STATE OF NEW YORK ________________________________________________________________________ 9849 IN ASSEMBLY April 12, 2024 ___________ 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 24 each of those years], or such teacher has rendered satisfactory service 25 as a seasonally licensed per session teacher of swimming in day schools 26 who has served in that capacity for a period of up to two years and has EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15037-04-4
A. 9849 2 1 been appointed to teach the same subject in day schools on an annual 2 salary, the teacher shall be appointed for a probationary period of a 3 minimum of two years, depending upon the length of the regular substi- 4 tute service that shall shorten the length of the probationary period; 5 provided, however, that in the case of a teacher who has been appointed 6 on tenure in another school district within the state, the school 7 district where currently employed, or a board of cooperative educational 8 services, and who was not dismissed from such district or board as a 9 result of charges brought pursuant to subdivision one of section three 10 thousand twenty-a [or section three thousand twenty-b] of this chapter, 11 the teacher shall be appointed for a probationary period of three 12 years[; provided that the teacher demonstrates that he or she received 13 an annual professional performance review rating pursuant to section 14 three thousand twelve-c or section three thousand twelve-d of this chap- 15 ter in his or her final year of service in such other school district or 16 board of cooperative educational services. Provided further, however, 17 that in the case of a teacher who has been appointed for a probationary 18 period during the two thousand twenty--two thousand twenty-one, the two 19 thousand twenty-one--two thousand twenty-two or the two thousand twen- 20 ty-two--two thousand twenty-three school year and who has been appointed 21 on tenure in another school district within the state, the school 22 district where currently employed, board of cooperative educational 23 services or state school for the blind or deaf and who was not dismissed 24 from such district, board or state school for the blind or deaf as a 25 result of charges brought pursuant to subdivision one of section three 26 thousand twenty-a or section three thousand twenty-b of this chapter, 27 such teacher shall be appointed for a probationary period of three 28 years; provided that, in the case of a classroom teacher, such teacher 29 demonstrates that he or she received an annual professional performance 30 review rating pursuant to section three thousand twelve-c or section 31 three thousand twelve-d of this chapter in the two thousand seventeen-- 32 two thousand eighteen or two thousand eighteen--two thousand nineteen 33 school year in such other school district, board of cooperative educa- 34 tional services or state school for the blind or deaf]. The service of a 35 person appointed to any of such positions may be discontinued at any 36 time during such probationary period, on the recommendation of the 37 superintendent of schools, by a majority vote of the board of education. 38 Each person who is not to be recommended for appointment on tenure shall 39 be so notified by the superintendent of schools in writing not later 40 than sixty days immediately preceding the expiration of [his/her] such 41 person's probationary period. 42 b. For persons appointed on or after July first, two thousand fifteen, 43 at the expiration of the probationary term of any persons appointed for 44 such term, or within six months prior thereto, the superintendent of 45 schools shall make a written report to the board of education recommend- 46 ing for appointment on tenure those persons who have been found compe- 47 tent, efficient and satisfactory [and in the case of a classroom teacher 48 or building principal, who have received annual professional performance 49 review ratings pursuant to section three thousand twelve-c or section 50 three thousand twelve-d of this chapter, of either effective or highly 51 effective in at least three of the four preceding years, exclusive of 52 any breaks in service; provided that, in the case of a classroom teacher 53 or building principal appointed during the two thousand seventeen--two 54 thousand eighteen or the two thousand twenty--two thousand twenty-one 55 school year, who have received composite annual professional performance 56 review ratings pursuant to section three thousand twelve-c or section
A. 9849 3 1 three thousand twelve-d of this chapter, of either effective or highly 2 effective in at least one of the four preceding years, exclusive of any 3 breaks in service, and did not receive an ineffective rating in the 4 final year of his or her probationary period, or during the most recent 5 school year where a rating was received, and would have been in the 6 superintendent of schools' discretion qualified for appointment on 7 tenure based upon performance, notwithstanding that his or her annual 8 professional performance review had not been completed and he or she had 9 not received an annual professional performance rating for the two thou- 10 sand nineteen--two thousand twenty, two thousand twenty--two thousand 11 twenty-one or the two thousand twenty-one--two thousand twenty-two 12 school year; provided that, in the case of a classroom teacher or build- 13 ing principal appointed during the two thousand eighteen--two thousand 14 nineteen or two thousand nineteen--two thousand twenty school year, who 15 has not received composite annual professional performance review 16 ratings pursuant to section three thousand twelve-c or section three 17 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 or highly effective rating in each year 44 of his or her probationary service except he or she receives an ineffec- 45 tive rating in the final year of his or her probationary period, such 46 teacher or principal shall not be eligible for tenure but the board of 47 education in its discretion, may extend the teacher's probationary peri- 48 od for an additional year; provided, however, that if such teacher or 49 principal successfully appealed such ineffective rating, such teacher or 50 principal shall immediately be eligible for tenure if the rating result- 51 ing from the appeal established that such individual has been effective 52 or highly effective in at least three of the preceding four years and 53 was not ineffective in the final year]. By a majority vote, the board of 54 education may then appoint on tenure any or all of the persons recom- 55 mended by the superintendent of schools. [At the expiration of the 56 probationary period, the classroom teacher or building principal shall
A. 9849 4 1 remain in probationary status until the end of the school year in which 2 such teacher or principal has received such ratings of effective or 3 highly effective for at least three of the four preceding school years 4 exclusive of any breaks in service and subject to the terms hereof, 5 during which time a board of education shall consider whether to grant 6 tenure for those classroom teachers or building principals who otherwise 7 have been found competent, efficient and satisfactory. Provided, howev- 8 er, that the board of education may grant tenure contingent upon a 9 classroom teacher's or building principal's receipt of a minimum rating 10 in the final year of the probationary period, pursuant to the require- 11 ments of this section, and if such contingency is not met after all 12 appeals have been exhausted, the grant of tenure shall be void and unen- 13 forceable and the teacher's or principal's probationary period may be 14 extended in accordance with this subdivision. Such persons who have been 15 recommended for tenure and all others employed in the teaching service 16 of the schools of such school district who have served the full proba- 17 tionary period as extended pursuant to this subdivision] Any person who 18 has acquired tenure shall, upon such person's effective tenure date, 19 hold their [respective positions] position during good behavior and 20 efficient and competent service, and shall not be removable except for 21 cause after a hearing as provided by section three thousand twenty and 22 section three thousand twenty-a [or section three thousand twenty-b] of 23 this chapter. Failure to maintain certification as required by this 24 chapter and the regulations of the commissioner shall constitute cause 25 for removal. 26 § 3. Subparagraphs i and ii of paragraph (a) of subdivision 1 of 27 section 2573 of the education law, subparagraph i as amended by section 28 3 of subpart D of part EE of chapter 56 of the laws of 2015, and subpar- 29 agraph ii as amended by chapter 201 of the laws of 2022, are amended to 30 read as follows: 31 i. Teachers and all other members of the teaching staff, appointed 32 prior to July first, two thousand fifteen and authorized by section 33 twenty-five hundred fifty-four of this article, shall be appointed by 34 the board of education, upon the recommendation of the superintendent of 35 schools, for a probationary period of three years, except that in the 36 case of a teacher who has rendered satisfactory service as a regular 37 substitute for a period of two years or as a seasonally licensed per 38 session teacher of swimming in day schools who has served in that capac- 39 ity for a period of two years and has been appointed to teach the same 40 subject in day schools on an annual salary, the probationary period 41 shall be limited to one year; provided, however, that in the case of a 42 teacher who has been appointed on tenure in another school district 43 within the state, the school district where currently employed, or a 44 board of cooperative educational services, and who was not dismissed 45 from such district or board as a result of charges brought pursuant to 46 subdivision one of section three thousand twenty-a [or section three 47 thousand twenty-b] of this chapter, the probationary period shall not 48 exceed two years; provided, however, that in cities with a population of 49 one million or more, a teacher appointed under a newly created license, 50 for teachers of reading and of the emotionally handicapped, to a posi- 51 tion which the teacher has held for at least two years prior to such 52 appointment while serving on tenure in another license area who was not 53 dismissed as a result of charges brought pursuant to subdivision one of 54 section three thousand twenty-a [or section three thousand twenty-b] of 55 this chapter, the probationary period shall be one year. The service of 56 a person appointed to any of such positions may be discontinued at any
