreement covering such person's terms and conditions of employment that
becomes effective on or after September first, nineteen hundred
ninety-four; provided, however, that any such alternate disciplinary
procedures contained in a collective bargaining agreement that becomes
effective on or after September first, nineteen hundred ninety-four,
must provide for the written election by the employee of either the
procedures specified in such section three thousand twenty-a or the
alternative disciplinary procedures contained in the collective
bargaining agreement and must result in a disposition of the
disciplinary charge within the amount of time allowed therefor under
such section three thousand twenty-a.

2. No person enjoying the benefits of tenure shall be suspended for a
fixed time without pay or dismissed due to a violation of article
thirteen-E of the public health law.

3. Notwithstanding any inconsistent provision of law, the procedures
set forth in section three thousand twenty-a of this article and
subdivision seven of section twenty-five hundred ninety-j of this
chapter may be modified or replaced by agreements negotiated between the
city school district of the city of New York and any employee
organization representing employees or titles that are or were covered
by any memorandum of agreement executed by such city school district and
the council of supervisors and administrators of the city of New York on
or after December first, nineteen hundred ninety-nine. Where such
procedures are so modified or replaced: (i) compliance with such
modification or replacement procedures shall satisfy any provision in
this chapter that requires compliance with section three thousand
twenty-a of this article, (ii) any employee against whom charges have
been preferred prior to the effective date of such modification or
replacement shall continue to be subject to the provisions of such
section as in effect on the date such charges were preferred, (iii) the
provisions of subdivisions one and two of this section shall not apply
to agreements negotiated pursuant to this subdivision, and (iv) in
accordance with paragraph (e) of subdivision one of section two hundred
nine-a of the civil service law, such modification or replacement
procedures contained in an agreement negotiated pursuant to this
subdivision shall continue as terms of such agreement after its
expiration until a new agreement is negotiated. Notwithstanding any
inconsistent provision of law, the commissioner shall review any appeals
authorized by such modification or replacement procedures within fifteen
days from receipt by such commissioner of the record of prior
proceedings in the matter subject to appeal. Such review shall have
preference over all other appeals or proceedings pending before such
commissioner.

4. a. Notwithstanding any inconsistent provision of law, the
procedures set forth in section three thousand twenty-a of this article
and subdivision seven of section twenty-five hundred ninety-j of this
chapter may be modified by agreements negotiated between the city school
district of the city of New York and any employee organization
representing employees or titles that are or were covered by any
memorandum of agreement executed by such city school district and the
united federation of teachers on or after June tenth, two thousand two.
Where such procedures are so modified: (i) compliance with such modified
procedures shall satisfy any provision of this chapter that requires
compliance with section three thousand twenty-a of this article; (ii)
any employee against whom charges have been preferred prior to the
effective date of such modification shall continue to be subject to the
provisions of such section as in effect on the date such charges were
preferred; (iii) the provisions of subdivisions one and two of this
section shall not apply to agreements negotiated pursuant to this
subdivision, except that no person enjoying the benefits of tenure shall
be disciplined or removed during a term of employment except for just
cause; and (iv) in accordance with paragraph (e) of subdivision one of
section two hundred nine-a of the civil service law, such modified
procedures contained in an agreement negotiated pursuant to this
subdivision shall continue as terms of such agreement after its
expiration until a new agreement is negotiated.

b. Any modifications to the procedures set forth in section three
thousand twenty-a of this article and subdivision seven of section
twenty-five hundred ninety-j of this chapter shall not change the manner
in which the fees and expenses of such proceedings pursuant to the
aforesaid sections are paid.