§ 2509 — Appointment of assistant and other superintendents, teachers and other employees

New York § 2509

• Jurisdiction: New York
• Law EDN: Education
• Title 2: School District Organization
• Art. 51: City School Districts of Cities With Less Than One Hundred Twenty-five Thousand Inhabitants

Text

§ 2509. Appointment of assistant and other superintendents, teachers\nand other employees. 1. (a) i. Teachers and all other members of the\nteaching staff appointed prior to July first, two thousand fifteen and\nauthorized by section twenty-five hundred three of this article, shall\nbe appointed by the board of education, upon the recommendation of the\nsuperintendent of schools, for a probationary period of three years,\nexcept that in the case of a teacher who has rendered satisfactory\nservice as a regular substitute for a period of two years or as a\nseasonally licensed per session teacher of swimming in day schools who\nhas served in that capacity for a period of two years and has been\nappointed to teach the same subject in day schools on an annual salary,\nthe probationary period shall be limited to one year; provided, however,\nthat in the case of a teacher who has been appointed on tenure in\nanother school district within the state, the school district where\ncurrently employed, or a board of cooperative educational services, and\nwho was not dismissed from such district or board as a result of charges\nbrought pursuant to subdivision one of section three thousand twenty-a\nof this chapter, the probationary period shall not exceed two years. The\nservice of a person appointed to any of such positions may be\ndiscontinued at any time during such probationary period, on the\nrecommendation of the superintendent of schools, by a majority vote of\nthe board of education. Each person who is not to be recommended for\nappointment on tenure shall be so notified by the superintendent of\nschools in writing not later than sixty days immediately preceding the\nexpiration of his probationary period.\n ii. Notwithstanding any other provision of law or regulation to the\ncontrary, teachers and all other members of the teaching staff appointed\non or after July first, two thousand fifteen and authorized by section\ntwenty-five hundred three of this article, shall be appointed by the\nboard of education, upon the recommendation of the superintendent of\nschools, for a probationary period of four years, except that in the\ncase of a teacher who has rendered satisfactory service as a regular\nsubstitute for a period of up to two years, or such teacher has rendered\nsatisfactory service as a seasonally licensed per session teacher of\nswimming in day schools who has served in that capacity for a period of\nup to two years and has been appointed to teach the same subject in day\nschools on an annual salary, the teacher shall be appointed for a\nprobationary period of a minimum of two years, depending upon the length\nof the regular substitute service that shall shorten the length of the\nprobationary period; provided, however, that in the case of a teacher\nwho has been appointed on tenure in another school district within the\nstate, the school district where currently employed, or a board of\ncooperative educational services, and who was not dismissed from such\ndistrict or board as a result of charges brought pursuant to subdivision\none of section three thousand twenty-a of this chapter, the teacher\nshall be appointed for a probationary period of three years. The service\nof a person appointed to any of such positions may be discontinued at\nany time during such probationary period, on the recommendation of the\nsuperintendent of schools, by a majority vote of the board of education.\nEach person who is not to be recommended for appointment on tenure shall\nbe so notified by the superintendent of schools in writing not later\nthan sixty days immediately preceding the expiration of such person's\nprobationary period.\n (b) i. Administrators, directors, supervisors, principals and all\nother members of the supervising staff, except associate, assistant and\nother superintendents appointed prior to July first, two thousand\nfifteen and authorized by section twenty-five hundred three of this\narticle, shall be appointed by the board of education, upon the\nrecommendation of the superintendent of schools for a probationary\nperiod of three years. The service of a person appointed to any of such\npositions may be discontinued at any time during the probationary period\non the recommendation of the superintendent of schools, by a majority\nvote of the board of education.