Update : Does the Appellate Division agree with the lower court that the Special Commissioner of Investigation has no power to force a tenured teacher to testify about a matter covered by 3020-a?

Yes. In a post one year ago Supreme Court Justice Carol Huff denied the Special Commissioner of Investigation’s application to force a tenured teacher to give testimony in a matter covered under the protections of 3020-a, the teacher’s right to an adversarial hearing. The Appellate Division has now affirmed. Since testifying before the SCI would be admissable at a 3020-a hearing, ” forcing a tenured teacher or assistant principal to testify in an SCI proceeding is tantamount to forcing that employee to testify in a DOE disciplinary proceeding, which directly conflicts with state law, Education Law 3020(3)(c)(i).”

Condon v. Sabater (App. Div., 1st Dept.)

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