STATE OF NEW YORK ________________________________________________________________________ 7525 2023-2024 Regular Sessions IN ASSEMBLY May 25, 2023 ___________ Introduced by M. of A. BENEDETTO -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to annual professional performance reviews of teachers and principals; and to repeal section 3020-b of the education law relating to streamlined removal procedures for teachers rated ineffective The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs a and b of subdivision 1 of section 2-d of the 2 education law, as added by section 1 of subpart L of part AA of chapter 3 56 of the laws of 2014, are amended to read as follows: 4 a. "Building principal" means a building principal subject to annual 5 performance evaluation review under the provisions of section three 6 thousand twelve-c, section three thousand twelve-d, or section three 7 thousand twelve-e of this chapter. 8 b. "Classroom teacher" means a teacher subject to annual performance 9 evaluation review under the provisions of section three thousand 10 twelve-c, section three thousand twelve-d, or section three thousand 11 twelve-e of this chapter. 12 § 2. Subparagraph ii of paragraph (a) of subdivision 1 and paragraph b 13 of subdivision 2 of section 2509 of the education law, as amended by 14 chapter 201 of the laws of 2022, are amended to read as follows: 15 ii. Notwithstanding any other provision of law or regulation to the 16 contrary, teachers and all other members of the teaching staff appointed 17 on or after July first, two thousand fifteen and authorized by section 18 twenty-five hundred three of this article, shall be appointed by the 19 board of education, upon the recommendation of the superintendent of 20 schools, for a probationary period of four years, except that in the 21 case of a teacher who has rendered satisfactory service as a regular 22 substitute for a period of up to two years [and, if a classroom teacher, 23 has received composite annual professional performance review ratings in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11244-01-3
A. 7525 2 1 each of those years], or such teacher has rendered satisfactory service 2 as a seasonally licensed per session teacher of swimming in day schools 3 who has served in that capacity for a period of up to two years and has 4 been appointed to teach the same subject in day schools on an annual 5 salary, the teacher shall be appointed for a probationary period of a 6 minimum of two years, depending upon the length of the regular substi- 7 tute service that shall shorten the length of the probationary period; 8 provided, however, that in the case of a teacher who has been appointed 9 on tenure in another school district within the state, the school 10 district where currently employed, or a board of cooperative educational 11 services, and who was not dismissed from such district or board as a 12 result of charges brought pursuant to subdivision one of section three 13 thousand twenty-a [or section three thousand twenty-b] of this chapter, 14 the teacher shall be appointed for a probationary period of three 15 years[; provided that the teacher demonstrates that he or she received 16 an annual professional performance review rating pursuant to section 17 three thousand twelve-c or section three thousand twelve-d of this chap- 18 ter in his or her final year of service in such other school district or 19 board of cooperative educational services. Provided further, however, 20 that in the case of a teacher who has been appointed for a probationary 21 period during the two thousand twenty--two thousand twenty-one, the two 22 thousand twenty-one--two thousand twenty-two or the two thousand twen- 23 ty-two--two thousand twenty-three school year and who has been appointed 24 on tenure in another school district within the state, the school 25 district where currently employed, board of cooperative educational 26 services or state school for the blind or deaf and who was not dismissed 27 from such district, board or state school for the blind or deaf as a 28 result of charges brought pursuant to subdivision one of section three 29 thousand twenty-a or section three thousand twenty-b of this chapter, 30 such teacher shall be appointed for a probationary period of three 31 years; provided that, in the case of a classroom teacher, such teacher 32 demonstrates that he or she received an annual professional performance 33 review rating pursuant to section three thousand twelve-c or section 34 three thousand twelve-d of this chapter in the two thousand seventeen-- 35 two thousand eighteen or two thousand eighteen--two thousand nineteen 36 school year in such other school district, board of cooperative educa- 37 tional services or state school for the blind or deaf]. The service of a 38 person appointed to any of such positions may be discontinued at any 39 time during such probationary period, on the recommendation of the 40 superintendent of schools, by a majority vote of the board of education. 41 Each person who is not to be recommended for appointment on tenure shall 42 be so notified by the superintendent of schools in writing not later 43 than sixty days immediately preceding the expiration of his/her proba- 44 tionary period. 45 b. For persons appointed on or after July first, two thousand fifteen, 46 at the expiration of the probationary term of any persons appointed for 47 such term, or within six months prior thereto, the superintendent of 48 schools shall make a written report to the board of education recommend- 49 ing for appointment on tenure those persons who have been found compe- 50 tent, efficient and satisfactory [and in the case of a classroom teacher 51 or building principal, who have received annual professional performance 52 review ratings pursuant to section three thousand twelve-c or section 53 three thousand twelve-d of this chapter, of either effective or highly 54 effective in at least three of the four preceding years, exclusive of 55 any breaks in service; provided that, in the case of a classroom teacher 56 or building principal appointed during the two thousand seventeen--two
A. 7525 3 1 thousand eighteen or the two thousand twenty--two thousand twenty-one 2 school year, who have received composite annual professional performance 3 review ratings pursuant to section three thousand twelve-c or section 4 three thousand twelve-d of this chapter, of either effective or highly 5 effective in at least one of the four preceding years, exclusive of any 6 breaks in service, and did not receive an ineffective rating in the 7 final year of his or her probationary period, or during the most recent 8 school year where a rating was received, and would have been in the 9 superintendent of schools' discretion qualified for appointment on 10 tenure based upon performance, notwithstanding that his or her annual 11 professional performance review had not been completed and he or she had 12 not received an annual professional performance rating for the two thou- 13 sand nineteen--two thousand twenty, two thousand twenty--two thousand 14 twenty-one or the two thousand twenty-one--two thousand twenty-two 15 school year; provided that, in the case of a classroom teacher or build- 16 ing principal appointed during the two thousand eighteen--two thousand 17 nineteen or two thousand nineteen--two thousand twenty school year, who 18 has not received composite annual professional performance review 19 ratings pursuant to section three thousand twelve-c or section three 20 thousand twelve-d of this chapter, for three consecutive years, no 21 ratings shall be required for the superintendent of schools to recommend 22 for appointment on tenure such teacher or building principal if the 23 teacher or principal would have been, in the superintendent of schools' 24 discretion, qualified for appointment on tenure based upon performance, 25 notwithstanding that his or her annual professional performance review 26 had not been completed and he or she had not received an annual profes- 27 sional performance review rating for the two thousand nineteen--two 28 thousand twenty, two thousand twenty--two thousand twenty-one and two 29 thousand twenty-one--two thousand twenty-two school years; provided that 30 in the case of a classroom teacher or building principal appointed 31 during the two thousand twenty-one--two thousand twenty-two school year 32 who have received composite annual professional performance review 33 ratings pursuant to section three thousand twelve-c or section three 34 thousand twelve-d of this chapter of either effective or highly effec- 35 tive in at least two of the four preceding years, exclusive of any 36 breaks in service, and did not receive an ineffective rating in the 37 final year of his or her probationary period, or during the most recent 38 school year where a rating was received, and would have been in the 39 superintendent of schools' discretion qualified for appointment on 40 tenure based upon performance, notwithstanding that his or her annual 41 professional performance review had not been completed and he or she had 42 not received an annual professional performance rating for the two thou- 43 sand twenty--two thousand twenty-one or two thousand twenty-one--two 44 thousand twenty-two school year; provided further that, notwithstanding 45 any other provision of this section to the contrary, when a teacher or 46 principal receives an effective or highly effective rating in each year 47 of his or her probationary service except he or she receives an ineffec- 48 tive rating in the final year of his or her probationary period, such 49 teacher or principal shall not be eligible for tenure but the board of 50 education in its discretion, may extend the teacher's probationary peri- 51 od for an additional year; provided, however, that if such teacher or 52 principal successfully appealed such ineffective rating, such teacher or 53 principal shall immediately be eligible for tenure if the rating result- 54 ing from the appeal established that such individual has been effective 55 or highly effective in at least three of the preceding four years and 56 was not ineffective in the final year. By a majority vote, the board of
