2023 New York Laws › EDN - Education › Title 4 - Teachers and Pupils › Article 61 - Teachers and Supervisory and Administrative Staff › 3031 - Procedure When Tenure Not to Be Granted at Conclusion of Probationary Period or When Services to Be Discontinued.

§ 3031. Procedure  when  tenure  not  to  be  granted at conclusion of
probationary period or when services to be discontinued. Notwithstanding
any other provision of this chapter: (a) boards of  education,  trustees
of  common  school  districts  and  boards  of  cooperative  educational
services shall review all recommendations not to  appoint  a  person  on
tenure,  and,  teachers,  administrators  and  supervisors  employed  on
probation by  any  school  district  or  by  any  board  of  cooperative
educational  services,  as  to  whom a recommendation is to be made that
appointment  on  tenure  not  be  granted  or  that  their  services  be
discontinued  shall,  at least thirty days prior to the board meeting at
which such recommendation is to  be  considered,  be  notified  of  such
intended recommendation and the date of the board meeting at which it is
to  be  considered.  Such teacher, administrator and supervisor may, not
later than twenty-one days prior to such  meeting,  request  in  writing
that  he  be  furnished  with a written statement giving the reasons for
such recommendation  and  within  seven  days  thereafter  such  written
statement shall be furnished. Such teacher, administrator and supervisor
may  file  a  written response to such statement with the district clerk
not later than seven days prior to the date of the board meeting.
(b) Where a board of education, trustees of a common school  district,
or  board  of  cooperative  educational  services  votes  to  reject the
recommendation of a superintendent of schools,  district  superintendent
or  district principal to grant tenure to any teacher, administrator and
supervisor employed on probation, such vote shall be considered advisory
and at least thirty days prior  to  the  board  meeting  at  which  such
recommendation  is to be finally considered, the board shall notify said
teacher, administrator and supervisor of its intention  to  deny  tenure
and  the  date  of the board meeting at which it will take final action.
Such  teacher,  administrator  and  supervisor  may,  not   later   than
twenty-one  days  prior  to  such meeting, request in writing that he be
furnished with a written statement giving the board's reasons  for  such
intended  action and within seven days thereafter such written statement
should be furnished. Such teacher, administrator and supervisor may file
a written response to such statement with the district clerk  not  later
than seven days prior to the date of the board meeting.
(c) This section shall not be construed as modifying existing law with
respect  to the rights of probationary teachers or the powers and duties
of boards of education, trustees of common school districts or boards of
cooperative educational services, with respect to the discontinuance  of
services  of teachers, administrators and supervisors or appointments on
tenure of teachers, administrators and supervisors.