I would like to make a comment about Cadet rights, described below. If you do not speak to an investigator, and you do not testify at a 3020-a, you will be found guilty of your charges and terminated. Don't do it. Create an answer to all questions ahead of time that defends your position, and stick to it.
Betsy Combier, Editor
President, ADVOCATZ
"Cadet
Rights
1. On
February 1, 1994, a 3020a hearing panel determined that Andre Cadet, a tenured
teacher, was guilty of misconduct with regard to his romantic relationship with
a female student. The panel dismissed
the charge of insubordination related to Cadet’s refusal to answer questions
before the Special Commissioner of Investigations (SCI).
2. On
April 1, 1996, the Appeal of the Board of Education of the City School District
of the City of New York against Andre Cadet was held.
3. While
the Commissioner of Education upheld the appeal in part, the Commissioner
agreed with the conclusion of the hearing panel chair that the authority cited
by the New York City School District regarding Cadet’s obligation to testify
before the SCI was in conflict with Education Law 3020-a, since that statute is
the sole method by which tenured teachers can be disciplined in New York State.
4. As a
result of this decision, a teacher need not answer questions in any pre-hearing
investigation, which precedes a 3020-a proceeding.
5. If a
tenured teacher is asked questions in an investigation that the teacher
believes could lead to disciplinary action, the teacher has the right to assert
Cadet. By doing so, the teacher cannot
be held insubordinate when refusing to answer such questions."
Fact Sheet 15-15: Changes to tenure andthe tenured teacher removal process
Source: NYSUT Research and Educational Services
Chapter 56 of the Laws of
2015 includes a number of amendments to New York State (NYS) Education Law that
address teacher preparation and certification, tenure, annual professional
performance reviews (APPR), testing reduction, school receivership, and teacher
removal. This NYSUT Fact Sheet will
provide an overview of the specific changes affecting teacher tenure and
removal.
NYS is widely recognized
for its exemplary teaching force and has earned high marks for its rigorous
standards and credentialing requirements — typically ranking among the nation’s
top ten[1]. Tenure is just one of the safeguards NYS
has put in place to ensure every student has an effective teacher. A teacher must earn tenure
after successfully completing a probationary period of effective teaching,
oversight and evaluation. A tenured teacher then is entitled to a fair
hearing before being dismissed — a basic right to due process.
Tenure also provides
teachers freedom to advocate for their students without fear of reprisal.
Because tenure exists, teachers in NYS can speak out freely on issues such as
over-testing; cuts in academic programs; elimination of art, music, foreign
language and other programs; and inappropriate programs and services for
students with disabilities.
Without tenure, working
under the constant threat of arbitrary firing would have a chilling effect on a
teacher’s professional judgment and create an environment that would erode, not
enhance, educational quality.
This NYSUT Fact Sheet contains:
·
A summary of the recent changes to tenure;
·
Frequently asked questions and answers regarding tenure;
·
A summary of changes to the teacher removal process;
·
Frequently asked questions and answers regarding teacher
removal;
·
Advice to local leaders on this topic; and
·
Additional resources
Summary of Tenure Changes
·
The new requirement begins with those teachers appointed on or
after July 1, 2015.
·
The mandated changes to tenure enacted by Chapter 56 in 2015
specifically tie the granting of tenure to §3012-c and §3012-d of NYS’s
Education Law regarding teacher and principal evaluation law.
·
The probationary period is extended from three to four years for
untenured teachers. Boards of Education will no longer be able to specify an
end date to the probationary period and teachers will be notified at their
appointment that tenure will depend on their APPR ratings.
·
A teacher seeking tenure would need to attain an effective or
highly effective rating for at least three of the four years. These ratings do
not need to be consecutive.
·
A teacher rated ineffective in the fourth year cannot receive
tenure at that time. A Board of Education can agree to extend the probationary
period an additional year (thus offering a fifth probationary year). The
law does not prohibit additional years of probation.
·
A tenured teacher in a school district or BOCES who obtains
employment in another district will now have a three year probationary period,
provided the teacher did not receive an ineffective in their last year at the
prior school.
·
School boards will be able to terminate probationary teachers
without regard to their Annual Professional Performance Review (APPR) rating.
Questions & Answers
Regarding Tenure
Q: What is tenure?