A. 7525 4 1 education may then appoint on tenure any or all of the persons recom- 2 mended by the superintendent of schools. At the expiration of the proba- 3 tionary period, the classroom teacher or building principal shall remain 4 in probationary status until the end of the school year in which such 5 teacher or principal has received such ratings of effective or highly 6 effective for at least three of the four preceding school years exclu- 7 sive of any breaks in service and subject to the terms hereof, during 8 which time a board of education shall consider whether to grant tenure 9 for those classroom teachers or building principals who otherwise have 10 been found competent, efficient and satisfactory. Provided, however, 11 that the board of education may grant tenure contingent upon a classroom 12 teacher's or building principal's receipt of a minimum rating in the 13 final year of the probationary period, pursuant to the requirements of 14 this section, and if such contingency is not met after all appeals have 15 been exhausted, the grant of tenure shall be void and unenforceable and 16 the teacher's or principal's probationary period may be extended in 17 accordance with this subdivision. Such persons who have been recommended 18 for tenure and all others employed in the teaching service of the 19 schools of such school district who have served the full probationary 20 period as extended pursuant to this subdivision shall hold their respec- 21 tive positions during good behavior and efficient and competent service, 22 and shall not be removable except for cause after a hearing as provided 23 by section three thousand twenty-a or section three thousand twenty-b of 24 this chapter]. Failure to maintain certification as required by this 25 chapter and the regulations of the commissioner shall constitute cause 26 for removal. 27 § 3. Subparagraphs i and ii of paragraph (a) of subdivision 1 of 28 section 2573 of the education law, subparagraph i as amended by section 29 3 of subpart D of part EE of chapter 56 of the laws of 2015, and subpar- 30 agraph ii as amended by chapter 201 of the laws of 2022, are amended to 31 read as follows: 32 i. Teachers and all other members of the teaching staff, appointed 33 prior to July first, two thousand fifteen and authorized by section 34 twenty-five hundred fifty-four of this article, shall be appointed by 35 the board of education, upon the recommendation of the superintendent of 36 schools, for a probationary period of three years, except that in the 37 case of a teacher who has rendered satisfactory service as a regular 38 substitute for a period of two years or as a seasonally licensed per 39 session teacher of swimming in day schools who has served in that capac- 40 ity for a period of two years and has been appointed to teach the same 41 subject in day schools on an annual salary, the probationary period 42 shall be limited to one year; provided, however, that in the case of a 43 teacher who has been appointed on tenure in another school district 44 within the state, the school district where currently employed, or a 45 board of cooperative educational services, and who was not dismissed 46 from such district or board as a result of charges brought pursuant to 47 subdivision one of section three thousand twenty-a [or section three 48 thousand twenty-b] of this chapter, the probationary period shall not 49 exceed two years; provided, however, that in cities with a population of 50 one million or more, a teacher appointed under a newly created license, 51 for teachers of reading and of the emotionally handicapped, to a posi- 52 tion which the teacher has held for at least two years prior to such 53 appointment while serving on tenure in another license area who was not 54 dismissed as a result of charges brought pursuant to subdivision one of 55 section three thousand twenty-a [or section three thousand twenty-b] of 56 this chapter, the probationary period shall be one year. The service of
A. 7525 5 1 a person appointed to any of such positions may be discontinued at any 2 time during such probationary period, on the recommendation of the 3 superintendent of schools, by a majority vote of the board of education. 4 Each person who is not to be recommended for appointment on tenure shall 5 be so notified by the superintendent of schools in writing not later 6 than sixty days immediately preceding the expiration of his or her 7 probationary period. In city school districts having a population of 8 four hundred thousand or more, persons with licenses obtained as a 9 result of examinations announced subsequent to the twenty-second day of 10 May, nineteen hundred sixty-nine appointed upon conditions that all 11 announced requirements for the position be fulfilled within a specified 12 period of time, shall not acquire tenure unless and until such require- 13 ments have been completed within the time specified for the fulfillment 14 of such requirements, notwithstanding the expiration of any probationary 15 period. In all other city school districts subject to the provisions of 16 this article, failure to maintain certification as required by this 17 article and by the regulations of the commissioner shall be cause for 18 removal within the meaning of subdivision five of this section. 19 ii. Teachers and all other members of the teaching staff appointed on 20 or after July first, two thousand fifteen and authorized by section 21 twenty-five hundred fifty-four of this article, shall be appointed by 22 the board of education, upon the recommendation of the superintendent of 23 schools, for a probationary period of four years, except that in the 24 case of a teacher who has rendered satisfactory service as a regular 25 substitute for a period of up to two years [and, if a classroom teacher, 26 has received annual professional performance review ratings in each of 27 those years], or such teacher has rendered satisfactory service as a 28 seasonally licensed per session teacher of swimming in day schools who 29 has served in that capacity for a period of up to two years and has been 30 appointed to teach the same subject in day schools on an annual salary, 31 the teacher shall be appointed for a probationary period of a minimum of 32 two years, depending upon the length of the regular substitute service 33 that shall shorten the length of the probationary period; provided, 34 however, that in the case of a teacher who has been appointed on tenure 35 in another school district within the state, the school district where 36 currently employed, or a board of cooperative educational services, and 37 who was not dismissed from such district or board as a result of charges 38 brought pursuant to subdivision one of section three thousand twenty-a 39 [or section three thousand twenty-b] of this chapter, the teacher shall 40 be appointed for a probationary period of three years[; provided that, 41 in the case of a classroom teacher, the teacher demonstrates that he or 42 she received an annual professional performance review rating pursuant 43 to section three thousand twelve-c or section three thousand twelve-d of 44 this chapter in his or her final year of service in such other school 45 district or board of cooperative educational services; provided, howev- 46 er, that, in the case of a classroom teacher who has been appointed for 47 a probationary period during the two thousand twenty--two thousand twen- 48 ty-one, the two thousand twenty-one--two thousand twenty-two or the two 49 thousand twenty-two--two thousand twenty-three school year and who has 50 been appointed on tenure in another school district within the state, 51 the school district where currently employed, board of cooperative 52 educational services or state school for the blind or deaf, and who was 53 not dismissed from such district, board or state school for the blind or 54 deaf as a result of charges brought pursuant to section three thousand 55 twenty-a or section three thousand twenty-b of this chapter, such teach- 56 er shall be appointed for a probationary period of three years; provided
A. 7525 6 1 that, in the case of a classroom teacher, such teacher demonstrates that 2 he or she received an annual professional performance review rating 3 pursuant to section three thousand twelve-c or section three thousand 4 twelve-d of this chapter in the two thousand seventeen--two thousand 5 eighteen or two thousand eighteen--two thousand nineteen school year in 6 such other school district, board of cooperative educational services or 7 state school for the blind or deaf]; provided further, however, that in 8 cities with a population of one million or more, a teacher appointed 9 under a newly created license, for teachers of reading and of the 10 emotionally handicapped, to a position which the teacher has held for at 11 least two years prior to such appointment while serving on tenure in 12 another license area who was not dismissed as a result of charges 13 brought pursuant to subdivision one of section three thousand twenty-a 14 [or section three thousand twenty-b] of this chapter, the teacher shall 15 be appointed for a probationary period of two years. The service of a 16 person appointed to any of such positions may be discontinued at any 17 time during such probationary period, on the recommendation of the 18 superintendent of schools, by a majority vote of the board of education. 19 Each person who is not to be recommended for appointment on tenure shall 20 be so notified by the superintendent of schools in writing not later 21 than sixty days immediately preceding the expiration of his or her 22 probationary period. In all city school districts subject to the 23 provisions of this article, failure to maintain certification as 24 required by this article and by the regulations of the commissioner 25 shall be cause for removal within the meaning of subdivision five of 26 this section. 27 § 4. Subdivisions 5 and 6 of section 2573 of the education law, as 28 amended by section 3 of subpart D of part EE of chapter 56 of the laws 29 of 2015, paragraph (b) of subdivision 5 and paragraph (b) of subdivision 30 6 as amended by chapter 201 of the laws of 2022, are amended to read as 31 follows: 32 5. (a) At the expiration of the probationary term of any persons 33 appointed for such term prior to July first, two thousand fifteen, the 34 superintendent of schools shall make a written report to the board of 35 education recommending for permanent appointment those persons who have 36 been found competent, efficient and satisfactory. Such persons and all 37 others employed in the teaching, service of the schools of a city, who 38 have served the full probationary period, shall hold their respective 39 positions during good behavior and efficient and competent service, and 40 shall not be removable except for cause after a hearing as provided by 41 section three thousand twenty-a [or section three thousand twenty-b] of 42 this chapter. 43 (b) At the expiration of the probationary term of any persons 44 appointed for such term on or after July first, two thousand fifteen, 45 the superintendent of schools shall make a written report to the board 46 of education recommending for permanent appointment those persons who 47 have been found competent, efficient and satisfactory [and, in the case 48 of a classroom teacher or building principal, who have received compos- 49 ite annual professional performance review ratings pursuant to section 50 three thousand twelve-c or section three thousand twelve-d of this chap- 51 ter, of either effective or highly effective in at least three of the 52 four preceding years, exclusive of any breaks in service; provided that, 53 in the case of a classroom teacher or building principal appointed 54 during the two thousand seventeen--two thousand eighteen or two thousand 55 twenty--two thousand twenty-one school year, who have received composite 56 annual professional performance review ratings pursuant to section three
