N.Y. Education Law § 3012: Tenure: certain school districts

§ 3012. Tenure: certain school districts. 1. (a) i. Teachers and all

other members of the teaching staff of school districts, including

common school districts and/or school districts employing fewer than

eight teachers, other than city school districts, who are appointed

prior to July first, two thousand fifteen, shall be appointed by the

board of education, or the trustees of common school districts, 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 article, 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 or the trustees of a common

school district.

ii. Teachers and all other members of the teaching staff of school

districts, including common school districts and/or school districts

employing fewer than eight teachers, other than city school districts,

who are appointed on or after July first, two thousand fifteen, shall be

appointed by the board of education, or the trustees of common school

districts, 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 article, 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

or the trustees of a common school district.

(b) i. Principals, administrators, supervisors and all other members

of the supervising staff of school districts, including common school

districts and/or school districts employing fewer than eight teachers,

other than city school districts, who are appointed prior to July first,

two thousand fifteen, shall be appointed by the board of education, or

the trustees of a common school district, 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 or the trustees of a common school district.

ii. Principals, administrators, supervisors and all other members of

the supervising staff of school districts, including common school

districts and/or school districts employing fewer than eight teachers,

other than city school districts, who are appointed on or after July

first, two thousand fifteen, shall be appointed by the board of

education, or the trustees of a common school district, 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 of this

article, 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 or the trustees of a common school district.

(c) Any person previously appointed to tenure or a probationary period

pursuant to the provisions of former section three thousand thirteen of

this article shall continue to hold such position and be governed by the

provisions of this section notwithstanding any contrary provision of

law.

2. (a) At the expiration of the probationary term of a person

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

subject to the conditions of this section, the superintendent of schools

shall make a written report to the board of education or the trustees of

a common school district recommending for appointment on tenure those

persons who have been found competent, efficient and satisfactory. Such

persons, and all others employed in the teaching service of the schools

of such union free school district, common school district and/or school

district employing fewer than eight teachers, who have served the

probationary period as provided in this section, shall hold their

respective positions during good behavior and efficient and competent

service, and shall not be removed except for any of the following

causes, after a hearing, as provided by section three thousand twenty-a

of this article: (i) insubordination, immoral character or conduct

unbecoming a teacher; (ii) inefficiency, incompetency, physical or

mental disability, or neglect of duty; (iii) failure to maintain

certification as required by this chapter and by the regulations of the

commissioner. 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) At the expiration of the probationary term of a person appointed

for such term on or after July first, two thousand fifteen, subject to

the conditions of this section, the superintendent of schools shall make

a written report to the board of education or the trustees of a common

school district recommending for appointment on tenure those persons who

have been found competent, efficient and satisfactory. 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 article. Failure to maintain certification as required

by this chapter and the regulations of the commissioner shall constitute

cause for removal.

3. 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.