LBD17483-01-0
S. 7991 2
QUALITY RATING CATEGORIES: HIGHLY EFFECTIVE, EFFECTIVE, DEVELOPING AND
INEFFECTIVE, WITH EXPLICIT MINIMUM AND MAXIMUM SCORING RANGES FOR EACH
CATEGORY, AS PRESCRIBED IN THE REGULATIONS OF THE COMMISSIONER. SUCH
ANNUAL PROFESSIONAL PERFORMANCE REVIEWS SHALL RESULT IN A SINGLE COMPOS-
ITE TEACHER OR PRINCIPAL EFFECTIVENESS SCORE, WHICH INCORPORATES MULTI-
PLE MEASURES OF EFFECTIVENESS RELATED TO THE CRITERIA INCLUDED IN THE
REGULATIONS OF THE COMMISSIONER. EXCEPT FOR THE STUDENT GROWTH MEASURES
PRESCRIBED IN PARAGRAPHS E, F AND G OF THIS SUBDIVISION, THE ELEMENTS
COMPRISING THE COMPOSITE EFFECTIVENESS SCORE SHALL BE LOCALLY DEVELOPED,
CONSISTENT WITH THE STANDARDS PRESCRIBED IN THE REGULATIONS OF THE
COMMISSIONER, THROUGH NEGOTIATIONS CONDUCTED, PURSUANT TO THE REQUIRE-
MENTS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
B. ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED BY SCHOOL
DISTRICTS ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN OF CLASSROOM
TEACHERS OF COMMON BRANCH SUBJECTS OR ENGLISH LANGUAGE ARTS OR MATHEMAT-
ICS IN GRADES FOUR TO EIGHT AND ALL BUILDING PRINCIPALS OF SCHOOLS IN
WHICH SUCH TEACHERS ARE EMPLOYED SHALL BE CONDUCTED PURSUANT TO THIS
SUBDIVISION AND SHALL USE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL
YEAR STUDENT DATA AS THE BASELINE FOR THE INITIAL COMPUTATION OF THE
COMPOSITE TEACHER OR PRINCIPAL EFFECTIVENESS SCORE FOR SUCH CLASSROOM
TEACHERS AND PRINCIPALS.
C. ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED BY SCHOOL
DISTRICTS OR BOARDS OF COOPERATIVE EDUCATIONAL SERVICES ON OR AFTER JULY
FIRST, TWO THOUSAND TWELVE OF ALL CLASSROOM TEACHERS AND ALL BUILDING
PRINCIPALS SHALL BE CONDUCTED PURSUANT TO THIS SUBDIVISION AND SHALL USE
TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR STUDENT DATA AS THE
BASELINE FOR THE INITIAL COMPUTATION OF THE COMPOSITE TEACHER OR PRINCI-
PAL EFFECTIVENESS SCORE FOR SUCH CLASSROOM TEACHERS AND PRINCIPALS. FOR
PURPOSES OF THIS SECTION, AN ADMINISTRATOR IN CHARGE OF AN INSTRUCTIONAL
PROGRAM OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE DEEMED
TO BE A BUILDING PRINCIPAL.
D. PRIOR TO ANY EVALUATION BEING CONDUCTED IN ACCORDANCE WITH THIS
SECTION, EACH INDIVIDUAL WHO IS RESPONSIBLE FOR CONDUCTING AN EVALUATION
OF A TEACHER OR BUILDING PRINCIPAL SHALL RECEIVE APPROPRIATE TRAINING IN
ACCORDANCE WITH THE REGULATIONS OF THE COMMISSIONER OF EDUCATION.