A. 9849 5 1 time during such probationary period, on the recommendation of the 2 superintendent of schools, by a majority vote of the board of education. 3 Each person who is not to be recommended for appointment on tenure shall 4 be so notified by the superintendent of schools in writing not later 5 than sixty days immediately preceding the expiration of [his or her] 6 such person's probationary period. In city school districts having a 7 population of four hundred thousand or more, persons with licenses 8 obtained as a result of examinations announced subsequent to the twen- 9 ty-second day of May, nineteen hundred sixty-nine appointed upon condi- 10 tions that all announced requirements for the position be fulfilled 11 within a specified period of time, shall not acquire tenure unless and 12 until such requirements have been completed within the time specified 13 for the fulfillment of such requirements, notwithstanding the expiration 14 of any probationary period. In all other city school districts subject 15 to the provisions of this article, failure to maintain certification as 16 required by this article and by the regulations of the commissioner 17 shall be cause for removal within the meaning of subdivision five of 18 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. 9849 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 such person's probationary period. In all city school districts subject 23 to the 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. 9849 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. 9849 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]. Any person who has acquired tenure shall, upon 16 such person's effective tenure date, hold their [respective positions] 17 position during good behavior and efficient and competent service, and 18 shall not be removable except for cause after a hearing as provided by 19 section three thousand twenty and section three thousand twenty-a [or 20 section three thousand twenty-b] of this chapter. Failure to maintain 21 certification as required by this chapter and the regulations of the 22 commissioner shall constitute cause for removal. 23 6. (a) In a city having a population of four hundred thousand or more, 24 at the expiration of the probationary term of any persons appointed for 25 such term prior to July first, two thousand fifteen, the superintendent 26 of schools shall make a written report to the board of education recom- 27 mending for permanent appointment those persons who have been found 28 satisfactory, and such board of education shall immediately thereafter 29 issue to such persons permanent certificates of appointment. Such 30 persons and all others employed in the teaching service of the schools 31 of such city, who have served the full probationary period shall receive 32 permanent certificates to teach issued to them by the certificating 33 authority, except as otherwise provided in subdivision ten-a of this 34 section, and shall hold their respective positions during good behavior 35 and satisfactory teaching service, and shall not be removable except for 36 cause after a hearing as provided by section three thousand twenty-a [or 37 section three thousand twenty-b] of this chapter. 38 (b) At the expiration of the probationary term of any persons 39 appointed for such term on or after July first, two thousand fifteen, 40 the superintendent of schools shall make a written report to the board 41 of education recommending for permanent appointment those persons who 42 have been found competent, efficient and satisfactory [and, in the case 43 of a classroom teacher or building principal, who have received compos- 44 ite annual professional performance review ratings pursuant to section 45 three thousand twelve-c or section three thousand twelve-d of this chap- 46 ter, of either effective or highly effective in at least three of the 47 four preceding years, exclusive of any breaks in service; provided that, 48 in the case of a classroom teacher or building principal appointed 49 during the two thousand seventeen--two thousand eighteen or two thousand 50 twenty--two thousand twenty-one school year, who have received composite 51 annual professional performance review ratings pursuant to section three 52 thousand twelve-c or section three thousand twelve-d of this chapter of 53 either effective or highly effective in at least one of the four preced- 54 ing years, exclusive of any breaks in service, and did not receive an 55 ineffective rating in the final year of his or her probationary period 56 or during the most recent school year where a rating was received, and
A. 9849 9 1 would have been in the superintendent of schools' discretion qualified 2 for appointment on tenure based upon performance, notwithstanding that 3 his or her annual professional performance review had not been completed 4 and he or she had not received an annual professional performance rating 5 for the two thousand nineteen--two thousand twenty, two thousand twen- 6 ty--two thousand twenty-one or the two thousand twenty-one--two thousand 7 twenty-two school year; provided that, in the case of a classroom teach- 8 er or building principal appointed during the two thousand eighteen--two 9 thousand nineteen or two thousand nineteen--two thousand twenty school 10 year, who has not received composite annual professional performance 11 review ratings pursuant to section three thousand twelve-c or section 12 three thousand twelve-d of this chapter for three consecutive years, no 13 ratings shall be required for the superintendent of schools to recommend 14 for appointment on tenure such teacher or building principal if the 15 teacher or principal would have been, in the superintendent of schools' 16 discretion, qualified for appointment on tenure based upon performance, 17 notwithstanding that his or her annual professional performance review 18 had not been completed and he or she had not received a composite annual 19 professional performance review rating for the two thousand nineteen-- 20 two thousand twenty, two thousand twenty--two thousand twenty-one and 21 two thousand twenty-one--two thousand twenty-two school years; provided 22 that in the case of a classroom teacher or building principal appointed 23 during the two thousand twenty-one--two thousand twenty-two school year 24 who have received composite annual professional performance review 25 ratings pursuant to section three thousand twelve-c or section three 26 thousand twelve-d of this chapter of either effective or highly effec- 27 tive in at least two of the four preceding years, exclusive of any 28 breaks in service, and did not receive an ineffective rating in the 29 final year of his or her probationary period or during the most recent 30 school year where a rating was received, and would have been in the 31 superintendent of schools' discretion qualified for appointment on 32 tenure based upon performance, notwithstanding that his or her annual 33 professional performance review had not been completed and he or she had 34 not received an annual professional performance rating for the two thou- 35 sand twenty--two thousand twenty-one or two thousand twenty-one--two 36 thousand twenty-two school year; provided further that, notwithstanding 37 any other provision of this section to the contrary, when a teacher 38 receives an effective and/or highly effective rating in each year of his 39 or her probationary service except he or she receives an ineffective 40 rating in the final year of his or her probationary period, such teacher 41 or principal shall not be eligible for tenure but the board of education 42 in its discretion, may extend the teacher's probationary period for an 43 additional year; provided, however, that if such teacher or principal 44 successfully appealed such ineffective rating, such teacher or principal 45 shall immediately be eligible for tenure if the rating resulting from 46 the appeal established that such individual has been effective or highly 47 effective in at least three of the preceding four years and was not 48 ineffective in the final year. At the expiration of the probationary 49 period, the classroom teacher or building principal shall remain in 50 probationary status until the end of the school year in which such 51 teacher or principal has received such ratings of effective or highly 52 effective for at least three of the four preceding school years, exclu- 53 sive of any breaks in service and subject to the terms hereof, during 54 which time a board of education shall consider whether to grant tenure 55 for those classroom teachers or building principals who otherwise have 56 been found competent, efficient and satisfactory. Provided, however,
