§ 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 up to two years, or such teacher 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
up to 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 a minimum of two years, depending upon the length
of the regular substitute service that shall shorten the length of the
probationary period; 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 teacher
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 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 such person's
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. 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. Any person who has
acquired tenure shall, upon such person's effective tenure date, hold
their position 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 and section three thousand twenty-a 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.