N.Y. Education Law § 2509: Appointment of assistant and other superintendents, teachers and other employees

§ 2509. Appointment of assistant and other superintendents, teachers

and other employees. 1. (a) i. Teachers and all other members of the

teaching staff appointed prior to July first, two thousand fifteen and

authorized by section twenty-five hundred three of this article, shall

be appointed by the board of education, upon the recommendation of the

superintendent of schools, for a probationary period of three years,

except that in the case of a teacher who has rendered satisfactory

service as a regular substitute for a period of two years or as a

seasonally licensed per session teacher of swimming in day schools who

has served in that capacity for a period of two years and has been

appointed to teach the same subject in day schools on an annual salary,

the probationary period shall be limited to one year; provided, however,

that in the case of a teacher who has been appointed on tenure in

another school district within the state, the school district where

currently employed, or a board of cooperative educational services, and

who was not dismissed from such district or board as a result of charges

brought pursuant to subdivision one of section three thousand twenty-a

of this chapter, the probationary period shall not exceed two years. The

service of a person appointed to any of such positions may be

discontinued at any time during such probationary period, on the

recommendation of the superintendent of schools, by a majority vote of

the board of education. Each person who is not to be recommended for

appointment on tenure shall be so notified by the superintendent of

schools in writing not later than sixty days immediately preceding the

expiration of his probationary period.

ii. Notwithstanding any other provision of law or regulation to the

contrary, teachers and all other members of the teaching staff appointed

on or after July first, two thousand fifteen and authorized by section

twenty-five hundred three of this article, shall be appointed by the

board of education, upon the recommendation of the superintendent of

schools, for a probationary period of four years, except that in the

case of a teacher who has rendered satisfactory service as a regular

substitute for a period of up to two years, or such teacher has rendered

satisfactory service as a seasonally licensed per session teacher of

swimming in day schools who has served in that capacity for a period of

up to two years and has been appointed to teach the same subject in day

schools on an annual salary, the teacher shall be appointed for a

probationary period of a minimum of two years, depending upon the length

of the regular substitute service that shall shorten the length of the

probationary period; provided, however, that in the case of a teacher

who has been appointed on tenure in another school district within the

state, the school district where currently employed, or a board of

cooperative educational services, and who was not dismissed from such

district or board as a result of charges brought pursuant to subdivision

one of section three thousand twenty-a of this chapter, the teacher

shall be appointed for a probationary period of three years. The service

of a person appointed to any of such positions may be discontinued at

any time during such probationary period, on the recommendation of the

superintendent of schools, by a majority vote of the board of education.

Each person who is not to be recommended for appointment on tenure shall

be so notified by the superintendent of schools in writing not later

than sixty days immediately preceding the expiration of such person's

probationary period.

(b) i. Administrators, directors, supervisors, principals and all

other members of the supervising staff, except associate, assistant and

other superintendents appointed prior to July first, two thousand

fifteen and authorized by section twenty-five hundred three of this

article, shall be appointed by the board of education, upon the

recommendation of the superintendent of schools for a probationary

period of three years. The service of a person appointed to any of such

positions may be discontinued at any time during the probationary period

on the recommendation of the superintendent of schools, by a majority

vote of the board of education.

ii. Notwithstanding any other provision of law or regulation to the

contrary, administrators, directors, supervisors, principals and all

other members of the supervising staff, except associate, assistant and

other superintendents, appointed on or after July first, two thousand

fifteen and authorized by section twenty-five hundred three of this

article, shall be appointed by the board of education, upon the

recommendation of the superintendent of schools for a probationary

period of four years; provided, however, that in the case of a

principal, administrator, supervisor, or other member of the supervising

staff who has been appointed on tenure pursuant to this chapter as an

administrator within an authorized administrative tenure area in another

school district within the state, the school district where currently

employed, or a board of cooperative educational services, and who was

not dismissed from such district or board as a result of charges brought

pursuant to subdivision one of section three thousand twenty-a or

section three thousand twenty-b of this chapter, the principal,

administrator, supervisor or other member of the supervising staff shall

be appointed for a probationary period of three years. The service of a

person appointed to any of such positions may be discontinued at any

time during the probationary period on the recommendation of the

superintendent of schools, by a majority vote of the board of education.

2. a. At the expiration of the probationary term of any persons

appointed for such term prior to July first, two thousand fifteen, or

within six months prior thereto, the superintendent of schools shall

make a written report to the board of education recommending for

appointment on tenure those persons who have been found competent,

efficient and satisfactory. By a majority vote the board of education

may then appoint on tenure any or all of the persons recommended by the

superintendent of schools. Such persons and all others employed in the

teaching service of the schools of such school district who have served

the full probationary period shall hold their respective positions

during good behavior and efficient and competent service, and shall not

be removable except for cause after a hearing as provided by section

three thousand twenty-a or section three thousand twenty-b of this

chapter. Failure to maintain certification as required by this chapter

and the regulations of the commissioner shall constitute cause for

removal.

b. For persons appointed on or after July first, two thousand fifteen,

at the expiration of the probationary term of any persons appointed for

such term, or within six months prior thereto, the superintendent of

schools shall make a written report to the board of education

recommending for appointment on tenure those persons who have been found

competent, efficient and satisfactory. By a majority vote, the board of

education may then appoint on tenure any or all of the persons

recommended by the superintendent of schools. Any person who has

acquired tenure shall, upon such person's effective tenure date, hold

their position during good behavior and efficient and competent service,

and shall not be removable except for cause after a hearing as provided

by section three thousand twenty and section three thousand twenty-a of

this chapter. Failure to maintain certification as required by this

chapter and the regulations of the commissioner shall constitute cause

for removal.

3. Associate superintendents and all other employees authorized by

section twenty-five hundred three of this article, except as otherwise

provided in subdivision one of this section, shall be appointed by the

board of education, provided, however, that the board of education may

enter into an employment contract with an associate, assistant, or other

superintendent of schools for a period of from one to five years.

4. Clerks, draftsmen, inspectors, chemists, tabulating machine

operators, secretaries, stenographers, copyists, statisticians,

janitors, custodians, custodian-engineers, and all other administrative

employees of a board of education, unless otherwise provided in this

chapter, shall be appointed for a probationary period provided in the

civil service law and regulations based thereon. The service of a person

appointed to any of such positions may be discontinued by the board of

education at any time during such probationary period. Such persons and

all others employed in the administrative service of the board of

education who have served the full probationary period shall hold their

respective positions during good behavior and efficient and competent

service, and shall not be removed except for cause after a hearing by

the affirmative vote of a majority of the board.

5. No principal, supervisor, director, or teacher shall be appointed

to the teaching force of such city school district who does not possess

qualifications required under this chapter and under the regulations

prescribed by the commissioner of education for the persons employed in

such positions in the schools of the city school districts of the state,

but a board of education may prescribe additional or higher

qualifications for the persons employed in any of such positions.

6. Rules and regulations shall be adopted governing excusing of

absences and for the granting of leaves of absence either with or

without pay for all members of the teaching and supervising staff and

other employees.

7. Notwithstanding any other provision of this section no period in

any school year for which there is no required service and/or for which

no compensation is provided shall in any event constitute a break or

suspension of probationary period or continuity of tenure rights of any

of the persons hereinabove described.