N.Y. Education Law § 3031: Procedure when tenure not to be granted at conclusion of probationary period or when services to be discontinued

§ 3031. Procedure when tenure not to be granted at conclusion of

probationary period or when services to be discontinued. Notwithstanding

any other provision of this chapter: (a) boards of education, trustees

of common school districts and boards of cooperative educational

services shall review all recommendations not to appoint a person on

tenure, and, teachers, administrators and supervisors employed on

probation by any school district or by any board of cooperative

educational services, as to whom a recommendation is to be made that

appointment on tenure not be granted or that their services be

discontinued shall, at least thirty days prior to the board meeting at

which such recommendation is to be considered, be notified of such

intended recommendation and the date of the board meeting at which it is

to be considered. Such teacher, administrator and supervisor may, not

later than twenty-one days prior to such meeting, request in writing

that he be furnished with a written statement giving the reasons for

such recommendation and within seven days thereafter such written

statement shall be furnished. Such teacher, administrator and supervisor

may file a written response to such statement with the district clerk

not later than seven days prior to the date of the board meeting.

(b) Where a board of education, trustees of a common school district,

or board of cooperative educational services votes to reject the

recommendation of a superintendent of schools, district superintendent

or district principal to grant tenure to any teacher, administrator and

supervisor employed on probation, such vote shall be considered advisory

and at least thirty days prior to the board meeting at which such

recommendation is to be finally considered, the board shall notify said

teacher, administrator and supervisor of its intention to deny tenure

and the date of the board meeting at which it will take final action.

Such teacher, administrator and supervisor may, not later than

twenty-one days prior to such meeting, request in writing that he be

furnished with a written statement giving the board's reasons for such

intended action and within seven days thereafter such written statement

should be furnished. Such teacher, administrator and supervisor may file

a written response to such statement with the district clerk not later

than seven days prior to the date of the board meeting.

(c) This section shall not be construed as modifying existing law with

respect to the rights of probationary teachers or the powers and duties

of boards of education, trustees of common school districts or boards of

cooperative educational services, with respect to the discontinuance of

services of teachers, administrators and supervisors or appointments on

tenure of teachers, administrators and supervisors.