E. FOR ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED IN ACCORDANCE
WITH PARAGRAPH B OF THIS SUBDIVISION IN THE TWO THOUSAND ELEVEN--TWO
THOUSAND TWELVE SCHOOL YEAR, FORTY PERCENT OF THE COMPOSITE SCORE OF
EFFECTIVENESS SHALL BE BASED ON STUDENT ACHIEVEMENT MEASURES AS FOLLOWS:
(I) TWENTY PERCENT OF THE EVALUATION SHALL BE BASED UPON STUDENT GROWTH
DATA ON STATE ASSESSMENTS AS PRESCRIBED BY THE COMMISSIONER OR A COMPA-
RABLE MEASURE OF STUDENT GROWTH IF SUCH GROWTH DATA IS NOT AVAILABLE;
AND (II) TWENTY PERCENT SHALL BE BASED ON OTHER LOCALLY SELECTED MEAS-
URES OF STUDENT ACHIEVEMENT THAT ARE DETERMINED TO BE RIGOROUS AND
COMPARABLE ACROSS CLASSROOMS IN ACCORDANCE WITH THE REGULATIONS OF THE
COMMISSIONER AND AS ARE DEVELOPED LOCALLY IN A MANNER CONSISTENT WITH
PROCEDURES NEGOTIATED PURSUANT TO THE REQUIREMENTS OF ARTICLE FOURTEEN
OF THE CIVIL SERVICE LAW.
F. FOR ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED IN ACCORDANCE
WITH PARAGRAPH C OF THIS SUBDIVISION IN ANY SCHOOL YEAR PRIOR TO THE
FIRST SCHOOL YEAR FOR WHICH THE BOARD OF REGENTS HAS APPROVED USE OF A
VALUE-ADDED GROWTH MODEL, BUT NOT EARLIER THAN THE TWO THOUSAND TWELVE-
-TWO THOUSAND THIRTEEN SCHOOL YEAR, FORTY PERCENT OF THE COMPOSITE SCORE
OF EFFECTIVENESS SHALL BE BASED ON STUDENT ACHIEVEMENT MEASURES AS
FOLLOWS: (I) TWENTY PERCENT OF THE EVALUATION SHALL BE BASED UPON
STUDENT GROWTH DATA ON STATE ASSESSMENTS AS PRESCRIBED BY THE COMMIS-
S. 7991 3
SIONER OR A COMPARABLE MEASURE OF STUDENT GROWTH IF SUCH GROWTH DATA IS
NOT AVAILABLE; AND (II) TWENTY PERCENT SHALL BE BASED ON OTHER LOCALLY
SELECTED MEASURES OF STUDENT ACHIEVEMENT THAT ARE DETERMINED TO BE
RIGOROUS AND COMPARABLE ACROSS CLASSROOMS IN ACCORDANCE WITH THE REGU-
LATIONS OF THE COMMISSIONER AND AS ARE DEVELOPED LOCALLY IN A MANNER
CONSISTENT WITH PROCEDURES NEGOTIATED PURSUANT TO THE REQUIREMENTS OF
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
G. FOR ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED IN ACCORDANCE
WITH PARAGRAPH C OF THIS SUBDIVISION IN THE FIRST SCHOOL YEAR FOR WHICH
THE BOARD OF REGENTS HAS APPROVED USE OF A VALUE-ADDED GROWTH MODEL AND
THEREAFTER, FORTY PERCENT OF THE COMPOSITE SCORE OF EFFECTIVENESS SHALL
BE BASED ON STUDENT ACHIEVEMENT MEASURES AS FOLLOWS: (I) TWENTY-FIVE
PERCENT OF THE EVALUATION SHALL BE BASED UPON STUDENT GROWTH DATA ON
STATE ASSESSMENTS AS PRESCRIBED BY THE COMMISSIONER OR A COMPARABLE
MEASURE OF STUDENT GROWTH IF SUCH GROWTH DATA IS NOT AVAILABLE; AND (II)
FIFTEEN PERCENT SHALL BE BASED ON OTHER LOCALLY SELECTED MEASURES OF
STUDENT ACHIEVEMENT THAT ARE DETERMINED TO BE RIGOROUS AND COMPARABLE
ACROSS CLASSROOMS IN ACCORDANCE WITH THE REGULATIONS OF THE COMMISSIONER
AND AS ARE LOCALLY DEVELOPED IN A MANNER CONSISTENT WITH PROCEDURES
NEGOTIATED PURSUANT TO THE REQUIREMENTS OF ARTICLE FOURTEEN OF THE CIVIL
SERVICE LAW. THE DEPARTMENT SHALL DEVELOP THE VALUE-ADDED GROWTH MODEL
AND SHALL CONSULT WITH THE ADVISORY COMMITTEE ESTABLISHED PURSUANT TO
SUBDIVISION SEVEN OF THIS SECTION PRIOR TO RECOMMENDING THAT THE BOARD
OF REGENTS APPROVE ITS USE IN EVALUATIONS.
