S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5576
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Education
 
 AN ACT to amend the education law, in relation to the granting of tenure
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  3012 of the education law is amended by adding a
 new subdivision 4 to read as follows:
   4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, AT THE EXPIRA-
 TION OF THE PROBATIONARY TERM OF A TEACHER, PRINCIPAL OR OTHER SUPERVIS-
 ING STAFF DESCRIBED HEREIN WHO WERE APPOINTED DURING  THE  TWO  THOUSAND
 SEVENTEEN--TWO  THOUSAND  EIGHTEEN,  TWO THOUSAND EIGHTEEN--TWO THOUSAND
 NINETEEN AND TWO THOUSAND NINETEEN--TWO THOUSAND  TWENTY  SCHOOL  YEARS,
 SUCH  INDIVIDUAL  SHALL  BE  ELIGIBLE  FOR  TENURE IF HE OR SHE RECEIVED
 COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE  REVIEW  RATINGS  PURSUANT  TO
 SECTION  THREE  THOUSAND  TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF
 THIS ARTICLE, OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST ONE OF
 THE FOUR PRECEDING YEARS AND DID NOT RECEIVE AN  INEFFECTIVE  RATING  IN
 THE  FINAL  YEAR  OF  HIS OR HER PROBATIONARY PERIOD, OR DURING THE MOST
 RECENT SCHOOL YEAR WHERE A RATING WAS RECEIVED.  ANY PROBATIONARY TEACH-
 ER, PRINCIPAL OR OTHER SUPERVISING STAFF HIRED DURING THE  TWO  THOUSAND
 TWENTY--TWO  THOUSAND TWENTY-ONE SCHOOL YEAR WHO WAS APPOINTED ON TENURE
 IN ANOTHER SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR
 STATE SCHOOL FOR THE BLIND OR DEAF AND WHO WAS NOT DISMISSED  FROM  SUCH
 DISTRICT,  BOARD  OR  STATE  SCHOOL FOR THE BLIND OR DEAF AS A RESULT OF
 CHARGES BROUGHT PURSUANT TO SUBDIVISION ONE OF  SECTION  THREE  THOUSAND
 TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF THIS ARTICLE, SUCH TEACH-
 ER, PRINCIPAL OR OTHER SUPERVISING STAFF SHALL BE APPOINTED FOR A PROBA-
 TIONARY PERIOD OF THREE YEARS; PROVIDED THAT, IN THE CASE OF A CLASSROOM
 TEACHER,  PRINCIPAL  OR  OTHER  SUPERVISING STAFF SUCH INDIVIDUAL DEMON-
 STRATES THAT HE OR  SHE  RECEIVED  AN  ANNUAL  PROFESSIONAL  PERFORMANCE
 REVIEW  RATING  PURSUANT  TO  SECTION THREE THOUSAND TWELVE-C OR SECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09855-05-1

 S. 5576                             2
 
 THREE THOUSAND TWELVE-D OF THIS ARTICLE IN THE TWO THOUSAND  SEVENTEEN--
 TWO  THOUSAND  EIGHTEEN  OR TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN
 SCHOOL YEAR. ANY PROBATIONARY TEACHERS, PRINCIPALS OR OTHER  SUPERVISING
 STAFF  DESCRIBED HEREIN WHO WERE APPOINTED DURING THE TWO THOUSAND TWEN-
 TY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR SHALL BE ELIGIBLE FOR TENURE  AT
 THE  EXPIRATION  OF HIS OR HER PROBATIONARY PERIOD IF HE OR SHE RECEIVED
 COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE  REVIEW  RATINGS  PURSUANT  TO
 SECTION  THREE  THOUSAND  TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF
 THIS ARTICLE OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST TWO  OF
 THE  FOUR  PRECEDING  YEARS AND DID NOT RECEIVE AN INEFFECTIVE RATING IN
 THE FINAL YEAR OF HIS OR HER PROBATIONARY PERIOD,  OR  DURING  THE  MOST
 RECENT SCHOOL YEAR WHERE A RATING WAS RECEIVED.
   §  2.  Section  3012-d of the education law is amended by adding a new
 subdivision 17 to read as follows:
   17. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, FOR  THE  TWO
 THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, NO SCHOOL DISTRICT
 SHALL  COMPLETE  AN  ANNUAL  PROFESSIONAL PERFORMANCE REVIEW REQUIRED BY
 THIS SECTION FOR ANY CLASSROOM TEACHER OR BUILDING PRINCIPAL  AND  STATE
 FUNDING  SHALL NOT BE WITHHELD FROM ANY SCHOOL DISTRICT FOR NOT COMPLET-
 ING THE ANNUAL PROFESSIONAL PERFORMANCE REVIEW.
   § 3. Section 3014 of the education law is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, AT THE EXPIRA-
 TION OF THE PROBATIONARY TERM OF A TEACHER, PRINCIPAL OR OTHER SUPERVIS-
 ING  STAFF  DESCRIBED  HEREIN WHO WERE APPOINTED DURING THE TWO THOUSAND
 SEVENTEEN--TWO THOUSAND EIGHTEEN, TWO  THOUSAND  EIGHTEEN--TWO  THOUSAND
 NINETEEN  AND  TWO  THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEARS,
 SUCH INDIVIDUAL SHALL BE ELIGIBLE FOR  TENURE  IF  HE  OR  SHE  RECEIVED
 COMPOSITE  ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEW RATINGS PURSUANT TO
 SECTION THREE THOUSAND TWELVE-C OR SECTION THREE  THOUSAND  TWELVE-D  OF
 THIS  ARTICLE OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST ONE OF
 THE FOUR PRECEDING YEARS AND DID NOT RECEIVE AN  INEFFECTIVE  RATING  IN
 THE  FINAL  YEAR  OF  HIS  OR HER PROBATIONARY PERIOD OR DURING THE MOST
 RECENT SCHOOL YEAR WHERE A RATING WAS RECEIVED. ANY PROBATIONARY  TEACH-
 ER,  PRINCIPAL  OR OTHER SUPERVISING STAFF HIRED DURING THE TWO THOUSAND
 TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR WHO WAS APPOINTED ON  TENURE
 IN ANOTHER SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR
 STATE  SCHOOL  FOR THE BLIND OR DEAF AND WHO WAS NOT DISMISSED FROM SUCH
 DISTRICT, BOARD OR STATE SCHOOL FOR THE BLIND OR DEAF  AS  A  RESULT  OF
 CHARGES  BROUGHT  PURSUANT  TO SUBDIVISION ONE OF SECTION THREE THOUSAND
 TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF THIS ARTICLE, SUCH TEACH-
 ER, PRINCIPAL OR OTHER SUPERVISING STAFF SHALL BE APPOINTED FOR A PROBA-
 TIONARY PERIOD OF THREE YEARS; PROVIDED THAT, IN THE CASE OF A CLASSROOM
 TEACHER, PRINCIPAL OR OTHER SUPERVISING  STAFF  SUCH  INDIVIDUAL  DEMON-
 STRATES  THAT  HE  OR  SHE  RECEIVED  AN ANNUAL PROFESSIONAL PERFORMANCE
 REVIEW RATING PURSUANT TO SECTION THREE  THOUSAND  TWELVE-C  OR  SECTION
 THREE  THOUSAND TWELVE-D OF THIS ARTICLE IN THE TWO THOUSAND SEVENTEEN--
 TWO THOUSAND EIGHTEEN OR TWO THOUSAND  EIGHTEEN--TWO  THOUSAND  NINETEEN
 SCHOOL  YEAR. ANY PROBATIONARY TEACHERS, PRINCIPALS OR OTHER SUPERVISING
 STAFF DESCRIBED HEREIN WHO WERE APPOINTED DURING THE TWO THOUSAND  TWEN-
 TY--TWO  THOUSAND TWENTY-ONE SCHOOL YEAR SHALL BE ELIGIBLE FOR TENURE AT
 THE EXPIRATION OF HIS OR HER PROBATIONARY PERIOD IF HE OR  SHE  RECEIVED
 COMPOSITE  ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEW RATINGS PURSUANT TO
 SECTION THREE THOUSAND TWELVE-C OR SECTION THREE  THOUSAND  TWELVE-D  OF
 THIS  ARTICLE OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST TWO OF
 THE FOUR PRECEDING YEARS AND DID NOT RECEIVE AN  INEFFECTIVE  RATING  IN

