Opine I will

I am an elementary school teacher just trying to do the right thing

OK let’s not call it “Tenure” call it what it is… DUE PROCESS under law

OK let’s not call it “Tenure” call it what it is… DUE PROCESS under law.

Enough of the lies!

Let’s take a look at New York State Education Law

Education Law § 3012

I guarantee that most naysayers who demand and end to tenure have not read it, nor have they even have made an attempt to understand it.

Let’s take a close read as David Coleman would want us to

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.

Notice it states that a teacher must have good behavior and be competent….

…shall hold their respective positions during good behavior and efficient and competent service…

It also states that there must be cause for removal and these are the clear and concise causes:

(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.

This clause also tells us to read more for the proper procedures:

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

So let’s take a look at how districts can file charges against a tenured teacher.

Filing of charges…

Within five days after receipt of charges,

the employing board, in executive session, shall determine, by a vote of

a majority of all the members of such board, whether probable cause

exists to bring a disciplinary proceeding against an employee pursuant

to this section.

The employee may be suspended pending a hearing on the charges and

the final determination thereof. The suspension shall be with pay,

except the employee may be suspended without pay if the employee has

entered a guilty plea to or has been convicted of a felony crime

concerning the criminal sale or possession of a controlled substance, a

precursor of a controlled substance, or drug paraphernalia as defined in

article two hundred twenty or two hundred twenty-one of the penal law;

or a felony crime involving the physical abuse of a minor or student

Within ten days of receipt of the statement of charges, the

employee shall notify the clerk or secretary of the employing board in

writing whether he or she desires a hearing on the charges

The unexcused failure of the employee to notify the clerk or

secretary of his or her desire for a hearing within ten days of the

receipt of charges shall be deemed a waiver of the right to a hearing.

http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=$$EDN3020-A$$@TXEDN03020-A+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=08568209+&TARGET=VIEW

So I ask, where is the guarantee for a job for life? Where does it state a poor teacher can keep their job regardless.

Folks, tenure in New York State is a guarantee of due process that must follow the laws of New York.

Let’s call it what is really is, Due Process.

Lets make the deformers say ,” let’s get rid of due process rights currently guaranteed by law” . Make them accountable for their words.. just calling it tenure makes it too easy for them.

§ 3012. Tenure: certain school districts. 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.

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2 thoughts on “OK let’s not call it “Tenure” call it what it is… DUE PROCESS under law

  1. Novlette on said:

    Well thought-out response.

    Ah, this world! Power often corrupts and when it does, man dominates man to his own injury.

  2. Pingback: I worked too damn hard to earn my tenureI tell my friends, I touc | Opine I will

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