Governor Hochul will soon sign or veto a bill designed to gut the ability of school superintendents, mayors and other local officials to discipline public employees.

The legislation (S1039/A3748) aims to make discipline rules for civil service employees outside New York City “conform” with Education Law §3020-a, the state’s notorious teacher-tenure rules that make it difficult bordering on impossible to fire a tenured teacher.

A 2018 survey by the New York State School Boards Association found superintendents often don’t even try to discipline tenured teachers, citing the cost and difficulty. Just weeks ago, that problem was on display on Long Island in the Babylon school district, where a (tenured) special education teacher sexually assaulted a 15-year-old student. Rather than go through the arduous process of stripping his tenure, district officials instead paid him $141,000 through the next full school year for what Newsday called “home assignment.”

The bill on Hochul’s desk would, among other things, force school districts, towns, cities, villages and counties to hire an “independent hearing officer” to oversee discipline hearings and to keep employees on paid leave until the hearing process is completed. It would make local officials less likely to seek discipline and more costly when they finally must.

Proponents, demanding “fairness,” have been unable to point out any deficiencies with the existing discipline system, enacted more than 60 years ago, which guarantees public employees due process, including a hearing, whenever they are accused of any misconduct. No evidence has been presented (even before the labor market tightened) that employees were being disciplined arbitrarily.

But public employee unions have pressed for this change for almost two decades, and majorities in both the Assembly and Senate—including a cadre of labor-aligned Republicans—were happy to go along.

Beyond delivering a new benefit for their dues-paying members, discouraging managers from disciplining employees would make for less work (and less costs) for the unions to defend them.

If Hochul signs the bill, the effects on public services will be severe—and in some cases, tragic. Students will be put in danger because it will be harder for school officials to act on smaller infractions by bus drivers, aides and support staff that sometimes precede student injury or worse.

New Yorkers, asking why a mayor, town supervisor, county executive, or superintendent didn’t act sooner to prevent tragedy, will hear more of the same bad self-explanatory answer to which they’ve become accustomed:

“Tenure.”

You may also like

Budget Update Paints Less Alarming Picture of Federal Health Cuts

A new fiscal report from the state Budget Division suggests federal funding cuts will hit New York's health-care budget less severely than officials have previously warned. A relea Read More

Parsing the Impact of Mamdani’s Tax Hike Plans

The front-running candidate for New York City mayor, Zohran Mamdani, has said he can finance his costly campaign promises – including free buses and universal child care – by taxing only a sliver of the city's residents Read More

K-12 SOS. Buffalo City School District

K-12 SOS is a pilot project of the Empire Center to inform parents, politicians, and decision-makers about the state of K-12 education in New York State. Determining why certain schools perform better than others is beyond the scope of this research. Read More

DOH Ducks a Simple Question on Covid in Nursing Homes

Five years after the coronavirus pandemic, the state Department of Health is pleading ignorance about one of its most hotly debated policy choices of the crisis – a directive that sent thousands of infected patients into Read More

An Eerie Silence About the State of Education in New York

A by National Assessment of Educational Progress (NAEP) lamented the declining state of U.S. education by highlighting how scores in grade 12 math and reading have hit record lows. While Covid-19 was definitely a factor, others correctly pointed out that Read More

In the Fight Over ACA Tax Credits, the Stakes Are Lowest for New York

As Washington skirmishes over the future of enhanced tax credits under the Affordable Care Act, New York has relatively little to gain or lose. The number of New Yorkers using any A Read More

New York’s Immigrant Health Coverage Becomes a National Flash Point

A little-noticed New York program that provides Medicaid coverage to elderly undocumented immigrants was thrust onto the national stage this week as the White House sparred with congressional Democrats over the federal gove Read More

Why New York’s Health Premiums Keep Going Up

New Yorkers continue to face some of the costliest health premiums in the U.S., and the insurance industry's recently finalized rate applications shed light on why that is. In summa Read More