New York Laws
Article 51 - City School Districts of Cities With Less Than One Hundred Twenty-Five Thousand Inhabitants
2509 - Appointment of Assistant and Other Superintendents, Teachers and Other Employees.

(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 or 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 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 chapter, 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 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 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 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.