 S. 5576                             3
 
 THE  FINAL  YEAR  OF  HIS OR HER PROBATIONARY PERIOD, OR DURING THE MOST
 RECENT SCHOOL YEAR WHERE A RATING WAS RECEIVED.
   §  4.  Section  2509  of  the education law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, AT THE EXPI-
 RATION OF THE PROBATIONARY TERM OF A TEACHER, PRINCIPAL OR OTHER  SUPER-
 VISING STAFF DESCRIBED HEREIN WHO WERE APPOINTED DURING THE TWO THOUSAND
 SEVENTEEN--TWO  THOUSAND  EIGHTEEN,  TWO THOUSAND EIGHTEEN--TWO THOUSAND
 NINETEEN AND TWO THOUSAND NINETEEN--TWO THOUSAND  TWENTY  SCHOOL  YEARS,
 SUCH  INDIVIDUAL  SHALL  BE  ELIGIBLE  FOR  TENURE IF HE OR SHE RECEIVED
 COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE  REVIEW  RATINGS  PURSUANT  TO
 SECTION  THREE  THOUSAND  TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF
 THIS CHAPTER OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST ONE  OF
 THE  FOUR  PRECEDING  YEARS AND DID NOT RECEIVE AN INEFFECTIVE RATING IN
 THE FINAL YEAR OF HIS OR HER PROBATIONARY  PERIOD  OR  DURING  THE  MOST
 RECENT  SCHOOL YEAR WHERE A RATING WAS RECEIVED. ANY PROBATIONARY TEACH-
 ER, PRINCIPAL OR OTHER SUPERVISING STAFF HIRED DURING THE  TWO  THOUSAND
 TWENTY--TWO  THOUSAND TWENTY-ONE SCHOOL YEAR WHO WAS APPOINTED ON TENURE
 IN ANOTHER SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR
 STATE SCHOOL FOR THE BLIND OR DEAF AND WHO WAS NOT DISMISSED  FROM  SUCH
 DISTRICT,  BOARD  OR  STATE  SCHOOL FOR THE BLIND OR DEAF AS A RESULT OF
 CHARGES BROUGHT PURSUANT TO SUBDIVISION ONE OF  SECTION  THREE  THOUSAND
 TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF THIS CHAPTER, SUCH TEACH-
 ER, PRINCIPAL OR OTHER SUPERVISING STAFF SHALL BE APPOINTED FOR A PROBA-
 TIONARY PERIOD OF THREE YEARS; PROVIDED THAT, IN THE CASE OF A CLASSROOM
 TEACHER,  PRINCIPAL  OR  OTHER  SUPERVISING STAFF SUCH INDIVIDUAL DEMON-
 STRATES THAT HE OR  SHE  RECEIVED  AN  ANNUAL  PROFESSIONAL  PERFORMANCE
 REVIEW  RATING  PURSUANT  TO  SECTION THREE THOUSAND TWELVE-C OR SECTION
 THREE THOUSAND TWELVE-D OF THIS CHAPTER IN THE TWO THOUSAND  SEVENTEEN--
 TWO  THOUSAND  EIGHTEEN  OR TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN
 SCHOOL YEAR. ANY PROBATIONARY TEACHERS, PRINCIPALS OR OTHER  SUPERVISING
 STAFF  DESCRIBED HEREIN WHO WERE APPOINTED DURING THE TWO THOUSAND TWEN-
 TY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR SHALL BE ELIGIBLE FOR TENURE  AT
 THE  EXPIRATION  OF HIS OR HER PROBATIONARY PERIOD IF THEY HAVE RECEIVED
 COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE  REVIEW  RATINGS  PURSUANT  TO
 SECTION  THREE  THOUSAND  TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF
 THIS CHAPTER OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST TWO  OF
 THE  FOUR  PRECEDING  YEARS AND DID NOT RECEIVE AN INEFFECTIVE RATING IN
 THE FINAL YEAR OF HIS OR HER PROBATIONARY PERIOD,  OR  DURING  THE  MOST
 RECENT SCHOOL YEAR WHERE A RATING WAS RECEIVED.
   §  5.  Section  2573  of  the education law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, AT THE EXPI-
 RATION OF THE PROBATIONARY TERM OF A TEACHER, PRINCIPAL OR OTHER  SUPER-
 VISING STAFF DESCRIBED HEREIN WHO WERE APPOINTED DURING THE TWO THOUSAND
 SEVENTEEN--TWO  THOUSAND  EIGHTEEN,  TWO THOUSAND EIGHTEEN--TWO THOUSAND
 NINETEEN AND TWO THOUSAND NINETEEN--TWO THOUSAND  TWENTY  SCHOOL  YEARS,
 SUCH  INDIVIDUAL  SHALL  BE  ELIGIBLE  FOR  TENURE IF HE OR SHE RECEIVED
 COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE  REVIEW  RATINGS  PURSUANT  TO
 SECTION  THREE  THOUSAND  TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF
 THIS CHAPTER OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST ONE  OF
 THE  FOUR  PRECEDING  YEARS AND DID NOT RECEIVE AN INEFFECTIVE RATING IN
 THE FINAL YEAR OF HIS OR HER PROBATIONARY  PERIOD  OR  DURING  THE  MOST
 RECENT  SCHOOL YEAR WHERE A RATING WAS RECEIVED. ANY PROBATIONARY TEACH-
 ER, PRINCIPAL OR OTHER SUPERVISING STAFF HIRED DURING THE  TWO  THOUSAND
 TWENTY--TWO  THOUSAND TWENTY-ONE SCHOOL YEAR WHO WAS APPOINTED ON TENURE

 S. 5576                             4
 
 IN ANOTHER SCHOOL DISTRICT, BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR
 STATE SCHOOL FOR THE BLIND OR DEAF AND WHO WAS NOT DISMISSED  FROM  SUCH
 DISTRICT,  BOARD  OR  STATE  SCHOOL FOR THE BLIND OR DEAF AS A RESULT OF
 CHARGES  BROUGHT  PURSUANT  TO SUBDIVISION ONE OF SECTION THREE THOUSAND
 TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF THIS CHAPTER, SUCH TEACH-
 ER, PRINCIPAL OR OTHER SUPERVISING STAFF SHALL BE APPOINTED FOR A PROBA-
 TIONARY PERIOD OF THREE YEARS; PROVIDED THAT, IN THE CASE OF A CLASSROOM
 TEACHER, PRINCIPAL OR OTHER SUPERVISING  STAFF  SUCH  INDIVIDUAL  DEMON-
 STRATES  THAT  HE  OR  SHE  RECEIVED  AN ANNUAL PROFESSIONAL PERFORMANCE
 REVIEW RATING PURSUANT TO SECTION THREE  THOUSAND  TWELVE-C  OR  SECTION
 THREE  THOUSAND TWELVE-D OF THIS CHAPTER IN THE TWO THOUSAND SEVENTEEN--
 TWO THOUSAND EIGHTEEN OR TWO THOUSAND  EIGHTEEN--TWO  THOUSAND  NINETEEN
 SCHOOL YEAR. ANY PROBATIONARY TEACHERS, PRINCIPALS AND OTHER SUPERVISING
 STAFF  DESCRIBED HEREIN WHO WERE APPOINTED DURING THE TWO THOUSAND TWEN-
 TY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR SHALL BE ELIGIBLE FOR TENURE  AT
 THE  EXPIRATION  OF HIS OR HER PROBATIONARY PERIOD IF THEY HAVE RECEIVED
 COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE  REVIEW  RATINGS  PURSUANT  TO
 SECTION  THREE  THOUSAND  TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF
 THIS CHAPTER OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST TWO  OF
 THE  FOUR  PRECEDING  YEARS AND DID NOT RECEIVE AN INEFFECTIVE RATING IN
 THE FINAL YEAR OF HIS OR HER PROBATIONARY PERIOD,  OR  DURING  THE  MOST
 RECENT SCHOOL YEAR WHERE A RATING WAS RECEIVED.
   § 6. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5576--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2021
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Education  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the education law, in relation to the granting of tenure