A. 9849 10 1 that the board of education may grant tenure contingent upon a classroom 2 teacher's or building principal's receipt of a minimum rating in the 3 final year of the probationary period, pursuant to the requirements of 4 this section, and if such contingency is not met after all appeals have 5 been exhausted, the grant of tenure shall be void and unenforceable and 6 the teacher's or principal's probationary period may be extended in 7 accordance with this subdivision. Such persons who have been recommended 8 for tenure and all others employed in the teaching service of the 9 schools of such school district who have served the full probationary 10 period as extended pursuant to this subdivision]. Any person who has 11 acquired tenure shall, upon such person's effective tenure date, hold 12 their [respective positions] position during good behavior and efficient 13 and competent service, and shall not be removable except for cause after 14 a hearing as provided by section three thousand twenty and section three 15 thousand twenty-a [or section three thousand twenty-b] of this chapter. 16 Failure to maintain certification as required by this chapter and the 17 regulations of the commissioner shall constitute cause for removal. 18 § 5. Section 3012 of the education law, as amended by section 4 of 19 subpart D of part EE of chapter 56 of the laws of 2015, subparagraph ii 20 of paragraph (a) of subdivision 1 and paragraph (b) of subdivision 2 as 21 amended by chapter 201 of the laws of 2022, and subparagraph ii of para- 22 graph (b) of subdivision 1 as amended by chapter 345 of the laws of 23 2019, is amended to read as follows: 24 § 3012. Tenure: certain school districts. 1. (a) i. Teachers and all 25 other members of the teaching staff of school districts, including 26 common school districts and/or school districts employing fewer than 27 eight teachers, other than city school districts, who are appointed 28 prior to July first, two thousand fifteen, shall be appointed by the 29 board of education, or the trustees of common school districts, upon the 30 recommendation of the superintendent of schools, for a probationary 31 period of three years, except that in the case of a teacher who has 32 rendered satisfactory service as a regular substitute for a period of 33 two years or as a seasonally licensed per session teacher of swimming in 34 day schools who has served in that capacity for a period of two years 35 and has been appointed to teach the same subject in day schools, on an 36 annual salary, the probationary period shall be limited to one year; 37 provided, however, that in the case of a teacher who has been appointed 38 on tenure in another school district within the state, the school 39 district where currently employed, or a board of cooperative educational 40 services, and who was not dismissed from such district or board as a 41 result of charges brought pursuant to subdivision one of section three 42 thousand twenty-a [or section three thousand twenty-b] of this article, 43 the probationary period shall not exceed two years. The service of a 44 person appointed to any of such positions may be discontinued at any 45 time during such probationary period, on the recommendation of the 46 superintendent of schools, by a majority vote of the board of education 47 or the trustees of a common school district. 48 ii. Teachers and all other members of the teaching staff of school 49 districts, including common school districts and/or school districts 50 employing fewer than eight teachers, other than city school districts, 51 who are appointed on or after July first, two thousand fifteen, shall be 52 appointed by the board of education, or the trustees of common school 53 districts, upon the recommendation of the superintendent of schools, for 54 a probationary period of four years, except that in the case of a teach- 55 er who has rendered satisfactory service as a regular substitute for a 56 period of up to two years [and, if a classroom teacher, has received
A. 9849 11 1 annual professional performance review ratings in each of those years,] 2 or such teacher has rendered satisfactory service as a seasonally 3 licensed per session teacher of swimming in day schools who has served 4 in that capacity for a period of up to two years and has been appointed 5 to teach the same subject in day schools, on an annual salary, the 6 teacher shall be appointed for a probationary period of a minimum of two 7 years, depending upon the length of the regular substitute service that 8 shall shorten the length of the probationary period; provided, however, 9 that in the case of a teacher who has been appointed on tenure in anoth- 10 er school district within the state, the school district where currently 11 employed, or a board of cooperative educational services, and who was 12 not dismissed from such district or board as a result of charges brought 13 pursuant to subdivision one of section three thousand twenty-a [or 14 section three thousand twenty-b] of this article, the teacher shall be 15 appointed for a probationary period of three years[; provided that, in 16 the case of a classroom teacher, the teacher demonstrates that he or she 17 received an annual professional performance review rating pursuant to 18 section three thousand twelve-c or section three thousand twelve-d of 19 this chapter in his or her final year of service in such other school 20 district or board of cooperative educational services. Provided further, 21 however, that in the case of a teacher who has been appointed for a 22 probationary period during the two thousand twenty--two thousand twen- 23 ty-one, the two thousand twenty one--two thousand twenty-two or the two 24 thousand twenty-two--two thousand twenty-three school year and who has 25 been appointed on tenure in another school district within the state, 26 the school district where currently employed, board of cooperative 27 educational services or state school for the blind or deaf and who was 28 not dismissed from such district, board or state school for the blind or 29 deaf as a result of charges brought pursuant to subdivision one of 30 section three thousand twenty-a or section three thousand twenty-b of 31 this article, such teacher shall be appointed for a probationary period 32 of three years; provided that, in the case of a classroom teacher, such 33 teacher demonstrates that he or she received an annual professional 34 performance review rating pursuant to section three thousand twelve-c or 35 section three thousand twelve-d of this article in the two thousand 36 seventeen--two thousand eighteen or two thousand eighteen--two thousand 37 nineteen school year in such other school district, board of cooperative 38 educational services or state school for the blind or deaf]. The service 39 of a person appointed to any of such positions may be discontinued at 40 any time during such probationary period, on the recommendation of the 41 superintendent of schools, by a majority vote of the board of education 42 or the trustees of a common school district. 43 (b) i. Principals, administrators, supervisors and all other members 44 of the supervising staff of school districts, including common school 45 districts and/or school districts employing fewer than eight teachers, 46 other than city school districts, who are appointed prior to July first, 47 two thousand fifteen, shall be appointed by the board of education, or 48 the trustees of a common school district, upon the recommendation of the 49 superintendent of schools for a probationary period of three years. The 50 service of a person appointed to any of such positions may be discontin- 51 ued at any time during the probationary period on the recommendation of 52 the superintendent of schools, by a majority vote of the board of educa- 53 tion or the trustees of a common school district. 54 ii. Principals, administrators, supervisors and all other members of 55 the supervising staff of school districts, including common school 56 districts and/or school districts employing fewer than eight teachers,
A. 9849 12 1 other than city school districts, who are appointed on or after July 2 first, two thousand fifteen, shall be appointed by the board of educa- 3 tion, or the trustees of a common school district, upon the recommenda- 4 tion of the superintendent of schools for a probationary period of four 5 years; provided, however, that in the case of a principal, administra- 6 tor, supervisor, or other member of the supervising staff who has been 7 appointed on tenure pursuant to this chapter as an administrator within 8 an authorized administrative tenure area in another school district 9 within the state, the school district where currently employed, or a 10 board of cooperative educational services, and who was not dismissed 11 from such district or board as a result of charges brought pursuant to 12 subdivision one of section three thousand twenty-a [or section three 13 thousand twenty-b] of this article, the principal, administrator, super- 14 visor or other member of the supervising staff shall be appointed for a 15 probationary period of three years. The service of a person appointed to 16 any of such positions may be discontinued at any time during the proba- 17 tionary period on the recommendation of the superintendent of schools, 18 by a majority vote of the board of education or the trustees of a common 19 school district. 