A: Tenure is simply a statutory right to due process that was first
enacted for New York City teachers in 1897 and expanded to cover Union Free
School districts in 1937. Teachers were uniquely vulnerable in a public school
setting. There were few, if any policies in place to protect teachers from
being fired. Without job protection, teachers could be fired for literally any
reason. Race, faith, gender and favoritism were some of the most common reasons
for firing teachers before 1885, as was their political affiliation. Women
could even be fired for becoming pregnant. Teacher unions in NYS did not
negotiate the tenure laws. Tenure law was established in State Education Law
decades before teachers’ unions were recognized in NYS.
In 1945, tenure law was amended to
extend basic due process rights to all public school teachers. The tenure law
has been amended several times in the last 40 years.
Q: Who is covered by the new tenure law and when does it
begin?
A: The four-year probation in Chapter 56 applies to all classroom
teachers, building principals, all other members of the teaching and
supervisory staff, teaching assistants, and pupil personnel services providers
appointed by a Board of Education on or after July 1, 2015. The linkage between
the APPR and granting or denying tenure only applies to classroom teachers and
building principals. Section 30.-1.3 of the Regulations define classroom
teacher as a teacher in the classroom teaching service as defined in §80-1.1 of
the Regulations: Classroom teaching
service means teaching service in the public schools of New York State, which
requires certification pursuant to this Part (80), excluding pupil personnel
service or administrative and supervisory service.
·
Teacher aides are not covered under the new tenure law.
·
Pupil personnel service providers are not included in the
definition of the classroom teaching service. Section 80-1.1(b)(30) of
the Regulations defines pupil personnel services providers to mean school
psychologists, school counselors and school social workers.
For Example:
1. If you
were appointed by a board of education on
or before June 30, 2015 with a
September 1, 2015 start date, you would have a three year probationary period.
2. If you
were appointed by a board of education on
or after July1, 2015 with a September 1, 2015
start date, you would have a four year probationary period.
Q: What happens if
a tenured teacher is appointed to a new tenure area in the same school
district?
A: The
probationary period is now three years instead of two.
Q: What happens if a
teacher has tenure in one district and obtains employment in another district
in NYS?
A: The
probationary period in the new district is now three years instead of two.
Q: What if a teacher has
served in a district for at least two years as a regular substitute classroom
teacher?
A: The new
law says that the probationary
period would be two years if the teacher received an APPR rating in each of the
two years of substitute service.
Q. Could boards of
education grant tenure after three years (rather than four years) and three
effective or highly effective APPR ratings?
A:
It is not clear. According to Chapter 56, tenure determinations are dependent
upon receiving an APPR rating of effective or highly effective in the fourth
and final year of probation. However, it could be argued that a school
board could grant tenure prior to the fourth year, based on other language in
the statutes that was not amended.
Q: What happens if a
teacher receives an ineffective APPR rating in the fourth and final year of
probation?
A: The
board of education may extend the probationary period for another (fifth) year.
If the teacher successfully appeals the ineffective rating, the teacher would
be immediately eligible for tenure. The law does not prohibit additional
years of probation beyond five.
Q: What is 3020-a and how
does it relate to Due Process?
A: Education Law § 3020-a governs the disciplinary procedures of
tenured teachers and administrators (except superintendents) and provides due
process. Due process consists of the minimum procedural requirements that each
public school district must satisfy when dismissing a teacher who has attained
tenure. Due process is one of the core foundations of our judicial system.
Similar safeguards are in place to ensure police officers, firefighters and
other public servants at the state and local levels cannot be arbitrarily
dismissed based on allegations alone, or for politically motivated reasons. Due
process and tenure are NOT a job
protection for life.
Q. What are the due
process requirements concerning charges of incompetence or misconduct under §
3020-a?
·
Charges in writing filed with the school district during the
school year.
·
Within five days of receipt of charges, the Board of Education
determines if there is probable cause to bring disciplinary proceedings.
·
If yes, a written notice sent to the employee detailing charges,
the penalty imposed if employee waives hearing, and the employee’s rights, sent
by certified or registered mail.
·
The employee may be suspended with pay (there are exceptions,
see below).
·
Within 10 days of receipt of charges, the employee will notify
the district in writing if they request a hearing.
·
The district will notify the Commissioner within 3 (working)
days of the need for a hearing.
·
If the employee waives the hearing, the employing board
determines the outcome in 15 days.
·
If the employee demands a hearing, such hearing is held before
an impartial hearing officer. Different rules apply to the hearing itself
depending upon the nature of the charges.
