§ 3012 — Tenure: certain school districts

New York § 3012

• Jurisdiction: New York
• Law EDN: Education
• Title 4: Teachers and Pupils
• Art. 61: Teachers and Supervisory and Administrative Staff

Text

§ 3012. Tenure: certain school districts. 1. (a) i. Teachers and all\nother members of the teaching staff of school districts, including\ncommon school districts and/or school districts employing fewer than\neight teachers, other than city school districts, who are appointed\nprior to July first, two thousand fifteen, shall be appointed by the\nboard of education, or the trustees of common school districts, upon the\nrecommendation of the superintendent of schools, for a probationary\nperiod of three years, except that in the case of a teacher who has\nrendered satisfactory service as a regular substitute for a period of\ntwo years or as a seasonally licensed per session teacher of swimming in\nday schools who has served in that capacity for a period of two years\nand has been appointed to teach the same subject in day schools, on an\nannual salary, the probationary period shall be limited to one year;\nprovided, however, that in the case of a teacher who has been appointed\non tenure in another school district within the state, the school\ndistrict where currently employed, or a board of cooperative educational\nservices, and who was not dismissed from such district or board as a\nresult of charges brought pursuant to subdivision one of section three\nthousand twenty-a of this article, the probationary period shall not\nexceed two years. The service of a person appointed to any of such\npositions may be discontinued at any time during such probationary\nperiod, on the recommendation of the superintendent of schools, by a\nmajority vote of the board of education or the trustees of a common\nschool district.\n ii. Teachers and all other members of the teaching staff of school\ndistricts, including common school districts and/or school districts\nemploying fewer than eight teachers, other than city school districts,\nwho are appointed on or after July first, two thousand fifteen, shall be\nappointed by the board of education, or the trustees of common school\ndistricts, upon the recommendation of the superintendent of schools, for\na probationary period of four years, except that in the case of a\nteacher who has rendered satisfactory service as a regular substitute\nfor 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 article, 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\nor the trustees of a common school district.\n (b) i. Principals, administrators, supervisors and all other members\nof the supervising staff of school districts, including common school\ndistricts and/or school districts employing fewer than eight teachers,\nother than city school districts, who are appointed prior to July first,\ntwo thousand fifteen, shall be appointed by the board of education, or\nthe trustees of a common school district, upon the recommendation of the\nsuperintendent of schools for a probationary period of three years. The\nservice of a person appointed to any of such positions may be\ndiscontinued at any time during the probationary period on the\nrecommendation of the superintendent of schools, by a majority vote of\nthe board of education or the trustees of a common school district.\n ii. Principals, administrators, supervisors and all other members of\nthe supervising staff of school districts, including common school\ndistricts and/or school districts employing fewer than eight teachers,\nother than city school districts, who are appointed on or after July\nfirst, two thousand fifteen, shall be appointed by the board of\neducation, or the trustees of a common school district, 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 of this\narticle, the principal, administrator, supervisor or other member of the\nsupervising staff shall be appointed for a probationary period of three\nyears. The service of a person appointed to any of such positions may be\ndiscontinued at any time during the probationary period on the\nrecommendation of the superintendent of schools, by a majority vote of\nthe board of education or the trustees of a common school district.\n (c) Any person previously appointed to tenure or a probationary period\npursuant to the provisions of former section three thousand thirteen of\nthis article shall continue to hold such position and be governed by the\nprovisions of this section notwithstanding any contrary provision of\nlaw.\n 2. (a) At the expiration of the probationary term of a person\nappointed for such term prior to July first, two thousand fifteen,\nsubject to the conditions of this section, the superintendent of schools\nshall make a written report to the board of education or the trustees of\na common school district recommending for appointment on tenure those\npersons who have been found competent, efficient and satisfactory. Such\npersons, and all others employed in the teaching service of the schools\nof such union free school district, common school district and/or school\ndistrict employing fewer than eight teachers, who have served the\nprobationary period as provided in this section, shall hold their\nrespective positions during good behavior and efficient and competent\nservice, and shall not be removed except for any of the following\ncauses, after a hearing, as provided by section three thousand twenty-a\nof this article: (i) insubordination, immoral character or conduct\nunbecoming a teacher; (ii) inefficiency, incompetency, physical or\nmental disability, or neglect of duty; (iii) failure to maintain\ncertification as required by this chapter and by the regulations of the\ncommissioner. Each person who is not to be recommended for appointment\non tenure, shall be so notified by the superintendent of schools in\nwriting not later than sixty days immediately preceding the expiration\nof such person's probationary period.\n (b) At the expiration of the probationary term of a person appointed\nfor such term on or after July first, two thousand fifteen, subject to\nthe conditions of this section, the superintendent of schools shall make\na written report to the board of education or the trustees of a common\nschool district recommending for appointment on tenure those persons who\nhave been found competent, efficient and satisfactory. Any person who\nhas acquired tenure shall, upon such person's effective tenure date,\nhold their position during good behavior and efficient and competent\nservice, and shall not be removable except for cause after a hearing as\nprovided by section three thousand twenty and section three thousand\ntwenty-a of this article. Failure to maintain certification as required\nby this chapter and the regulations of the commissioner shall constitute\ncause for removal.\n 3. 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