\n ii. Notwithstanding any other provision of law or regulation to the\ncontrary, administrators, directors, supervisors, principals and all\nother members of the supervising staff, except associate, assistant and\nother superintendents, appointed on or after July first, two thousand\nfifteen and authorized by section twenty-five hundred three of this\narticle, shall be appointed by the board of education, upon the\nrecommendation of the superintendent of schools for a probationary\nperiod of four years; provided, however, that in the case of a\nprincipal, administrator, supervisor, or other member of the supervising\nstaff who has been appointed on tenure pursuant to this chapter as an\nadministrator within an authorized administrative tenure area in another\nschool district within the state, the school district where currently\nemployed, or a board of cooperative educational services, and who was\nnot dismissed from such district or board as a result of charges brought\npursuant to subdivision one of section three thousand twenty-a or\nsection three thousand twenty-b of this chapter, the principal,\nadministrator, supervisor or other member of the supervising staff shall\nbe appointed for a probationary period of three years. The service of a\nperson appointed to any of such positions may be discontinued at any\ntime during the probationary period on the recommendation of the\nsuperintendent of schools, by a majority vote of the board of education.\n 2. a. At the expiration of the probationary term of any persons\nappointed for such term prior to July first, two thousand fifteen, or\nwithin six months prior thereto, the superintendent of schools shall\nmake a written report to the board of education recommending for\nappointment on tenure those persons who have been found competent,\nefficient and satisfactory. By a majority vote the board of education\nmay then appoint on tenure any or all of the persons recommended by the\nsuperintendent of schools. Such persons and all others employed in the\nteaching service of the schools of such school district who have served\nthe full probationary period shall hold their respective positions\nduring good behavior and efficient and competent service, and shall not\nbe removable except for cause after a hearing as provided by section\nthree thousand twenty-a or section three thousand twenty-b of this\nchapter. Failure to maintain certification as required by this chapter\nand the regulations of the commissioner shall constitute cause for\nremoval.\n b. For persons appointed on or after July first, two thousand fifteen,\nat the expiration of the probationary term of any persons appointed for\nsuch term, or within six months prior thereto, the superintendent of\nschools shall make a written report to the board of education\nrecommending for appointment on tenure those persons who have been found\ncompetent, efficient and satisfactory. By a majority vote, the board of\neducation may then appoint on tenure any or all of the persons\nrecommended by the superintendent of schools. Any person who has\nacquired tenure shall, upon such person's effective tenure date, hold\ntheir position during good behavior and efficient and competent service,\nand shall not be removable except for cause after a hearing as provided\nby section three thousand twenty and section three thousand twenty-a of\nthis chapter. Failure to maintain certification as required by this\nchapter and the regulations of the commissioner shall constitute cause\nfor removal.\n 3. Associate superintendents and all other employees authorized by\nsection twenty-five hundred three of this article, except as otherwise\nprovided in subdivision one of this section, shall be appointed by the\nboard of education, provided, however, that the board of education may\nenter into an employment contract with an associate, assistant, or other\nsuperintendent of schools for a period of from one to five years.\n 4. Clerks, draftsmen, inspectors, chemists, tabulating machine\noperators, secretaries, stenographers, copyists, statisticians,\njanitors, custodians, custodian-engineers, and all other administrative\nemployees of a board of education, unless otherwise provided in this\nchapter, shall be appointed for a probationary period provided in the\ncivil service law and regulations based thereon. The service of a person\nappointed to any of such positions may be discontinued by the board of\neducation at any time during such probationary period. Such persons and\nall others employed in the administrative service of the board of\neducation who have served the full probationary period shall hold their\nrespective positions during good behavior and efficient and competent\nservice, and shall not be removed except for cause after a hearing by\nthe affirmative vote of a majority of the board.\n 5. No principal, supervisor, director, or teacher shall be appointed\nto the teaching force of such city school district who does not possess\nqualifications required under this chapter and under the regulations\nprescribed by the commissioner of education for the persons employed in\nsuch positions in the schools of the city school districts of the state,\nbut a board of education may prescribe additional or higher\nqualifications for the persons employed in any of such positions.\n 6. Rules and regulations shall be adopted governing excusing of\nabsences and for the granting of leaves of absence either with or\nwithout pay for all members of the teaching and supervising staff and\nother employees.\n 7. Notwithstanding any other provision of this section no period in\nany school year for which there is no required service and/or for which\nno compensation is provided shall in any event constitute a break or\nsuspension of probationary period or continuity of tenure rights of any\nof the persons hereinabove described.\n