Summary of Changes
in the Tenured Teacher Removal Process
Hearings
to discipline or remove tenured teachers in NYS for alleged incompetency or
misconduct are commonly referred to as the 3020-a process, referring to Section
3020-a of Education Law which establishes rights to due process for teachers
who have obtained tenure. Chapter 56 of the Laws of 2015 amended Section
3020 and 3020-a and adds a new Section 3020-b. The following changes are
effective with regard to charges brought on or after July 1, 2015.
Revocation of Teaching Certification
Chapter
56 amended Section 305 of Education Law to extend the duty of the Commissioner
of Education to revoke the certification of a teacher upon certain criminal
convictions. In addition to such automatic license revocation for sex
offense convictions, the Commissioner must now also revoke certification of any
teacher convicted of a violent felony committed against a child when the child
was the intended victim.
Disciplinary Procedure Changes
·
Hearings on all charges brought on
or after July 1, 2015 will be heard by single
hearing officers.
·
At the pre-hearing conference the hearing officer will set a
schedule and manner for “full and fair disclosure” of the witnesses and
evidence to be offered by the employee as part of the defense (in addition to
discovery to be disclosed by the employer as required by current law).
·
A child witness under the age of fourteen may be permitted to
testify through the use of live two-way closed circuit television if the
hearing officer determines that the witness would suffer serious mental or
emotional harm if required to testify in person.
·
Hearing officers must give serious consideration to the penalty
recommended by the employing Board. If the penalty is rejected by the
hearing officer, the rejection must reflect reasons based upon the record as
expressed in a written determination.
·
For charges of physical or sexual abuse of a student:
·
A teacher charged with physical or sexual abuse of a student
will have an expedited hearing by a single hearing officer commenced within seven
days after the pre-hearing conference and completed within 60 days after the
pre-hearing conference.
·
A teacher may be suspended without
pay when
charged with physical or sexual abuse of a student pending an expedited
hearing. (This provision does not apply to New York City which has different
rules governing suspension without pay in the NYCDOE/UFT contract.)
·
When a Board of Education decides to suspend a teacher without
pay, a probable cause hearing before an impartial hearing officer must be held
within ten days to determine whether the decision to suspend without pay should
be continued or reversed.
·
Suspension without pay can last no longer than 120 days from the
decision of the Board of Education to suspend without pay.
Streamlined Procedures for Removing Teachers Rated “Ineffective”
·
Chapter 56 repealed the previously-established expedited hearing
process for two consecutive ineffective ratings, and added a new Education Law
§3020-b which establishes procedures for expedited hearings for teachers or
building principals charged with incompetence after receiving either two or
three consecutive ineffective overall APPR ratings under Education Law §3012-c
and/or 3012-d.
·
All charges brought on or after July 1, 2015 will be heard by a
single hearing officer.
·
Two consecutive
ineffective APPR ratings constitute “prima facie” (Latin for "at first
sight”) evidence of incompetence which establishes just cause for
removal. In such a case, a district may choose to file a charge of incompetence. Such evidence can
only be overcome by clear and convincing evidence that the employee is not
incompetent in light of all surrounding circumstances.
·
Three consecutive
ineffective APPR ratings constitute “prima facie” evidence of incompetence
which establishes just cause for removal. In such a case, a district must file a
charge of incompetence. The evidence of three consecutive ineffective
ratings can only be overcome by clear and convincing evidence that the
calculation of one or more of the teacher’s underlying components of the APPRs
was fraudulent. Fraud in this instance shall include mistaken
identity.
Questions & Answers
Regarding Teacher Removal
Q: What
is the timeline for a 3020-a disciplinary hearing?
A:
Generally, the process is as follows:
ACTION
|
TIMELINE
|
PROCESS
|
Filing
of Charges
|
·
Within the period between actual opening and
closing of school year.
·
Within three years unless the alleged
misconduct constitutes a crime.
|
Filed by Chief School
Administrator with the District Clerk. The Clerk notifies Board of Education
(BOE) immediately.
|
Disposition
of Charges
|
·
The BOE votes within five days after receipt
of charges.
·
BOE decision whether there is probable cause
to move forward with a hearing.
|
If affirmative
decision, written statement forwarded immediately to employee (by certified
or registered mail, return receipt requested, or personal delivery)
specifying:
– Charges in detail;
– Maximum penalty;
and
– Employee’s rights.