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3012 of the education law is amended  by  adding  a
 new subdivision 4 to read as follows:
   4. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, AT THE EXPIRA-
 TION OF THE PROBATIONARY TERM OF A CLASSROOM TEACHER OR BUILDING PRINCI-
 PAL  DESCRIBED  HEREIN  WHO WAS APPOINTED DURING THE TWO THOUSAND SEVEN-
 TEEN--TWO  THOUSAND  EIGHTEEN,  TWO  THOUSAND   EIGHTEEN--TWO   THOUSAND
 NINETEEN  AND  TWO  THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEARS,
 SUCH INDIVIDUAL SHALL BE ELIGIBLE FOR  TENURE  IF  HE  OR  SHE  RECEIVED
 COMPOSITE  ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEW RATINGS PURSUANT TO
 SECTION THREE THOUSAND TWELVE-C OR SECTION THREE  THOUSAND  TWELVE-D  OF
 THIS ARTICLE, OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST ONE OF
 THE  FOUR  PRECEDING  YEARS AND DID NOT RECEIVE AN INEFFECTIVE RATING IN
 THE FINAL YEAR OF HIS OR HER PROBATIONARY PERIOD,  OR  DURING  THE  MOST
 RECENT SCHOOL YEAR WHERE A RATING WAS RECEIVED.  ANY PROBATIONARY CLASS-
 ROOM  TEACHER HIRED DURING THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-
 ONE SCHOOL YEAR WHO WAS APPOINTED ON TENURE IN ANOTHER  SCHOOL  DISTRICT
 WITHIN THE STATE, THE SCHOOL DISTRICT WHERE CURRENTLY EMPLOYED, BOARD OF
 COOPERATIVE  EDUCATIONAL  SERVICES OR STATE SCHOOL FOR THE BLIND OR DEAF
 AND WHO WAS NOT DISMISSED FROM SUCH DISTRICT, BOARD OR STATE SCHOOL  FOR
 THE BLIND OR DEAF AS A RESULT OF CHARGES BROUGHT PURSUANT TO SUBDIVISION
 ONE  OF  SECTION THREE THOUSAND TWENTY-A OR SECTION THREE THOUSAND TWEN-
 TY-B OF THIS ARTICLE, SHALL BE APPOINTED FOR A  PROBATIONARY  PERIOD  OF
 THREE  YEARS;  PROVIDED  THAT,  IN  THE CASE OF A CLASSROOM TEACHER SUCH
 INDIVIDUAL DEMONSTRATES THAT HE OR SHE RECEIVED AN  ANNUAL  PROFESSIONAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09855-06-1

 S. 5576--A                          2
 
 PERFORMANCE REVIEW RATING PURSUANT TO SECTION THREE THOUSAND TWELVE-C OR
 SECTION  THREE  THOUSAND  TWELVE-D  OF  THIS ARTICLE IN THE TWO THOUSAND
 SEVENTEEN--TWO THOUSAND EIGHTEEN OR TWO THOUSAND EIGHTEEN--TWO  THOUSAND
 NINETEEN  SCHOOL  YEAR.  ANY PROBATIONARY CLASSROOM TEACHERS OR BUILDING
 PRINCIPALS DESCRIBED HEREIN WHO WERE APPOINTED DURING THE  TWO  THOUSAND
 TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR SHALL BE ELIGIBLE FOR TENURE
 AT  THE  EXPIRATION  OF  HIS  OR  HER  PROBATIONARY  PERIOD IF HE OR SHE
 RECEIVED COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSU-
 ANT TO  SECTION  THREE  THOUSAND  TWELVE-C  OR  SECTION  THREE  THOUSAND
 TWELVE-D  OF  THIS ARTICLE OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT
 LEAST TWO OF THE FOUR PRECEDING YEARS AND DID NOT RECEIVE AN INEFFECTIVE
 RATING IN THE FINAL YEAR OF HIS OR HER PROBATIONARY  PERIOD,  OR  DURING
 THE MOST RECENT SCHOOL YEAR WHERE A RATING WAS RECEIVED.
   §  2.  Section  3012-d of the education law is amended by adding a new
 subdivision 17 to read as follows:
   17. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, FOR  THE  TWO
 THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, NO SCHOOL DISTRICT
 OR  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES SHALL COMPLETE AN ANNUAL
 PROFESSIONAL PERFORMANCE REVIEW REQUIRED BY THIS SECTION FOR ANY  CLASS-
 ROOM  TEACHER OR BUILDING PRINCIPAL AND STATE FUNDING SHALL NOT BE WITH-
 HELD FROM ANY SCHOOL DISTRICT FOR NOT COMPLETING THE ANNUAL PROFESSIONAL
 PERFORMANCE REVIEW.
   § 3. Section 3014 of the education law is  amended  by  adding  a  new
 subdivision 3 to read as follows:
   3. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, AT THE EXPIRA-
 TION OF THE PROBATIONARY TERM OF A CLASSROOM TEACHER OR BUILDING PRINCI-
 PAL  DESCRIBED  HEREIN  WHO WAS APPOINTED DURING THE TWO THOUSAND SEVEN-
 TEEN--TWO  THOUSAND  EIGHTEEN,  TWO  THOUSAND   EIGHTEEN--TWO   THOUSAND
 NINETEEN  AND  TWO  THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEARS,
 SUCH INDIVIDUAL SHALL BE ELIGIBLE FOR  TENURE  IF  HE  OR  SHE  RECEIVED
 COMPOSITE  ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEW RATINGS PURSUANT TO
 SECTION THREE THOUSAND TWELVE-C OR SECTION THREE  THOUSAND  TWELVE-D  OF
 THIS  ARTICLE OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST ONE OF
 THE FOUR PRECEDING YEARS AND DID NOT RECEIVE AN  INEFFECTIVE  RATING  IN
 THE  FINAL  YEAR  OF  HIS  OR HER PROBATIONARY PERIOD OR DURING THE MOST
 RECENT SCHOOL YEAR WHERE A RATING WAS RECEIVED. ANY PROBATIONARY  CLASS-
 ROOM  TEACHER,  HIRED DURING THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
 TY-ONE SCHOOL YEAR  WHO  WAS  APPOINTED  ON  TENURE  IN  ANOTHER  SCHOOL
 DISTRICT WITHIN THE STATE, THE SCHOOL DISTRICT WHERE CURRENTLY EMPLOYED,
 BOARD  OF COOPERATIVE EDUCATIONAL SERVICES OR STATE SCHOOL FOR THE BLIND
 OR DEAF AND WHO WAS NOT DISMISSED FROM SUCH  DISTRICT,  BOARD  OR  STATE
 SCHOOL  FOR THE BLIND OR DEAF AS A RESULT OF CHARGES BROUGHT PURSUANT TO
 SUBDIVISION ONE OF SECTION THREE  THOUSAND  TWENTY-A  OR  SECTION  THREE
 THOUSAND  TWENTY-B OF THIS ARTICLE, SUCH TEACHER, SHALL BE APPOINTED FOR
 A PROBATIONARY PERIOD OF THREE YEARS; PROVIDED THAT, IN THE  CASE  OF  A
 CLASSROOM  TEACHER  SUCH INDIVIDUAL DEMONSTRATES THAT HE OR SHE RECEIVED
 AN ANNUAL PROFESSIONAL PERFORMANCE REVIEW  RATING  PURSUANT  TO  SECTION
 THREE THOUSAND TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS ARTI-
 CLE IN THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN OR TWO THOUSAND
 EIGHTEEN--TWO  THOUSAND NINETEEN SCHOOL YEAR. ANY PROBATIONARY CLASSROOM
 TEACHERS OR BUILDING PRINCIPALS  DESCRIBED  HEREIN  WHO  WERE  APPOINTED
 DURING  THE  TWO  THOUSAND  TWENTY--TWO  THOUSAND TWENTY-ONE SCHOOL YEAR
 SHALL BE ELIGIBLE FOR TENURE AT THE EXPIRATION OF HIS OR HER  PROBATION-
 ARY  PERIOD IF HE OR SHE RECEIVED COMPOSITE ANNUAL PROFESSIONAL PERFORM-
 ANCE REVIEW RATINGS PURSUANT  TO  SECTION  THREE  THOUSAND  TWELVE-C  OR
 SECTION  THREE  THOUSAND TWELVE-D OF THIS ARTICLE OF EITHER EFFECTIVE OR