H. THE REMAINING PERCENT OF THE EVALUATIONS, RATINGS AND EFFECTIVENESS
SCORES SHALL BE LOCALLY DEVELOPED, CONSISTENT WITH THE STANDARDS
PRESCRIBED IN THE REGULATIONS OF THE COMMISSIONER, THROUGH NEGOTIATIONS
CONDUCTED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
I. FOR PURPOSES OF THIS SECTION, STUDENT GROWTH MEANS THE CHANGE IN
STUDENT ACHIEVEMENT FOR AN INDIVIDUAL STUDENT BETWEEN TWO OR MORE POINTS
IN TIME.
3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXCUSE SCHOOL
DISTRICTS OR BOARDS OF COOPERATIVE EDUCATIONAL SERVICES FROM COMPLYING
WITH THE STANDARDS SET FORTH IN THE REGULATIONS OF THE COMMISSIONER FOR
CONDUCTING ANNUAL PROFESSIONAL PERFORMANCE REVIEWS OF CLASSROOM TEACHERS
OR PRINCIPALS, INCLUDING BUT NOT LIMITED TO REQUIRED QUALITY RATING
CATEGORIES, IN CONDUCTING EVALUATIONS PRIOR TO JULY FIRST, TWO THOUSAND
ELEVEN, OR, FOR CLASSROOM TEACHERS OR PRINCIPALS SUBJECT TO PARAGRAPH C
OF SUBDIVISION TWO OF THIS SECTION, PRIOR TO JULY FIRST, TWO THOUSAND
TWELVE.
4. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
UPON RATING A TEACHER OR A PRINCIPAL AS DEVELOPING OR INEFFECTIVE
THROUGH AN ANNUAL PROFESSIONAL PERFORMANCE REVIEW CONDUCTED PURSUANT TO
SUBDIVISION TWO OF THIS SECTION, THE SCHOOL DISTRICT OR BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES SHALL FORMULATE AND COMMENCE IMPLEMENTATION
OF A TEACHER OR PRINCIPAL IMPROVEMENT PLAN FOR SUCH TEACHER OR PRINCIPAL
AS SOON AS PRACTICABLE BUT IN NO CASE LATER THAN TEN DAYS AFTER THE DATE
ON WHICH TEACHERS ARE REQUIRED TO REPORT PRIOR TO THE OPENING OF CLASSES
FOR THE SCHOOL YEAR. SUCH IMPROVEMENT PLAN SHALL BE CONSISTENT WITH THE
REGULATIONS OF THE COMMISSIONER AND DEVELOPED LOCALLY THROUGH NEGOTI-
ATIONS CONDUCTED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
SUCH IMPROVEMENT PLAN SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, IDEN-
TIFICATION OF NEEDED AREAS OF IMPROVEMENT, A TIMELINE FOR ACHIEVING
IMPROVEMENT, THE MANNER IN WHICH IMPROVEMENT WILL BE ASSESSED, AND,
WHERE APPROPRIATE, DIFFERENTIATED ACTIVITIES TO SUPPORT A TEACHER'S OR
PRINCIPAL'S IMPROVEMENT IN THOSE AREAS.