20 (c) Any person previously appointed to tenure or a probationary period 21 pursuant to the provisions of former section three thousand thirteen of 22 this article shall continue to hold such position and be governed by the 23 provisions of this section notwithstanding any contrary provision of 24 law. 25 2. (a) At the expiration of the probationary term of a person 26 appointed for such term prior to July first, two thousand fifteen, 27 subject to the conditions of this section, the superintendent of schools 28 shall make a written report to the board of education or the trustees of 29 a common school district recommending for appointment on tenure those 30 persons who have been found competent, efficient and satisfactory. Such 31 persons, and all others employed in the teaching service of the schools 32 of such union free school district, common school district and/or school 33 district employing fewer than eight teachers, who have served the proba- 34 tionary period as provided in this section, shall hold their respective 35 positions during good behavior and efficient and competent service, and 36 shall not be removed except for any of the following causes, after a 37 hearing, as provided by section three thousand twenty-a [or section 38 three thousand twenty-b] of this article: [(a)] (i) insubordination, 39 immoral character or conduct unbecoming a teacher; [(b)] (ii) ineffi- 40 ciency, incompetency, physical or mental disability, or neglect of duty; 41 [(c)] (iii) failure to maintain certification as required by this chap- 42 ter and by the regulations of the commissioner. Each person who is not 43 to be recommended for appointment on tenure, shall be so notified by the 44 superintendent of schools in writing not later than sixty days imme- 45 diately preceding the expiration of [his] such person's probationary 46 period. 47 (b) At the expiration of the probationary term of a person appointed 48 for such term on or after July first, two thousand fifteen, subject to 49 the conditions of this section, the superintendent of schools shall make 50 a written report to the board of education or the trustees of a common 51 school district recommending for appointment on tenure those persons who 52 have been found competent, efficient and satisfactory [and, in the case 53 of a classroom teacher or building principal, who have received compos- 54 ite annual professional performance review ratings pursuant to section 55 three thousand twelve-c or section three thousand twelve-d of this arti- 56 cle, of either effective or highly effective in at least three of the
A. 9849 13 1 four preceding years, exclusive of any breaks in service; provided that 2 in the case of a classroom teacher or building principal appointed 3 during the two thousand seventeen--two thousand eighteen or two thousand 4 twenty--two thousand twenty-one school year, who have received composite 5 annual professional performance review ratings pursuant to section three 6 thousand twelve-c or section three thousand twelve-d of this article, of 7 either effective or highly effective in at least one of the four preced- 8 ing years, exclusive of any breaks in service, and did not receive an 9 ineffective rating in the final year of his or her probationary period, 10 or during the most recent school year where a rating was received, and 11 would have been in the superintendent of schools' discretion qualified 12 for appointment on tenure based upon performance, notwithstanding that 13 his or her annual professional performance review had not been completed 14 and he or she had not received an annual professional performance rating 15 for the two thousand nineteen--two thousand twenty, two thousand twen- 16 ty--two thousand twenty-one or the two thousand twenty-one--two thousand 17 twenty-two school year; provided that, in the case of a classroom teach- 18 er or building principal appointed during the two thousand eighteen--two 19 thousand nineteen or two thousand nineteen--two thousand twenty school 20 year, who has not received composite annual professional performance 21 review ratings pursuant to section three thousand twelve-c or section 22 three thousand twelve-d of this article for three consecutive years, no 23 ratings shall be required for the superintendent of schools to recommend 24 for appointment on tenure such teacher or building principal if the 25 teacher or principal would have been, in the superintendent of schools' 26 discretion, qualified for appointment on tenure based upon performance, 27 notwithstanding that his or her annual professional performance review 28 had not been completed and he or she had not received an annual profes- 29 sional performance review rating for the two thousand nineteen--two 30 thousand twenty, two thousand twenty--two thousand twenty-one and two 31 thousand twenty-one--two thousand twenty-two school years; provided that 32 in the case of a classroom teacher or building principal appointed 33 during the two thousand twenty-one--two thousand twenty-two school year 34 who have received composite annual professional performance review 35 ratings pursuant to section three thousand twelve-c or section three 36 thousand twelve-d of this article of either effective or highly effec- 37 tive in at least two of the four preceding years, exclusive of any 38 breaks in service, and did not receive an ineffective rating in the 39 final year of his or her probationary period, or during the most recent 40 school year where a rating was received, and would have been in the 41 superintendent of schools' discretion qualified for appointment on 42 tenure based upon performance, notwithstanding that his or her annual 43 professional performance review had not been completed and he or she had 44 not received an annual professional performance rating for the two thou- 45 sand twenty--two thousand twenty-one or two thousand twenty-one--two 46 thousand twenty-two school year; provided further that, notwithstanding 47 any other provision of this section to the contrary, when a teacher or 48 principal receives an effective or highly effective rating in each year 49 of his or her probationary service except he or she receives an ineffec- 50 tive rating in the final year of his or her probationary period, such 51 teacher shall not be eligible for tenure but the board of education, in 52 its discretion, may extend the teacher's probationary period for an 53 additional year; provided, however, that if such teacher or principal 54 successfully appealed such ineffective rating, such teacher or principal 55 shall immediately be eligible for tenure if the rating resulting from 56 the appeal established that such individual has been effective or highly
A. 9849 14 1 effective in at least three of the preceding four years and was not 2 ineffective in the final year. At the expiration of the probationary 3 period, the classroom teacher or building principal shall remain in 4 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 the trustees or board of education shall consider whether to 9 grant tenure for those classroom teachers or building principals who 10 otherwise have been found competent, efficient and satisfactory. 11 Provided, however, that the trustees or board of education may grant 12 tenure contingent upon a classroom teacher's or building principal's 13 receipt of a minimum rating in the final year of the probationary peri- 14 od, pursuant to the requirements of this section, and if such contingen- 15 cy is not met after all appeals have been exhausted, the grant of tenure 16 shall be void and unenforceable and the teacher's or principal's proba- 17 tionary period may be extended in accordance with this subdivision. Such 18 persons who have been recommended for tenure and all others employed in 19 the teaching service of the schools of such school district who have 20 served the full probationary period as extended pursuant to this subdi- 21 vision]. Any person who has acquired tenure shall, upon such person's 22 effective tenure date, hold their [respective positions] position during 23 good behavior and efficient and competent service, and shall not be 24 removable except for cause after a hearing as provided by section three 25 thousand twenty and section three thousand twenty-a [or section three 26 thousand twenty-b] of this article. Failure to maintain certification as 27 required by this chapter and the regulations of the commissioner shall 28 constitute cause for removal. 29 3. Notwithstanding any other provision of this section no period in 30 any school year for which there is no required service and/or for which 31 no compensation is provided shall in any event constitute a break or 32 suspension of probationary period or continuity of tenure rights of any 33 of the persons hereinabove described. 34 § 6. Subdivisions 1, 11, and 17 of section 3012-d of the education 35 law, subdivisions 1 and 11 as added by section 2 of subpart E of part EE 36 of chapter 56 of the laws of 2015, and subdivision 17 as amended by 37 chapter 201 of the laws of 2022, are amended to read as follows: 38 1. General provisions. Notwithstanding any other provision of law, 39 rule or regulation to the contrary, the annual teacher and principal 40 evaluations (hereinafter, evaluations) implemented by districts shall be 41 conducted in accordance with the provisions of this section. Such annual 42 evaluations shall be a significant factor for employment decisions 43 including but not limited to, promotion, retention, tenure determi- 44 nation, termination, and supplemental compensation. Such evaluations 45 shall also be a significant factor in teacher and principal development 46 including but not limited to coaching, induction support, and differen- 47 tiated professional development. Provided, however, that for the two 48 thousand twenty-four--two thousand twenty-five school year and thereaft- 49 er, school districts and boards of cooperative educational services may 50 conduct annual professional performance reviews pursuant to section 51 three thousand twelve-e of this article. In such case, the provisions of 52 this section shall not be applicable. Provided, however, annual teacher 53 and principal evaluation plans adopted pursuant to this section shall 54 not be applicable after the two thousand thirty-one--two thousand thir- 55 ty-two school year.
