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Chapter 57 of the Laws of 2007, added a new Section 3012-b to Education Law requiring the Board of Regents to develop rules establishing minimum standards and procedures for tenure determination of teachers employed in school districts and BOCES. The tenure determination process must include, but need not be limited to, a combination of:

• An evaluation of the extent to which the teacher successfully utilized analysis of available student performance data (such as: State test results, student work, school-developed assessments, teacher developed assessments, etc.) and other relevant information (such as: documented health or nutrition needs, or other student characteristics affecting learning) when providing instruction.
• Peer review by other teachers, as far as practicable; (see NYSUT IB #200825).
• An assessment of the teacher's performance by the teacher's building administrator.

 Section 3012-b was amended by Chapter 57 of the Laws of 2008. The amendment:

• Changes the effective date of the legislation requiring these new standards and procedures to apply to teachers whose probationary period commences on or after July 1, 2008;
• Prohibits school districts and BOCES from using student test scores to grant or deny tenure; and
• Establishes a two-year sunset on Section 3012-b, which will allow the Legislature to revisit this law in 2010.

These changes apply only to classroom teachers providing instructional services whose probationary period commences on or after July 1, 2008. Teachers who are assigned to a new position in a new tenure area in the same school district and teachers who commence probationary period in another school district on or after July 1, 2008 are also affected by these changes.

This bulletin provides information and resources for Local Leaders and Labor Relations Specialists to assist probationary teachers to successfully utilize analysis of available student performance data and other relevant information when providing instruction.

Tenure is an employment status a teacher earns by successfully completing a probationary period of employment. Tenure in New York State is conferred by a Board of Education upon the affirmative recommendation of the Superintendent. A tenured teacher has earned the right to due process under Section 3020-a of the Education Law.

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