A. 7525 7 1 thousand twelve-c or section three thousand twelve-d of this chapter of 2 either effective or highly effective in at least one of the four preced- 3 ing years, exclusive of any breaks in service, and did not receive an 4 ineffective rating in the final year of his or her probationary period 5 or during the most recent school year where a rating was received, and 6 would have been in the superintendent of schools' discretion qualified 7 for appointment on tenure based upon performance, notwithstanding that 8 his or her annual professional performance review had not been completed 9 and he or she had not received an annual professional performance rating 10 for the two thousand nineteen--two thousand twenty, two thousand twen- 11 ty--two thousand twenty-one or the two thousand twenty-one--two thousand 12 twenty-two school year; provided that, in the case of a classroom teach- 13 er or building principal appointed during the two thousand eighteen--two 14 thousand nineteen or two thousand nineteen--two thousand twenty school 15 year, who has not received composite annual professional performance 16 review ratings pursuant to section three thousand twelve-c or section 17 three thousand twelve-d of this chapter for three consecutive years, no 18 ratings shall be required for the superintendent of schools to recommend 19 for appointment on tenure such teacher or building principal if the 20 teacher or principal would have been, in the superintendent of schools' 21 discretion, qualified for appointment on tenure based upon performance, 22 notwithstanding that his or her annual professional performance review 23 had not been completed and he or she had not received an annual profes- 24 sional performance review rating for the two thousand nineteen--two 25 thousand twenty, two thousand twenty--two thousand twenty-one and two 26 thousand twenty-one--two thousand twenty-two school years; provided that 27 in the case of a classroom teacher or building principal appointed 28 during the two thousand twenty-one--two thousand twenty-two school year 29 who have received composite annual professional performance review 30 ratings pursuant to section three thousand twelve-c or section three 31 thousand twelve-d of this chapter of either effective or highly effec- 32 tive in at least two of the four preceding years, exclusive of any 33 breaks in service, and did not receive an ineffective rating in the 34 final year of his or her probationary period or during the most recent 35 school year where a rating was received, and would have been in the 36 superintendent of schools' discretion qualified for appointment on 37 tenure based upon performance, notwithstanding that his or her annual 38 professional performance review had not been completed and he or she had 39 not received an annual professional performance rating for the two thou- 40 sand twenty--two thousand twenty-one or two thousand twenty-one--two 41 thousand twenty-two school year; provided further that, notwithstanding 42 any other provision of this section to the contrary, when a teacher or 43 principal receives an effective and/or highly effective rating in each 44 year of his or her probationary service except he or she receives an 45 ineffective rating in the final year of his or her probationary period, 46 such teacher or principal shall not be eligible for tenure but the board 47 of education in its discretion, may extend the teacher's probationary 48 period for an additional year; provided, however, that if such teacher 49 or principal successfully appealed such ineffective rating, such teacher 50 or principal shall immediately be eligible for tenure if the rating 51 resulting from the appeal established that such individual has been 52 effective or highly effective in at least three of the preceding four 53 years. At the expiration of the probationary period, the classroom 54 teacher or building principal shall remain in probationary status until 55 the end of the school year in which such teacher or principal has 56 received such ratings of effective or highly effective for at least
A. 7525 8 1 three of the four preceding school years, exclusive of any breaks in 2 service and subject to the terms hereof, during which time a board of 3 education shall consider whether to grant tenure for those classroom 4 teachers or building principals who otherwise have been found competent, 5 efficient and satisfactory. Provided, however, that the board of educa- 6 tion may grant tenure contingent upon a classroom teacher's or building 7 principal's receipt of a minimum rating in the final year of the proba- 8 tionary period, pursuant to the requirements of this section, and if 9 such contingency is not met after all appeals have been exhausted, the 10 grant of tenure shall be void and unenforceable and the teacher's or 11 principal's probationary period may be extended in accordance with this 12 subdivision]. Such persons who have been recommended for tenure and all 13 others employed in the teaching service of the schools of such school 14 district who have served the full probationary period as extended pursu- 15 ant to this subdivision shall hold their respective positions during 16 good behavior and efficient and competent service, and shall not be 17 removable except for cause after a hearing as provided by section three 18 thousand twenty-a [or section three thousand twenty-b] of this chapter. 19 Failure to maintain certification as required by this chapter and the 20 regulations of the commissioner shall constitute cause for removal. 21 6. (a) In a city having a population of four hundred thousand or more, 22 at the expiration of the probationary term of any persons appointed for 23 such term prior to July first, two thousand fifteen, the superintendent 24 of schools shall make a written report to the board of education recom- 25 mending for permanent appointment those persons who have been found 26 satisfactory, and such board of education shall immediately thereafter 27 issue to such persons permanent certificates of appointment. Such 28 persons and all others employed in the teaching service of the schools 29 of such city, who have served the full probationary period shall receive 30 permanent certificates to teach issued to them by the certificating 31 authority, except as otherwise provided in subdivision ten-a of this 32 section, and shall hold their respective positions during good behavior 33 and satisfactory teaching service, and shall not be removable except for 34 cause after a hearing as provided by section three thousand twenty-a [or 35 section three thousand twenty-b] of this chapter. 36 (b) At the expiration of the probationary term of any persons 37 appointed for such term on or after July first, two thousand fifteen, 38 the superintendent of schools shall make a written report to the board 39 of education recommending for permanent appointment those persons who 40 have been found competent, efficient and satisfactory [and, in the case 41 of a classroom teacher or building principal, who have received compos- 42 ite annual professional performance review ratings pursuant to section 43 three thousand twelve-c or section three thousand twelve-d of this chap- 44 ter, of either effective or highly effective in at least three of the 45 four preceding years, exclusive of any breaks in service; provided that, 46 in the case of a classroom teacher or building principal appointed 47 during the two thousand seventeen--two thousand eighteen or two thousand 48 twenty--two thousand twenty-one school year, who have received composite 49 annual professional performance review ratings pursuant to section three 50 thousand twelve-c or section three thousand twelve-d of this chapter of 51 either effective or highly effective in at least one of the four preced- 52 ing years, exclusive of any breaks in service, and did not receive an 53 ineffective rating in the final year of his or her probationary period 54 or during the most recent school year where a rating was received, and 55 would have been in the superintendent of schools' discretion qualified 56 for appointment on tenure based upon performance, notwithstanding that
A. 7525 9 1 his or her annual professional performance review had not been completed 2 and he or she had not received an annual professional performance rating 3 for the two thousand nineteen--two thousand twenty, two thousand twen- 4 ty--two thousand twenty-one or the two thousand twenty-one--two thousand 5 twenty-two school year; provided that, in the case of a classroom teach- 6 er or building principal appointed during the two thousand eighteen--two 7 thousand nineteen or two thousand nineteen--two thousand twenty school 8 year, who has not received composite annual professional performance 9 review ratings pursuant to section three thousand twelve-c or section 10 three thousand twelve-d of this chapter for three consecutive years, no 11 ratings shall be required for the superintendent of schools to recommend 12 for appointment on tenure such teacher or building principal if the 13 teacher or principal would have been, in the superintendent of schools' 14 discretion, qualified for appointment on tenure based upon performance, 15 notwithstanding that his or her annual professional performance review 16 had not been completed and he or she had not received a composite annual 17 professional performance review rating for the two thousand nineteen-- 18 two thousand twenty, two thousand twenty--two thousand twenty-one and 19 two thousand twenty-one--two thousand twenty-two school years; provided 20 that in the case of a classroom teacher or building principal appointed 21 during the two thousand twenty-one--two thousand twenty-two school year 22 who have received composite annual professional performance review 23 ratings pursuant to section three thousand twelve-c or section three 24 thousand twelve-d of this chapter of either effective or highly effec- 25 tive in at least two of the four preceding years, exclusive of any 26 breaks in service, and did not receive an ineffective rating in the 27 final year of his or her probationary period or during the most recent 28 school year where a rating was received, and would have been in the 29 superintendent of schools' discretion qualified for appointment on 30 tenure based upon performance, notwithstanding that his or her annual 31 professional performance review had