A. 9849 15 1 11. [Notwithstanding any inconsistent provision of law, no school 2 district shall be eligible for an apportionment of general support for 3 public schools from the funds appropriated for the 2015--2016 school 4 year and any year thereafter in excess of the amount apportioned to such 5 school district in the respective base year unless such school district 6 has submitted documentation that has been approved by the commissioner 7 by November fifteenth, two thousand fifteen, or by September first of 8 each subsequent year, demonstrating that it has fully implemented the 9 standards and procedures for conducting annual teacher and principal 10 evaluations of teachers and principals in accordance with the require- 11 ments of this section and the regulations issued by the commissioner. 12 Provided further that any apportionment withheld pursuant to this 13 section shall not occur prior to April first of the current year and 14 shall not have any effect on the base year calculation for use in the 15 subsequent school year. For purposes of this section, "base year" shall 16 mean the base year as defined in paragraph b of subdivision one of 17 section thirty-six hundred two of this chapter, and "current year" shall 18 mean the current year as defined in paragraph a of subdivision one of 19 section thirty-six hundred two of this chapter] Each school district or 20 board of cooperative educational services, as applicable, shall certify 21 by September first of each year that their school district or board of 22 cooperative educational services has a teacher and principal evaluation 23 plan that is in compliance with the requirements of this section or a 24 performance review plan that is in compliance with the requirements of 25 section three thousand twelve-e of this article, as applicable, and that 26 the district or board of cooperative educational services conducted 27 evaluations in accordance with their most recently approved plan during 28 the preceding school year. Provided, however, that a school district or 29 board of cooperative educational services may only have an approved 30 teacher and principal evaluation plan pursuant to this section until 31 June thirtieth, two thousand thirty-two. 32 17. Notwithstanding any other provision of this section, for the two 33 thousand twenty--two thousand twenty-one and the two thousand twenty- 34 one--two thousand twenty-two school years, no school district or board 35 of cooperative educational services shall be required to complete an 36 annual teacher and principal evaluation required by this section for any 37 classroom teacher or building principal [and state funding shall not be 38 withheld from any school district for not complying with the require- 39 ments of this section]. 40 § 7. The education law is amended by adding a new section 3012-e to 41 read as follows: 42 § 3012-e. Teacher and principal performance review plans. 1. Notwith- 43 standing any other provision of law, rule, or regulation to the contra- 44 ry, for the annual professional performance reviews related to the two 45 thousand twenty-four--two thousand twenty-five school year and thereaft- 46 er, a school district or board of cooperative educational services shall 47 conduct performance reviews of classroom teachers and building princi- 48 pals in accordance with the provisions of this section or section three 49 thousand twelve-d of this article, as applicable. Provided that all 50 school districts and boards of cooperative educational services shall 51 adopt a performance review plan pursuant to this section no later than 52 June thirtieth, two thousand thirty-two and such plan shall be used to 53 complete performance reviews of classroom teachers and building princi- 54 pals no later than the two thousand thirty-two--two thousand thirty- 55 three school year. Performance review plans developed pursuant to this 56 section shall be the result of reaching a collectively bargained agree-
A. 9849 16 1 ment negotiated pursuant to article fourteen of the civil service law 2 where a recognized employee organization exists. 3 2. Nothing herein shall require modification of an existing teacher 4 and principal evaluation plan approved by the commissioner pursuant to 5 section three thousand twelve-d of this article and all teacher and 6 principal evaluation plans approved by the commissioner pursuant to the 7 provisions of section three thousand twelve-d of this article shall not 8 be affected by the provisions of this section on or before June thirti- 9 eth, two thousand thirty-two; provided, however, that when a school 10 district or board of cooperative educational services adopts a perform- 11 ance review plan pursuant to this section, the school district or board 12 of cooperative educational services shall notify the department and 13 submit the new plan to the department for review on a form and in a 14 manner prescribed by the commissioner. Provided further that, prior to 15 June thirtieth, two thousand thirty-two, a teacher and principal evalu- 16 ation plan may still be adopted or modified pursuant to section three 17 thousand twelve-d of this article consistent with the provisions of such 18 section. 19 3. The performance reviews conducted pursuant to this section shall be 20 a significant factor in teacher and principal development, including but 21 not limited to coaching, induction support, and differentiated profes- 22 sional development for all teachers and principals. 23 4. (a) A school board or board of cooperative educational services 24 shall make its most recently adopted and reviewed plan pursuant to this 25 section available on the school district or board of cooperative educa- 26 tional services' website. 27 (b) On an annual basis, each school district and board of cooperative 28 educational services shall submit to the commissioner the ratings for 29 each classroom teacher and building principal on each applicable teach- 30 ing or leadership standard, as well as the overall rating for each 31 teacher and principal, where available, on a form and in a manner 32 prescribed by the commissioner. Such data shall be collected and used to 33 the extent necessary to comply with any applicable state and federal 34 statutory requirements. 35 (c) The commissioner and each school district and board of cooperative 36 educational services shall ensure that any release to the public of data 37 collected pursuant to this section, or any other data that is used as a 38 component of performance reviews, does not include personally identify- 39 ing information for any classroom teacher or building principal; 40 provided, however, that each school district or board of cooperative 41 educational services shall fully disclose and release to the parents or 42 legal guardians of a student the most recent performance review rating 43 received for each of the teachers and for the principal of the school 44 building to which the student is assigned for the current school year 45 consistent with paragraph b of subdivision ten of section three thousand 46 twelve-c of this article. 47 (d) Performance reviews of individual classroom teachers and building 48 principals shall not be subject to disclosure pursuant to article six of 49 the public officers law. 50 5. (a) Performance review plans developed pursuant to this section 51 shall: 52 (i) include the criteria by which all classroom teachers and building 53 principals shall be reviewed and a description of the review procedures; 54 (ii) address each state teaching and educational leadership standard, 55 as developed or adopted by the commissioner;
A. 9849 17 1 (iii) consist of multiple measures; provided, however, that one meas- 2 ure shall be classroom observations of classroom teachers and school 3 visits of building principals. The plan shall describe the number and 4 frequency of observations; provided that nothing herein shall be 5 construed to require that all classroom teachers or building principals 6 have the same number or frequency of observations. 7 (iv) provide the classroom teacher or building principal with timely, 8 actionable feedback on their practice based on the information collected 9 as part of the performance review; 10 (v) assign ratings on each applicable teaching or educational leader- 11 ship standard and an overall rating of Level 4, Level 3, Level 2, or 12 Level 1 consistent with the following requirements: 13 (1) Level 1 shall indicate performance significantly below a school 14 district's or board of cooperative educational services' expectations 15 aligned to teaching or educational leadership standards; 16 (2) Level 2 shall indicate performance that partially meets a school 17 district's or board of cooperative educational services' expectations 18 aligned to teaching or educational leadership standards; 19 (3) Level 3 shall indicate performance that meets a school district's 20 or board of cooperative educational services' expectations aligned to 21 teaching or educational leadership standards; and 22 (4) Level 4 shall indicate performance that exceeds a school 23 district's or board of cooperative educational services' expectations 24 aligned to teaching or educational leadership standards; 25 (vi) ensure that it is possible for a classroom teacher or building 26 principal to obtain each rating on each teaching or educational leader- 27 ship standard and as an overall rating. The process by which ratings are 28 assigned shall be transparent and available to those being rated prior 29 to the start of the school year, to the extent practicable; and 30 (vii) include a process for each classroom teacher and building prin- 31 cipal to receive formal support for professional growth each year, 32 provided that teachers and principals who receive an overall rating of 33 Level 1 or 2 shall have a personalized professional development plan, 34 developed by the school district or board of cooperative educational 35 services, consistent with a locally determined growth goal setting proc- 36 ess. 37 (b) One measure may be used to address more than one teaching or 38 educational leadership standard provided that the performance review 39 includes multiple measures. 