New York Laws
Article 61 - Teachers and Supervisory and Administrative Staff
3022 - Elimination of Subversive Persons From the Public School System.

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

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