NY Educ L § 2509 (2021)
2021 New York Laws EDN - Education Title 2 - School District Organization Article 51 - City School Districts of Cities With Less Than One Hundred Twenty-Five Thousand Inhabitants 2509 - Appointment of Assistant and Other Superintendents, Teachers and Other Employees.

§ 2509. Appointment  of  assistant and other superintendents, teachers and other employees. 1. (a) i. Teachers and all  other  members  of  the teaching  staff  appointed prior to July first, two thousand fifteen and authorized by section twenty-five hundred three of this  article,  shall be  appointed  by the board of education, 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 of this chapter, 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.  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.   ii. Notwithstanding any other provision of law or  regulation  to  the contrary, teachers and all other members of the teaching staff appointed on  or  after July first, two thousand fifteen and authorized by section twenty-five hundred three of this article, shall  be  appointed  by  the board  of  education,  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  composite  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 chapter, the teacher shall be appointed for a probationary period of three years; provided that 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  chapter,  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 chapter 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. 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/her probationary period.  (b)  i.  Administrators,  directors,  supervisors,  principals and all other members of the supervising staff, except associate, assistant  and other  superintendents  appointed  prior  to  July  first,  two thousand fifteen and authorized by section  twenty-five  hundred  three  of  this article,  shall  be  appointed  by  the  board  of  education,  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.   ii.  Notwithstanding  any  other provision of law or regulation to the contrary, administrators, directors,  supervisors,  principals  and  all other  members of the supervising staff, except associate, assistant and other superintendents, appointed on or after July  first,  two  thousand fifteen  and  authorized  by  section  twenty-five hundred three of this article, shall  be  appointed  by  the  board  of  education,  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  chapter,  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.   2.  a.  At  the  expiration  of  the  probationary term of any persons appointed for such term prior to July first, two  thousand  fifteen,  or within  six  months  prior  thereto, the superintendent of schools shall make a written  report  to  the  board  of  education  recommending  for appointment  on  tenure  those  persons  who  have been found competent, efficient and satisfactory. By a majority vote the  board  of  education may  then appoint on tenure any or all of the persons recommended by the superintendent of schools. Such persons and all others employed  in  the teaching  service of the schools of such school district who have served the full probationary  period  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 chapter. Failure to maintain certification as required by  this  chapter and  the  regulations  of  the  commissioner  shall constitute cause for removal.   b. For persons appointed on or after July first, two thousand fifteen, at the expiration of the probationary term of any persons appointed  for such  term,  or  within  six months prior thereto, the superintendent of schools  shall  make  a  written  report  to  the  board  of   education 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  annual  professional performance  review  ratings pursuant to section three thousand twelve-c or section three thousand twelve-d of this chapter, 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  chapter,  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  chapter 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 or principal 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. By a  majority vote, the board of education may then appoint on tenure any  or all  of the persons recommended by the superintendent of schools. 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 a 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 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 chapter. Failure to maintain certification as required by  this  chapter and  the  regulations  of  the  commissioner  shall constitute cause for removal.   3. Associate superintendents and all  other  employees  authorized  by section  twenty-five  hundred three of this article, except as otherwise provided in subdivision one of this section, shall be appointed  by  the board  of  education, provided, however, that the board of education may enter into an employment contract with an associate, assistant, or other superintendent of schools for a period of from one to five years.   4.  Clerks,  draftsmen,  inspectors,  chemists,   tabulating   machine operators,    secretaries,   stenographers,   copyists,   statisticians, janitors, custodians, custodian-engineers, and all other  administrative employees  of  a  board  of education, unless otherwise provided in this chapter, shall be appointed for a probationary period  provided  in  the civil service law and regulations based thereon. The service of a person appointed  to  any of such positions may be discontinued by the board of education at any time during such probationary period. Such persons  and all  others  employed  in  the  administrative  service  of the board of education who have served the full probationary period shall hold  their respective  positions  during  good behavior and efficient and competent service, and shall not be removed except for cause after  a  hearing  by the affirmative vote of a majority of the board.   5.  No  principal, supervisor, director, or teacher shall be appointed to the teaching force of such city school district who does not  possess qualifications  required  under  this  chapter and under the regulations prescribed by the commissioner of education for the persons employed  in such positions in the schools of the city school districts of the state, but   a   board   of   education  may  prescribe  additional  or  higher qualifications for the persons employed in any of such positions.   6. Rules and  regulations  shall  be  adopted  governing  excusing  of absences  and  for  the  granting  of  leaves  of absence either with or without pay for all members of the teaching and  supervising  staff  and other employees.    7.  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.