40 (c) Performance reviews conducted pursuant to this section may assess 41 a subset of the teaching and educational leadership standards in a given 42 year; provided, however, that probationary classroom teachers and build- 43 ing principals shall be rated on each teaching or educational leadership 44 standard annually. 45 (d) Nothing in this section shall be construed to require all class- 46 room teachers or building principals to be evaluated based on the same 47 measures or to receive an overall rating annually; provided, however, 48 that at a minimum, probationary teachers and principals shall receive a 49 rating on each teaching or educational leadership standard and an over- 50 all rating annually, while other teachers and principals may have a 51 differentiated performance review process that does not culminate in an 52 overall rating annually. Provided, further, that nothing herein shall be 53 construed to prohibit or prevent any other teachers and principals from 54 receiving an overall rating annually. 55 6. The school district or board of cooperative educational services, 56 as applicable, shall ensure that all classroom teachers and building
A. 9849 18 1 principals as well as any individual who conducts all or part of a 2 performance review receive appropriate training consistent with the 3 regulations of the commissioner and shall ensure that each teacher and 4 principal who is reviewed in accordance with this section has the oppor- 5 tunity to provide written comment on their performance review in addi- 6 tion to any collectively bargained teacher and principal performance 7 review grievance or appeal procedures. 8 7. Nothing in this section shall be construed to affect the unfettered 9 statutory right of a school district or board of cooperative educational 10 services, as applicable, to terminate a probationary classroom teacher 11 or principal for any statutorily and constitutionally permissible 12 reasons. 13 8. Performance review plans developed pursuant to this section shall 14 be submitted to the commissioner on a form and in a manner prescribed by 15 the commissioner. The commissioner shall review such plan to determine 16 compliance with the requirements of this section. If the commissioner 17 determines that the submitted plan is not in compliance with this 18 section, the plan shall be returned to the school district or board of 19 cooperative educational services for revision. Such revisions shall be 20 resolved through collective bargaining, to the extent required under 21 article fourteen of the civil service law. The plan most recently 22 accepted by the commissioner pursuant to this section shall remain in 23 effect until a subsequent plan is agreed to by the parties and reviewed 24 by the commissioner to determine compliance with the requirements of 25 this section. Each school district and board of cooperative educational 26 services shall certify annually to the commissioner that they have fully 27 implemented the plan most recently accepted by the commissioner. 28 § 8. Section 3014 of the education law, as amended by section 5 of 29 subpart D of part EE of chapter 56 of the laws of 2015, paragraph (b) of 30 subdivision 1 and paragraph (b) of subdivision 2 as amended by chapter 31 201 of the laws of 2022, is amended to read as follows: 32 § 3014. Tenure: boards of cooperative educational services. 1. (a) 33 Administrative assistants, supervisors, teachers and all other members 34 of the teaching and supervising staff of the board of cooperative educa- 35 tional services appointed prior to July first, two thousand fifteen, 36 shall be appointed by a majority vote of the board of cooperative educa- 37 tional services upon the recommendation of the district superintendent 38 of schools for a probationary period of not to exceed three years; 39 provided, however, that in the case of a teacher who has been appointed 40 on tenure in a school district within the state, the board of cooper- 41 ative educational services where currently employed, or another board of 42 cooperative educational services, and who was not dismissed from such 43 district or board as a result of charges brought pursuant to subdivision 44 one of section three thousand twenty-a [or section three thousand twen- 45 ty-b] of this article, the probationary period shall not exceed two 46 years. Services of a person so appointed to any such positions may be 47 discontinued at any time during such probationary period, upon the 48 recommendation of the district superintendent, by a majority vote of the 49 board of cooperative educational services. 50 (b) Administrative assistants, supervisors, teachers and all other 51 members of the teaching and supervising staff of the board of cooper- 52 ative educational services appointed on or after July first, two thou- 53 sand fifteen, shall be appointed by a majority vote of the board of 54 cooperative educational services upon the recommendation of the district 55 superintendent of schools for a probationary period of not to exceed 56 four years; provided, however, that in the case of a teacher who has
A. 9849 19 1 been appointed on tenure in a school district within the state, the 2 board of cooperative educational services where currently employed, or 3 another board of cooperative educational services, and who was not 4 dismissed from such district or board as a result of charges brought 5 pursuant to section three thousand twenty-a [or section three thousand 6 twenty-b] of this article, the teacher shall be appointed for a proba- 7 tionary period of three years; [provided that, in the case of a class- 8 room teacher, the teacher demonstrates that he or she received a compos- 9 ite annual professional performance review rating pursuant to section 10 three thousand twelve-c or three thousand twelve-d of this article of 11 either effective or highly effective in his or her final year of service 12 in such other school district or board of cooperative educational 13 services;] and provided further that in the case of a principal, admin- 14 istrator, supervisor, or other member of the supervising staff who has 15 been appointed on tenure pursuant to this chapter as an administrator 16 within an authorized administrative tenure area in another school 17 district within the state, the school district where currently employed, 18 or a board of cooperative educational services, and who was not 19 dismissed from such district or board as a result of charges brought 20 pursuant to subdivision one of section three thousand twenty-a [or 21 section three thousand twenty-b] of this article, the principal, admin- 22 istrator, supervisor, or other member of the supervising staff shall be 23 appointed for a probationary period of three years. [Provided further, 24 however, that in the case of a classroom teacher who has been appointed 25 for a probationary period during the two thousand twenty--two thousand 26 twenty-one, the two thousand twenty-one--two thousand twenty-two or the 27 two thousand twenty-two--two thousand twenty-three school year and who 28 has been appointed on tenure in a school district within the state, 29 state school for the blind or deaf, the board of cooperative educational 30 services where currently employed, or another board of cooperative 31 educational services, and who was not dismissed from such district, 32 board or state school for the blind or deaf as a result of charges 33 brought pursuant to section three thousand twenty-a or section three 34 thousand twenty-b of this article, such teacher shall be appointed for a 35 probationary period of three years; provided that, in the case of a 36 classroom teacher, such teacher demonstrates that he or she received an 37 annual professional performance review rating pursuant to section three 38 thousand twelve-c or section three thousand twelve-d of this article of 39 either effective or highly effective in the two thousand seventeen--two 40 thousand eighteen or two thousand eighteen--two thousand nineteen school 41 year in such other school district, state school for the blind or deaf 42 or board of cooperative educational services.] Services of a person so 43 appointed to any such positions to which this paragraph applies may be 44 discontinued at any time during the probationary period, upon the recom- 45 mendation of the district superintendent, by a majority vote of the 46 board of cooperative educational services. 47 2. (a) On or before the expiration of the probationary term of a 48 person appointed for such term prior to July first, two thousand 49 fifteen, the district superintendent of schools shall make a written 50 report to the board of cooperative educational services recommending for 51 appointment on tenure persons who have been found competent, efficient 52 and satisfactory. Such persons shall hold their respective positions 53 during good behavior and competent and efficient service and shall not 54 be removed except for any of the following causes, after a hearing, as 55 provided by section three thousand twenty-a [or section three thousand 56 twenty-b] of this article: (i) Insubordination, immoral character or