not been completed and he or she had 32 not received an annual professional performance rating for the two thou- 33 sand twenty--two thousand twenty-one or two thousand twenty-one--two 34 thousand twenty-two school year; provided further that, notwithstanding 35 any other provision of this section to the contrary, when a teacher 36 receives an effective and/or highly effective rating in each year of his 37 or her probationary service except he or she receives an ineffective 38 rating in the final year of his or her probationary period, such teacher 39 or principal shall not be eligible for tenure but the board of education 40 in its discretion, may extend the teacher's probationary period for an 41 additional year; provided, however, that if such teacher or principal 42 successfully appealed such ineffective rating, such teacher or principal 43 shall immediately be eligible for tenure if the rating resulting from 44 the appeal established that such individual has been effective or highly 45 effective in at least three of the preceding four years and was not 46 ineffective in the final year. At the expiration of the probationary 47 period, the classroom teacher or building principal shall remain in 48 probationary status until the end of the school year in which such 49 teacher or principal has received such ratings of effective or highly 50 effective for at least three of the four preceding school years, exclu- 51 sive of any breaks in service and subject to the terms hereof, during 52 which time a board of education shall consider whether to grant tenure 53 for those classroom teachers or building principals who otherwise have 54 been found competent, efficient and satisfactory. Provided, however, 55 that the board of education may grant tenure contingent upon a classroom 56 teacher's or building principal's receipt of a minimum rating in the
A. 7525 10 1 final year of the probationary period, pursuant to the requirements of 2 this section, and if such contingency is not met after all appeals have 3 been exhausted, the grant of tenure shall be void and unenforceable and 4 the teacher's or principal's probationary period may be extended in 5 accordance with this subdivision]. Such persons who have been recom- 6 mended for tenure and all others employed in the teaching service of the 7 schools of such school district who have served the full probationary 8 period as extended pursuant to this subdivision shall hold their respec- 9 tive positions during good behavior and efficient and competent service, 10 and shall not be removable except for cause after a hearing as provided 11 by section three thousand twenty-a [or section three thousand twenty-b] 12 of this chapter. Failure to maintain certification as required by this 13 chapter and the regulations of the commissioner shall constitute cause 14 for removal. 15 § 5. Section 3012 of the education law, as amended by section 4 of 16 subpart D of part EE of chapter 56 of the laws of 2015, subparagraph ii 17 of paragraph (a) of subdivision 1 and paragraph (b) of subdivision 2 as 18 amended by chapter 201 of the laws of 2022, and subparagraph ii of para- 19 graph (b) of subdivision 1 as amended by chapter 345 of the laws of 20 2019, is amended to read as follows: 21 § 3012. Tenure: certain school districts. 1. (a) i. Teachers and all 22 other members of the teaching staff of school districts, including 23 common school districts and/or school districts employing fewer than 24 eight teachers, other than city school districts, who are appointed 25 prior to July first, two thousand fifteen, shall be appointed by the 26 board of education, or the trustees of common school districts, upon the 27 recommendation of the superintendent of schools, for a probationary 28 period of three years, except that in the case of a teacher who has 29 rendered satisfactory service as a regular substitute for a period of 30 two years or as a seasonally licensed per session teacher of swimming in 31 day schools who has served in that capacity for a period of two years 32 and has been appointed to teach the same subject in day schools, on an 33 annual salary, the probationary period shall be limited to one year; 34 provided, however, that in the case of a teacher who has been appointed 35 on tenure in another school district within the state, the school 36 district where currently employed, or a board of cooperative educational 37 services, and who was not dismissed from such district or board as a 38 result of charges brought pursuant to subdivision one of section three 39 thousand twenty-a [or section three thousand twenty-b] of this article, 40 the probationary period shall not exceed two years. The service of a 41 person appointed to any of such positions may be discontinued at any 42 time during such probationary period, on the recommendation of the 43 superintendent of schools, by a majority vote of the board of education 44 or the trustees of a common school district. 45 ii. Teachers and all other members of the teaching staff of school 46 districts, including common school districts and/or school districts 47 employing fewer than eight teachers, other than city school districts, 48 who are appointed on or after July first, two thousand fifteen, shall be 49 appointed by the board of education, or the trustees of common school 50 districts, upon the recommendation of the superintendent of schools, for 51 a probationary period of four years, except that in the case of a teach- 52 er who has rendered satisfactory service as a regular substitute for a 53 period of up to two years [and, if a classroom teacher, has received 54 annual professional performance review ratings in each of those years,] 55 or such teacher has rendered satisfactory service as a seasonally 56 licensed per session teacher of swimming in day schools who has served
A. 7525 11 1 in that capacity for a period of up to two years and has been appointed 2 to teach the same subject in day schools, on an annual salary, the 3 teacher shall be appointed for a probationary period of a minimum of two 4 years, depending upon the length of the regular substitute service that 5 shall shorten the length of the probationary period; provided, however, 6 that in the case of a teacher who has been appointed on tenure in anoth- 7 er school district within the state, the school district where currently 8 employed, or a board of cooperative educational services, and who was 9 not dismissed from such district or board as a result of charges brought 10 pursuant to subdivision one of section three thousand twenty-a [or 11 section three thousand twenty-b] of this article, the teacher shall be 12 appointed for a probationary period of three years[; provided that, in 13 the case of a classroom teacher, the teacher demonstrates that he or she 14 received an annual professional performance review rating pursuant to 15 section three thousand twelve-c or section three thousand twelve-d of 16 this chapter in his or her final year of service in such other school 17 district or board of cooperative educational services. Provided further, 18 however, that in the case of a teacher who has been appointed for a 19 probationary period during the two thousand twenty--two thousand twen- 20 ty-one, the two thousand twenty one--two thousand twenty-two or the two 21 thousand twenty-two--two thousand twenty-three school year and who has 22 been appointed on tenure in another school district within the state, 23 the school district where currently employed, board of cooperative 24 educational services or state school for the blind or deaf and who was 25 not dismissed from such district, board or state school for the blind or 26 deaf as a result of charges brought pursuant to subdivision one of 27 section three thousand twenty-a or section three thousand twenty-b of 28 this article, such teacher shall be appointed for a probationary period 29 of three years; provided that, in the case of a classroom teacher, such 30 teacher demonstrates that he or she received an annual professional 31 performance review rating pursuant to section three thousand twelve-c or 32 section three thousand twelve-d of this article in the two thousand 33 seventeen--two thousand eighteen or two thousand eighteen--two thousand 34 nineteen school year in such other school district, board of cooperative 35 educational services or state school for the blind or deaf]. The service 36 of a person appointed to any of such positions may be discontinued at 37 any time during such probationary period, on the recommendation of the 38 superintendent of schools, by a majority vote of the board of education 39 or the trustees of a common school district. 40 (b) i. Principals, administrators, supervisors and all other members 41 of the supervising staff of school districts, including common school 42 districts and/or school districts employing fewer than eight teachers, 43 other than city school districts, who are appointed prior to July first, 44 two thousand fifteen, shall be appointed by the board of education, or 45 the trustees of a common school district, upon the recommendation of the 46 superintendent of schools for a probationary period of three years. The 47 service of a person appointed to any of such positions may be discontin- 48 ued at any time during the probationary period on the recommendation of 49 the superintendent of schools, by a majority vote of the board of educa- 50 tion or the trustees of a common school district. 51 ii. Principals, administrators, supervisors and all other members of 52 the supervising staff of school districts, including common school 53 districts and/or school districts employing fewer than eight teachers, 54 other than city school districts, who are appointed on or after July 55 first, two thousand fifteen, shall be appointed by the board of educa- 56 tion, or the trustees of a common school district, upon the recommenda-
