N.Y. Educ. Law § 3012

§ 3012. Tenure: certain school districts. 1. (a) 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, shall be appointed by\nthe board of education, or the trustees of common school districts, upon\nthe recommendation 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 chapter, 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 (b) 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, 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 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 or the trustees of a common school\ndistrict.\n (c) Any person previously appointed to tenure or a probationary period\npursuant to the provisions of former section three thousand thirteen of\nthis chapter shall continue to hold such position and be governed by the\nprovisions of this section notwithstanding any contrary provision of\nlaw.\n 2. At the expiration of the probationary term of a person appointed\nfor such term, subject to the conditions of this section, the\nsuperintendent of schools shall make a written report to the board of\neducation or the trustees of a common school district recommending for\nappointment on tenure those persons who have been found competent,\nefficient and satisfactory, consistent with any applicable rules of the\nboard of regents adopted pursuant to section three thousand twelve-b of\nthis article. Such persons, and all others employed in the teaching\nservice of the schools of such union free school district, common school\ndistrict and/or school district employing fewer than eight teachers, who\nhave served the probationary period as provided in this section, shall\nhold their respective positions during good behavior and efficient and\ncompetent service, and shall not be removed except for any of the\nfollowing causes, after a hearing, as provided by section three thousand\ntwenty-a of such law: (a) insubordination, immoral character or conduct\nunbecoming a teacher; (b) inefficiency, incompetency, physical or mental\ndisability, or neglect of duty; (c) failure to maintain certification as\nrequired by this chapter and by the regulations of the commissioner.\nEach person who is not to be recommended for appointment on tenure,\nshall be so notified by the superintendent of schools in writing not\nlater than sixty days immediately preceding the expiration of his\nprobationary period.\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