2023 New York Laws › EDN - Education › Title 4 - Teachers and Pupils › Article 61 - Teachers and Supervisory and Administrative Staff › 3014 - Tenure: Boards of Cooperative Educational Services.

§ 3014. Tenure:  boards  of  cooperative  educational services. 1. (a)
Administrative assistants, supervisors, teachers and all  other  members
of  the  teaching  and  supervising  staff  of  the board of cooperative
educational  services  appointed  prior  to  July  first,  two  thousand
fifteen,  shall  be  appointed  by  a  majority  vote  of  the  board of
cooperative educational services upon the recommendation of the district
superintendent of schools for a probationary period  of  not  to  exceed
three  years;  provided,  however, that in the case of a teacher who has
been appointed on tenure in a school  district  within  the  state,  the
board  of  cooperative educational services where currently employed, or
another 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. Services of a person so appointed to any
such positions may be discontinued at any time during such  probationary
period,  upon  the  recommendation  of the district superintendent, by a
majority vote of the board of cooperative educational services.
(b) Administrative assistants, supervisors,  teachers  and  all  other
members   of  the  teaching  and  supervising  staff  of  the  board  of
cooperative educational services appointed on or after July  first,  two
thousand  fifteen, shall be appointed by a majority vote of the board of
cooperative educational services upon the recommendation of the district
superintendent of schools for a probationary period  of  not  to  exceed
four  years;  provided,  however,  that in the case of a teacher who has
been appointed on tenure in a school  district  within  the  state,  the
board  of  cooperative educational services where currently employed, or
another board of cooperative  educational  services,  and  who  was  not
dismissed  from  such  district  or board as a result of charges brought
pursuant to 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 a
composite annual professional  performance  review  rating  pursuant  to
section  three  thousand  twelve-c  or  three  thousand twelve-d of this
article of either effective or highly effective in his or her final year
of service in  such  other  school  district  or  board  of  cooperative
educational  services;  and  provided  further  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.  Provided
further,  however,  that in the case of a classroom 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 a school district
within the state, state school for the  blind  or  deaf,  the  board  of
cooperative  educational  services  where currently employed, or another
board of cooperative educational services, 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 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 of either effective or highly effective in the two thousand
seventeen--two thousand eighteen or two thousand eighteen--two  thousand
nineteen school year in such other school district, state school for the
blind  or deaf or board of cooperative educational services. Services of
a person so appointed to any such  positions  to  which  this  paragraph
applies  may be discontinued at any time during the probationary period,
upon the recommendation of the district superintendent,  by  a  majority
vote of the board of cooperative educational services.
2.  (a)  On  or  before  the  expiration of the probationary term of a
person appointed for  such  term  prior  to  July  first,  two  thousand
fifteen,  the  district  superintendent  of schools shall make a written
report to the board of cooperative educational services recommending for
appointment on tenure persons who have been found  competent,  efficient
and  satisfactory.  Such  persons  shall hold their respective positions
during good behavior and competent and efficient 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:  (i)  Insubordination, immoral character or
conduct  unbecoming  a  teacher;  (ii)  Inefficiency,  incompetency,  or
neglect  of duty; (iii) Failure to maintain certification as required by
this chapter and by the regulations of the commissioner. Each person who
is not to be so recommended  for  appointment  on  tenure  shall  be  so
notified  in writing by the district superintendent not later than sixty
days immediately preceding the expiration of  his  or  her  probationary
period.
(b)  On  or before the expiration of the probationary term of a person
appointed for such term on or after July first,  two  thousand  fifteen,
the  district  superintendent  of schools shall make a written report to
the  board  of  cooperative  educational   services   recommending   for
appointment  on  tenure 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 in the most recent
school year where a rating was received, and  would  have  been  in  the
district 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 district superintendent of
schools to recommend for appointment on tenure such teacher or  building
principal  if  the teacher or principal would have been, in the district
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 district 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,  during  which  time a board of
cooperative educational services 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  cooperative  educational services 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 shall
hold their respective positions during good behavior and  competent  and
efficient  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:  (i)
Insubordination, immoral character or conduct unbecoming a teacher; (ii)
Inefficiency,  incompetency,  or  neglect  of  duty;  (iii)  Failure  to
maintain  certification  as  required  by  this  chapter  and   by   the
regulations  of  the  commissioner.  Each  person  who  is  not to be so
recommended for appointment on tenure shall be so notified in writing by
the district  superintendent  not  later  than  sixty  days  immediately
preceding the expiration of his or her probationary period.