A. 7525 12 1 tion of the superintendent of schools for a probationary period of four 2 years; provided, however, that in the case of a principal, administra- 3 tor, supervisor, or other member of the supervising staff who has been 4 appointed on tenure pursuant to this chapter as an administrator within 5 an authorized administrative tenure area in another school district 6 within the state, the school district where currently employed, or a 7 board of cooperative educational services, and who was not dismissed 8 from such district or board as a result of charges brought pursuant to 9 subdivision one of section three thousand twenty-a [or section three 10 thousand twenty-b] of this article, the principal, administrator, super- 11 visor or other member of the supervising staff shall be appointed for a 12 probationary period of three years. The service of a person appointed to 13 any of such positions may be discontinued at any time during the proba- 14 tionary period on the recommendation of the superintendent of schools, 15 by a majority vote of the board of education or the trustees of a common 16 school district. 17 (c) Any person previously appointed to tenure or a probationary period 18 pursuant to the provisions of former section three thousand thirteen of 19 this article shall continue to hold such position and be governed by the 20 provisions of this section notwithstanding any contrary provision of 21 law. 22 2. (a) At the expiration of the probationary term of a person 23 appointed for such term prior to July first, two thousand fifteen, 24 subject to the conditions of this section, the superintendent of schools 25 shall make a written report to the board of education or the trustees of 26 a common school district recommending for appointment on tenure those 27 persons who have been found competent, efficient and satisfactory. Such 28 persons, and all others employed in the teaching service of the schools 29 of such union free school district, common school district and/or school 30 district employing fewer than eight teachers, who have served the proba- 31 tionary period as provided in this section, shall hold their respective 32 positions during good behavior and efficient and competent service, and 33 shall not be removed except for any of the following causes, after a 34 hearing, as provided by section three thousand twenty-a [or section 35 three thousand twenty-b] of this article: [(a)] (i) insubordination, 36 immoral character or conduct unbecoming a teacher; [(b)] (ii) ineffi- 37 ciency, incompetency, physical or mental disability, or neglect of duty; 38 [(c)] (iii) failure to maintain certification as required by this chap- 39 ter and by the regulations of the commissioner. Each person who is not 40 to be recommended for appointment on tenure, shall be so notified by the 41 superintendent of schools in writing not later than sixty days imme- 42 diately preceding the expiration of his probationary period. 43 (b) At the expiration of the probationary term of a person appointed 44 for such term on or after July first, two thousand fifteen, subject to 45 the conditions of this section, the superintendent of schools shall make 46 a written report to the board of education or the trustees of a common 47 school district recommending for appointment on tenure those persons who 48 have been found competent, efficient and satisfactory [and, in the case 49 of a classroom teacher or building principal, who have received compos- 50 ite annual professional performance review ratings pursuant to section 51 three thousand twelve-c or section three thousand twelve-d of this arti- 52 cle, of either effective or highly effective in at least three of the 53 four preceding years, exclusive of any breaks in service; provided that 54 in the case of a classroom teacher or building principal appointed 55 during the two thousand seventeen--two thousand eighteen or two thousand 56 twenty--two thousand twenty-one school year, who have received composite
A. 7525 13 1 annual professional performance review ratings pursuant to section three 2 thousand twelve-c or section three thousand twelve-d of this article, of 3 either effective or highly effective in at least one of the four preced- 4 ing years, exclusive of any breaks in service, and did not receive an 5 ineffective rating in the final year of his or her probationary period, 6 or during the most recent school year where a rating was received, and 7 would have been in the superintendent of schools' discretion qualified 8 for appointment on tenure based upon performance, notwithstanding that 9 his or her annual professional performance review had not been completed 10 and he or she had not received an annual professional performance rating 11 for the two thousand nineteen--two thousand twenty, two thousand twen- 12 ty--two thousand twenty-one or the two thousand twenty-one--two thousand 13 twenty-two school year; provided that, in the case of a classroom teach- 14 er or building principal appointed during the two thousand eighteen--two 15 thousand nineteen or two thousand nineteen--two thousand twenty school 16 year, who has not received composite annual professional performance 17 review ratings pursuant to section three thousand twelve-c or section 18 three thousand twelve-d of this article for three consecutive years, no 19 ratings shall be required for the superintendent of schools to recommend 20 for appointment on tenure such teacher or building principal if the 21 teacher or principal would have been, in the superintendent of schools' 22 discretion, qualified for appointment on tenure based upon performance, 23 notwithstanding that his or her annual professional performance review 24 had not been completed and he or she had not received an annual profes- 25 sional performance review rating for the two thousand nineteen--two 26 thousand twenty, two thousand twenty--two thousand twenty-one and two 27 thousand twenty-one--two thousand twenty-two school years; provided that 28 in the case of a classroom teacher or building principal appointed 29 during the two thousand twenty-one--two thousand twenty-two school year 30 who have received composite annual professional performance review 31 ratings pursuant to section three thousand twelve-c or section three 32 thousand twelve-d of this article of either effective or highly effec- 33 tive in at least two of the four preceding years, exclusive of any 34 breaks in service, and did not receive an ineffective rating in the 35 final year of his or her probationary period, or during the most recent 36 school year where a rating was received, and would have been in the 37 superintendent of schools' discretion qualified for appointment on 38 tenure based upon performance, notwithstanding that his or her annual 39 professional performance review had not been completed and he or she had 40 not received an annual professional performance rating for the two thou- 41 sand twenty--two thousand twenty-one or two thousand twenty-one--two 42 thousand twenty-two school year; provided further that, notwithstanding 43 any other provision of this section to the contrary, when a teacher or 44 principal receives an effective or highly effective rating in each year 45 of his or her probationary service except he or she receives an ineffec- 46 tive rating in the final year of his or her probationary period, such 47 teacher shall not be eligible for tenure but the board of education, in 48 its discretion, may extend the teacher's probationary period for an 49 additional year; provided, however, that if such teacher or principal 50 successfully appealed such ineffective rating, such teacher or principal 51 shall immediately be eligible for tenure if the rating resulting from 52 the appeal established that such individual has been effective or highly 53 effective in at least three of the preceding four years and was not 54 ineffective in the final year. At the expiration of the probationary 55 period, the classroom teacher or building principal shall remain in 56 probationary status until the end of the school year in which such
A. 7525 14 1 teacher or principal has received such ratings of effective or highly 2 effective for at least three of the four preceding school years, exclu- 3 sive of any breaks in service, and subject to the terms hereof, during 4 which time the trustees or board of education shall consider whether to 5 grant tenure for those classroom teachers or building principals who 6 otherwise have been found competent, efficient and satisfactory. 7 Provided, however, that the trustees or board of education may grant 8 tenure contingent upon a classroom teacher's or building principal's 9 receipt of a minimum rating in the final year of the probationary peri- 10 od, pursuant to the requirements of this section, and if such contingen- 11 cy is not met after all appeals have been exhausted, the grant of tenure 12 shall be void and unenforceable and the teacher's or principal's proba- 13 tionary period may be extended in accordance with this subdivision]. 14 Such persons who have been recommended for tenure and all others 15 employed in the teaching service of the schools of such school district 16 who have served the full probationary period as extended pursuant to 17 this subdivision shall hold their respective positions during good 18 behavior and efficient and competent service, and shall not be removable 19 except for cause after a hearing as provided by section three thousand 20 twenty-a [or section three thousand twenty-b] of this article. Failure 21 to maintain certification as required by this chapter and the regu- 22 lations of the commissioner shall constitute cause for removal. 23 3. Notwithstanding any other provision of this section no period in 24 any school year for which there is no required service and/or for which 25 no compensation is provided shall in any event constitute a break or 26 suspension of probationary period or continuity of tenure rights of any 27 of the persons hereinabove described. 28 § 6. Subdivisions 1, 11, and 17 of section 3012-d of the education 29 law, subdivisions 1 and 11 as added by section 2 of subpart E of part EE 30 of chapter 56 of the laws of 2015, and subdivision 17 as amended by 31 chapter 201 of the laws of 2022, are amended to read as follows: 32 1. General provisions. Notwithstanding any other provision of law, 33 rule or regulation to the contrary, the annual teacher and principal 34 evaluations (hereinafter, evaluations) implemented by districts shall be 35 conducted in accordance with the provisions of this section. Such annual 36 evaluations shall be a significant factor for employment decisions 37 including but not limited to, promotion, retention, tenure determi- 38 nation, termination, and supplemental compensation. Such evaluations 39 shall also be a significant factor in teacher and principal development 40 including but not limited to coaching, induction support, and differen- 41 tiated professional development; provided, however, that for the two 42 thousand twenty-three--two thousand twenty-four school year and there- 43 after school districts and boards of cooperative educational services 44 may conduct annual professional performance reviews pursuant to section 45 three thousand twelve-e of this article and in such case the provisions 46 of this section shall not be applicable. 47 11. [Notwithstanding any inconsistent provision of law, no school 48 district shall be eligible for an apportionment of general support for 49 public schools from the funds appropriated for the 2015--2016 school 50 year and any year thereafter in excess of the amount apportioned to such 51 school district in the respective base year unless such school district 52 has submitted documentation that has been approved by the commissioner 53 by November fifteenth, two thousand fifteen, or by September first of 54 each subsequent year, demonstrating that it has fully implemented the 55 standards and procedures for conducting annual teacher and principal 56 evaluations of teachers and principals in accordance with the require-
