  |
|
|
|
|
K-12
Tenure Survival Guide: What Every New Member Should Know New York state has had a tenure law since 1917, but it wasn't until 1980 that all public school teachers and teaching assistants (TAs) were included under its protections. Over the years, legislation sponsored by NYSUT has strengthened the law and broadened its coverage. During the 1970s for example, NYSUT fought for and won amendments which reduced the pre-tenure probationary period from five to three years, and to two years for teachers/TAs who had acquired tenure in another district or tenure area, and made teachers/TAs in school districts employing fewer than eight teachers/TAs eligible for tenure. What does tenure do? Generally, new teachers/TAs are "on probation" for the first three years of their careers. During that period, they may be dismissed at any time. At or before the expiration of the probationary period, the district must either deny or grant tenure. Tenure is granted by the board of education on recommendation of the superintendent, following observation and review of the probationary teacher/TA. Without the superintendent's recommendation, tenure cannot be granted. Once granted tenure, a teacher/TA is guaranteed a system of due process, but is not guaranteed a job for life. The tenure law protects teachers/TAs from arbitrary or capricious dismissal. For example, it prevents a school district from firing a competent teacher/TA so that it can hire someone else who may have better personal or political connections. Tenure is not transferable from one school district to another. However, a teacher/TA who has acquired tenure in one district within the state and moves to another need only serve a two-year probationary period, rather than three, before being eligible for tenure in the new district. If the transfer is the result of a BOCES takeover of services or a district takeover of BOCES services, teachers retain their tenure rights. Grounds for Dismissal Once a teacher/TA is granted tenure, a school district can fire the teacher/TA only for just cause based on general reasons recognized under the Education Law. Some examples of these reasons are:
If a school district brings charges against a tenured teacher/TA, those charges must be made in writing. The teacher/TA has the right, under Section 3020-a of State Education Law, to an impartial hearing and to legal representation. NYSUT provides representation from its staff of attorneys. In 1994, NYSUT supported legislation that improved the tenure law by shortening the hearing process and strengthening teachers' due process rights. Tenure Areas When a teacher is hired, she or he is appointed to a position in a tenure area established by the regulations of the Board of Regents. Tenure area placement is important in determining seniority, a right that protects employees in case of layoff. Teachers hired before Aug. 1, 1975, fall under the old system of horizontal tenure areas. For example, an English teacher and a science teacher, both teaching at the secondary level, may be in the same tenure area. Those hired after Aug. 1, 1975, are placed in the following vertical tenure areas:
A teacher may not be transferred or assigned outside of his or her tenure area without his or her written consent. A teacher may, however, be involuntarily assigned to teach outside of his or her certification area for no more than one period per day. If a teacher is certified in more than one tenure area, he or she may be granted a probationary appointment, and ultimately tenure, in more than one tenure area. However, in order to gain credit toward seniority and/or tenure, such assignment(s) must be, generally speaking, for at least 40 percent of the time. If a teacher is offered any assignment outside his or her tenure area, he or she should consult with an official of the local association or the association's assigned NYSUT labor relations specialist (LRS). Tenure for Teaching Assistants TAs are granted district-wide tenure and can be transferred between grade levels in all areas and retain their certificates. SENIORITY RIGHTS Teachers Seniority rights are based on length of actual paid service in a specific tenure area and apply to both tenured and probationary teachers. If a school district abolishes teaching positions, seniority is the sole criterion in determining which teachers are laid off and subsequently recalled should a vacancy in the teacher's tenure area occur within seven years. Please consult your local union rep or LRS regarding questions on seniority rights. Teaching Assistants Teaching assistants serve within a special tenure area and are afforded all the job protections of the tenure system, including a layoff and recall system based on seniority and, upon satisfactory completion of a probationary period, protection from disciplinary action in the absence of just cause. |
|
| |