The employee may be
suspended with pay pending a hearing and final determination (suspension
without pay may occur if employee has plead guilty or has been convicted of a
felony crime concerning sale or possession of a controlled substance, a
precursor of a controlled substance, drug paraphernalia, or physical abuse of
a minor or student).
|
Hearing
Request
|
·
Within ten days of receipt of charges,
employee notifies District Clerk to request hearing.
·
No request indicates that the right to a
hearing is waived and the BOE will issue a determination within fifteen days.
|
Upon receipt of the
request for a hearing, the Clerk shall notify the State Education Department
(SED) of the need for a hearing within three working days.
|
Notice
of Hearing
|
·
SED requests list of hearing officers from
American Arbitration Association.
·
Upon receipt, list simultaneously forwarded
to both BOE and employee.
|
Within fifteen days
after receiving officer list, BOE and employee notify SED of agreed-upon
hearing officer. If no agreement, then SED will appoint the officer.
|
Pre-Hearing
Conference
|
·
Hearing officer to hold a pre-hearing
conference within ten to fifteen days of agreeing to serve.
·
Limited to one day (additional day may be
allowed at hearing officer’s discretion).
|
Activities to include
scheduling of the final hearing, prehearing motions to dismiss, and motions
for prehearing discovery.
|
Hearing
|
The final hearing is
completed no later than 60 days after the pre-hearing conference.
|
All evidence is
submitted by all parties within 125 days of the filing of charges, absent
extraordinary circumstances beyond the parties control.
|
Decision
|
Written decision within
30 days of the last day of the final hearing.
|
Within fifteen days of
receipt of the hearing officer’s decision, the BOE must implement the
decision.
|
Appeal
|
Not later than ten days
after receipt of the decision an application may be made to the state Supreme
Court to vacate or modify the decision.
|
The filing or pendency
of an appeal does not delay the implementation of the decision.
|
Q: What
are the circumstances that can result in an expedited hearing?
A: There
are four categories of expedited hearings:
·
Expedited hearings upon revocation of a teaching certificate;
·
Expedited hearings on charges of misconduct constituting the
physical or sexual abuse of students;
·
Expedited 3020-b hearings based on two consecutive ineffective
APPR ratings; and
·
Expedited 3020-b hearings based on three consecutive ineffective
APPR ratings.
Q: What is the
expedited 3020-a timeline for charges arising from the revocation of a teaching
certificate?
A:
The process is as follows with specific expedited timelines highlighted in bold:
ACTION
|
TIMELINE
|
PROCESS
|
Filing
of Charges
|
·
Within the period between actual opening and
closing of school year.
·
Within three years unless the alleged
misconduct constitutes a crime.
|
Filed by Chief School
Administrator with the District Clerk. The Clerk notifies Board of Education
(BOE) immediately.
|
Disposition
of Charges
|
·
The BOE votes within five days after receipt
of charges.
·
BOE decision whether there is probably cause
to move forward with a hearing.
|
If affirmative
decision, written statement forwarded immediately to employee (by certified
or registered mail, return receipt requested, or personal delivery)
specifying:
– Charges in detail
– Maximum penalty
– Employee’s rights.
According to case law,
the employee may be suspended without pay pending a hearing and final
determination.
|
Hearing
Request
|
·
Within ten days of receipt of charges,
employee notifies District Clerk to request hearing.
·
No request indicates that the right to a
hearing is waived and the BOE will issue a determination within fifteen days.
|
Upon receipt of the
request for a hearing, the Clerk shall notify the State Education Department
(SED) of the need for a hearing within three working days.
|
Notice
of Hearing
|
·
SED requests list of hearing officers from
American Arbitration Association.
·
Upon receipt, list simultaneously forwarded
to both BOE and employee.
|
Within fifteen days
after receiving officer list, BOE and employee notify SED of agreed-upon
hearing officer. If no agreement, then SED will appoint the officer.
|
Pre-Hearing
Conference
|
·
Hearing officer to hold a pre-hearing
conference within ten to fifteen days of agreeing to serve.
·
Limited to one day (additional day may be
allowed at officer’s discretion).
|
Activities to include
scheduling of the final hearing, prehearing motions to dismiss, and motions
for prehearing discovery.
|
Hearing
|
·
The final hearing takes
place within seven days of the pre-hearing conference.
