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SECTION 2509
Appointment of assistant and other superintendents, teachers and other employees
Education (EDN) CHAPTER 16, TITLE 2, ARTICLE 51
§ 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 two years and, if a classroom teacher, has
received composite 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 chapter,
the teacher shall be appointed for a probationary period of three years;
provided that 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. Provided further, however, that in
the case of a teacher who has been appointed for a probationary period
during the two thousand twenty--two thousand twenty-one school year and
who has been appointed on tenure in another school district within the
state, the school district where currently employed, board of
cooperative educational services or state school for the blind or deaf
and who was not dismissed from such district, board or state school for
the blind or deaf 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, such teacher shall be appointed for a
probationary period of three years; provided that, in the case of a
classroom teacher, such 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
the two thousand seventeen--two thousand eighteen or two thousand
eighteen--two thousand nineteen school year in such other school
district, board of cooperative educational services or state school for
the blind or deaf. 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/her 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 and in the case of a classroom
teacher or building principal, who have received annual professional
performance review ratings pursuant to section three thousand twelve-c
or section three thousand twelve-d of this chapter, of either effective
or highly effective in at least three of the four preceding years,
exclusive of any breaks in service; provided that, in the case of a
classroom teacher or building principal appointed during the two
thousand seventeen--two thousand eighteen, two thousand eighteen--two
thousand nineteen or two thousand nineteen--two thousand twenty school
year, who have received composite annual professional performance review
ratings pursuant to section three thousand twelve-c or section three
thousand twelve-d of this chapter, of either effective or highly
effective in at least one of the four preceding years, exclusive of any
breaks in service, and did not receive an ineffective rating in the
final year of his or her probationary period, or during the most recent
school year where a rating was received, and would have been in the
superintendent of schools' discretion qualified for appointment on
tenure based upon performance, notwithstanding that his or her annual
professional performance review had not been completed and he or she had
not received an annual professional performance rating for the two
thousand nineteen--two thousand twenty and two thousand twenty--two
thousand twenty-one school years; provided that, in the case of a
classroom teacher or building principal appointed during the two
thousand twenty--two thousand twenty-one school year who have received
composite annual professional performance review ratings pursuant to
section three thousand twelve-c or section three thousand twelve-d of
this chapter of either effective or highly effective in at least two of
the four preceding years, exclusive of any breaks in service, and did
not receive an ineffective rating in the final year of his or her
probationary period, or during the most recent school year where a
rating was received, and would have been in the superintendent of
schools' discretion qualified for appointment on tenure based upon
performance, notwithstanding that his or her annual professional
performance review had not been completed and he or she had not received
an annual professional performance rating for the two thousand
twenty--two thousand twenty-one school year; provided further 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 or principal 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. 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. 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 a 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 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
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.