A. 9849 20 1 conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or 2 neglect of duty; (iii) Failure to maintain certification as required by 3 this chapter and by the regulations of the commissioner. Each person who 4 is not to be so recommended for appointment on tenure shall be so noti- 5 fied in writing by the district superintendent not later than sixty days 6 immediately preceding the expiration of [his or her] such person's 7 probationary period. 8 (b) On or before the expiration of the probationary term of a person 9 appointed for such term on or after July first, two thousand fifteen, 10 the district superintendent of schools shall make a written report to 11 the board of cooperative educational services recommending for appoint- 12 ment on tenure persons who have been found competent, efficient and 13 satisfactory [and, in the case of a classroom teacher or building prin- 14 cipal, who have received composite annual professional performance 15 review ratings pursuant to section three thousand twelve-c or section 16 three thousand twelve-d of this article, of either effective or highly 17 effective in at least three of the four preceding years, exclusive of 18 any breaks in service; provided that, in the case of a classroom teacher 19 or building principal appointed during the two thousand seventeen--two 20 thousand eighteen or two thousand twenty--two thousand twenty-one school 21 year who have received composite annual professional performance review 22 ratings pursuant to section three thousand twelve-c or section three 23 thousand twelve-d of this article of either effective or highly effec- 24 tive in at least one of the four preceding years, exclusive of any 25 breaks in service, and did not receive an ineffective rating in the 26 final year of his or her probationary period or in the most recent 27 school year where a rating was received, and would have been in the 28 district superintendent of schools' discretion qualified for appointment 29 on tenure based upon performance, notwithstanding that his or her annual 30 professional performance review had not been completed and he or she had 31 not received an annual professional performance rating for the two thou- 32 sand nineteen--two thousand twenty, two thousand twenty--two thousand 33 twenty-one or the two thousand twenty-one--two thousand twenty-two 34 school year; provided that, in the case of a classroom teacher or build- 35 ing principal appointed during the two thousand eighteen--two thousand 36 nineteen or two thousand nineteen--two thousand twenty school year, who 37 has not received composite annual professional performance review 38 ratings pursuant to section three thousand twelve-c or section three 39 thousand twelve-d of this article for three consecutive years, no 40 ratings shall be required for the district superintendent of schools to 41 recommend for appointment on tenure such teacher or building principal 42 if the teacher or principal would have been, in the district superinten- 43 dent of schools' discretion, qualified for appointment on tenure based 44 upon performance, notwithstanding that his or her annual professional 45 performance review had not been completed and he or she had not received 46 an annual professional performance review rating for the two thousand 47 nineteen--two thousand twenty, two thousand twenty--two thousand twen- 48 ty-one and two thousand twenty-one--two thousand twenty-two school 49 years; provided that in the case of a classroom teacher or building 50 principal appointed during the two thousand twenty-one--two thousand 51 twenty-two school year who have received composite annual professional 52 performance review ratings pursuant to section three thousand twelve-c 53 or section three thousand twelve-d of this article of either effective 54 or highly effective in at least two of the four preceding years, exclu- 55 sive of any breaks in service, and did not receive an ineffective rating 56 in the final year of his or her probationary period, or during the most
A. 9849 21 1 recent school year where a rating was received, and would have been in 2 the district superintendent of schools' discretion qualified for 3 appointment on tenure based upon performance, notwithstanding that his 4 or her annual professional performance review had not been completed and 5 he or she had not received an annual professional performance rating for 6 the two thousand twenty--two thousand twenty-one or two thousand twen- 7 ty-one--two thousand twenty-two school year; provided further that, 8 notwithstanding any other provision of this section to the contrary, 9 when a teacher or principal receives an effective or highly effective 10 rating in each year of his or her probationary service except he or she 11 receives an ineffective rating in the final year of his or her proba- 12 tionary period, such teacher shall not be eligible for tenure but the 13 board of education in its discretion, may extend the teacher's proba- 14 tionary period for an additional year; provided, however that if such 15 teacher or principal successfully appealed such ineffective rating, such 16 teacher or principal shall immediately be eligible for tenure if the 17 rating resulting from the appeal established that such individual has 18 been effective or highly effective in at least three of the preceding 19 four years and was not ineffective in the final year. At the expiration 20 of the probationary period, the classroom teacher or building principal 21 shall remain in probationary status until the end of the school year in 22 which such teacher or principal has received such ratings of effective 23 or highly effective for at least three of the four preceding school 24 years, exclusive of any breaks in service, during which time a board of 25 cooperative educational services shall consider whether to grant tenure 26 for those classroom teachers or building principals who otherwise have 27 been found competent, efficient and satisfactory. Provided, however, 28 that the board of cooperative educational services may grant tenure 29 contingent upon a classroom teacher's or building principal's receipt of 30 a minimum rating in the final year of the probationary period, pursuant 31 to the requirements of this section, and if such contingency is not met 32 after all appeals have been exhausted, the grant of tenure shall be void 33 and unenforceable and the teacher's or principal's probationary period 34 may be extended in accordance with this subdivision]. Such persons shall 35 hold their respective positions during good behavior and competent and 36 efficient service and shall not be removed except for any of the follow- 37 ing causes, after a hearing, as provided by section three thousand twen- 38 ty-a [or section three thousand twenty-b] of this article: (i) Insubor- 39 dination, immoral character or conduct unbecoming a teacher; (ii) 40 Inefficiency, incompetency, or neglect of duty; (iii) Failure to main- 41 tain certification as required by this chapter and by the regulations of 42 the commissioner. Each person who is not to be so recommended for 43 appointment on tenure shall be so notified in writing by the district 44 superintendent not later than sixty days immediately preceding the expi- 45 ration of [his or her] such person's probationary period. 46 § 9. Section 3020 of the education law, as amended by chapter 691 of 47 the laws of 1994, subdivision 1 as amended by chapter 103 of the laws of 48 2010, subdivision 3 and paragraph a of subdivision 4 as amended by 49 section 2 of subpart G of part EE of chapter 56 of the laws of 2015, and 50 subdivision 4 as added by section 1 of part J of chapter 93 of the laws 51 of 2002, is amended to read as follows: 52 § 3020. Discipline of teachers. 1. No person enjoying the benefits of 53 tenure shall be disciplined or removed during a term of employment 54 except for just cause and in accordance with the procedures specified in 55 section three thousand twenty-a of this article or in accordance with 56 alternate disciplinary procedures contained in a collective bargaining
A. 9849 22 1 agreement covering [his or her] such person's terms and conditions of 2 employment that was effective on or before September first, nineteen 3 hundred ninety-four and has been unaltered by renegotiation, or in 4 accordance with alternative disciplinary procedures contained in a 5 collective bargaining agreement covering [his or her] such person's 6 terms and conditions of employment that becomes effective on or after 7 September first, nineteen hundred ninety-four; provided, however, that 8 any such alternate disciplinary procedures contained in a collective 9 bargaining agreement that becomes effective on or after September first, 10 nineteen hundred ninety-four, must provide for the written election by 11 the employee of either the procedures specified in such section three 12 thousand twenty-a or the alternative disciplinary procedures contained 13 in the collective bargaining agreement and must result in a disposition 14 of the disciplinary charge within the amount of time allowed therefor 15 under such section three thousand twenty-a[; and provided further that 16 any alternate disciplinary procedures contained in a collective bargain- 17 ing agreement that becomes effective on or after July first, two thou- 18 sand ten shall provide for an expedited hearing process before a single 19 hearing officer in accordance with subparagraph (i-a) of paragraph c of 20 subdivision three of section three thousand twenty-a of this article in 21 cases in which charges of incompetence are brought based solely upon an 22 allegation of a pattern of ineffective teaching or performance as 23 defined in section three thousand twelve-c of this article and shall 24 provide that such a pattern of ineffective teaching or performance shall 25 constitute very significant evidence of incompetence which may form the 26 basis for just cause removal]. 