3012-B - Tenure determinations.

* §  3012-b.  Tenure  determinations.  1. The regents shall promulgate  rules establishing  minimum  standards  for  tenure  determinations  for  teachers  of  all school districts and boards of cooperative educational  services whose probationary period commences on or after July first, two  thousand eight. Such rules shall require a superintendent of schools  or  district  superintendent  of  schools,  prior to recommending tenure, to  evaluate all relevant factors, including the  candidate's  effectiveness  over the applicable probationary period, or over three years in the case  of  a  regular  substitute  with  a  one-year  probationary  period,  in  contributing to the  successful  academic  performance  of  his  or  her  students,  using  a  process  that complies with subdivision two of this  section.    2. The regents shall, prescribe rules for  the  manner  in  which  the  process  for  evaluation  of  a candidate for tenure is to be conducted.  Such  rules  shall  include  a  combination  of  the  following  minimum  standards:    a. evaluation of the extent to which the teacher successfully utilized  analysis  of  available  student  performance  data  and  other relevant  information when providing instruction but  the  teacher  shall  not  be  granted or denied tenure based on student performance data;    b. peer review by other teachers, as far as practicable; and    c.  an  assessment  of  the  teacher's  performance  by  the teacher's  building principal or other building  administrator  in  charge  of  the  school or program.    3.  The  trustees  and board of education of every school district and  every board of cooperative educational services, and the chancellor of a  city school district of a city with a population of one million or  more  shall, consistent with existing contractual provisions, make any changes  in  local  rules,  regulations and policies that are necessary to ensure  that tenure determinations made for teachers whose  probationary  period  commences  on  or  after July first, two thousand eight shall be made in  compliance with this section.    * NB Repealed July 1, 2010