2023 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, 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  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 or
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 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 article 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 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  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 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.