27 2. No person enjoying the benefits of tenure shall be suspended for a 28 fixed time without pay or dismissed due to a violation of article thir- 29 teen-E of the public health law. 30 3. Notwithstanding any inconsistent provision of law, the procedures 31 set forth in section three thousand twenty-a of this article and subdi- 32 vision seven of section twenty-five hundred ninety-j of this chapter may 33 be modified or replaced by agreements negotiated between the city school 34 district of the city of New York and any employee organization repres- 35 enting employees or titles that are or were covered by any memorandum of 36 agreement executed by such city school district and the council of 37 supervisors and administrators of the city of New York on or after 38 December first, nineteen hundred ninety-nine. Where such procedures are 39 so modified or replaced: (i) compliance with such modification or 40 replacement procedures shall satisfy any provision in this chapter that 41 requires compliance with section three thousand twenty-a of this 42 article, (ii) any employee against whom charges have been preferred 43 prior to the effective date of such modification or replacement shall 44 continue to be subject to the provisions of such section as in effect on 45 the date such charges were preferred, (iii) the provisions of subdivi- 46 sions one and two of this section shall not apply to agreements negoti- 47 ated pursuant to this subdivision, and (iv) in accordance with paragraph 48 (e) of subdivision one of section two hundred nine-a of the civil 49 service law, such modification or replacement procedures contained in an 50 agreement negotiated pursuant to this subdivision shall continue as 51 terms of such agreement after its expiration until a new agreement is 52 negotiated[; provided that any alternate disciplinary procedures 53 contained in a collective bargaining agreement that becomes effective on 54 or after July first, two thousand ten shall provide for an expedited 55 hearing process before a single hearing officer in accordance with 56 subparagraph (i-a) of paragraph c of subdivision three of section three
A. 9849 23 1 thousand twenty-a of this article in cases in which charges of incompe- 2 tence are brought against a building principal based solely upon an 3 allegation of a pattern of ineffective teaching or performance as 4 defined in section three thousand twelve-c of this article and shall 5 provide that such a pattern of ineffective teaching or performance shall 6 constitute very significant evidence of incompetence which may form the 7 basis for just cause removal of the building principal and provided 8 further that any alternate disciplinary procedures contained in a 9 collective bargaining agreement that becomes effective on or after July 10 first, two thousand fifteen shall provide that all hearings pursuant to 11 sections three thousand twenty-a or three thousand twenty-b of this 12 article shall be conducted before a single hearing officer and that two 13 consecutive ineffective ratings pursuant to annual professional perform- 14 ance reviews conducted in accordance with the provisions of section 15 three thousand twelve-c or three thousand twelve-d of this article shall 16 constitute prima facie evidence of incompetence that can only be over- 17 come by clear and convincing evidence that the employee is not incompe- 18 tent in light of all surrounding circumstances, and if not successfully 19 overcome, the finding, absent extraordinary circumstances, shall be just 20 cause for removal, and that three consecutive ineffective ratings pursu- 21 ant to annual professional performance reviews conducted in accordance 22 with the provisions of section three thousand twelve-c or three thousand 23 twelve-d of this article shall constitute prima facie evidence of incom- 24 petence that can only be overcome by clear and convincing evidence that 25 the calculation of one or more of the principal's underlying components 26 on the annual professional performance reviews pursuant to section three 27 thousand twelve-c or three thousand twelve-d of this article was fraudu- 28 lent, and if not successfully overcome, the finding, absent extraor- 29 dinary circumstances, shall be just cause for removal. For purposes of 30 this subdivision, fraud shall include mistaken identity]. Notwithstand- 31 ing any inconsistent provision of law, the commissioner shall review any 32 appeals authorized by such modification or replacement procedures within 33 fifteen days from receipt by such commissioner of the record of prior 34 proceedings in the matter subject to appeal. Such review shall have 35 preference over all other appeals or proceedings pending before such 36 commissioner. 37 4. a. Notwithstanding any inconsistent provision of law, the proce- 38 dures set forth in section three thousand twenty-a of this article and 39 subdivision seven of section twenty-five hundred ninety-j of this chap- 40 ter may be modified by agreements negotiated between the city school 41 district of the city of New York and any employee organization repres- 42 enting employees or titles that are or were covered by any memorandum of 43 agreement executed by such city school district and the united feder- 44 ation of teachers on or after June tenth, two thousand two. Where such 45 procedures are so modified: (i) compliance with such modified procedures 46 shall satisfy any provision of this chapter that requires compliance 47 with section three thousand twenty-a of this article; (ii) any employee 48 against whom charges have been preferred prior to the effective date of 49 such modification shall continue to be subject to the provisions of such 50 section as in effect on the date such charges were preferred; (iii) the 51 provisions of subdivisions one and two of this section shall not apply 52 to agreements negotiated pursuant to this subdivision, except that no 53 person enjoying the benefits of tenure shall be disciplined or removed 54 during a term of employment except for just cause; and (iv) in accord- 55 ance with paragraph (e) of subdivision one of section two hundred nine-a 56 of the civil service law, such modified procedures contained in an
A. 9849 24 1 agreement negotiated pursuant to this subdivision shall continue as 2 terms of such agreement after its expiration until a new agreement is 3 negotiated[; and provided further that any alternate disciplinary proce- 4 dures contained in a collective bargaining agreement that becomes effec- 5 tive on or after July first, two thousand ten shall provide for an expe- 6 dited hearing process before a single hearing officer in accordance with 7 subparagraph (i-a) of paragraph c of subdivision three of section three 8 thousand twenty-a of this article in cases in which charges of incompe- 9 tence are brought based solely upon an allegation of a pattern of inef- 10 fective teaching or performance as defined in section three thousand 11 twelve-c of this article and shall provide that such a pattern of inef- 12 fective teaching or performance shall constitute very significant 13 evidence of incompetence which may form the basis for just cause 14 removal, and provided further that any alternate disciplinary procedures 15 contained in a collective bargaining agreement that becomes effective on 16 or after July first, two thousand fifteen shall provide that all hear- 17 ings pursuant to sections three thousand twenty-a or three thousand 18 twenty-b of this article shall be conducted before a single hearing 19 officer and that two consecutive ineffective ratings pursuant to annual 20 professional performance reviews conducted in accordance with the 21 provisions of section three thousand twelve-c or three thousand twelve-d 22 of this article shall constitute prima facie evidence of incompetence 23 that can only be overcome by clear and convincing evidence that the 24 employee is not incompetent in light of all surrounding circumstances, 25 and if not successfully overcome, the finding, absent extraordinary 26 circumstances, shall be just cause for removal, and that three consec- 27 utive ineffective ratings pursuant to annual professional performance 28 reviews conducted in accordance with the provisions of section three 29 thousand twelve-c or three thousand twelve-d of this article shall 30 constitute prima facie evidence of incompetence that can only be over- 31 come by clear and convincing evidence that the calculation of one or 32 more of the teacher's underlying components on the annual professional 33 performance reviews pursuant to section three thousand twelve-c or three 34 thousand twelve-d of this article was fraudulent, and if not successful- 35 ly overcome, the finding, absent extraordinary circumstances, shall be 36 just cause for removal. For purposes of this paragraph, fraud shall 37 include mistaken identity]. 38 b. Any modifications to the procedures set forth in section three 39 thousand twenty-a of this article and subdivision seven of section twen- 40 ty-five hundred ninety-j of this chapter shall not change the manner in 41 which the fees and expenses of such proceedings pursuant to the afore- 42 said sections are paid. 43 § 10. Section 3020-b of the education law is REPEALED. 44 § 11. This act shall take effect immediately.