Provides that the probationary period of a school administrator or supervisor who previously was granted tenure, shall be 2 years

Title of bill

An act to amend the education law, in relation to securing for previously tenured administrators and supervisors the same probationary period as provided for teachers and all other members of the teaching staffs of school districts in the state

Purpose

This legislation would correct this inconsistency in probationary periods between school teachers and school administrators when a district determines to offer tenure.

Summary of provisions

This bill would amend Education Law section 3012(1) (b) to provide that a public school administrator previously appointed on tenure who then transfers or moves to a different district shall serve a probationary period of two years.

Justification

Tenure refers to the employment status an education professional may earn through evidence of positive professional experience and qualifications. In New York, tenure refers to the due process rights afforded to teachers and administrators after they have served the district for a probationary period of three years (as set out in statute). Prior to being appointed tenure, a public school employee, either a teacher or administrator, must successfully complete the probationary period of employment, be recommended by the superintendent, and be approved by the Board of Education. A teacher or administrator who has earned tenure in a district is afforded the right to due process and can be disciplined or dismissed if cause is shown through a full hearing procedure set out in Education Law section 3020-a.

When a teacher or administrator holding tenure in a school district decides to accept employment in another district, he or she must, once again, perform their duties while on probation. There is one distinction; a teacher must serve at least two years before a district reviews their performance and decides to grant tenure where an administrator must serve three years. This exception was added to the tenure law in 1980. The reasoning behind this exception is that a teacher who has been appointed tenure in a district has satisfactory proven his or her skills and abilities. The shortened probationary period is in recognition of the demonstrated knowledge and expertise. However, a corresponding exception was not added to the paragraph of the same section of law which applies to administrators. It should be noted that this is the only section of Title IV where teachers and administrators are currently treated differently. In all other cases, the due process rights afforded to each group are identical. The result is a disparity in the probationary t~me frames for teachers who have previously earned tenure and similarly situated administrators.

This legislation would correct this inconsistency in probationary periods between school educators. It would do this by equalizing the tenure probationary periods for previously tenured administrators and previously tenured teachers. If enacted, the time frame for both types of professional educators would be two years. This singular and inconsistent disparity should be, and would be, corrected by this legislation. This bill does not otherwise restrict, change or limit the rights of teachers or administrators under Title IV of the Education Law.

Legislative history

2005-06 - A.11244 Referred to Education 2007-08 - A.831 Referred to Education FISCAL IMPACT ON THE STATE : None.

Effective date

This act shall take effect on the first of July next succeeding the date on which it shall have become a law.