 S. 5576--A                          3
 
 HIGHLY EFFECTIVE IN AT LEAST TWO OF THE FOUR PRECEDING YEARS AND DID NOT
 RECEIVE AN INEFFECTIVE RATING IN THE FINAL YEAR OF HIS OR HER PROBATION-
 ARY PERIOD, OR DURING THE MOST RECENT SCHOOL YEAR  WHERE  A  RATING  WAS
 RECEIVED.
   §  4.  Section  2509  of  the education law is amended by adding a new
 subdivision 2-a to read as follows:
   2-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, AT THE EXPI-
 RATION OF THE PROBATIONARY TERM OF A CLASSROOM TEACHER OR BUILDING PRIN-
 CIPAL DESCRIBED HEREIN WHO WAS APPOINTED DURING THE TWO THOUSAND  SEVEN-
 TEEN--TWO   THOUSAND   EIGHTEEN,  TWO  THOUSAND  EIGHTEEN--TWO  THOUSAND
 NINETEEN AND TWO THOUSAND NINETEEN--TWO THOUSAND  TWENTY  SCHOOL  YEARS,
 SUCH  INDIVIDUAL  SHALL  BE  ELIGIBLE  FOR  TENURE IF HE OR SHE RECEIVED
 COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE  REVIEW  RATINGS  PURSUANT  TO
 SECTION  THREE  THOUSAND  TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF
 THIS CHAPTER OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST ONE  OF
 THE  FOUR  PRECEDING  YEARS AND DID NOT RECEIVE AN INEFFECTIVE RATING IN
 THE FINAL YEAR OF HIS OR HER PROBATIONARY  PERIOD  OR  DURING  THE  MOST
 RECENT  SCHOOL YEAR WHERE A RATING WAS RECEIVED. ANY PROBATIONARY CLASS-
 ROOM TEACHER HIRED DURING THE TWO THOUSAND TWENTY--TWO THOUSAND  TWENTY-
 ONE  SCHOOL  YEAR WHO WAS APPOINTED ON TENURE IN ANOTHER SCHOOL DISTRICT
 WITHIN THE STATE, THE SCHOOL DISTRICT WHERE CURRENTLY EMPLOYED, BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES OR STATE SCHOOL FOR THE BLIND  OR  DEAF
 AND  WHO WAS NOT DISMISSED FROM SUCH DISTRICT, BOARD OR STATE SCHOOL FOR
 THE BLIND OR DEAF AS A RESULT OF CHARGES BROUGHT PURSUANT TO SUBDIVISION
 ONE OF SECTION THREE THOUSAND TWENTY-A OR SECTION THREE  THOUSAND  TWEN-
 TY-B  OF THIS CHAPTER, SUCH TEACHER, SHALL BE APPOINTED FOR A PROBATION-
 ARY PERIOD OF THREE YEARS; PROVIDED THAT, IN THE  CASE  OF  A  CLASSROOM
 TEACHER  SUCH  INDIVIDUAL DEMONSTRATES THAT HE OR SHE RECEIVED AN ANNUAL
 PROFESSIONAL PERFORMANCE REVIEW RATING PURSUANT TO SECTION  THREE  THOU-
 SAND  TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS CHAPTER IN THE
 TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN OR TWO THOUSAND  EIGHTEEN-
 -TWO  THOUSAND NINETEEN SCHOOL YEAR. ANY PROBATIONARY CLASSROOM TEACHERS
 OR BUILDING PRINCIPALS DESCRIBED HEREIN WHO WERE  APPOINTED  DURING  THE
 TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR SHALL BE ELIGI-
 BLE  FOR  TENURE  AT THE EXPIRATION OF HIS OR HER PROBATIONARY PERIOD IF
 THEY HAVE RECEIVED  COMPOSITE  ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEW
 RATINGS  PURSUANT  TO  SECTION  THREE THOUSAND TWELVE-C OR SECTION THREE
 THOUSAND TWELVE-D OF THIS CHAPTER OF EITHER EFFECTIVE OR  HIGHLY  EFFEC-
 TIVE  IN AT LEAST TWO OF THE FOUR PRECEDING YEARS AND DID NOT RECEIVE AN
 INEFFECTIVE RATING IN THE FINAL YEAR OF HIS OR HER PROBATIONARY  PERIOD,
 OR DURING THE MOST RECENT SCHOOL YEAR WHERE A RATING WAS RECEIVED.
   §  5.  Section  2573  of  the education law is amended by adding a new
 subdivision 1-a to read as follows:
   1-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, AT THE EXPI-
 RATION OF THE PROBATIONARY TERM OF A CLASSROOM TEACHER OR BUILDING PRIN-
 CIPAL DESCRIBED HEREIN WHO WAS APPOINTED DURING THE TWO THOUSAND  SEVEN-
 TEEN--TWO   THOUSAND   EIGHTEEN,  TWO  THOUSAND  EIGHTEEN--TWO  THOUSAND
 NINETEEN AND TWO THOUSAND NINETEEN--TWO THOUSAND  TWENTY  SCHOOL  YEARS,
 SUCH  INDIVIDUAL  SHALL  BE  ELIGIBLE  FOR  TENURE IF HE OR SHE RECEIVED
 COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE  REVIEW  RATINGS  PURSUANT  TO
 SECTION  THREE  THOUSAND  TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF
 THIS CHAPTER OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST ONE  OF
 THE  FOUR  PRECEDING  YEARS AND DID NOT RECEIVE AN INEFFECTIVE RATING IN
 THE FINAL YEAR OF HIS OR HER PROBATIONARY  PERIOD  OR  DURING  THE  MOST
 RECENT  SCHOOL YEAR WHERE A RATING WAS RECEIVED. ANY PROBATIONARY CLASS-
 ROOM TEACHER OR BUILDING PRINCIPAL HIRED DURING THE TWO  THOUSAND  TWEN-

 S. 5576--A                          4
 
 TY--TWO  THOUSAND  TWENTY-ONE SCHOOL YEAR WHO WAS APPOINTED ON TENURE IN
 ANOTHER SCHOOL DISTRICT WITHIN THE  STATE,  THE  SCHOOL  DISTRICT  WHERE
 CURRENTLY  EMPLOYED,  BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR STATE
 SCHOOL  FOR  THE  BLIND  OR  DEAF  AND  WHO  WAS NOT DISMISSED FROM SUCH
 DISTRICT, BOARD OR STATE SCHOOL FOR THE BLIND OR DEAF  AS  A  RESULT  OF
 CHARGES  BROUGHT  PURSUANT  TO SUBDIVISION ONE OF SECTION THREE THOUSAND
 TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF THIS CHAPTER, SUCH TEACH-
 ER SHALL BE APPOINTED FOR A PROBATIONARY PERIOD OF THREE YEARS; PROVIDED
 THAT, IN THE CASE OF A CLASSROOM TEACHER  SUCH  INDIVIDUAL  DEMONSTRATES
 THAT HE OR SHE RECEIVED AN ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATING
 PURSUANT  TO  SECTION  THREE THOUSAND TWELVE-C OR SECTION THREE THOUSAND
 TWELVE-D OF THIS CHAPTER IN THE  TWO  THOUSAND  SEVENTEEN--TWO  THOUSAND
 EIGHTEEN  OR  TWO  THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR.
 ANY PROBATIONARY CLASSROOM TEACHERS  OR  BUILDING  PRINCIPALS  DESCRIBED
 HEREIN  WHO  WERE APPOINTED DURING THE TWO THOUSAND TWENTY--TWO THOUSAND
 TWENTY-ONE SCHOOL YEAR SHALL BE ELIGIBLE FOR TENURE AT THE EXPIRATION OF
 HIS OR HER PROBATIONARY PERIOD IF THEY HAVE  RECEIVED  COMPOSITE  ANNUAL
 PROFESSIONAL  PERFORMANCE REVIEW RATINGS PURSUANT TO SECTION THREE THOU-
 SAND TWELVE-C OR SECTION THREE THOUSAND  TWELVE-D  OF  THIS  CHAPTER  OF
 EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST TWO OF THE FOUR PRECED-
 ING YEARS AND DID NOT RECEIVE AN INEFFECTIVE RATING IN THE FINAL YEAR OF
 HIS  OR  HER  PROBATIONARY PERIOD, OR DURING THE MOST RECENT SCHOOL YEAR
 WHERE A RATING WAS RECEIVED.
   § 6. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5576--B
     Cal. No. 618
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2021
                                ___________
 
