N.Y. Educ. Law § 2509
Appointment of assistant and other superintendents, teachers and other employees
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Current — January 1, 2025
As of January 1, 2022
§ 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 two years and, if a classroom teacher, has\nreceived composite annual professional performance review ratings in\neach of those years, or has rendered satisfactory service 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 teacher shall be appointed for a probationary period of two years;\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 or section three thousand twenty-b of this chapter,\nthe teacher shall be appointed for a probationary period of three years;\nprovided that the teacher demonstrates that he or she received an annual\nprofessional performance review rating pursuant to section three\nthousand twelve-c or section three thousand twelve-d of this chapter in\nhis or her final year of service in such other school district or board\nof cooperative educational services. Provided further, however, that in\nthe case of a teacher who has been appointed for a probationary period\nduring the two thousand twenty--two thousand twenty-one school year and\nwho has been appointed on tenure in another school district within the\nstate, the school district where currently employed, board of\ncooperative educational services or state school for the blind or deaf\nand who was not dismissed from such district, board or state school for\nthe blind or deaf as a result of charges brought pursuant to subdivision\none of section three thousand twenty-a or section three thousand\ntwenty-b of this chapter, such teacher shall be appointed for a\nprobationary period of three years; provided that, in the case of a\nclassroom teacher, such teacher demonstrates that he or she received an\nannual professional performance review rating pursuant to section three\nthousand twelve-c or section three thousand twelve-d of this chapter in\nthe two thousand seventeen--two thousand eighteen or two thousand\neighteen--two thousand nineteen school year in such other school\ndistrict, board of cooperative educational services or state school for\nthe blind or deaf. 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. Each person who is not to be\nrecommended for appointment on tenure shall be so notified by the\nsuperintendent of schools in writing not later than sixty days\nimmediately preceding the expiration of his/her probationary 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 and in the case of a classroom\nteacher or building principal, who have received annual professional\nperformance review ratings pursuant to section three thousand twelve-c\nor section three thousand twelve-d of this chapter, of either effective\nor highly effective in at least three of the four preceding years,\nexclusive of any breaks in service; provided that, in the case of a\nclassroom teacher or building principal appointed during the two\nthousand seventeen--two thousand eighteen, two thousand eighteen--two\nthousand nineteen or two thousand nineteen--two thousand twenty school\nyear, who have received composite annual professional performance review\nratings pursuant to section three thousand twelve-c or section three\nthousand twelve-d of this chapter, of either effective or highly\neffective in at least one of the four preceding years, exclusive of any\nbreaks in service, and did not receive an ineffective rating in the\nfinal year of his or her probationary period, or during the most recent\nschool year where a rating was received, and would have been in the\nsuperintendent of schools' discretion qualified for appointment on\ntenure based upon performance, notwithstanding that his or her annual\nprofessional performance review had not been completed and he or she had\nnot received an annual professional performance rating for the two\nthousand nineteen--two thousand twenty and two thousand twenty--two\nthousand twenty-one school years; provided that, in the case of a\nclassroom teacher or building principal appointed during the two\nthousand twenty--two thousand twenty-one school year who have received\ncomposite annual professional performance review ratings pursuant to\nsection three thousand twelve-c or section three thousand twelve-d of\nthis chapter of either effective or highly effective in at least two of\nthe four preceding years, exclusive of any breaks in service, and did\nnot receive an ineffective rating in the final year of his or her\nprobationary period, or during the most recent school year where a\nrating was received, and would have been in the superintendent of\nschools' discretion qualified for appointment on tenure based upon\nperformance, notwithstanding that his or her annual professional\nperformance review had not been completed and he or she had not received\nan annual professional performance rating for the two thousand\ntwenty--two thousand twenty-one school year; provided further that,\nnotwithstanding any other provision of this section to the contrary,\nwhen a teacher or principal receives an effective or highly effective\nrating in each year of his or her probationary service except he or she\nreceives an ineffective rating in the final year of his or her\nprobationary period, such teacher or principal shall not be eligible for\ntenure but the board of education in its discretion, may extend the\nteacher's probationary period for an additional year; provided, however,\nthat if such teacher or principal successfully appealed such ineffective\nrating, such teacher or principal shall immediately be eligible for\ntenure if the rating resulting from the appeal established that such\nindividual has been effective or highly effective in at least three of\nthe preceding four years and was not ineffective in the final year. By a\nmajority vote, the board of education may then appoint on tenure any or\nall of the persons recommended by the superintendent of schools. At the\nexpiration of the probationary period, the classroom teacher or building\nprincipal shall remain in probationary status until the end of the\nschool year in which such teacher or principal has received such ratings\nof effective or highly effective for at least three of the four\npreceding school years exclusive of any breaks in service and subject to\nthe terms hereof, during which time a board of education shall consider\nwhether to grant tenure for those classroom teachers or building\nprincipals who otherwise have been found competent, efficient and\nsatisfactory. Provided, however, that the board of education may grant\ntenure contingent upon a classroom teacher's or building principal's\nreceipt of a minimum rating in the final year of the probationary\nperiod, pursuant to the requirements of this section, and if such\ncontingency is not met after all appeals have been exhausted, the grant\nof tenure shall be void and unenforceable and the teacher's or\nprincipal's probationary period may be extended in accordance with this\nsubdivision. Such persons who have been recommended for tenure and all\nothers employed in the teaching service of the schools of such school\ndistrict who have served the full probationary period as extended\npursuant to this subdivision 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 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
§ 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
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.