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 * NB Repealed July 1, 2010