·
The hearing is limited
to one day.
|
|
Decision
|
Written
decision within ten days of the last day of the hearing.
|
Within fifteen days of
receipt of the hearing officer’s decision, the BOE must implement the
decision.
|
Appeal
|
Not later than ten days
after receipt of the decision an application may be made to the state Supreme
Court to vacate or modify the decision.
|
The filing or pendency
of an appeal does not delay the implementation of the decision.
|
Q: What is the
expedited 3020-a timeline for charges involving the physical or sexual abuse of
a student?
A:
The process is as follows with specific expedited timelines highlighted in bold:
ACTION
|
TIMELINE
|
PROCESS
|
Filing
of Charges
|
·
Within the period between actual opening and
closing of school year.
·
Within three years unless the alleged
misconduct constitutes a crime.
|
Filed with the District
Clerk. The Clerk notifies Board of Education (BOE) immediately.
|
Disposition
of Charges
|
·
The BOE votes within five days after receipt
of charges.
·
BOE decision to move forward with a hearing
based upon probable cause.
|
If affirmative
decision, written statement forwarded immediately to employee (by certified
or registered mail, return receipt requested, or personal delivery)
specifying:
– Charges in detail
– Maximum penalty
– Employee’s rights
The employee may be
suspended without pay pending an expedited hearing and final determination.
|
Probable
Cause Hearing
|
·
If BOE decides to
suspend without pay, the district notifies SED within one business day to
request a probable cause hearing.
·
SED selects the hearing officer from a
regional rotational list. Failure to accept the case within 24 hours is
deemed a declination.
·
Hearing conducted
within ten days of suspension to determine whether BOE decision to suspend
employee without pay should be continued or reversed.
|
Grounds for
reinstatement of paid status are that probable cause does not support the
charges, or suspension without pay is grossly disproportionate in the
circumstances. Suspensions without pay shall last no longer than 120
days from the decision of the BOE to suspend the employee. The
suspension only relates to employee compensation exclusive of health insurance
and other benefits and guarantees.
|
Hearing
Request
|
·
Within ten days of receipt of charges,
employee notifies District Clerk to request hearing.
·
No request indicates that the right to a
hearing is waived and the BOE will issue a determination within fifteen days.
|
Upon receipt of the
request for a hearing, the Clerk shall notify the State Education Department
(SED) of the need for a hearing within three working days.
|
Notice
ofHearing
|
·
SED requests list of hearing officers from
American Arbitration Association.
·
Upon receipt, list simultaneously forwarded
to both BOE and employee.
|
Within fifteen days
after receiving officer list, BOE and employee notify SED of agreed-upon
hearing officer. If no agreement, then SED will appoint the officer.
|
Pre-Hearing
Conference
|
·
Hearing officer to hold a pre-hearing
conference within ten to fifteen days of agreeing to serve.
·
Limited to one day (additional day may be
allowed at officer’s discretion).
|
Activities to include
scheduling of the final hearing, prehearing motions to dismiss, and motions
for prehearing discovery.
|
Hearing
|
The
final hearing begins within seven days of the pre-hearing conference and is completed no later than 60 days after the pre-hearing
conference.
|
All evidence is
submitted by all parties within 125 days of the filing of charges absent
extraordinary circumstances beyond the control of the parties.
|
Decision
|
Written
decision within ten days of the last day of the final hearing.
|
Within fifteen days of
receipt of the hearing officer’s decision, the BOE must implement the
decision.
|
Appeal
|
Not later than ten days
after receipt of the decision an application may be made to the state Supreme
Court to vacate or modify the decision.
|
The filing or pendency
of an appeal does not delay the implementation of the decision.
|
Q: What is the
“streamlined” timeline for teachers receiving two consecutive ineffective
ratings in the new 3020-b process?
A: A
school district or employing board may bring charges of incompetence against any classroom teacher or
building principal who receives two consecutive ineffective APPR ratings.
·
All such charges brought against a tenured teacher must be in
writing specifying:
·
the charges in detail;
·
the penalty imposed by the board will be dismissal if the
employee does not request a hearing; and
·
the employee’s rights under 3020-b, forwarded to the accused
employee by certified or registered mail, return receipt requested or by
personal delivery; and filed with the clerk or secretary of the school district
or employing board.
·
The school must have developed and substantially implemented a
Teacher Improvement Plan (TIP) following the first evaluation in which the
educator was rated ineffective and the immediately preceding evaluation if the
rating was developing under Education Law §3012-c and/or 3012-d.
·
The parties jointly select the hearing officer. (The
Commissioner must appoint the hearing officer if the two parties are unable to
agree.)
