NY Educ L § 3014 (2021)
2021 New York Laws EDN - Education Title 4 - Teachers and Pupils Article 61 - Teachers and Supervisory and Administrative Staff 3014 - Tenure: Boards of Cooperative Educational Services.

§ 3014. Tenure:  boards  of  cooperative  educational services. 1. (a) Administrative assistants, supervisors, teachers and all  other  members of  the  teaching  and  supervising  staff  of  the board of cooperative educational  services  appointed  prior  to  July  first,  two  thousand fifteen,  shall  be  appointed  by  a  majority  vote  of  the  board of cooperative educational services upon the recommendation of the district superintendent of schools for a probationary period  of  not  to  exceed three  years;  provided,  however, that in the case of a teacher who has been appointed on tenure in a school  district  within  the  state,  the board  of  cooperative educational services where currently employed, or another board of cooperative  educational  services,  and  who  was  not dismissed  from  such  district  or board as a result of charges brought pursuant to subdivision  one  of  section  three  thousand  twenty-a  or section three thousand twenty-b of this article, the probationary period shall  not  exceed  two  years. Services of a person so appointed to any such positions may be discontinued at any time during such  probationary period,  upon  the  recommendation  of the district superintendent, by a majority vote of the board of cooperative educational services.  (b) Administrative assistants, supervisors,  teachers  and  all  other members   of  the  teaching  and  supervising  staff  of  the  board  of cooperative educational services appointed on or after July  first,  two thousand  fifteen, shall be appointed by a majority vote of the board of cooperative educational services upon the recommendation of the district superintendent of schools for a probationary period  of  not  to  exceed four  years;  provided,  however,  that in the case of a teacher who has been appointed on tenure in a school  district  within  the  state,  the board  of  cooperative educational services where currently employed, or another board of cooperative  educational  services,  and  who  was  not dismissed  from  such  district  or board as a result of charges brought pursuant to section three thousand twenty-a or  section  three  thousand twenty-b  of  this  article,  the  teacher  shall  be  appointed  for  a probationary period of three years; provided that,  in  the  case  of  a classroom  teacher,  the  teacher demonstrates that he or she received a composite annual professional  performance  review  rating  pursuant  to section  three  thousand  twelve-c  or  three  thousand twelve-d of this article of either effective or highly effective in his or her final year of service in  such  other  school  district  or  board  of  cooperative educational  services;  and  provided  further  that  in  the  case of a principal, administrator, supervisor, or other member of the supervising staff who has been appointed on tenure pursuant to this  chapter  as  an administrator within an authorized administrative tenure area in another school  district  within  the state, the school district where currently employed, or a board of cooperative educational services,  and  who  was not dismissed from such district or board as a result of charges brought pursuant  to  subdivision  one  of  section  three  thousand twenty-a or section  three  thousand  twenty-b  of  this  article,  the   principal, administrator,  supervisor,  or  other  member  of the supervising staff shall be appointed for a probationary period of  three  years.  Provided further,  however,  that in the case of a classroom teacher who has been appointed for a probationary period during the two thousand  twenty--two thousand  twenty-one school year and who has been appointed on tenure in a school district within the state, state school for the blind or  deaf, the  board of cooperative educational services where currently employed, or another board of cooperative educational services, and  who  was  not dismissed  from  such  district,  board or state school for the blind or deaf as a result of charges brought pursuant to section  three  thousand twenty-a  or  section  three  thousand  twenty-b  of  this article, such teacher shall be appointed for a probationary  period  of  three  years;  provided  that,  in  the  case  of  a  classroom  teacher,  such teacher demonstrates that he or she received an annual professional  performance review  rating  pursuant  to  section three thousand twelve-c or section three  thousand  twelve-d  of this article of either effective or highly effective in the two thousand seventeen--two thousand  eighteen  or  two thousand  eighteen--two  thousand  nineteen  school  year  in such other school district, state  school  for  the  blind  or  deaf  or  board  of cooperative  educational  services. Services of a person so appointed to any such positions to which this paragraph applies may  be  discontinued at  any  time during the probationary period, upon the recommendation of the district  superintendent,  by  a  majority  vote  of  the  board  of cooperative educational services.   2.  (a)  On  or  before  the  expiration of the probationary term of a person appointed for  such  term  prior  to  July  first,  two  thousand fifteen,  the  district  superintendent  of schools shall make a written report to the board of cooperative educational services recommending for appointment on tenure persons who have been found  competent,  efficient and  satisfactory.  Such  persons  shall hold their respective positions during good behavior and competent and efficient service and  shall  not be  removed  except for any of the following causes, after a hearing, as provided by section three thousand twenty-a or  section  three  thousand twenty-b  of  this  article:  (i)  Insubordination, immoral character or conduct  unbecoming  a  teacher;  (ii)  Inefficiency,  incompetency,  or neglect  of duty; (iii) Failure to maintain certification as required by this chapter and by the regulations of the commissioner. Each person who is not to be so recommended  for  appointment  on  tenure  shall  be  so notified  in writing by the district superintendent not later than sixty days immediately preceding the expiration of  his  or  her  probationary period.  (b)  On  or before the expiration of the probationary term of a person appointed for such term on or after July first,  two  thousand  fifteen, the  district  superintendent  of schools shall make a written report to the  board  of  cooperative  educational   services   recommending   for appointment  on  tenure persons who have been found competent, efficient and satisfactory and, in the case of a  classroom  teacher  or  building principal,  who  have received composite annual professional performance review ratings pursuant to section three thousand  twelve-c  or  section three  thousand  twelve-d of this article, of either effective or highly effective in at least three of the four preceding  years,  exclusive  of any breaks in service; provided that, in the case of a classroom teacher or  building  principal appointed during the two thousand seventeen--two thousand eighteen, two thousand eighteen--two thousand nineteen  or  two thousand  nineteen--two  thousand  twenty  school year who have received composite annual professional performance  review  ratings  pursuant  to section  three  thousand  twelve-c or section three thousand twelve-d of this article of either effective or highly effective in at least one  of the  four  preceding  years, exclusive of any breaks in service, and did not receive an ineffective rating in  the  final  year  of  his  or  her probationary period or in the most recent school year where a rating was received, and would have been in the district superintendent of schools' discretion  qualified  for appointment on tenure based upon performance, notwithstanding that his or her annual professional  performance  review had  not  been  completed  and  he  or  she  had  not received an annual professional performance  rating  for  the  two  thousand  nineteen--two thousand  twenty and two thousand twenty--two thousand twenty-one school years; provided that, in the case of a  classroom  teacher  or  building principal   appointed  during  the  two  thousand  twenty--two  thousand twenty-one school year who have received composite  annual  professional  performance  review  ratings pursuant to section three thousand twelve-c or section three thousand twelve-d of this article of  either  effective or  highly  effective  in  at  least  two  of  the four preceding years, exclusive  of  any breaks in service, and did not receive an ineffective rating in the final year of his or her probationary  period,  or  during the  most recent school year where a rating was received, and would have been in the district superintendent of schools' discretion qualified for appointment on tenure based upon performance, notwithstanding  that  his or her annual professional performance review had not been completed and he or she had not received an annual professional performance rating for the  two  thousand twenty--two thousand twenty-one school year; provided further that, notwithstanding any other provision of this section to the contrary, when a teacher or principal receives an  effective  or  highly effective  rating in each year of his or her probationary service except he or she receives an ineffective rating in the final year of his or her probationary period, such teacher shall not be eligible for  tenure  but the  board  of  education  in  its  discretion, may extend the teacher's probationary period for an additional year; provided,  however  that  if such teacher or principal successfully appealed such ineffective rating, such  teacher  or  principal shall immediately be eligible for tenure if the rating resulting from the appeal established  that  such  individual has  been  effective  or  highly  effective  in  at  least  three of the preceding four years and was not ineffective in the final year.  At  the expiration of the probationary period, the classroom teacher or building principal  shall  remain  in  probationary  status  until the end of the school year in which such teacher or principal has received such ratings of effective or  highly  effective  for  at  least  three  of  the  four preceding school years, exclusive of any breaks in service, during which time  a board of cooperative educational services shall consider whether to grant tenure for those classroom teachers or building principals  who otherwise   have  been  found  competent,  efficient  and  satisfactory. Provided, however, that the board of  cooperative  educational  services may  grant  tenure  contingent  upon  a  classroom teacher's or building principal's receipt of a  minimum  rating  in  the  final  year  of  the probationary  period,  pursuant to the requirements of this section, and if such contingency is not met after all appeals  have  been  exhausted, the grant of tenure shall be void and unenforceable and the teacher's or principal's  probationary period may be extended in accordance with this subdivision. Such persons shall hold their respective  positions  during good  behavior  and  competent  and  efficient  service and shall not be removed except for any of the following  causes,  after  a  hearing,  as provided  by  section  three thousand twenty-a or section three thousand twenty-b of this article:  (i)  Insubordination,  immoral  character  or conduct  unbecoming  a  teacher;  (ii)  Inefficiency,  incompetency,  or neglect of duty; (iii) Failure to maintain certification as required  by this chapter and by the regulations of the commissioner. Each person who is  not  to  be  so  recommended  for  appointment on tenure shall be so notified in writing by the district superintendent not later than  sixty days  immediately  preceding  the  expiration of his or her probationary period.