S. 7991 4
5. AN APPEALS PROCEDURE SHALL BE LOCALLY ESTABLISHED IN EACH SCHOOL
DISTRICT AND IN EACH BOARD OF COOPERATIVE EDUCATIONAL SERVICES BY WHICH
THE EVALUATED TEACHER OR PRINCIPAL MAY ONLY CHALLENGE THE SUBSTANCE OF
THE ANNUAL PROFESSIONAL PERFORMANCE REVIEW, THE SCHOOL DISTRICT'S OR
BOARD OF COOPERATIVE EDUCATIONAL SERVICES' ADHERENCE TO THE STANDARDS
AND METHODOLOGIES REQUIRED FOR SUCH REVIEWS, PURSUANT TO THIS SECTION,
THE ADHERENCE TO THE REGULATIONS OF THE COMMISSIONER AND COMPLIANCE WITH
ANY APPLICABLE LOCALLY NEGOTIATED PROCEDURES, AS WELL AS THE SCHOOL
DISTRICT'S OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES' ISSUANCE AND/OR
IMPLEMENTATION OF THE TERMS OF THE TEACHER OR PRINCIPAL IMPROVEMENT
PLAN, AS REQUIRED UNDER THIS SECTION. THE SPECIFICS OF THE APPEAL PROCE-
DURE SHALL BE LOCALLY ESTABLISHED THROUGH NEGOTIATIONS CONDUCTED PURSU-
ANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. AN EVALUATION WHICH IS
THE SUBJECT OF AN APPEAL SHALL NOT BE SOUGHT TO BE OFFERED IN EVIDENCE
OR PLACED IN EVIDENCE IN ANY PROCEEDING CONDUCTED PURSUANT TO EITHER
SECTION THREE THOUSAND TWENTY-A OF THIS ARTICLE OR ANY LOCALLY NEGOTI-
ATED ALTERNATE DISCIPLINARY PROCEDURE, UNTIL THE APPEAL PROCESS IS
CONCLUDED.
6. FOR PURPOSES OF DISCIPLINARY PROCEEDINGS PURSUANT TO SECTIONS THREE
THOUSAND TWENTY AND THREE THOUSAND TWENTY-A OF THIS ARTICLE, A PATTERN
OF INEFFECTIVE TEACHING OR PERFORMANCE SHALL BE DEFINED TO MEAN TWO
CONSECUTIVE ANNUAL INEFFECTIVE RATINGS RECEIVED BY A CLASSROOM TEACHER
OR BUILDING PRINCIPAL PURSUANT TO ANNUAL PROFESSIONAL PERFORMANCE
REVIEWS CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
7. THE REGULATIONS ADOPTED PURSUANT TO THIS SECTION SHALL BE DEVELOPED
IN CONSULTATION WITH AN ADVISORY COMMITTEE CONSISTING OF REPRESENTATIVES
OF TEACHERS, PRINCIPALS, SUPERINTENDENTS OF SCHOOLS, SCHOOL BOARDS,
SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES OFFICIALS
AND OTHER INTERESTED PARTIES. THE REGULATIONS SHALL ALSO TAKE INTO
ACCOUNT ANY (I) PROFESSIONAL TEACHING STANDARDS; (II) STANDARDS FOR
PROFESSIONAL CONTEXTS; AND (III) STANDARDS FOR A CONTINUUM OF SYSTEM
SUPPORT FOR TEACHERS AND PRINCIPALS DEVELOPED IN CONSULTATION WITH THE
ADVISORY COMMITTEE. REGULATIONS PROMULGATED PURSUANT TO THIS SECTION
SHALL BE EFFECTIVE NO LATER THAN JULY FIRST, TWO THOUSAND ELEVEN, FOR
IMPLEMENTATION IN THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
YEAR.
