New York Consolidated Laws

N.Y. Education Law § 3012 (2026)

Tenure: certain school districts

✓ current as of May 2026

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§ 3012. Tenure: certain school districts. 1. (a) i. 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, who are appointed
prior to July first, two thousand fifteen, 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 article, 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.
  ii. 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,
who are appointed on or after July first, two thousand fifteen, 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 four years, except that in the case of a
teacher who has rendered satisfactory service as a regular substitute
for a period of up to two years or such teacher has rendered
satisfactory service as a seasonally licensed per session teacher of
swimming in day schools who has served in that capacity for a period of
up to two years and has been appointed to teach the same subject in day
schools, on an annual salary, the teacher shall be appointed for a
probationary period of a minimum of two years, depending upon the length
of the regular substitute service that shall shorten the length of the
probationary period; 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 article, the teacher
shall be appointed 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 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) i. 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, who are appointed prior to July first,
two thousand fifteen, 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.
  ii. 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, who are appointed on or after July
first, two thousand fifteen, 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 four years; provided, however, that in the case of a
principal, administrator, supervisor, or other member of the supervising
staff who has been appointed on tenure pursuant to this chapter as an
administrator within an authorized administrative tenure area 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
article, the principal, administrator, supervisor or other member of the
supervising staff shall be appointed 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 article shall continue to hold such position and be governed by the
provisions of this section notwithstanding any contrary provision of
law.
  2. (a) At the expiration of the probationary term of a person
appointed for such term prior to July first, two thousand fifteen,
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. 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 this article:  (i) insubordination, immoral character or conduct
unbecoming a teacher; (ii) inefficiency, incompetency, physical or
mental disability, or neglect of duty; (iii) 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 such person's probationary period.
  (b) At the expiration of the probationary term of a person appointed
for such term on or after July first, two thousand fifteen, 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. Any person who
has acquired tenure shall, upon such person's effective tenure date,
hold their position during good behavior and efficient and competent
service, and shall not be removable except for cause after a hearing as
provided by section three thousand twenty and section three thousand
twenty-a of this article. Failure to maintain certification as required
by this chapter and the regulations of the commissioner shall constitute
cause for removal.
  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.

Notes of Decisions

Cited in 88 cases (9 in the last 5 years), 1968–2026 · leading case: Consedine v. Portville Cent. Sch. Dist., 907 N.E.2d 684 (NY 2009).

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Consedine v. Portville Cent. Sch. Dist., 907 N.E.2d 684 (NY 2009). · cites it 10× “This appeal requires us to determine: (1) whether a school district can waive its statutory right to discharge a probationary school administrator at any time during the three-year probationary term (see Education Law § 3012 [1] [b]) by entering into a durational, three-year…”

Donnelly v. Greenburgh Cent. Sch. Dist. No. 7, 691 F.3d 134 (2d Cir. 2012). · cites it 4× “See N.Y. Educ. Law § 3012 (2). (“At the expiration of the probationary term .”

Gould v. Bd. of Educ., 616 N.E.2d 142 (NY 1993). · cites it 3× “None of the parties was aware that petitioner’s New York City tenure had entitled her to a reduction in her probationary term from three to two years by operation of Education Law § 3012 and that, therefore, she might already possess tenure by estoppel.”

Agosto v. New York City Dep't of Educ., 982 F.3d 86 (2d Cir. 2020). “See N.Y. Educ. Law §§ 3012 -c, 3012-d (providing detailed requirements for “[a]nnual professional performance review of classroom teachers and building principals” and for “[a]nnual teacher and principal evaluations”).”

Madison-Oneida Bd. of Coop. Educ. Servs. v. Mills, 823 N.E.2d 1265 (NY 2004). · cites it 4× “3 TAs are in tenure-based positions pursuant to parallel statutes (see *57 Education Law §§ 3012, 4 3014 5 . Their credential and licensure requirements are outlined in 8 NYCRR 80-5.”

