Tenure

Gaining tenure is an important milestone. Having tenure means you can’t be terminated without due process and you’re entitled to a hearing if the Department of Education takes disciplinary action.

Under New York State law, public school teachers must serve a probationary period of four years and a day from the date of their appointment. Upon completion of their probationary period, teachers are granted tenure. Tenure isn't automatically granted. To be granted tenure, you must:

Be recommended for tenure by your principal;
be granted tenure by your superintendent;
have a record of acceptable service during your probationary period; and
be on track to complete all your state certification and city licensing requirements.

Even if you achieve tenure, failure to meet New York State certification requirements can lead to termination.

There are many steps you can take to prepare for your tenure decision.

Know your tenure date. To find it, check with your payroll secretary or principal. You may also verify your tenure status by requesting a Comprehensive Employment Verification Report. You’ll want to be proactive in meeting with your principal in advance of your tenure decision to review your work.
Confirm your license code matches the subject and level in which you are teaching. In New York City, tenure is granted in your license appointment area, and those pieces of information must match.

The Tenure Decision-Making Framework encourages principals and superintendents to review multiple measures of teacher effectiveness across three categories:

Student learning focuses on evidence of student growth as determined by New York State Standards.
Teacher practice focuses on teacher planning and preparation, classroom environment, instruction and professional responsibilities.
Professionalism focuses on professional growth and reflection, collaboration and engagement with the school community, communication with families, management of non-instructional responsibilities and general professional conduct.

There are many ways you can organize this information. Some teachers choose to build tenure portfolios using binders organized into subsections where they store lesson plans, student work and assessments, observation reports, certificates from professional learning activities and other records.

Other teachers recommend digital record-keeping, using online resources to organize files. Dropbox, Google Drive or iCloud are all services you can use to store your work.

If you are up for tenure and your principal asks you to agree to extend your probationary period, you should contact your chapter leader or a UFT representative to help ensure that your rights are protected.

There are two ways to reduce your probationary period:

If you worked as a regular substitute in the same license and at the same school level, you can reduce the normal probationary period by up to two years. This is called Jarema Credit, and you should apply if you think you are eligible. The application form is online.
Another way to reduce your probationary period is called “traveling tenure.” If you received tenure from the DOE in one license area, or you were tenured in another New York State school district, you should apply to have your probationary period reduced by one year.

The DOE should reduce your probationary period automatically, but if you think you are eligible for Jarema Credit or traveling tenure and it hasn’t been recognized, you should apply.

If you think you are eligible for either of these options, or have any questions, please contact the union at 212-331-6311. The UFT offers tenure workshops in its borough offices. Check the UFT events calendar for details.

How will being appointed in a new license affect my tenure?

When you are appointed in a new license you begin a new probationary period of up to four years under the new license. Your probationary period can be reduced if you were previously granted tenure with the DOE in another license area or were previously appointed under the license but did not receive tenure.

If there is an excessing situation in your school while you are still within your probationary period under your new license, you will be considered junior to other employees in the same license who have already completed their probation, regardless of your seniority with the DOE.

There are exceptions to this rule in light of recent Memorandums of Agreement that have been negotiated:

If you are reappointed under one of the following licenses, but have not completed probation, you will receive credit for the years under the previous license: SWD, ENL, Bilingual, Library and Theatre.
If you are tenured in a non-shortage area and reappointed under one of the following licenses, you will be eligible for completion of probation after one year and a day: SWD, ENL or Bilingual.

Please note: Your longevity with the DOE does not change when you are appointed under a new license.

Always speak to the educational liaison in your borough before switching your license to understand how this will affect you and that you are following the best procedure.

See more information about tenure »

What is the difference between achieving tenure and completion of probation?

The primary difference between tenure and completion of probation is that a permanent or professional NYS teaching certificate matching the NYCDOE license must be issued.

In some cases, members will still be working under an initial or provisional certificate when they have completed the required probationary period, receive the required recommendation by the principal and approval by the superintendent. This person has completed probation but does not have tenure until the professional or permanent certificate has been issued.

After completion of probation, the member cannot be disciplined or terminated without due process for reasons other than failure to complete the requirements for their professional certificate.

See more information about tenure and members' probationary period.

What is tenure?

Under New York State law, appointed teachers achieve tenure after completing a probationary period (usually four years and a day). In New York City, tenure is granted in your license appointment area. Having tenure means you may not be disciplined or terminated without due process for reasons other than failure to complete the requirements for your professional certificate. As a tenured teacher, you have the right to a hearing before an independent arbitrator regarding any charges brought against you. This due process right protects you from being fired for personal, arbitrary or political reasons.

How do I achieve tenure?

The process for determining whether or not you will get tenure is rigorous, and tenure is not automatic at the end of the probationary period. You must: 1) be recommended for tenure by your principal; 2) be granted tenure by your superintendent; 3) have a record of acceptable service during your probationary period; and 4) be on track to complete all your state certification and city licensing requirements.

Tenure achievement is based on three milestones. Meeting these three milestones makes an individual eligible for tenure, but does not guarantee tenure. Principals will make their recommendation to the superintendent of the district, who will make the final determination.

Eligibility for tenure is based upon:

Permanent or professional state certification: An individual must be appointed with a NYC license that matches their New York State Education Department (NYSED) permanent or professional certification. The school grade specified on the certification must match the level at which someone is appointed.
Service evaluation: An individual's service throughout the entire probationary period preceding their tenure must demonstrate sustained effective or better performance. The DOE considers multiple measures to assess performance including, but not limited to, overall ratings.
Principal recommendation to complete probation: An individual must successfully complete their probationary period, to their principal's satisfaction, before they can be considered for tenure.

As of the 2023 contract, the DOE will have to provide reasons, in writing, for the need to extend a UFT-represented employee’s probationary period if the employee makes a written request to their supervisor for an explanation. Principals can no longer extend someone’s probation without giving them any clue as to why.

Tenured educators may not be disciplined or terminated without due process and have the right to a hearing before an independent arbitrator regarding any charges brought against them. This due process right protects the employee from being fired for personal, arbitrary or political reasons.

See more information about tenure »

Will I receive tenure if I resign my DOE teaching position after my fourth year of teaching?

You must work one day past your probation completion date. If you finish your fourth year at the end of June, you must return for at least part of the following year to receive tenure. Your probation is not complete until the first day of school the following year. You maintain that tenure as long as there is no gap in your state certification following a subsequent return to service if you resign.

What is traveling tenure?

Traveling tenure may reduce your probationary period. If you received tenure from the DOE in one license area and elect to take an appointment in a new license area, your probationary period will be reduced by one year. If you are eligible, contact your UFT borough office for more information. See the DOE form to apply for a reduction in probation.

What is Jarema credit? How may I apply for it?

You may receive credit to reduce your probationary time if you worked as a regular substitute or as an appointed teacher in the same license area and same division (i.e., elementary, junior high, high school) in which you are subsequently approved. You can receive up to two years of Jarema Credit. Per diem days do not count toward Jarema Credit. See the DOE's form to apply for a reduction in probationary service .