Section 3022. Elimination of subversive persons from the public school system  


Latest version.
  • 1. The board of regents shall adopt,  promulgate,  and  enforce  rules   and   regulations   for   the  disqualification  or  removal  of
      superintendents of schools, teachers or employees in the public  schools
      in  any city or school district of the state and the faculty members and
      all other personnel and employees of any college or other institution of
      higher education owned and operated by  the  state  or  any  subdivision
      thereof  who violate the provisions of section three thousand twenty-one
      of this article or who are ineligible for appointment to or retention in
      any office or position in such public schools or  such  institutions  of
      higher  education on any of the grounds set forth in section twelve-a of
      the civil service law and shall provide therein appropriate methods  and
      procedure  for  the enforcement of such sections of this article and the
      civil service law.
        2. The board of regents shall, after inquiry, and  after  such  notice
      and hearing as may be appropriate, make a listing of organizations which
      it  finds  to  be  subversive  in  that  they advocate, advise, teach or
      embrace the doctrine that the government of the United States or of  any
      state  or  of  any  political subdivision thereof shall be overthrown or
      overturned by force, violence  or  any  unlawful  means,  or  that  they
      advocate,  advise,  teach or embrace the duty, necessity or propriety of
      adopting any such doctrine, as set forth  in  section  twelve-a  of  the
      civil service law. Such listings may be amended and revised from time to
      time.  The  board,  in  making  such  inquiry,  may  utilize any similar
      listings or designations promulgated by any federal agency or  authority
      authorized  by  federal  law, regulation or executive order, and for the
      purposes of such inquiry, the board may request and  receive  from  such
      federal agencies or authorities any supporting material or evidence that
      may  be  made available to it. The board of regents shall provide in the
      rules and regulations required by subdivision one hereof that membership
      in any such organization included in  such  listing  made  by  it  shall
      constitute  prima  facie evidence of disqualification for appointment to
      or retention in any office or position in  the  public  schools  of  the
      state.
        3. The board of regents shall annually, on or before the fifteenth day
      of  February,  by  separate  report,  render  to the legislature, a full
      statement of measures taken by it for the enforcement of such provisions
      of law and to require compliance therewith. Such reports shall contain a
      description of surveys made by the board of regents, from time to  time,
      as  may be appropriate, to ascertain the extent to which such provisions
      of law have been enforced in the city and school districts of the state.