N.Y. Educ. Law § 3014

§ 3014. Tenure: boards of cooperative educational services. 1. (a)\nAdministrative assistants, supervisors, teachers and all other members\nof the teaching and supervising staff of the board of cooperative\neducational services appointed prior to July first, two thousand\nfifteen, shall be appointed by a majority vote of the board of\ncooperative educational services upon the recommendation of the district\nsuperintendent of schools for a probationary period of not to exceed\nthree years; provided, however, that in the case of a teacher who has\nbeen appointed on tenure in a school district within the state, the\nboard of cooperative educational services where currently employed, or\nanother board of cooperative educational services, and who was not\ndismissed 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 article, the probationary period\nshall not exceed two years. Services of a person so appointed to any\nsuch positions may be discontinued at any time during such probationary\nperiod, upon the recommendation of the district superintendent, by a\nmajority vote of the board of cooperative educational services.\n (b) Administrative assistants, supervisors, teachers and all other\nmembers of the teaching and supervising staff of the board of\ncooperative educational services appointed on or after July first, two\nthousand fifteen, shall be appointed by a majority vote of the board of\ncooperative educational services upon the recommendation of the district\nsuperintendent of schools for a probationary period of not to exceed\nfour years; provided, however, that in the case of a teacher who has\nbeen appointed on tenure in a school district within the state, the\nboard of cooperative educational services where currently employed, or\nanother board of cooperative educational services, and who was not\ndismissed from such district or board as a result of charges brought\npursuant to section three thousand twenty-a or section three thousand\ntwenty-b of this article, the teacher shall be appointed for a\nprobationary period of three years; provided that, in the case of a\nclassroom teacher, the teacher demonstrates that he or she received a\ncomposite annual professional performance review rating pursuant to\nsection three thousand twelve-c or three thousand twelve-d of this\nchapter of either effective or highly effective in his or her final year\nof service in such other school district or board of cooperative\neducational services. Services of a person so appointed to any such\npositions may be discontinued at any time during such probationary\nperiod, upon the recommendation of the district superintendent, by a\nmajority vote of the board of cooperative educational services.\n 2. (a) On or before the expiration of the probationary term of a\nperson appointed for such term prior to July first, two thousand\nfifteen, the district superintendent of schools shall make a written\nreport to the board of cooperative educational services recommending for\nappointment on tenure persons who have been found competent, efficient\nand satisfactory. Such persons shall hold their respective positions\nduring good behavior and competent and efficient service and shall not\nbe removed except for any of the following causes, after a hearing, as\nprovided by section three thousand twenty-a or section three thousand\ntwenty-b of this article: (i) Insubordination, immoral character or\nconduct unbecoming a teacher; (ii) Inefficiency, incompetency, or\nneglect of duty; (iii) Failure to maintain certification as required by\nthis chapter and by the regulations of the commissioner. Each person who\nis not to be so recommended for appointment on tenure shall be so\nnotified in writing by the district superintendent not later than sixty\ndays immediately preceding the expiration of his or her probationary\nperiod.\n (b) On or before the expiration of the probationary term of a person\nappointed for such term on or after July first, two thousand fifteen,\nthe district superintendent of schools shall make a written report to\nthe board of cooperative educational services recommending for\nappointment on tenure persons who have been found competent, efficient\nand satisfactory and, in the case of a classroom teacher or building\nprincipal, who have received composite annual professional performance\nreview ratings pursuant to section three thousand twelve-c or section\nthree thousand twelve-d of this article, of either effective or highly\neffective in at least three of the four preceding years, exclusive of\nany breaks in service; provided that, notwithstanding any other\nprovision of this section to the contrary, when a teacher or principal\nreceives an effective or highly effective rating in each year of his or\nher probationary service except he or she receives an ineffective rating\nin the final year of his or her probationary period, such teacher shall\nnot be eligible for tenure but the board of education in its discretion,\nmay extend the teacher's probationary period for an additional year;\nprovided, however that if such teacher or principal successfully\nappealed such ineffective rating, such teacher or principal shall\nimmediately be eligible for tenure if the rating resulting from the\nappeal established that such individual has been effective or highly\neffective in at least three of the preceding four years and was not\nineffective in the final year. At the expiration of the probationary\nperiod, the classroom teacher or building principal shall remain in\nprobationary status until the end of the school year in which such\nteacher or principal has received such ratings of effective or highly\neffective for at least three of the four preceding school years,\nexclusive of any breaks in service, during which time a board of\ncooperative educational services shall consider whether to grant tenure\nfor those classroom teachers or building principals who otherwise have\nbeen found competent, efficient and satisfactory. Provided, however,\nthat the board of cooperative educational services may grant tenure\ncontingent upon a classroom teacher's or building principal's receipt of\na minimum rating in the final year of the probationary period, pursuant\nto the requirements of this section, and if such contingency is not met\nafter all appeals have been exhausted, the grant of tenure shall be void\nand unenforceable and the teacher's or principal's probationary period\nmay be extended in accordance with this subdivision. Such persons shall\nhold their respective positions during good behavior and competent and\nefficient service and shall not be removed except for any of the\nfollowing causes, after a hearing, as provided by section three thousand\ntwenty-a or section three thousand twenty-b of this article: (i)\nInsubordination, immoral character or conduct unbecoming a teacher; (ii)\nInefficiency, incompetency, or neglect of duty; (iii) Failure to\nmaintain certification as required by this chapter and by the\nregulations of the commissioner. Each person who is not to be so\nrecommended for appointment on tenure shall be so notified in writing by\nthe district superintendent not later than sixty days immediately\npreceding the expiration of his or her probationary period.\n