New York Education Code § 3031

Procedure when tenure not to be granted at conclusion of probationary period or when services to be discontinued
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§ 3031. Procedure when tenure not to be granted at conclusion of\nprobationary period or when services to be discontinued. Notwithstanding\nany other provision of this chapter: (a) boards of education, trustees\nof common school districts and boards of cooperative educational\nservices shall review all recommendations not to appoint a person on\ntenure, and, teachers, administrators and supervisors employed on\nprobation by any school district or by any board of cooperative\neducational services, as to whom a recommendation is to be made that\nappointment on tenure not be granted or that their services be\ndiscontinued shall, at least thirty days prior to the board meeting at\nwhich such recommendation is to be considered, be notified of such\nintended recommendation and the date of the board meeting at which it is\nto be considered. Such teacher, administrator and supervisor may, not\nlater than twenty-one days prior to such meeting, request in writing\nthat he be furnished with a written statement giving the reasons for\nsuch recommendation and within seven days thereafter such written\nstatement shall be furnished. Such teacher, administrator and supervisor\nmay file a written response to such statement with the district clerk\nnot later than seven days prior to the date of the board meeting.\n  (b) Where a board of education, trustees of a common school district,\nor board of cooperative educational services votes to reject the\nrecommendation of a superintendent of schools, district superintendent\nor district principal to grant tenure to any teacher, administrator and\nsupervisor employed on probation, such vote shall be considered advisory\nand at least thirty days prior to the board meeting at which such\nrecommendation is to be finally considered, the board shall notify said\nteacher, administrator and supervisor of its intention to deny tenure\nand the date of the board meeting at which it will take final action.\nSuch teacher, administrator and supervisor may, not later than\ntwenty-one days prior to such meeting, request in writing that he be\nfurnished with a written statement giving the board's reasons for such\nintended action and within seven days thereafter such written statement\nshould be furnished. Such teacher, administrator and supervisor may file\na written response to such statement with the district clerk not later\nthan seven days prior to the date of the board meeting.\n  (c) This section shall not be construed as modifying existing law with\nrespect to the rights of probationary teachers or the powers and duties\nof boards of education, trustees of common school districts or boards of\ncooperative educational services, with respect to the discontinuance of\nservices of teachers, administrators and supervisors or appointments on\ntenure of teachers, administrators and supervisors.\n

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