§ 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. 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, the two thousand twenty one--two thousand twenty-two or the
two thousand twenty-two--two thousand twenty-three 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 article, 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 article 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 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 or
section three thousand twenty-b 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
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 in the case of a classroom teacher or building principal
appointed during the two thousand seventeen--two thousand eighteen or
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 article, 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, two thousand twenty--two thousand
twenty-one or the two thousand twenty-one--two thousand twenty-two
school year; provided that, in the case of a classroom teacher or
building principal appointed during the two thousand eighteen--two
thousand nineteen or two thousand nineteen--two thousand twenty school
year, who has not received composite annual professional performance
review ratings pursuant to section three thousand twelve-c or section
three thousand twelve-d of this article for three consecutive years, no
ratings shall be required for the superintendent of schools to recommend
for appointment on tenure such teacher or building principal if the
teacher or principal 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 review rating for the two thousand
nineteen--two thousand twenty, two thousand twenty--two thousand
twenty-one and two thousand twenty-one--two thousand twenty-two school
years; provided that in the case of a classroom teacher or building
principal appointed during the two thousand twenty-one--two thousand
twenty-two 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 article 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 or two thousand
twenty-one--two thousand twenty-two 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 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.