A. 7525 15 1 ments of this section and the regulations issued by the commissioner. 2 Provided further that any apportionment withheld pursuant to this 3 section shall not occur prior to April first of the current year and 4 shall not have any effect on the base year calculation for use in the 5 subsequent school year. For purposes of this section, "base year" shall 6 mean the base year as defined in paragraph b of subdivision one of 7 section thirty-six hundred two of this chapter, and "current year" shall 8 mean the current year as defined in paragraph a of subdivision one of 9 section thirty-six hundred two of this chapter] The superintendent of 10 each school district or board of cooperative educational services, as 11 applicable, shall certify by September first of each year that their 12 school district or board of cooperative educational services has annual 13 professional performance review plans for teachers and principals which 14 are in compliance with the requirements of this section or with those of 15 section three thousand twelve-e of this article and that the district or 16 board of cooperative educational services conducted evaluations in 17 accordance with those plans during the preceding school year. 18 17. Notwithstanding any other provision of this section, for the two 19 thousand twenty--two thousand twenty-one [and], the two thousand twen- 20 ty-one--two thousand twenty-two, and the two thousand twenty-two--two 21 thousand twenty-three school years, no school district or board of coop- 22 erative educational services shall be required to complete an annual 23 teacher and principal evaluation required by this section for any class- 24 room teacher or building principal [and state funding shall not be with- 25 held from any school district for not complying with the requirements of 26 this section]. 27 § 7. The education law is amended by adding a new section 3012-e to 28 read as follows: 29 § 3012-e. Optional system of annual professional performance review 30 plans. 1. Notwithstanding any other provision of law, rule, or regu- 31 lation to the contrary, for the annual professional performance reviews 32 related to the two thousand twenty-three--two thousand twenty-four 33 school year and thereafter any school district or board of cooperative 34 educational services may conduct the annual professional performance 35 review of teachers and building principals employed by such school 36 district or board of cooperative educational services in accordance with 37 the provisions of this section. Performance review plans developed 38 pursuant to this section shall be the result of reaching a collectively 39 bargained agreement negotiated and approved pursuant to article fourteen 40 of the civil service law where a recognized employee organization 41 exists. 42 2. Nothing herein shall require modification of an existing approved 43 annual professional performance review plan and all annual professional 44 performance plans approved pursuant to the provisions of section three 45 thousand twelve-d of this article shall not be affected by the 46 provisions herein unless a school district or board of cooperative 47 educational services notifies the state education department that a new 48 plan has been negotiated, adopted, and is consistent with the provisions 49 of this section. A plan may still be adopted pursuant to section three 50 thousand twelve-d of this article consistent with the provisions of such 51 section, and an existing plan adopted pursuant to such section may still 52 be modified. The most recently collectively bargained plan developed 53 pursuant to this section or approved pursuant to section three thousand 54 twelve-d of this article shall remain in effect until the district noti- 55 fies the state education department that a new plan has been negotiated 56 and adopted.
A. 7525 16 1 3. A district or board of cooperative educational services shall make 2 any plan adopted pursuant to this section available on the district or 3 board of cooperative educational services website; provided, however, 4 that a school district or board of cooperative educational services 5 shall not disclose or release to the public, or to any governmental 6 entity, the quality ratings or effectiveness scores for any teacher or 7 building principal resulting from the annual professional performance 8 reviews conducted pursuant to this section. Such prohibition shall apply 9 to both a final composite rating/score and any subcomponent rating/score 10 related thereto. Provided further, however, that annual professional 11 performance reviews of individual teachers and principals shall not be 12 subject to disclosure pursuant to article six of the public officers 13 law. 14 4. Annual professional performance review plans shall: (a) include the 15 criteria by which all building principals and teaching personnel shall 16 be reviewed and a description of the review procedures; (b) be consist- 17 ent with state teaching and educational leadership standards; and (c) 18 include, but not be limited to: (i) the number of observations; (ii) the 19 frequency of observations; and (iii) provisions for a follow-up meeting 20 to review the findings of the review. Nothing herein shall be construed 21 to require that all teachers or principals have the same number or 22 frequency of observations. The plans shall include four composite 23 ratings: one, two, three, and four. A level one rating shall designate 24 the lowest attainable rating and a level four rating shall designate the 25 highest attainable rating. Each plan shall also include teacher or 26 principal improvement plans which shall be developed by the district or 27 board of cooperative educational services, as applicable, for teachers 28 or principals with a composite rating of one or two. 29 5. The district, or board of cooperative educational services, as 30 applicable, shall ensure that all affected personnel are acquainted with 31 the annual professional performance review plan and shall ensure that 32 each teacher and building principal who is reviewed in accordance with 33 this section has the opportunity to provide written comment on their 34 performance review. 35 6. Nothing in this section shall be construed to affect the unfettered 36 statutory right of a district or board of cooperative educational 37 services, as applicable, to terminate a probationary (non-tenured) 38 teacher or principal for any statutorily and constitutionally 39 permissible reasons. 40 7. The superintendent of each school district or board of cooperative 41 educational services, as applicable, shall certify by September first of 42 each year that their school district or board of cooperative educational 43 services has annual professional performance review plans for teachers 44 and for principals which are in compliance with the requirements of this 45 section or with those of section three thousand twelve-d of this article 46 and that the district or board of cooperative educational services 47 conducted evaluations in accordance with such plans during the preceding 48 school year. 49 § 8. Section 3014 of the education law, as amended by section 5 of 50 subpart D of part EE of chapter 56 of the laws of 2015, paragraph (b) of 51 subdivision 1 and paragraph (b) of subdivision 2 as amended by chapter 52 201 of the laws of 2022, is amended to read as follows: 53 § 3014. Tenure: boards of cooperative educational services. 1. (a) 54 Administrative assistants, supervisors, teachers and all other members 55 of the teaching and supervising staff of the board of cooperative educa- 56 tional services appointed prior to July first, two thousand fifteen,
A. 7525 17 1 shall be appointed by a majority vote of the board of cooperative educa- 2 tional services upon the recommendation of the district superintendent 3 of schools for a probationary period of not to exceed three years; 4 provided, however, that in the case of a teacher who has been appointed 5 on tenure in a school district within the state, the board of cooper- 6 ative educational services where currently employed, or another board of 7 cooperative educational services, and who was not dismissed from such 8 district or board as a result of charges brought pursuant to subdivision 9 one of section three thousand twenty-a [or section three thousand twen- 10 ty-b] of this article, the probationary period shall not exceed two 11 years. Services of a person so appointed to any such positions may be 12 discontinued at any time during such probationary period, upon the 13 recommendation of the district superintendent, by a majority vote of the 14 board of cooperative educational services. 15 (b) Administrative assistants, supervisors, teachers and all other 16 members of the teaching and supervising staff of the board of cooper- 17 ative educational services appointed on or after July first, two thou- 18 sand fifteen, shall be appointed by a majority vote of the board of 19 cooperative educational services upon the recommendation of the district 20 superintendent of schools for a probationary period of not to exceed 21 four years; provided, however, that in the case of a teacher who has 22 been appointed on tenure in a school district within the state, the 23 board of cooperative educational services where currently employed, or 24 another board of cooperative educational services, and who was not 25 dismissed from such district or board as a result of charges brought 26 pursuant to section three thousand twenty-a [or section three thousand 27 twenty-b] of this article, the teacher shall be appointed for a proba- 28 tionary period of three years; [provided that, in the case of a class- 29 room teacher, the teacher demonstrates that he or she received a compos- 30 ite annual professional performance review rating pursuant to section 31 three thousand twelve-c or three thousand twelve-d of this article of 32 either effective or highly effective in his or her final year of service 33 in such other school district or board of cooperative educational 34 services;] and provided further that in the case of a principal, admin- 35 istrator, supervisor, or other member of the supervising staff who has 36 been appointed on tenure pursuant to this chapter as an administrator 37 within an authorized administrative tenure area in another school 38 district within the state, the school district where currently employed, 39 or a board of cooperative educational services, and who was not 40 dismissed from such district or board as a result of charges brought 41 pursuant to subdivision one of section three thousand twenty-a [or 42 section three thousand twenty-b] of this article, the principal, admin- 43 istrator, supervisor, or other member of the supervising staff shall be 44 appointed for a probationary period of three years. [Provided further, 45 however, that in the case of a classroom teacher who has been appointed 46 for a probationary period during the two thousand twenty--two thousand 47 twenty-one, the two thousand twenty-one--two thousand twenty-two or the 48 two thousand twenty-two--two thousand twenty-three school year and who 49 has been appointed on tenure in a school district within the state, 50 state school for the blind or deaf, the board of cooperative educational 51 services where currently employed, or another board of cooperative 52 educational services, and who was not dismissed from such district, 53 board or state school for the blind or deaf as a result of charges 54 brought pursuant to section three thousand twenty-a or section three 55 thousand twenty-b of this article, such teacher shall be appointed for a 56 probationary period of three years; provided that, in the case of a
