Tenure & Teacher Removal

Tenure is simply a statutory right to due process that was first enacted for New York City  teachers in 1897 and expanded to cover Union Free School districts in 1937. Teachers were  uniquely vulnerable in a public school setting.  There were few, if any policies in place to  protect teachers from being fired.  Without job protection, teachers could be fired for literally  any reason.  Race, faith, gender and favoritism were some of the most common reasons for  firing teachers before 1885, as was their political affiliation.  Women could even be fired for becoming pregnant.  Teacher unions in NYS did not negotiate the tenure laws.  Tenure law was established in State Education Law decades before teachers’ unions were recognized in NYS. 

In 1945, tenure law was amended to extend basic due process rights to all public school  teachers.  The tenure law has been amended several times in the last 40 years. 

Additional detailed information about tenure, its importance, requirements and the removal process for a tenured teacher can be found on www.nysut.org and in the document below.

Teachers and Teach Assistants appointed by a board of education on or after July1, 2015 with a September 1, 2015 start date have a four year probationary period. 

Below are the yearly observation requirements for non-tenured teachers and teaching assistants (as per 2020 requirements).  It is important that you are aware of any changes to such requirements that may impact your path to receiving tenure.

Full Time Teacher:  3 formal observations and 1 informal walk through.

Part Time or Half Year Teacher:  If the position is anticipated to be tenure track and full year the following school year, the district tries to schedule 3 formal observations.  If the position was to end at the end of the year, then 1 formal observation but no informal walk through.

Full Time Teaching Assistant:  1 formal observation and 1 informal walk through.

Part Time or Half Year Teaching Assistant:  1 formal observation and 1 informal walk through.

Below is information provided by NYSUT detailing what tenure is as well as changes to tenure and the tenured teacher removal process.

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