NY Educ L § 3012 (2021)
2021 New York Laws EDN - Education Title 4 - Teachers and Pupils Article 61 - Teachers and Supervisory and Administrative Staff 3012 - Tenure: Certain School Districts.

§ 3012. Tenure:  certain  school districts. 1. (a) i. Teachers and all other members of the  teaching  staff  of  school  districts,  including common  school  districts  and/or  school districts employing fewer than eight teachers, other than city  school  districts,  who  are  appointed prior  to  July  first,  two thousand fifteen, shall be appointed by the board of education, or the trustees of common school districts, upon the recommendation of the superintendent  of  schools,  for  a  probationary period  of  three  years,  except  that in the case of a teacher who has rendered satisfactory service as a regular substitute for  a  period  of two years or as a seasonally licensed per session teacher of swimming in day  schools  who  has served in that capacity for a period of two years and has been appointed to teach the same subject in day schools,  on  an annual  salary,  the  probationary  period shall be limited to one year; provided, however, that in the case of a teacher who has been  appointed on  tenure  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  probationary  period  shall  not exceed two years. The service of a person appointed to any of such positions may  be  discontinued  at  any time  during  such  probationary  period,  on  the recommendation of the superintendent of schools, by a majority vote of the board of  education or the trustees of a common school district.   ii.  Teachers  and  all  other members of the teaching staff of school districts, including common school  districts  and/or  school  districts employing  fewer  than eight teachers, other than city school districts, who are appointed on or after July first, two thousand fifteen, shall be appointed by the board of education, or the trustees  of  common  school districts, upon the recommendation of the superintendent of schools, for a  probationary  period  of  four  years,  except  that in the case of a teacher who has rendered satisfactory service as  a  regular  substitute for  a  period  of  two  years and, if a classroom teacher, has received annual professional performance review ratings in each of  those  years, or  has  rendered  satisfactory  service  as  a  seasonally licensed per session teacher of swimming in  day  schools  who  has  served  in  that capacity  for  a period of two years and has been appointed to teach the same subject in day schools, on an annual salary, the teacher  shall  be appointed  for  a  probationary  period of two years; provided, however, that in the case of a teacher  who  has  been  appointed  on  tenure  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 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  an  annual  professional performance review rating pursuant to section three thousand twelve-c or section three  thousand  twelve-d  of this  chapter  in  his or her final year of service in such other school district or board of cooperative educational services. Provided further, however, that in the case of a 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  another school  district  within  the state, the school district where currently employed, board of cooperative educational services or state school  for the blind or deaf 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 subdivision  one  of  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 in the two thousand seventeen--two thousand eighteen or two thousand  eighteen--two  thousand  nineteen  school  year  in such other school district, board of  cooperative  educational  services  or  state school  for  the blind or deaf. The service of a person appointed to any of  such  positions  may  be  discontinued  at  any  time  during   such probationary  period,  on  the  recommendation  of the superintendent of schools, by a majority vote of the board of education or the trustees of a common school district.  (b) i. Principals, administrators, supervisors and all  other  members of  the  supervising  staff of school districts, including common school districts and/or school districts employing fewer than  eight  teachers, other than city school districts, who are appointed prior to July first, two  thousand  fifteen, shall be appointed by the board of education, or the trustees of a common school district, upon the recommendation of the superintendent of schools for a probationary period of three years.  The service  of  a  person  appointed  to  any  of  such  positions  may  be discontinued  at  any  time  during  the  probationary  period  on   the recommendation  of  the superintendent of schools, by a majority vote of the board of education or the trustees of a common school district.   ii. Principals, administrators, supervisors and all other  members  of the  supervising  staff  of  school  districts,  including common school districts and/or school districts employing fewer than  eight  teachers, other  than  city  school  districts, who are appointed on or after July first, two  thousand  fifteen,  shall  be  appointed  by  the  board  of education,  or  the  trustees  of  a  common  school  district, upon the recommendation of the  superintendent  of  schools  for  a  probationary period  of  four  years;  provided,  however,  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. The service of a person appointed to any of such positions may  be  discontinued  at  any time  during  the  probationary  period  on  the  recommendation  of the superintendent of schools, by a majority vote of the board of  education or the trustees of a common school district.  (c) Any person previously appointed to tenure or a probationary period pursuant  to the provisions of former section three thousand thirteen of this article shall continue to hold such position and be governed by the provisions of this section notwithstanding  any  contrary  provision  of law.   2.  (a)  At  the  expiration  of  the  probationary  term  of a person appointed for such term prior  to  July  first,  two  thousand  fifteen, subject to the conditions of this section, the superintendent of schools shall make a written report to the board of education or the trustees of a  common  school  district recommending for appointment on tenure those persons who have been found competent, efficient and satisfactory.  Such  persons,  and all others employed in the teaching service of the schools of such union free school district, common school district and/or school district employing fewer  than  eight  teachers,  who  have  served  the probationary  period  as  provided  in  this  section,  shall hold their respective positions during good behavior and  efficient  and  competent 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: (a) insubordination, immoral  character  or  conduct  unbecoming a teacher; (b) inefficiency, incompetency, physical or mental disability, or  neglect  of  duty;  (c) failure to maintain certification as required by this chapter and by the regulations   of  the  commissioner.  Each  person  who  is  not  to  be recommended for appointment on tenure,  shall  be  so  notified  by  the superintendent   of  schools  in  writing  not  later  than  sixty  days immediately preceding the expiration of his probationary period.  (b) At the expiration of the probationary term of a  person  appointed for  such  term on or after July first, two thousand fifteen, subject to the conditions of this section, the superintendent of schools shall make a written report to the board of education or the trustees of  a  common school district recommending for appointment on tenure those 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 during the  most  recent  school  year  where  a  rating  was received,  and  would  have  been  in  the  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  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, and subject to the terms  hereof,  during  which  time  the  trustees  or  board  of education  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  trustees  or board  of  education  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 who have been recommended for  tenure  and  all  others  employed  in  the teaching service of the schools of such school district who have served  the  full  probationary period  as  extended  pursuant  to  this  subdivision  shall  hold their respective positions during good behavior and  efficient  and  competent service,  and shall not be removable except for cause after a hearing as provided by section three thousand twenty-a or  section  three  thousand twenty-b  of this article. Failure to maintain certification as required by this chapter and the regulations of the commissioner shall constitute cause for removal.   3. Notwithstanding any other provision of this section  no  period  in any  school year for which there is no required service and/or for which no compensation is provided shall in any event  constitute  a  break  or suspension  of probationary period or continuity of tenure rights of any of the persons hereinabove described.