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\narticle 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; and provided further 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 article, the principal,\nadministrator, supervisor, or other member of the supervising staff\nshall be appointed for a probationary period of three years. Provided\nfurther, however, that in the case of a classroom teacher who has been\nappointed for a probationary period during the two thousand twenty--two\nthousand twenty-one school year and who has been appointed on tenure in\na school district within the state, state school for the blind or deaf,\nthe board of cooperative educational services where currently employed,\nor another board of cooperative educational services, and who was not\ndismissed from such district, board or state school for the blind or\ndeaf as a result of charges brought pursuant to section three thousand\ntwenty-a or section three thousand twenty-b of this article, such\nteacher shall be appointed for a probationary period of three years;\nprovided that, in the case of a classroom teacher, such teacher\ndemonstrates that he or she received an annual professional performance\nreview rating pursuant to section three thousand twelve-c or section\nthree thousand twelve-d of this article of either effective or highly\neffective in the two thousand seventeen--two thousand eighteen or two\nthousand eighteen--two thousand nineteen school year in such other\nschool district, state school for the blind or deaf or board of\ncooperative educational services. Services of a person so appointed to\nany such positions to which this paragraph applies may be discontinued\nat any time during the probationary period, upon the recommendation of\nthe district superintendent, by a majority vote of the board of\ncooperative 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, in the case of a classroom teacher\nor building principal appointed during the two thousand seventeen--two\nthousand eighteen, two thousand eighteen--two thousand nineteen or two\nthousand nineteen--two thousand twenty 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 article of either effective or highly effective in at least one 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 in the most recent school year where a rating was\nreceived, and would have been in the district superintendent of schools'\ndiscretion qualified for appointment on tenure based upon performance,\nnotwithstanding that his or her annual professional performance review\nhad not been completed and he or she had not received an annual\nprofessional performance rating for the two thousand nineteen--two\nthousand twenty and two thousand twenty--two thousand twenty-one school\nyears; provided that, in the case of a classroom teacher or building\nprincipal appointed during the two thousand twenty--two thousand\ntwenty-one school year who have received composite annual professional\nperformance review ratings pursuant to section three thousand twelve-c\nor section three thousand twelve-d of this article of either effective\nor highly effective in at least two of the four preceding years,\nexclusive of any breaks in service, and did not receive an ineffective\nrating in the final year of his or her probationary period, or during\nthe most recent school year where a rating was received, and would have\nbeen in the district superintendent of schools' discretion qualified for\nappointment on tenure based upon performance, notwithstanding that his\nor her annual professional performance review had not been completed and\nhe or she had not received an annual professional performance rating for\nthe two thousand twenty--two thousand twenty-one school year; provided\nfurther that, notwithstanding any other provision of this section to the\ncontrary, when a teacher or principal receives an effective or highly\neffective rating in each year of his or her probationary service except\nhe or she receives an ineffective rating in the final year of his or her\nprobationary period, such teacher shall not be eligible for tenure but\nthe board of education in its discretion, may extend the teacher's\nprobationary period for an additional year; provided, however that if\nsuch teacher or principal successfully appealed such ineffective rating,\nsuch teacher or principal shall immediately be eligible for tenure if\nthe rating resulting from the appeal established that such individual\nhas been effective or highly effective in at least three of the\npreceding four years and was not ineffective in the final year. 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, during which\ntime a board of cooperative educational services shall consider whether\nto grant tenure for those classroom teachers or building principals who\notherwise have been found competent, efficient and satisfactory.\nProvided, however, that the board of cooperative educational services\nmay grant tenure contingent upon a classroom teacher's or building\nprincipal's receipt of a minimum rating in the final year of the\nprobationary period, pursuant to the requirements of this section, and\nif such contingency is not met after all appeals have been exhausted,\nthe grant of 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 shall hold their respective positions during\ngood behavior and competent and efficient service and shall not be\nremoved 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