N.Y. Educ. Law § 3012

§ 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 or section three thousand twenty-b of this article,\nthe probationary period shall not exceed two years. The service of a\nperson appointed to any of such positions may be discontinued at any\ntime 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 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 two years and, if a classroom teacher, has received\nannual professional performance review ratings in each of those years,\nor has rendered satisfactory service as a seasonally licensed per\nsession teacher of swimming in day schools who has served in that\ncapacity for a period of two years and has been appointed to teach the\nsame subject in day schools, on an annual salary, the teacher shall be\nappointed for a probationary period of two years; 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\nor section three thousand twenty-b of this article, the teacher shall be\nappointed for a probationary period of three years; provided that, in\nthe case of a classroom teacher, the teacher demonstrates that he or she\nreceived an annual professional performance review rating pursuant to\nsection three thousand twelve-c or section three thousand twelve-d of\nthis chapter in his or her final year of service in such other school\ndistrict or board of cooperative educational services. The service of a\nperson appointed to any of such positions may be discontinued at any\ntime 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. 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 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\nor section three thousand twenty-b of this article: (a) insubordination,\nimmoral character or conduct unbecoming a teacher; (b) inefficiency,\nincompetency, physical or mental disability, or neglect of duty; (c)\nfailure to maintain certification as required by this chapter and by the\nregulations of the commissioner. 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 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 and, in the case\nof a classroom teacher or building principal, who have received\ncomposite annual professional performance review ratings pursuant to\nsection three thousand twelve-c or section three thousand twelve-d of\nthis article, of either effective or highly effective in at least three\nof the four preceding years, exclusive of any breaks in service;\nprovided that, notwithstanding any other provision of this section to\nthe contrary, when a teacher or principal receives an effective or\nhighly effective rating in each year of his or her probationary service\nexcept he or she receives an ineffective rating in the final year of his\nor her probationary period, such teacher 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. At\nthe expiration of the probationary period, the classroom teacher or\nbuilding principal shall remain in probationary status until the end of\nthe school year in which such teacher or principal has received such\nratings of effective or highly effective for at least three of the four\npreceding school years, exclusive of any breaks in service, and subject\nto the terms hereof, during which time the trustees or board of\neducation shall consider whether to grant tenure for those classroom\nteachers or building principals who otherwise have been found competent,\nefficient and satisfactory. Provided, however, that the trustees or\nboard of education may grant tenure contingent upon a classroom\nteacher's or building principal's receipt of a minimum rating in the\nfinal year of the probationary period, pursuant to the requirements of\nthis section, and if such contingency is not met after all appeals have\nbeen exhausted, the grant of tenure shall be void and unenforceable and\nthe teacher's or principal's probationary period may be extended in\naccordance with this subdivision. Such persons who have been recommended\nfor tenure and all others employed in the teaching service of the\nschools of such school district who have served the full probationary\nperiod as extended pursuant to this subdivision shall hold their\nrespective positions 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-a or section three thousand\ntwenty-b 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