2023 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,  the  two
thousand  twenty-one--two  thousand  twenty-two  or  the  two   thousand
twenty-two--two  thousand  twenty-three  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   or   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  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, two thousand twenty--two thousand twenty-one or the two
thousand twenty-one--two thousand twenty-two school year; provided that,
in  the  case  of  a  classroom  teacher or building principal appointed
during the two thousand eighteen--two thousand nineteen or two  thousand
nineteen--two   thousand  twenty  school  year,  who  has  not  received
composite annual professional performance  review  ratings  pursuant  to
section  three  thousand  twelve-c or section three thousand twelve-d of
this chapter, for three consecutive years, no ratings shall be  required
for the superintendent of schools to recommend for appointment on tenure
such  teacher  or  building  principal if the teacher or principal 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  review
rating  for the two thousand nineteen--two thousand twenty, two thousand
twenty--two  thousand  twenty-one  and  two   thousand   twenty-one--two
thousand  twenty-two  school  years;  provided  that  in  the  case of a
classroom  teacher  or  building  principal  appointed  during  the  two
thousand  twenty-one--two  thousand  twenty-two  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 or two thousand twenty-one--two thousand
twenty-two 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.