·
The pre-hearing conference must be held within seven days after
the appointment of the hearing officer.
·
The hearing must begin within seven days of the pre-hearing
conference.
·
The final hearing date must be within 90 days of the employee’s
request for a hearing. Adjournments beyond the 90 day period may be
granted if the hearing officer determines that the delay is due to
circumstances beyond the control of the requesting party and an injustice would
result if the adjournment were not granted.
·
The hearing officer must render a decision within 10 days of the
last day of the hearing.
·
Within 15 days of receipt of decision, the school board must
implement the decision.
·
Not later than ten days after receipt of the decision, an appeal
may be made to the State Supreme Court to vacate or modify the decision.
Q: What is the “streamlined” timeline for teachers receiving
three consecutive ineffective ratings in the new 3020-b process?
A: A
school district or employing board must bring charges of incompetence against any classroom teacher or
building principal who receives three consecutive ineffective APPR ratings.
·
All charges brought against a tenured teacher must be in writing
specifying:
·
the charges in detail;
·
the penalty imposed by the board will be dismissal if the
employee does not request a hearing; and
·
the employee’s rights under 3020-b, forwarded to the accused
employee by certified or registered mail, return receipt requested or by
personal delivery; and filed with the clerk or secretary of the school district
or employing board.
·
The Commissioner of Education selects the hearing officer, not
the parties.
·
The final hearing date must be within 30 days after the date of
the employee’s request for a hearing. Adjournments beyond the 30 day period may
be granted if the hearing officer determines that the delay is due to
circumstances beyond the control of the requesting party and an injustice would
result if the adjournment were not granted.
·
The hearing officer must render a decision within 10 days of the
last day of the hearing.
·
Within 15 days of receipt of decision, the school board must
implement the decision.
·
Not later than ten days after receipt of the decision, an appeal
may be made to the State Supreme Court to vacate or modify the decision.
Q: How are “days” defined?
A: Days
are calendar days unless specified otherwise.
Q: How is “teacher” defined?
A: For disciplinary
purposes, a teacher is any professional educator holding a teaching certificate
including but not limited to a classroom teacher, teaching assistant, pupil
personnel services professional, school administrator or supervisor or
superintendent of schools.
For
incompetence procedures based upon the APPR process, it would only include
classroom teachers subject to the APPR process under Section 3012-c or 3012-d
of the Education Law.
Q: What are “Cadet Rights”?
A: The
3020-a hearing process is the sole method by which tenured teachers can be
disciplined in NYS, and the statute provides that no teacher can be compelled
to testify at the hearing. Consequently, it has been established that a
teacher can refuse to answer questions, without being found insubordinate,
during an investigation that the teacher believes could lead to such
disciplinary action. Known as Cadet Rights, this principle was
established through a disciplinary case involving a tenured teacher who was
found guilty of misconduct through a 3020-a hearing. However, the
decision of the hearing officer to dismiss a charge of insubordination was
appealed by the school district. The insubordination charge was related
to the teacher’s refusal to answer questions during an investigation prior to
the hearing In the appeal decision, the Commissioner of Education agreed
that a teacher need not answer questions in any pre-hearing investigation which
precedes a 3020-a hearing. The decision was in turn affirmed by the courts.
Advice to Local Leaders
·
Continue to look for additional analysis and information through
NYSUT’s Leader and Member Briefings and presentations at regional conferences.
·
Specific questions about tenure and teacher removal as a result
of disciplinary issues or the APPR process should be referred to your NYSUT
Labor Relations Specialist (LRS).
Resources
·
Chapter 56 of the Laws of 2015 can be found at:
See
Part EE for the Education Transformation Act of 2015. Within Part EE,
Subpart D details the teacher tenure provisions and Subpart G details the
teacher removal provisions.
·
Emergency regulations implementing these new statutory changes
were adopted by the Board of Regents in June 2015. An overview of the
changes and the amended regulations can be found at:
Suppose you return to teaching after a seven year break in service. You were tenured at your old district (obviously, no APPR was done). How long is your probationary period? I have heard conflicting interpretations although the above seems to indicate three years.
ReplyDeleteBetsy, thank you! This was very informative. May I link this to Bronxnycteacher.blogspot.com?
ReplyDeleteHi Betsy. If retired tenured teachers return to the NYCDOE, must they do 4 year probationary? Can they apply Jarema credit.? Thanks
ReplyDelete