Section 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.