 Introduced  by  Sens. MAYER, JORDAN, MARTUCCI, TEDISCO -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Education  -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- reported  favorably  from
   said committee, ordered to first and second report, ordered to a third
   reading,  amended  and  ordered  reprinted, retaining its place in the
   order of third reading
 
 AN ACT to amend the education law, in relation to the granting of tenure
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  (b)  of  subdivision  2 of section 3012 of the
 education law, as added by section 4 of subpart D of part EE of  chapter
 56 of the laws of 2015, is amended to read as follows:
   (b)  At  the expiration of the probationary term of a person appointed
 for such term on or after July first, two thousand fifteen,  subject  to
 the conditions of this section, the superintendent of schools shall make
 a  written  report to the board of education or the trustees of a common
 school district recommending for appointment on tenure those persons who
 have been found competent, efficient and satisfactory and, in  the  case
 of  a classroom teacher or building principal, who have received compos-
 ite annual professional performance review ratings pursuant  to  section
 three thousand twelve-c or section three thousand twelve-d of this arti-
 cle,  of  either  effective or highly effective in at least three of the
 four preceding years, exclusive of any breaks in service; provided that,
 notwithstanding any other provision of this  section  to  the  contrary,
 when  a  teacher  or principal receives an effective or highly effective
 rating in each year of his or her probationary service except he or  she
 receives  an  ineffective  rating in the final year of his or her proba-
 tionary period, such teacher shall not be eligible for  tenure  but  the
 board  of  education, in its discretion, may extend the teacher's proba-
 tionary period for an additional year; provided, however, that  if  such
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD09855-09-1

 S. 5576--B                          2
 
 teacher or principal successfully appealed such ineffective rating, such
 teacher  or  principal  shall  immediately be eligible for tenure if the
 rating resulting from the appeal established that  such  individual  has
 been  effective  or  highly effective in at least three of the preceding
 four years and was not ineffective in the final year. At the  expiration
 of  the probationary period, the classroom teacher or building principal
 shall remain in probationary status until the end of the school year  in
 which  such  teacher or principal has received such ratings of effective
 or highly effective for at least three  of  the  four  preceding  school
 years,  exclusive  of  any  breaks  in service, and subject to the terms
 hereof, during which time the  trustees  or  board  of  education  shall
 consider  whether to grant tenure for those classroom teachers or build-
 ing principals who otherwise have been found  competent,  efficient  and
 satisfactory. Provided, however, that the trustees or board of education
 may grant tenure contingent upon a classroom teacher's or building prin-
 cipal's  receipt of a minimum rating in the final year of the probation-
 ary period, pursuant to the requirements of this section,  and  if  such
 contingency  is not met after all appeals have been exhausted, the grant
 of tenure shall be void and unenforceable and the teacher's  or  princi-
 pal's probationary period may be extended in accordance with this subdi-
 vision. Such persons who have been recommended for tenure and all others
 employed  in the teaching service of the schools of such school district
 who have served the full probationary period  as  extended  pursuant  to
 this  subdivision  shall  hold  their  respective  positions during good
 behavior and efficient and competent service, and shall not be removable
 except for cause after a hearing as provided by section  three  thousand
 twenty-a  or section three thousand twenty-b of this article. Failure to
 maintain certification as required by this chapter and  the  regulations
 of  the  commissioner shall constitute cause for removal. PROVIDED THAT,
 AT THE EXPIRATION OF THE PROBATIONARY TERM OF  A  CLASSROOM  TEACHER  OR
 BUILDING  PRINCIPAL  DESCRIBED  HEREIN  WHO WAS APPOINTED DURING THE TWO
 THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN,  TWO  THOUSAND  EIGHTEEN--TWO
 THOUSAND  NINETEEN AND TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL
 YEARS, SUCH INDIVIDUAL SHALL  BE  ELIGIBLE  FOR  TENURE  IF  HE  OR  SHE
 RECEIVED COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSU-
 ANT  TO  SECTION  THREE  THOUSAND  TWELVE-C  OR  SECTION  THREE THOUSAND
 TWELVE-D OF THIS ARTICLE, OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN  AT
 LEAST ONE OF THE FOUR PRECEDING YEARS AND DID NOT RECEIVE AN INEFFECTIVE
 RATING  IN  THE  FINAL YEAR OF HIS OR HER PROBATIONARY PERIOD, OR DURING
 THE MOST RECENT SCHOOL YEAR WHERE A RATING WAS RECEIVED.  ANY PROBATION-
 ARY CLASSROOM TEACHER HIRED DURING THE TWO THOUSAND TWENTY--TWO THOUSAND
 TWENTY-ONE SCHOOL YEAR WHO WAS APPOINTED ON  TENURE  IN  ANOTHER  SCHOOL
 DISTRICT WITHIN THE STATE, THE SCHOOL DISTRICT WHERE CURRENTLY EMPLOYED,
 BOARD  OF COOPERATIVE EDUCATIONAL SERVICES OR STATE SCHOOL FOR THE BLIND
 OR DEAF AND WHO WAS NOT DISMISSED FROM SUCH  DISTRICT,  BOARD  OR  STATE
 SCHOOL  FOR THE BLIND OR DEAF AS A RESULT OF CHARGES BROUGHT PURSUANT TO
 SUBDIVISION ONE OF SECTION THREE  THOUSAND  TWENTY-A  OR  SECTION  THREE
 THOUSAND TWENTY-B OF THIS ARTICLE, SHALL BE APPOINTED FOR A PROBATIONARY
 PERIOD OF THREE YEARS; PROVIDED THAT, IN THE CASE OF A CLASSROOM TEACHER
 SUCH  INDIVIDUAL  DEMONSTRATES THAT HE OR SHE RECEIVED AN ANNUAL PROFES-
 SIONAL PERFORMANCE REVIEW RATING  PURSUANT  TO  SECTION  THREE  THOUSAND
 TWELVE-C  OR  SECTION THREE THOUSAND TWELVE-D OF THIS ARTICLE IN THE TWO
 THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN OR TWO THOUSAND  EIGHTEEN--TWO
 THOUSAND  NINETEEN  SCHOOL  YEAR. ANY PROBATIONARY CLASSROOM TEACHERS OR
 BUILDING PRINCIPALS DESCRIBED HEREIN WHO WERE APPOINTED DURING  THE  TWO
 THOUSAND  TWENTY--TWO  THOUSAND TWENTY-ONE SCHOOL YEAR SHALL BE ELIGIBLE