Elana Back v. Hastings on Hudson Union Free Sch. Dist., John J. Russell, Anne Brennan, Marilyn Wishnie, 365 F.3d 107 (2d Cir. 2004). “That being the case, Back must, and indeed does, contend that the Board evinced such “deliberate indifference” to the allegations of discrimination as to show that “the defendant intended the discrimination to occur.”

Nagle v. Marron, 663 F.3d 100 (2d Cir. 2011). “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.” Id. At the end of the probationary term, “the superintendent of schools shall make a written report to the board of education”…”

Linda Donato v. Plainview-Old Bethpage Cent. Sch. Dist. Edward Metzendorf, 96 F.3d 623 (2d Cir. 1996). “” N.Y. Educ. Law § 3012 (l)(b) (McKinney 1995).”

Orshan v. Anker, 489 F. Supp. 820 (E.D.N.Y 1980). · cites it 2× “at 2077 , if, under New York law, plaintiff had acquired tenure, then defendants could not refuse to acknowledge that status without affording him the protections of notice and a hearing pursuant to N.Y.Educ.Law § 3012, 3020-a. Under New York law, a principal may acquire tenure…”

Brown v. Bd. of Educ. of Mahopac Cent. Sch. Dist., 129 A.D.3d 1067 (N.Y. App. Div. 2015). · cites it 3× “” At the expiration of the probationary term, the superintendent of schools shall make a written report to the board of education recommending for appointment on tenure those persons who have been found competent, efficient and satisfactory (see Education Law § 3012 [2]). The…”

Matter of DeNigris v. Smithtown Cent. Sch. Dist., 2023 NY Slip Op 03783 (N.Y. App. Div. 2023). · cites it 7× “OPINION & ORDER The narrow issue presented on this appeal, apparently one of first impression for an appellate court in this State, is whether a teacher may accumulate credit towards tenure, also known as "Jarema credit," pursuant to Education Law § 3012, for time spent teaching…”

Cohen v. Bd. of Educ. of East Ramapo Cent. Sch. Dist., 536 F. Supp. 486 (S.D.N.Y. 1982). · cites it 2× “Plaintiff alleges that her termination on December 1, 1976, violated her constitutional protected interest as a tenured teacher not to be terminated under N.Y. Educ.Law § 3012 (2). Subsequent refusals by defendants to rehire her, she alleges, violated her constitutionally…”

Show all 88 citing cases →

— N.Y. Education Law § 3012(1)(a)(ii) — 1 case

Matter of DeNigris v. Smithtown Cent. Sch. Dist., 2023 NY Slip Op 03783 (N.Y. App. Div. 2023). “OPINION & ORDER The narrow issue presented on this appeal, apparently one of first impression for an appellate court in this State, is whether a teacher may accumulate credit towards tenure, also known as "Jarema credit," pursuant to Education Law § 3012, for time spent teaching…”

— N.Y. Education Law § 3012(2) — 2 cases

Cohen v. Bd. of Educ. of East Ramapo Cent. Sch. Dist., 536 F. Supp. 486 (S.D.N.Y. 1982). “Plaintiff alleges that her termination on December 1, 1976, violated her constitutional protected interest as a tenured teacher not to be terminated under N.Y. Educ.Law § 3012 (2). Subsequent refusals by defendants to rehire her, she alleges, violated her constitutionally…”

Goldberg v. Bd. of Educ. of Hempstead Sch. D., 777 F. Supp. 1109 (E.D.N.Y 1991).

— N.Y. Education Law § 3012(2)(a) — 1 case

Stagliano v. Herkimer Cent. Sch. Dist. (N.D.N.Y. 2020).

— N.Y. Education Law § 3012(3) — 1 case

Matter of Christian v. Dep't of Educ. of the City of New York, 2025 NY Slip Op 06272 (N.Y. App. Div. 2025).

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