§ 3014. Tenure: boards of cooperative educational services. 1. (a)
Administrative assistants, supervisors, teachers and all other members
of the teaching and supervising staff of the board of cooperative
educational services appointed prior to July first, two thousand
fifteen, shall be appointed by a majority vote of the board of
cooperative educational services upon the recommendation of the district
superintendent of schools for a probationary period of not to exceed
three years; provided, however, that in the case of a teacher who has
been appointed on tenure in a school district within the state, the
board of cooperative educational services where currently employed, or
another 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. Services of a person so appointed to any
such positions may be discontinued at any time during such probationary
period, upon the recommendation of the district superintendent, by a
majority vote of the board of cooperative educational services.

(b) Administrative assistants, supervisors, teachers and all other
members of the teaching and supervising staff of the board of
cooperative educational services appointed on or after July first, two
thousand fifteen, shall be appointed by a majority vote of the board of
cooperative educational services upon the recommendation of the district
superintendent of schools for a probationary period of not to exceed
four years; provided, however, that in the case of a teacher who has
been appointed on tenure in a school district within the state, the
board of cooperative educational services where currently employed, or
another board of cooperative educational services, and who was not
dismissed from such district or board as a result of charges brought
pursuant to 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 a
composite annual professional performance review rating pursuant to
section three thousand twelve-c or three thousand twelve-d of this
article of either effective or highly effective in his or her final year
of service in such other school district or board of cooperative
educational services; and provided further 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. Provided
further, however, that in the case of a classroom 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 a school district
within the state, state school for the blind or deaf, the board of
cooperative educational services where currently employed, or another
board of cooperative educational services, 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 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 of either effective or highly effective in the two thousand
seventeen--two thousand eighteen or two thousand eighteen--two thousand
nineteen school year in such other school district, state school for the
blind or deaf or board of cooperative educational services. Services of
a person so appointed to any such positions to which this paragraph
applies may be discontinued at any time during the probationary period,
upon the recommendation of the district superintendent, by a majority
vote of the board of cooperative educational services.

2. (a) On or before the expiration of the probationary term of a
person appointed for such term prior to July first, two thousand
fifteen, the district superintendent of schools shall make a written
report to the board of cooperative educational services recommending for
appointment on tenure persons who have been found competent, efficient
and satisfactory. Such persons shall hold their respective positions
during good behavior and competent and efficient 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: (i) Insubordination, immoral character or
conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or
neglect of duty; (iii) Failure to maintain certification as required by
this chapter and by the regulations of the commissioner. Each person who
is not to be so recommended for appointment on tenure shall be so
notified in writing by the district superintendent not later than sixty
days immediately preceding the expiration of his or her probationary
period.

(b) On or before the expiration of the probationary term of a person
appointed for such term on or after July first, two thousand fifteen,
the district superintendent of schools shall make a written report to
the board of cooperative educational services recommending for
appointment on tenure 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 in the most recent
school year where a rating was received, and would have been in the
district 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 district superintendent of
schools to recommend for appointment on tenure such teacher or building
principal if the teacher or principal would have been, in the district
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 district 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, during which time a board of
cooperative educational services 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 cooperative educational services 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 shall
hold their respective positions during good behavior and competent and
efficient 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: (i)
Insubordination, immoral character or conduct unbecoming a teacher; (ii)
Inefficiency, incompetency, or neglect of duty; (iii) Failure to
maintain certification as required by this chapter and by the
regulations of the commissioner. Each person who is not to be so
recommended for appointment on tenure shall be so notified in writing by
the district superintendent not later than sixty days immediately
preceding the expiration of his or her probationary period.