A. 7525 18 1 classroom teacher, such teacher demonstrates that he or she received an 2 annual professional performance review rating pursuant to section three 3 thousand twelve-c or section three thousand twelve-d of this article of 4 either effective or highly effective in the two thousand seventeen--two 5 thousand eighteen or two thousand eighteen--two thousand nineteen school 6 year in such other school district, state school for the blind or deaf 7 or board of cooperative educational services.] Services of a person so 8 appointed to any such positions to which this paragraph applies may be 9 discontinued at any time during the probationary period, upon the recom- 10 mendation of the district superintendent, by a majority vote of the 11 board of cooperative educational services. 12 2. (a) On or before the expiration of the probationary term of a 13 person appointed for such term prior to July first, two thousand 14 fifteen, the district superintendent of schools shall make a written 15 report to the board of cooperative educational services recommending for 16 appointment on tenure persons who have been found competent, efficient 17 and satisfactory. Such persons shall hold their respective positions 18 during good behavior and competent and efficient service and shall not 19 be removed except for any of the following causes, after a hearing, as 20 provided by section three thousand twenty-a [or section three thousand 21 twenty-b] of this article: (i) Insubordination, immoral character or 22 conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or 23 neglect of duty; (iii) Failure to maintain certification as required by 24 this chapter and by the regulations of the commissioner. Each person who 25 is not to be so recommended for appointment on tenure shall be so noti- 26 fied in writing by the district superintendent not later than sixty days 27 immediately preceding the expiration of his or her probationary period. 28 (b) On or before the expiration of the probationary term of a person 29 appointed for such term on or after July first, two thousand fifteen, 30 the district superintendent of schools shall make a written report to 31 the board of cooperative educational services recommending for appoint- 32 ment on tenure persons who have been found competent, efficient and 33 satisfactory [and, in the case of a classroom teacher or building prin- 34 cipal, who have received composite annual professional performance 35 review ratings pursuant to section three thousand twelve-c or section 36 three thousand twelve-d of this article, of either effective or highly 37 effective in at least three of the four preceding years, exclusive of 38 any breaks in service; provided that, in the case of a classroom teacher 39 or building principal appointed during the two thousand seventeen--two 40 thousand eighteen or two thousand twenty--two thousand twenty-one school 41 year who have received composite annual professional performance review 42 ratings pursuant to section three thousand twelve-c or section three 43 thousand twelve-d of this article of either effective or highly effec- 44 tive in at least one of the four preceding years, exclusive of any 45 breaks in service, and did not receive an ineffective rating in the 46 final year of his or her probationary period or in the most recent 47 school year where a rating was received, and would have been in the 48 district superintendent of schools' discretion qualified for appointment 49 on tenure based upon performance, notwithstanding that his or her annual 50 professional performance review had not been completed and he or she had 51 not received an annual professional performance rating for the two thou- 52 sand nineteen--two thousand twenty, two thousand twenty--two thousand 53 twenty-one or the two thousand twenty-one--two thousand twenty-two 54 school year; provided that, in the case of a classroom teacher or build- 55 ing principal appointed during the two thousand eighteen--two thousand 56 nineteen or two thousand nineteen--two thousand twenty school year, who
A. 7525 19 1 has not received composite annual professional performance review 2 ratings pursuant to section three thousand twelve-c or section three 3 thousand twelve-d of this article for three consecutive years, no 4 ratings shall be required for the district superintendent of schools to 5 recommend for appointment on tenure such teacher or building principal 6 if the teacher or principal would have been, in the district superinten- 7 dent of schools' discretion, qualified for appointment on tenure based 8 upon performance, notwithstanding that his or her annual professional 9 performance review had not been completed and he or she had not received 10 an annual professional performance review rating for the two thousand 11 nineteen--two thousand twenty, two thousand twenty--two thousand twen- 12 ty-one and two thousand twenty-one--two thousand twenty-two school 13 years; provided that in the case of a classroom teacher or building 14 principal appointed during the two thousand twenty-one--two thousand 15 twenty-two school year who have received composite annual professional 16 performance review ratings pursuant to section three thousand twelve-c 17 or section three thousand twelve-d of this article of either effective 18 or highly effective in at least two of the four preceding years, exclu- 19 sive of any breaks in service, and did not receive an ineffective rating 20 in the final year of his or her probationary period, or during the most 21 recent school year where a rating was received, and would have been in 22 the district superintendent of schools' discretion qualified for 23 appointment on tenure based upon performance, notwithstanding that his 24 or her annual professional performance review had not been completed and 25 he or she had not received an annual professional performance rating for 26 the two thousand twenty--two thousand twenty-one or two thousand twen- 27 ty-one--two thousand twenty-two school year; provided further that, 28 notwithstanding any other provision of this section to the contrary, 29 when a teacher or principal receives an effective or highly effective 30 rating in each year of his or her probationary service except he or she 31 receives an ineffective rating in the final year of his or her proba- 32 tionary period, such teacher shall not be eligible for tenure but the 33 board of education in its discretion, may extend the teacher's proba- 34 tionary period for an additional year; provided, however that if such 35 teacher or principal successfully appealed such ineffective rating, such 36 teacher or principal shall immediately be eligible for tenure if the 37 rating resulting from the appeal established that such individual has 38 been effective or highly effective in at least three of the preceding 39 four years and was not ineffective in the final year. At the expiration 40 of the probationary period, the classroom teacher or building principal 41 shall remain in probationary status until the end of the school year in 42 which such teacher or principal has received such ratings of effective 43 or highly effective for at least three of the four preceding school 44 years, exclusive of any breaks in service, during which time a board of 45 cooperative educational services shall consider whether to grant tenure 46 for those classroom teachers or building principals who otherwise have 47 been found competent, efficient and satisfactory. Provided, however, 48 that the board of cooperative educational services may grant tenure 49 contingent upon a classroom teacher's or building principal's receipt of 50 a minimum rating in the final year of the probationary period, pursuant 51 to the requirements of this section, and if such contingency is not met 52 after all appeals have been exhausted, the grant of tenure shall be void 53 and unenforceable and the teacher's or principal's probationary period 54 may be extended in accordance with this subdivision]. Such persons shall 55 hold their respective positions during good behavior and competent and 56 efficient service and shall not be removed except for any of the follow-
A. 7525 20 1 ing causes, after a hearing, as provided by section three thousand twen- 2 ty-a [or section three thousand twenty-b] of this article: (i) Insubor- 3 dination, immoral character or conduct unbecoming a teacher; (ii) 4 Inefficiency, incompetency, or neglect of duty; (iii) Failure to main- 5 tain certification as required by this chapter and by the regulations of 6 the commissioner. Each person who is not to be so recommended for 7 appointment on tenure shall be so notified in writing by the district 8 superintendent not later than sixty days immediately preceding the expi- 9 ration of his or her probationary period. 10 § 9. Section 3020 of the education law, as amended by chapter 691 of 11 the laws of 1994, subdivision 1 as amended by chapter 103 of the laws of 12 2010, subdivision 3 and paragraph a of subdivision 4 as amended by 13 section 2 of subpart G of part EE of chapter 56 of the laws of 2015, and 14 subdivision 4 as added by section 1 of part J of chapter 93 of the laws 15 of 2002, is amended to read as follows: 16 § 3020. Discipline of teachers. 