2018 New York Laws
EDN - Education
Title 4 - Teachers and Pupils
Article 61 - Teachers and Supervisory and Administrative Staff
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 or section three thousand twenty-b  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  two  years and, if a classroom teacher, has received
  annual professional performance review ratings in each of  those  years,
  or  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 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 two years; 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
  or section three thousand twenty-b of this article, the teacher shall be
  appointed for a probationary period of three years;  provided  that,  in
  the case of a classroom teacher, the teacher demonstrates that he or she
  received  an  annual  professional performance review rating pursuant to
  section three thousand twelve-c or section three  thousand  twelve-d  of
  this  chapter  in  his or her final year of service in such other school
  district or board of cooperative educational services. 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. 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
  or section three thousand twenty-b of this article: (a) insubordination,
  immoral  character  or  conduct  unbecoming a teacher; (b) inefficiency,
  incompetency, physical or mental disability, or  neglect  of  duty;  (c)
  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 his 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 and, in the case
  of  a  classroom  teacher  or  building  principal,  who  have  received
  composite  annual  professional  performance  review ratings pursuant to
  section three thousand twelve-c or section three  thousand  twelve-d  of
  this  article, of either effective or highly effective in at least three
  of the four  preceding  years,  exclusive  of  any  breaks  in  service;
  provided  that,  notwithstanding  any other provision of this section to

  the contrary, when a teacher  or  principal  receives  an  effective  or
  highly  effective rating in each year of his or her probationary service
  except he or she receives an ineffective rating in the final year of his
  or  her  probationary  period,  such  teacher  shall not be eligible for
  tenure but the board of education, in its  discretion,  may  extend  the
  teacher's probationary period for an additional year; provided, however,
  that if such teacher or principal successfully appealed such ineffective
  rating,  such  teacher  or  principal  shall immediately be eligible for
  tenure if the rating resulting from the  appeal  established  that  such
  individual  has  been effective or highly effective in at least three of
  the preceding four years and was not ineffective in the final  year.  At
  the  expiration  of  the  probationary  period, the classroom teacher or
  building principal shall remain in probationary status until the end  of
  the  school  year  in  which such teacher or principal has received such
  ratings of effective or highly effective for at least three of the  four
  preceding  school years, exclusive of any breaks in service, and subject
  to the terms  hereof,  during  which  time  the  trustees  or  board  of
  education  shall  consider  whether  to grant tenure for those classroom
  teachers or building principals who otherwise have been found competent,
  efficient and satisfactory. Provided,  however,  that  the  trustees  or
  board  of  education  may  grant  tenure  contingent  upon  a  classroom
  teacher's or building principal's receipt of a  minimum  rating  in  the
  final  year  of the probationary period, pursuant to the requirements of
  this section, and if such contingency is not met after all appeals  have
  been  exhausted, the grant of tenure shall be void and unenforceable and
  the teacher's or principal's probationary  period  may  be  extended  in
  accordance with this subdivision. Such persons who have been recommended
  for  tenure  and  all  others  employed  in  the teaching service of the
  schools of such school district who have served  the  full  probationary
  period  as  extended  pursuant  to  this  subdivision  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 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.