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dsc

(53,425 posts)
23. Here is a link to and the text of New York State's tenure law
Thu Aug 21, 2014, 05:59 PM
Aug 2014
http://codes.lp.findlaw.com/nycode/EDN/IV/61/3012

1. (a) Teachers and all other members of the teaching staff of school districts, including common school districts and/or school districts employing fewer than eight teachers, other than city school districts, shall be appointed by the board of education, or the trustees of common school districts, upon the recommendation of the superintendent of schools, for a probationary period of three years, except that in the case of a teacher who has rendered satisfactory service as a regular substitute for a period of two years or as a seasonally licensed per session teacher of swimming in day schools who has served in that capacity for a period of two years and has been appointed to teach the same subject in day schools, on an annual salary, the probationary period shall be limited to one year; provided, however, that in the case of a teacher who has been appointed on tenure in another school district within the state, the school district where currently employed, or a board of cooperative educational services, and who was not dismissed from such district or board as a result of charges brought pursuant to subdivision one of section three thousand twenty-a of this chapter, the probationary period shall not exceed two years. The service of a person appointed to any of such positions may be discontinued at any time during such probationary period, on the recommendation of the superintendent of schools, by a majority vote of the board of education or the trustees of a common school district. (b) Principals, administrators, supervisors and all other members of the supervising staff of school districts, including common school districts and/or school districts employing fewer than eight teachers, other than city school districts, shall be appointed by the board of education, or the trustees of a common school district, upon the recommendation of the superintendent of schools for a probationary period of three years. The service of a person appointed to any of such positions may be discontinued at any time during the probationary period on the recommendation of the superintendent of schools, by a majority vote of the board of education or the trustees of a common school district. (c) Any person previously appointed to tenure or a probationary period pursuant to the provisions of former section three thousand thirteen of this chapter shall continue to hold such position and be governed by the provisions of this section notwithstanding any contrary provision of law. 2. At the expiration of the probationary term of a person appointed for such term, subject to the conditions of this section, the superintendent of schools shall make a written report to the board of education or the trustees of a common school district recommending for appointment on tenure those persons who have been found competent, efficient and satisfactory, consistent with any applicable rules of the board of regents adopted pursuant to section three thousand twelve-b of this article. Such persons, and all others employed in the teaching service of the schools of such union free school district, common school district and/or school district employing fewer than eight teachers, who have served the probationary period as provided in this section, shall hold their respective positions during good behavior and efficient and competent service, and shall not be removed except for any of the following causes, after a hearing, as provided by section three thousand twenty-a of such law: (a) insubordination, immoral character or conduct unbecoming a teacher; (b) inefficiency, incompetency, physical or mental disability, or neglect of duty; (c) failure to maintain certification as required by this chapter and by the regulations of the commissioner. Each person who is not to be recommended for appointment on tenure, shall be so notified by the superintendent of schools in writing not later than sixty days immediately preceding the expiration of his probationary period. 3. Notwithstanding any other provision of this section no period in any school year for which there is no required service and/or for which no compensation is provided shall in any event constitute a break or suspension of probationary period or continuity of tenure rights of any of the persons hereinabove described. - See more at: http://codes.lp.findlaw.com/nycode/EDN/IV/61/3012#sthash.S43Q6iCb.dpuf

end of quote

Now call me crazy but removal of two (bold) would put us back at one (italics). Now part 2, the part that teachers who get tenure get specify that teachers get a hearing and have to be given a reason for being fired. Part 1, the part that teachers on probation get (aka those without tenure or those from whom tenure gets taken) do not get a hearing. Go ahead, look at the text, it is there in black and white. The words you are looking for is sorry for my ignorance. Somehow I won't be holding my breath. The simple fact is if you remove tenure from teachers and replace it with (at best) contracts of a specific length or (at worst) no contract at all then teachers are, by definition, not entitled to any reason or hearing upon the decision to renew or not renew the contract. That means, in my neck of the woods (NC), if parents complain that a teacher is gay and the principal decides that he or she doesn't want a gay teacher in their school then the teacher goes, no hearing, no reason, no nothing. If a group of parents in Texas doesn't want a science teacher to teach evolution and the principal agrees, bye bye teacher, no hearing, no reason, no nothing. If a teacher dares to give a deserved failing grade to the star quarterback and the principal doesn't like it, he is gone, no hearing, no reason, no nothing. If a teacher in Stubenville decided that she would support the raped student and her town didn't like it, no hearing, no reason, no nothing, bye bye teacher.

Recommendations

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Also says Diane Ravitch is being "sexist". madfloridian Aug 2014 #1
That's a right wing tactic. To use women and gays, when it suits them, though they're not the only sabrina 1 Aug 2014 #2
Kicked and recommended. Uncle Joe Aug 2014 #3
Just wondering… How many years has Campbell Brown spent in front of a classroom? world wide wally Aug 2014 #4
they do it and accuse others of it. barbtries Aug 2014 #5
Do Ms Brown's children attend these public schools? JohnnyRingo Aug 2014 #6
excellant point questionseverything Aug 2014 #29
She's right...it is sexist, just as Diane Ravitch rather sheepishly acknowledged..... msanthrope Aug 2014 #7
Welcome... madfloridian Aug 2014 #8
Thank you...I wonder why you didn't include what Ravitch msanthrope Aug 2014 #9
Read post 1 in all its unedited glory. madfloridian Aug 2014 #10
And indeed...Ravitch admits it is sexist. Given who Dan Senor is, wouldn't it msanthrope Aug 2014 #11
I don't know where you get the idea that it is any more OK for them to spout nonsense dsc Aug 2014 #14
The point, that you and the OP seem to be missing, is that Mary Boies msanthrope Aug 2014 #15
I have no problem criticizing Boies, though unless Mary Boies is the second coming of Hitler dsc Aug 2014 #19
Well...she is correct. The relief sought in the lawsuit in question msanthrope Aug 2014 #20
the definition of tenure is the right to a hearing dsc Aug 2014 #21
Um, no....here you are quite mistaken. You claim, but cannot cite from the actual msanthrope Aug 2014 #22
Here is a link to and the text of New York State's tenure law dsc Aug 2014 #23
gee I am so shocked that I got no response to this dsc Aug 2014 #24
. Starry Messenger Aug 2014 #32
I am bookmarking your link for further reference. madfloridian Aug 2014 #26
I hate to use the word "lie", but I heard Campbell Brown say several times.... madfloridian Aug 2014 #28
I see so much criticism of teachers' unions...but madfloridian Aug 2014 #12
madfloridaian. Off topic question. NCTraveler Aug 2014 #13
Should there be? madfloridian Aug 2014 #16
I think there should. NCTraveler Aug 2014 #17
OK madfloridian Aug 2014 #18
Could students strike for more bathroom time, profit sharing? immoderate Aug 2014 #27
..... madfloridian Aug 2014 #31
I would have to wind up paying student wages out of my own pockets... immoderate Aug 2014 #33
K&R. nt Guy Whitey Corngood Aug 2014 #25
These 2 are nothing more than a couple of of con artists. nt Guy Whitey Corngood Aug 2014 #30
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