1. No person enjoying the benefits of 17 tenure shall be disciplined or removed during a term of employment 18 except for just cause and in accordance with the procedures specified in 19 section three thousand twenty-a of this article or in accordance with 20 alternate disciplinary procedures contained in a collective bargaining 21 agreement covering his or her terms and conditions of employment that 22 was effective on or before September first, nineteen hundred ninety-four 23 and has been unaltered by renegotiation, or in accordance with alterna- 24 tive disciplinary procedures contained in a collective bargaining agree- 25 ment covering his or her terms and conditions of employment that becomes 26 effective on or after September first, nineteen hundred ninety-four; 27 provided, however, that any such alternate disciplinary procedures 28 contained in a collective bargaining agreement that becomes effective on 29 or after September first, nineteen hundred ninety-four, must provide for 30 the written election by the employee of either the procedures specified 31 in such section [three thousand twenty-a] or the alternative discipli- 32 nary procedures contained in the collective bargaining agreement and 33 must result in a disposition of the disciplinary charge within the 34 amount of time allowed therefor under such section [three thousand twen- 35 ty-a; and provided further that any alternate disciplinary procedures 36 contained in a collective bargaining agreement that becomes effective on 37 or after July first, two thousand ten shall provide for an expedited 38 hearing process before a single hearing officer in accordance with 39 subparagraph (i-a) of paragraph c of subdivision three of section three 40 thousand twenty-a of this article in cases in which charges of incompe- 41 tence are brought based solely upon an allegation of a pattern of inef- 42 fective teaching or performance as defined in section three thousand 43 twelve-c of this article and shall provide that such a pattern of inef- 44 fective teaching or performance shall constitute very significant 45 evidence of incompetence which may form the basis for just cause 46 removal]. 47 2. No person enjoying the benefits of tenure shall be suspended for a 48 fixed time without pay or dismissed due to a violation of article thir- 49 teen-E of the public health law. 50 3. Notwithstanding any inconsistent provision of law, the procedures 51 set forth in section three thousand twenty-a of this article and subdi- 52 vision seven of section twenty-five hundred ninety-j of this chapter may 53 be modified or replaced by agreements negotiated between the city school 54 district of the city of New York and any employee organization repres- 55 enting employees or titles that are or were covered by any memorandum of 56 agreement executed by such city school district and the council of
A. 7525 21 1 supervisors and administrators of the city of New York on or after 2 December first, nineteen hundred ninety-nine. Where such procedures are 3 so modified or replaced: (i) compliance with such modification or 4 replacement procedures shall satisfy any provision in this chapter that 5 requires compliance with section three thousand twenty-a of this 6 article, (ii) any employee against whom charges have been preferred 7 prior to the effective date of such modification or replacement shall 8 continue to be subject to the provisions of such section as in effect on 9 the date such charges were preferred, (iii) the provisions of subdivi- 10 sions one and two of this section shall not apply to agreements negoti- 11 ated pursuant to this subdivision, and (iv) in accordance with paragraph 12 (e) of subdivision one of section two hundred nine-a of the civil 13 service law, such modification or replacement procedures contained in an 14 agreement negotiated pursuant to this subdivision shall continue as 15 terms of such agreement after its expiration until a new agreement is 16 negotiated[; provided that any alternate disciplinary procedures 17 contained in a collective bargaining agreement that becomes effective on 18 or after July first, two thousand ten shall provide for an expedited 19 hearing process before a single hearing officer in accordance with 20 subparagraph (i-a) of paragraph c of subdivision three of section three 21 thousand twenty-a of this article in cases in which charges of incompe- 22 tence are brought against a building principal based solely upon an 23 allegation of a pattern of ineffective teaching or performance as 24 defined in section three thousand twelve-c of this article and shall 25 provide that such a pattern of ineffective teaching or performance shall 26 constitute very significant evidence of incompetence which may form the 27 basis for just cause removal of the building principal and provided 28 further that any alternate disciplinary procedures contained in a 29 collective bargaining agreement that becomes effective on or after July 30 first, two thousand fifteen shall provide that all hearings pursuant to 31 sections three thousand twenty-a or three thousand twenty-b of this 32 article shall be conducted before a single hearing officer and that two 33 consecutive ineffective ratings pursuant to annual professional perform- 34 ance reviews conducted in accordance with the provisions of section 35 three thousand twelve-c or three thousand twelve-d of this article shall 36 constitute prima facie evidence of incompetence that can only be over- 37 come by clear and convincing evidence that the employee is not incompe- 38 tent in light of all surrounding circumstances, and if not successfully 39 overcome, the finding, absent extraordinary circumstances, shall be just 40 cause for removal, and that three consecutive ineffective ratings pursu- 41 ant to annual professional performance reviews conducted in accordance 42 with the provisions of section three thousand twelve-c or three thousand 43 twelve-d of this article shall constitute prima facie evidence of incom- 44 petence that can only be overcome by clear and convincing evidence that 45 the calculation of one or more of the principal's underlying components 46 on the annual professional performance reviews pursuant to section three 47 thousand twelve-c or three thousand twelve-d of this article was fraudu- 48 lent, and if not successfully overcome, the finding, absent extraor- 49 dinary circumstances, shall be just cause for removal. For purposes of 50 this subdivision, fraud shall include mistaken identity]. Notwithstand- 51 ing any inconsistent provision of law, the commissioner shall review any 52 appeals authorized by such modification or replacement procedures within 53 fifteen days from receipt by such commissioner of the record of prior 54 proceedings in the matter subject to appeal. Such review shall have 55 preference over all other appeals or proceedings pending before such 56 commissioner.
A. 7525 22 1 4. a. Notwithstanding any inconsistent provision of law, the proce- 2 dures set forth in section three thousand twenty-a of this article and 3 subdivision seven of section twenty-five hundred ninety-j of this chap- 4 ter may be modified by agreements negotiated between the city school 5 district of the city of New York and any employee organization repres- 6 enting employees or titles that are or were covered by any memorandum of 7 agreement executed by such city school district and the united feder- 8 ation of teachers on or after June tenth, two thousand two. Where such 9 procedures are so modified: (i) compliance with such modified procedures 10 shall satisfy any provision of this chapter that requires compliance 11 with section three thousand twenty-a of this article; (ii) any employee 12 against whom charges have been preferred prior to the effective date of 13 such modification shall continue to be subject to the provisions of such 14 section as in effect on the date such charges were preferred; (iii) the 15 provisions of subdivisions one and two of this section shall not apply 16 to agreements negotiated pursuant to this subdivision, except that no 17 person enjoying the benefits of tenure shall be disciplined or removed 18 during a term of employment except for just cause; and (iv) in accord- 19 ance with paragraph (e) of subdivision one of section two hundred nine-a 20 of the civil service law, such modified procedures contained in an 21 agreement negotiated pursuant to this subdivision shall continue as 22 terms of such agreement after its expiration until a new agreement is 23 negotiated[; and provided further that any alternate disciplinary proce- 24 dures contained in a collective bargaining agreement that becomes effec- 25 tive on or after July first, two thousand ten shall provide for an expe- 26 dited hearing process before a single hearing officer in accordance with 27 subparagraph (i-a) of paragraph c of subdivision three of section three 28 thousand twenty-a of this article in cases in which charges of incompe- 29 tence are brought based solely upon an allegation of a pattern of inef- 30 fective teaching or performance as defined in section three thousand 31 twelve-c of this article and shall provide that such a pattern of inef- 32 fective teaching or performance shall constitute very significant 33 evidence of incompetence which may form the basis for just cause 34 removal, and provided further that any alternate disciplinary procedures 35 contained in a collective bargaining agreement that becomes effective on 36 or after July first, two thousand fifteen shall provide that all hear- 37 ings pursuant to sections three thousand twenty-a or three thousand 38 twenty-b of this article shall be conducted before a single hearing 39 officer and that two consecutive ineffective ratings pursuant to annual 40 professional performance reviews conducted in accordance with the 41 provisions of section three thousand twelve-c or three thousand twelve-d 42 of this article shall constitute prima facie evidence of incompetence 43 that can only be overcome by clear and convincing evidence that the 44 employee is not incompetent in light of all surrounding circumstances, 45 and if not successfully overcome, the finding, absent extraordinary 46 circumstances, shall be just cause for removal, and that three consec- 47 utive ineffective ratings pursuant to annual professional performance 48 reviews conducted in accordance with the provisions of section three 49 thousand twelve-c or three thousand twelve-d of this article shall 50 constitute prima facie evidence of incompetence that can only be over- 51 come by clear and convincing evidence that the calculation of one or 52 more of the teacher's underlying components on the annual professional 53 performance reviews pursuant to section three thousand twelve-c or three 54 thousand twelve-d of this article was fraudulent, and if not successful- 55 ly overcome, the finding, absent extraordinary circumstances, shall be
A. 7525 23 1 just cause for removal. For purposes of this paragraph, fraud shall 2 include mistaken identity]. 3 b. Any modifications to the procedures set forth in section three 4 thousand twenty-a of this article and subdivision seven of section twen- 5 ty-five hundred ninety-j of this chapter shall not change the manner in 6 which the fees and expenses of such proceedings pursuant to the afore- 7 said sections are paid. 8 § 10. Section 3020-b of the education law is REPEALED. 9 § 11. This act shall take effect immediately.