 S. 5576--B                          3
 
 FOR TENURE AT THE EXPIRATION OF HIS OR HER PROBATIONARY PERIOD IF HE  OR
 SHE  RECEIVED  COMPOSITE  ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS
 PURSUANT TO SECTION THREE THOUSAND TWELVE-C OR  SECTION  THREE  THOUSAND
 TWELVE-D  OF  THIS ARTICLE OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT
 LEAST TWO OF THE FOUR PRECEDING YEARS AND DID NOT RECEIVE AN INEFFECTIVE
 RATING IN THE FINAL YEAR OF HIS OR HER PROBATIONARY  PERIOD,  OR  DURING
 THE MOST RECENT SCHOOL YEAR WHERE A RATING WAS RECEIVED.
   §  2.  Section  3012-d of the education law is amended by adding a new
 subdivision 17 to read as follows:
   17. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, FOR  THE  TWO
 THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, NO SCHOOL DISTRICT
 OR  BOARD  OF  COOPERATIVE EDUCATIONAL SERVICES SHALL COMPLETE AN ANNUAL
 PROFESSIONAL PERFORMANCE REVIEW REQUIRED BY THIS SECTION FOR ANY  CLASS-
 ROOM  TEACHER OR BUILDING PRINCIPAL AND STATE FUNDING SHALL NOT BE WITH-
 HELD FROM ANY SCHOOL DISTRICT FOR NOT COMPLETING THE ANNUAL PROFESSIONAL
 PERFORMANCE REVIEW.
   § 3. Paragraph (b) of subdivision 2 of section 3014 of  the  education
 law,  as added by section 5 of subpart D of part EE of chapter 56 of the
 laws of 2015, is amended to read as follows:
   (b) On or before the expiration of the probationary term of  a  person
 appointed  for  such  term on or after July first, two thousand fifteen,
 the district superintendent of schools shall make a  written  report  to
 the  board of cooperative educational services recommending for appoint-
 ment on tenure persons who have  been  found  competent,  efficient  and
 satisfactory and, in the case of a classroom teacher or building princi-
 pal,  who have received composite annual professional performance review
 ratings pursuant to section three thousand  twelve-c  or  section  three
 thousand  twelve-d of this article, of either effective or highly effec-
 tive in at least three of the four preceding  years,  exclusive  of  any
 breaks in service; provided that, notwithstanding any other provision of
 this  section  to  the contrary, when a teacher or principal receives an
 effective or highly effective rating in each year of his or  her  proba-
 tionary  service  except he or she receives an ineffective rating in the
 final year of his or her probationary period, such teacher shall not  be
 eligible  for  tenure  but the board of education in its discretion, may
 extend  the  teacher's  probationary  period  for  an  additional  year;
 provided,  however  that  if  such  teacher  or  principal  successfully
 appealed such ineffective rating, such teacher or principal shall  imme-
 diately  be  eligible for tenure if the rating resulting from the appeal
 established that such individual has been effective or highly  effective
 in at least three of the preceding four years and was not ineffective in
 the final year. At the expiration of the probationary period, the class-
 room  teacher  or building principal shall remain in probationary status
 until the end of the school year in which such teacher or principal  has
 received  such  ratings  of  effective  or highly effective for at least
 three of the four preceding school years, exclusive  of  any  breaks  in
 service,  during  which time a board of cooperative educational services
 shall consider whether to grant tenure for those classroom  teachers  or
 building  principals  who otherwise have been found competent, efficient
 and satisfactory. Provided,  however,  that  the  board  of  cooperative
 educational services may grant tenure contingent upon a classroom teach-
 er's  or  building  principal's receipt of a minimum rating in the final
 year of the probationary period, pursuant to the  requirements  of  this
 section,  and if such contingency is not met after all appeals have been
 exhausted, the grant of tenure shall be void and unenforceable  and  the
 teacher's  or principal's probationary period may be extended in accord-

 S. 5576--B                          4
 
 ance with this subdivision. Such persons  shall  hold  their  respective
 positions  during  good behavior and competent and efficient service and
 shall not be removed except for any of the  following  causes,  after  a
 hearing, as provided by section three thousand twenty-a or section three
 thousand  twenty-b of this article: (i) Insubordination, immoral charac-
 ter or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or
 neglect of duty; (iii) Failure to maintain certification as required  by
 this chapter and by the regulations of the commissioner. Each person who
 is  not to be so recommended for appointment on tenure shall be so noti-
 fied in writing by the district superintendent not later than sixty days
 immediately preceding the expiration of his or her probationary  period.
 PROVIDED THAT, AT THE EXPIRATION OF THE PROBATIONARY TERM OF A CLASSROOM
 TEACHER  OR BUILDING PRINCIPAL DESCRIBED HEREIN WHO WAS APPOINTED DURING
 THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN,  TWO  THOUSAND  EIGH-
 TEEN--TWO  THOUSAND  NINETEEN  AND  TWO  THOUSAND NINETEEN--TWO THOUSAND
 TWENTY SCHOOL YEARS, SUCH INDIVIDUAL SHALL BE ELIGIBLE FOR TENURE IF  HE
 OR SHE RECEIVED COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS
 PURSUANT  TO  SECTION  THREE THOUSAND TWELVE-C OR SECTION THREE THOUSAND
 TWELVE-D OF THIS ARTICLE OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE  IN  AT
 LEAST ONE OF THE FOUR PRECEDING YEARS AND DID NOT RECEIVE AN INEFFECTIVE
 RATING IN THE FINAL YEAR OF HIS OR HER PROBATIONARY PERIOD OR DURING THE
 MOST  RECENT  SCHOOL  YEAR WHERE A RATING WAS RECEIVED. ANY PROBATIONARY
 CLASSROOM TEACHER, HIRED DURING THE TWO  THOUSAND  TWENTY--TWO  THOUSAND
 TWENTY-ONE  SCHOOL  YEAR  WHO  WAS APPOINTED ON TENURE IN ANOTHER SCHOOL
 DISTRICT WITHIN THE STATE, THE SCHOOL DISTRICT WHERE CURRENTLY EMPLOYED,
 BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR STATE SCHOOL FOR THE  BLIND
 OR  DEAF  AND  WHO  WAS NOT DISMISSED FROM SUCH DISTRICT, BOARD OR STATE
 SCHOOL FOR THE BLIND OR DEAF AS A RESULT OF CHARGES BROUGHT PURSUANT  TO
 SUBDIVISION  ONE  OF  SECTION  THREE  THOUSAND TWENTY-A OR SECTION THREE
 THOUSAND TWENTY-B OF THIS ARTICLE, SUCH TEACHER, SHALL BE APPOINTED  FOR
 A  PROBATIONARY  PERIOD  OF THREE YEARS; PROVIDED THAT, IN THE CASE OF A
 CLASSROOM TEACHER SUCH INDIVIDUAL DEMONSTRATES THAT HE OR  SHE  RECEIVED
 AN  ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEW RATING PURSUANT TO SECTION
 THREE THOUSAND TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS ARTI-
 CLE IN THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN OR TWO THOUSAND
 EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR. ANY PROBATIONARY  CLASSROOM
 TEACHERS  OR  BUILDING  PRINCIPALS  DESCRIBED  HEREIN WHO WERE APPOINTED
 DURING THE TWO THOUSAND  TWENTY--TWO  THOUSAND  TWENTY-ONE  SCHOOL  YEAR
 SHALL  BE ELIGIBLE FOR TENURE AT THE EXPIRATION OF HIS OR HER PROBATION-
 ARY PERIOD IF HE OR SHE RECEIVED COMPOSITE ANNUAL PROFESSIONAL  PERFORM-
 ANCE  REVIEW  RATINGS  PURSUANT  TO  SECTION  THREE THOUSAND TWELVE-C OR
 SECTION THREE THOUSAND TWELVE-D OF THIS ARTICLE OF EITHER  EFFECTIVE  OR
 HIGHLY EFFECTIVE IN AT LEAST TWO OF THE FOUR PRECEDING YEARS AND DID NOT
 RECEIVE AN INEFFECTIVE RATING IN THE FINAL YEAR OF HIS OR HER PROBATION-
 ARY  PERIOD,  OR  DURING  THE MOST RECENT SCHOOL YEAR WHERE A RATING WAS
 RECEIVED.
   § 4. Paragraph b of subdivision 2 of section  2509  of  the  education
 law,  as added by section 2 of subpart D of part EE of chapter 56 of the
 laws of 2015, is amended to read as follows:
   b. For persons appointed on or after July first, two thousand fifteen,
 at the expiration of the probationary term of any persons appointed  for
 such  term,  or  within  six months prior thereto, the superintendent of
 schools shall make a written report to the board of education recommend-
 ing for appointment on tenure those persons who have been  found  compe-
 tent,  efficient and satisfactory and in the case of a classroom teacher
 or building principal, who have received annual professional performance

