BILL NUMBER:  S5498

 TITLE OF BILL :
An act to amend the education law, in relation to securing for
previously tenured administrators and supervisors the same
probationary period as provided for teachers and all other members of
the teaching staffs of school districts in the state


 PURPOSE :
This legislation would correct this inconsistency in probationary
periods between school teachers and school administrators when a
district determines to offer tenure.

 SUMMARY OF PROVISIONS :
This bill would amend Education Law section 3012(1) (b) to provide
that a public school administrator previously appointed on tenure who
then transfers or moves to a different district shall serve a
probationary period of two years.

 JUSTIFICATION :
Tenure refers to the employment status an education professional may
earn through evidence of positive professional experience and
qualifications.  In New York, tenure refers to the due process rights
afforded to teachers and administrators after they have served the
district for a probationary period of three years (as set out in
              

statute). Prior to being appointed tenure, a public school employee,
either a teacher or administrator, must successfully complete the
probationary period of employment, be recommended by the
superintendent, and be approved by the Board of Education. A teacher
or administrator who has earned tenure in a district is afforded the
right to due process and can be disciplined or dismissed if cause is
shown through a full hearing procedure set out in Education Law
section 3020-a.

When a teacher or administrator holding tenure in a school district
decides to accept employment in another district, he or she must, once
again, perform their duties while on probation. There is one
distinction; a teacher must serve at least two years before a district
reviews their performance and decides to grant tenure where an
administrator must serve three years. This exception was added to the
tenure law in 1980. The reasoning behind this exception is that a
teacher who has been appointed tenure in a district has satisfactory
proven his or her skills and abilities. The shortened probationary
period is in recognition of the demonstrated knowledge and expertise.
However, a corresponding exception was not added to the paragraph of
the same section of law which applies to administrators. It should be
noted that this is the only section of Title IV where teachers and
administrators are currently treated differently. In all other cases,
the due process rights afforded to each group are identical. The
result is a disparity in the probationary t~me frames for teachers who
have previously earned tenure and similarly situated administrators.

This legislation would correct this inconsistency in probationary
periods between school educators. It would do this by equalizing the
tenure probationary periods for previously tenured administrators and
previously tenured teachers. If enacted, the time frame for both types
of professional educators would be two years. This singular and
inconsistent disparity should be, and would be, corrected by this
legislation.  This bill does not otherwise restrict, change or limit
the rights of teachers or administrators under Title IV of the
Education Law.

 LEGISLATIVE HISTORY :
2005-06 - A.11244 Referred to Education
2007-08 - A.831 Referred to Education
 FISCAL IMPACT ON THE STATE :
None.

 EFFECTIVE DATE :
This act shall take effect on the first of July next succeeding the
date on which it shall have become a law.