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, the two thousand twenty-one--two thousand\ntwenty-two or the two thousand twenty-two--two thousand twenty-three\nschool year and who has been appointed on tenure in a school district\nwithin the state, state school for the blind or deaf, the board of\ncooperative educational services where currently employed, or another\nboard of cooperative educational services, and who was not dismissed\nfrom such district, board or state school for the blind or deaf as a\nresult of charges brought pursuant to section three thousand twenty-a or\nsection three thousand twenty-b of this article, such teacher shall be\nappointed for a probationary period of three years; provided that, in\nthe case of a classroom teacher, such teacher demonstrates that he or\nshe received an annual professional performance review rating pursuant\nto section three thousand twelve-c or section three thousand twelve-d of\nthis article of either effective or highly effective in the two thousand\nseventeen--two thousand eighteen or two thousand eighteen--two thousand\nnineteen school year in such other school district, state school for the\nblind or deaf or board of cooperative educational services. Services of\na person so appointed to any such positions to which this paragraph\napplies may be discontinued at any time during the probationary period,\nupon the recommendation of the district superintendent, by a majority\nvote 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, in the case of a classroom teacher\nor building principal appointed during the two thousand seventeen--two\nthousand eighteen or two thousand twenty--two thousand twenty-one 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 article 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 in the most recent\nschool year where a rating was received, and would have been in the\ndistrict superintendent of schools' discretion qualified for appointment\non tenure 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, two thousand twenty--two\nthousand twenty-one or the two thousand twenty-one--two thousand\ntwenty-two school year; provided that, in the case of a classroom\nteacher or building principal appointed during the two thousand\neighteen--two thousand nineteen or two thousand nineteen--two thousand\ntwenty school year, who has not received composite annual professional\nperformance review ratings pursuant to section three thousand twelve-c\nor section three thousand twelve-d of this article for three consecutive\nyears, no ratings shall be required for the district superintendent of\nschools to recommend for appointment on tenure such teacher or building\nprincipal if the teacher or principal would have been, in the district\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 review rating for the\ntwo thousand nineteen--two thousand twenty, two thousand twenty--two\nthousand twenty-one and two thousand twenty-one--two thousand twenty-two\nschool years; provided that in the case of a classroom teacher or\nbuilding principal appointed during the two thousand twenty-one--two\nthousand twenty-two school year who have received composite annual\nprofessional performance review ratings pursuant to section three\nthousand twelve-c or section three thousand twelve-d of this article of\neither effective or highly effective in at least two of the four\npreceding years, exclusive of any breaks in service, and did not receive\nan ineffective rating in the final year of his or her probationary\nperiod, or during 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 twenty--two\nthousand twenty-one or two thousand twenty-one--two thousand twenty-two\nschool year; provided further that, notwithstanding any other provision\nof this section to the contrary, when a teacher or principal receives an\neffective or highly effective rating in each year of his or her\nprobationary service except he or she receives an ineffective rating in\nthe final year of his or her probationary period, such teacher shall not\nbe eligible for tenure but the board of education in its discretion, may\nextend 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