 S. 5576--B                          5
 
 review ratings pursuant to section three thousand  twelve-c  or  section
 three  thousand  twelve-d of this chapter, of either effective or highly
 effective in at least three of the four preceding  years,  exclusive  of
 any   breaks  in  service;  provided  that,  notwithstanding  any  other
 provision of this section to the contrary, when a teacher  or  principal
 receives  an effective or highly effective rating in each year of his or
 her probationary service except he or she receives an ineffective rating
 in the final year of his or her probationary  period,  such  teacher  or
 principal shall not be eligible for tenure but the board of education in
 its  discretion,  may  extend  the  teacher's probationary period for an
 additional year; provided, however, that if such  teacher  or  principal
 successfully appealed such ineffective rating, such teacher or principal
 shall  immediately  be  eligible for tenure if the rating resulting from
 the appeal established that such individual has been effective or highly
 effective in at least three of the preceding  four  years  and  was  not
 ineffective  in  the final year. By a majority vote, the board of educa-
 tion may then appoint on tenure any or all of the persons recommended by
 the superintendent of schools. At the  expiration  of  the  probationary
 period,  the  classroom  teacher  or  building principal shall remain in
 probationary status until the end of  the  school  year  in  which  such
 teacher  or  principal  has received such ratings of effective or highly
 effective for at least three of the four preceding school  years  exclu-
 sive  of  any  breaks in service and subject to the terms hereof, during
 which time a board of education shall consider whether to  grant  tenure
 for  those  classroom teachers or building principals who otherwise have
 been found competent, efficient  and  satisfactory.  Provided,  however,
 that the board of education may grant tenure contingent upon a classroom
 teacher's  or  building  principal's  receipt of a minimum rating in the
 final year of the probationary period, pursuant to the  requirements  of
 this  section, and if such contingency is not met after all appeals have
 been exhausted, the grant of tenure shall be void and unenforceable  and
 the  teacher's  or  principal's  probationary  period may be extended in
 accordance with this subdivision. Such persons who have been recommended
 for tenure and all others  employed  in  the  teaching  service  of  the
 schools  of  such  school district who have served the full probationary
 period as extended pursuant to this subdivision shall hold their respec-
 tive positions during good behavior and efficient and competent service,
 and shall not be removable except for cause after a hearing as  provided
 by section three thousand twenty-a or section three thousand twenty-b of
 this  chapter.  Failure  to  maintain  certification as required by this
 chapter and the regulations of the commissioner shall  constitute  cause
 for  removal.  PROVIDED THAT, AT THE EXPIRATION OF THE PROBATIONARY TERM
 OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL DESCRIBED  HEREIN  WHO  WAS
 APPOINTED  DURING THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN, TWO
 THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN AND TWO THOUSAND  NINETEEN--TWO
 THOUSAND  TWENTY  SCHOOL  YEARS,  SUCH  INDIVIDUAL SHALL BE ELIGIBLE FOR
 TENURE IF HE OR SHE RECEIVED COMPOSITE ANNUAL  PROFESSIONAL  PERFORMANCE
 REVIEW  RATINGS  PURSUANT  TO SECTION THREE THOUSAND TWELVE-C OR SECTION
 THREE THOUSAND TWELVE-D OF THIS CHAPTER OF EITHER  EFFECTIVE  OR  HIGHLY
 EFFECTIVE  IN  AT  LEAST  ONE  OF  THE  FOUR PRECEDING YEARS AND DID NOT
 RECEIVE AN INEFFECTIVE RATING IN THE FINAL YEAR OF HIS OR HER PROBATION-
 ARY PERIOD OR DURING THE MOST RECENT SCHOOL  YEAR  WHERE  A  RATING  WAS
 RECEIVED.  ANY PROBATIONARY CLASSROOM TEACHER HIRED DURING THE TWO THOU-
 SAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR WHO  WAS  APPOINTED  ON
 TENURE  IN ANOTHER SCHOOL DISTRICT WITHIN THE STATE, THE SCHOOL DISTRICT
 WHERE CURRENTLY EMPLOYED, BOARD OF COOPERATIVE EDUCATIONAL  SERVICES  OR

 S. 5576--B                          6
 
 STATE  SCHOOL  FOR THE BLIND OR DEAF AND WHO WAS NOT DISMISSED FROM SUCH
 DISTRICT, BOARD OR STATE SCHOOL FOR THE BLIND OR DEAF  AS  A  RESULT  OF
 CHARGES  BROUGHT  PURSUANT  TO SUBDIVISION ONE OF SECTION THREE THOUSAND
 TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF THIS CHAPTER, SUCH TEACH-
 ER,  SHALL  BE  APPOINTED  FOR  A  PROBATIONARY  PERIOD  OF THREE YEARS;
 PROVIDED THAT, IN THE CASE OF A CLASSROOM TEACHER SUCH INDIVIDUAL DEMON-
 STRATES THAT HE OR  SHE  RECEIVED  AN  ANNUAL  PROFESSIONAL  PERFORMANCE
 REVIEW  RATING  PURSUANT  TO  SECTION THREE THOUSAND TWELVE-C OR SECTION
 THREE THOUSAND TWELVE-D OF THIS CHAPTER IN THE TWO THOUSAND  SEVENTEEN--
 TWO  THOUSAND  EIGHTEEN  OR TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN
 SCHOOL YEAR. ANY PROBATIONARY CLASSROOM TEACHERS OR BUILDING  PRINCIPALS
 DESCRIBED  HEREIN WHO WERE APPOINTED DURING THE TWO THOUSAND TWENTY--TWO
 THOUSAND TWENTY-ONE SCHOOL YEAR SHALL BE  ELIGIBLE  FOR  TENURE  AT  THE
 EXPIRATION  OF  HIS  OR  HER  PROBATIONARY  PERIOD IF THEY HAVE RECEIVED
 COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE  REVIEW  RATINGS  PURSUANT  TO
 SECTION  THREE  THOUSAND  TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF
 THIS CHAPTER OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST TWO  OF
 THE  FOUR  PRECEDING  YEARS AND DID NOT RECEIVE AN INEFFECTIVE RATING IN
 THE FINAL YEAR OF HIS OR HER PROBATIONARY PERIOD,  OR  DURING  THE  MOST
 RECENT SCHOOL YEAR WHERE A RATING WAS RECEIVED.
   § 5. Subparagraph ii of paragraph (a) of subdivision 1 of section 2573
 of the education law, as amended by section 3 of subpart D of part EE of
 chapter 56 of the laws of 2015, is amended to read as follows:
   ii.  Teachers and all other members of the teaching staff appointed on
 or after July first, two thousand  fifteen  and  authorized  by  section
 twenty-five  hundred  fifty-four  of this article, shall be appointed by
 the board of education, upon the recommendation of the superintendent of
 schools, for a probationary period of four years,  except  that  in  the
 case  of  a  teacher  who has rendered satisfactory service as a regular
 substitute for a period of two years and, if a  classroom  teacher,  has
 received annual professional performance review ratings in each of those
 years, or has rendered satisfactory service as a seasonally licensed per
 session teacher of swimming in day schools who has served in that capac-
 ity  for  a period of two years and has been appointed to teach the same
 subject in day schools  on  an  annual  salary,  the  teacher  shall  be
 appointed  for  a  probationary  period of two years; provided, however,
 that in the case of a teacher who has been appointed on tenure in anoth-
 er school district within the state, the school district where currently
 employed, or a board of cooperative educational services,  and  who  was
 not dismissed from such district or board as a result of charges brought
 pursuant  to  subdivision  one  of  section  three  thousand twenty-a or
 section three thousand twenty-b of this chapter, the  teacher  shall  be
 appointed  for  a  probationary period of three years; provided that, in
 the case of a classroom teacher, the teacher demonstrates that he or she
 received an annual professional performance review  rating  pursuant  to
 section  three  thousand  twelve-c or section three thousand twelve-d of
 this chapter in his or her final year of service in  such  other  school
 district  or board of cooperative educational services; provided, howev-
 er, that in cities with a population of one million or more,  a  teacher
 appointed  under a newly created license, for teachers of reading and of
 the emotionally handicapped, to a position which the  teacher  has  held
 for at least two years prior to such appointment while serving on tenure
 in  another  license  area  who was not dismissed as a result of charges
 brought pursuant to subdivision one of section three  thousand  twenty-a
 or section three thousand twenty-b of this chapter, the teacher shall be
 appointed  for  a  probationary  period  of  two years. The service of a

