Is the recommendation of the superintendent at the end of the probationary period binding upon the board of education?

"New York", United States of America

The following excerpt is from United Liverpool Faculty Ass'n v. Board of Ed. of Liverpool Central School Dist., 420 N.E.2d 386, 438 N.Y.S.2d 505, 52 N.Y.2d 1038 (N.Y. 1981):

That the district superintendent's recommendation at the end of the probationary period to deny tenure is binding upon the board of education is, however, clear from Matter of Anderson v. Board of Educ., 38 N.Y.2d 897, 382 N.Y.S.2d 750, 346 N.E.2d 551. We there held that, in light of the statement in subdivision (c) of section 3031 that that section did not change existing law concerning appointments on tenure, the power given the board by subdivision (b) of that section to review a denial recommendation could not be construed as a power to reject the recommendation. 3

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