 S. 5576--B                          7
 
 person appointed to any of such positions may  be  discontinued  at  any
 time  during  such  probationary  period,  on  the recommendation of the
 superintendent of schools, by a majority vote of the board of education.
 Each person who is not to be recommended for appointment on tenure shall
 be  so  notified  by  the superintendent of schools in writing not later
 than sixty days immediately preceding  the  expiration  of  his  or  her
 probationary  period.  In  all  city  school  districts  subject  to the
 provisions  of  this  article,  failure  to  maintain  certification  as
 required  by  this  article  and  by the regulations of the commissioner
 shall be cause for removal within the meaning  of  subdivision  five  of
 this section.  PROVIDED THAT, AT THE EXPIRATION OF THE PROBATIONARY TERM
 OF A CLASSROOM TEACHER DESCRIBED HEREIN WHO WAS APPOINTED DURING THE TWO
 THOUSAND  SEVENTEEN--TWO  THOUSAND  EIGHTEEN, TWO THOUSAND EIGHTEEN--TWO
 THOUSAND NINETEEN AND TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY  SCHOOL
 YEARS,  SUCH  INDIVIDUAL  SHALL  BE  ELIGIBLE  FOR  TENURE  IF HE OR SHE
 RECEIVED COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSU-
 ANT TO  SECTION  THREE  THOUSAND  TWELVE-C  OR  SECTION  THREE  THOUSAND
 TWELVE-D  OF  THIS CHAPTER OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT
 LEAST ONE OF THE FOUR PRECEDING YEARS AND DID NOT RECEIVE AN INEFFECTIVE
 RATING IN THE FINAL YEAR OF HIS OR HER PROBATIONARY PERIOD OR DURING THE
 MOST RECENT SCHOOL YEAR WHERE A RATING WAS  RECEIVED.  ANY  PROBATIONARY
 CLASSROOM  TEACHER  HIRED  DURING  THE TWO THOUSAND TWENTY--TWO THOUSAND
 TWENTY-ONE SCHOOL YEAR WHO WAS APPOINTED ON  TENURE  IN  ANOTHER  SCHOOL
 DISTRICT WITHIN THE STATE, THE SCHOOL DISTRICT WHERE CURRENTLY EMPLOYED,
 BOARD  OF COOPERATIVE EDUCATIONAL SERVICES OR STATE SCHOOL FOR THE BLIND
 OR DEAF AND WHO WAS NOT DISMISSED FROM SUCH  DISTRICT,  BOARD  OR  STATE
 SCHOOL  FOR THE BLIND OR DEAF AS A RESULT OF CHARGES BROUGHT PURSUANT TO
 SUBDIVISION ONE OF SECTION THREE  THOUSAND  TWENTY-A  OR  SECTION  THREE
 THOUSAND TWENTY-B OF THIS CHAPTER, SUCH TEACHER SHALL BE APPOINTED FOR A
 PROBATIONARY  PERIOD  OF  THREE  YEARS;  PROVIDED THAT, IN THE CASE OF A
 CLASSROOM TEACHER SUCH INDIVIDUAL DEMONSTRATES THAT HE OR  SHE  RECEIVED
 AN  ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEW RATING PURSUANT TO SECTION
 THREE THOUSAND TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS CHAP-
 TER IN THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN OR TWO THOUSAND
 EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR. ANY PROBATIONARY  CLASSROOM
 TEACHERS  DESCRIBED  HEREIN  WHO  WERE APPOINTED DURING THE TWO THOUSAND
 TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR SHALL BE ELIGIBLE FOR TENURE
 AT THE EXPIRATION OF  HIS  OR  HER  PROBATIONARY  PERIOD  IF  THEY  HAVE
 RECEIVED COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSU-
 ANT  TO  SECTION  THREE  THOUSAND  TWELVE-C  OR  SECTION  THREE THOUSAND
 TWELVE-D OF THIS CHAPTER OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE  IN  AT
 LEAST TWO OF THE FOUR PRECEDING YEARS AND DID NOT RECEIVE AN INEFFECTIVE
 RATING  IN  THE  FINAL YEAR OF HIS OR HER PROBATIONARY PERIOD, OR DURING
 THE MOST RECENT SCHOOL YEAR WHERE A RATING WAS RECEIVED.
   § 6.  Subparagraph ii of paragraph (b) of  subdivision  1  of  section
 2573  of  the  education  law,  as amended by chapter 345 of the laws of
 2019, is amended to read as follows:
   ii. Administrators, directors, supervisors, principals and  all  other
 members of the supervising staff, except executive directors, associate,
 assistant,   district   and  community  superintendents  and  examiners,
 appointed on or after July first, two thousand fifteen and authorized by
 section  twenty-five  hundred  fifty-four  of  this  article,  shall  be
 appointed  by  the  board  of  education, upon the recommendation of the
 superintendent or chancellor of schools, for a  probationary  period  of
 four  years  provided  that  such probationary period may be extended in
 accordance with paragraph (b)  of  subdivision  five  of  this  section;

 S. 5576--B                          8
 
 provided,  however,  that  in  the  case  of a principal, administrator,
 supervisor, or other member  of  the  supervising  staff  who  has  been
 appointed  on tenure pursuant to this chapter as an administrator within
 an  authorized  administrative  tenure  area  in another school district
 within the state, the school district where  currently  employed,  or  a
 board  of  cooperative  educational  services, and who was not dismissed
 from such district or board as a result of charges brought  pursuant  to
 subdivision  one  of  section  three  thousand twenty-a or section three
 thousand twenty-b of this chapter, the principal, administrator,  super-
 visor  or other member of the supervising staff shall be appointed for a
 probationary period of three years. The service of a person appointed to
 any of such positions may be discontinued at any time during the  proba-
 tionary  period  on the recommendation of the superintendent of schools,
 by a majority vote of the board of education.   PROVIDED  THAT,  AT  THE
 EXPIRATION  OF  THE  PROBATIONARY TERM OF A BUILDING PRINCIPAL DESCRIBED
 HEREIN WHO WAS APPOINTED DURING THE TWO THOUSAND SEVENTEEN--TWO THOUSAND
 EIGHTEEN, TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN AND TWO  THOUSAND
 NINETEEN--TWO  THOUSAND  TWENTY  SCHOOL  YEARS, SUCH INDIVIDUAL SHALL BE
 ELIGIBLE FOR TENURE IF HE OR SHE RECEIVED COMPOSITE ANNUAL  PROFESSIONAL
 PERFORMANCE  REVIEW  RATINGS PURSUANT TO SECTION THREE THOUSAND TWELVE-C
 OR SECTION THREE THOUSAND TWELVE-D OF THIS CHAPTER OF  EITHER  EFFECTIVE
 OR  HIGHLY EFFECTIVE IN AT LEAST ONE OF THE FOUR PRECEDING YEARS AND DID
 NOT RECEIVE AN INEFFECTIVE RATING IN THE FINAL YEAR OF HIS OR HER PROBA-
 TIONARY PERIOD OR DURING THE MOST RECENT SCHOOL YEAR WHERE A RATING  WAS
 RECEIVED. ANY PROBATIONARY BUILDING PRINCIPALS DESCRIBED HEREIN WHO WERE
 APPOINTED DURING THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL
 YEAR SHALL BE ELIGIBLE FOR TENURE AT THE EXPIRATION OF HIS OR HER PROBA-
 TIONARY  PERIOD  IF  THEY  HAVE  RECEIVED  COMPOSITE ANNUAL PROFESSIONAL
 PERFORMANCE REVIEW RATINGS PURSUANT TO SECTION THREE  THOUSAND  TWELVE-C
 OR  SECTION  THREE THOUSAND TWELVE-D OF THIS CHAPTER OF EITHER EFFECTIVE
 OR HIGHLY EFFECTIVE IN AT LEAST TWO OF THE FOUR PRECEDING YEARS AND  DID
 NOT RECEIVE AN INEFFECTIVE RATING IN THE FINAL YEAR OF HIS OR HER PROBA-
 TIONARY PERIOD, OR DURING THE MOST RECENT SCHOOL YEAR WHERE A RATING WAS
 RECEIVED.
   § 7. This act shall take effect immediately.