8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, ALL COLLECTIVE BARGAINING AGREEMENTS APPLICABLE TO CLASS-
ROOM TEACHERS OR BUILDING PRINCIPALS ENTERED INTO AFTER JULY FIRST, TWO
THOUSAND TEN SHALL BE CONSISTENT WITH REQUIREMENTS OF THIS SECTION.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ABROGATE ANY CONFLICTING
PROVISIONS OF ANY COLLECTIVE BARGAINING AGREEMENT IN EFFECT ON JULY
FIRST, TWO THOUSAND TEN DURING THE TERM OF SUCH AGREEMENT AND UNTIL THE
ENTRY INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT, PROVIDED THAT
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON EXPIRA-
TION OF SUCH TERM AND THE ENTRY INTO A SUCCESSOR COLLECTIVE BARGAINING
AGREEMENT THE PROVISIONS OF THIS SECTION SHALL APPLY. FURTHERMORE, NOTH-
ING IN THIS SECTION OR IN ANY RULE OR REGULATION PROMULGATED HEREUNDER
SHALL IN ANY WAY, ALTER, IMPAIR OR DIMINISH THE RIGHTS OF A LOCAL
COLLECTIVE BARGAINING REPRESENTATIVE TO NEGOTIATE EVALUATION PROCEDURES
IN ACCORDANCE WITH ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW WITH THE
SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
S 2. Subdivisions 1 and 3 and paragraph a of subdivision 4 of section
3020 of the education law, subdivision 1 as added by chapter 691 of the
laws of 1994, subdivision 3 as added by chapter 3 of the laws of 2000
S. 7991 5
and paragraph a of subdivision 4 as added by section 1 of part J of
chapter 93 of the laws of 2002, are amended to read as follows:
1. No person enjoying the benefits of tenure shall be disciplined or
removed during a term of employment except for just cause and in accord-
ance with the procedures specified in section three thousand twenty-a of
this article or in accordance with alternate disciplinary procedures
contained in a collective bargaining agreement covering his or her terms
and conditions of employment that was effective on or before September
first, nineteen hundred ninety-four and has been unaltered by renegoti-
ation, or in accordance with alternative disciplinary procedures
contained in a collective bargaining agreement covering his or her terms
and conditions of employment that becomes effective on or after Septem-
ber first, nineteen hundred ninety-four; provided, however, that any
such alternate disciplinary procedures contained in a collective
bargaining agreement that becomes effective on or after September first,
nineteen hundred ninety-four, must provide for the written election by
the employee of either the procedures specified in such section three
thousand twenty-a or the alternative disciplinary procedures contained
in the collective bargaining agreement and must result in a disposition
of the disciplinary charge within the amount of time allowed therefor
under such section three thousand twenty-a; AND PROVIDED FURTHER THAT
ANY ALTERNATE DISCIPLINARY PROCEDURES CONTAINED IN A COLLECTIVE BARGAIN-
ING AGREEMENT THAT BECOMES EFFECTIVE ON OR AFTER JULY FIRST, TWO THOU-
SAND TEN SHALL PROVIDE FOR AN EXPEDITED HEARING PROCESS BEFORE A SINGLE
HEARING OFFICER IN ACCORDANCE WITH SUBPARAGRAPH (I-A) OF PARAGRAPH C OF
SUBDIVISION THREE OF SECTION THREE THOUSAND TWENTY-A OF THIS ARTICLE IN
CASES IN WHICH CHARGES OF INCOMPETENCE ARE BROUGHT BASED SOLELY UPON AN
ALLEGATION OF A PATTERN OF INEFFECTIVE TEACHING OR PERFORMANCE AS
DEFINED IN SECTION THREE THOUSAND TWELVE-C OF THIS ARTICLE AND SHALL
PROVIDE THAT SUCH A PATTERN OF INEFFECTIVE TEACHING OR PERFORMANCE SHALL
CONSTITUTE VERY SIGNIFICANT EVIDENCE OF INCOMPETENCE WHICH MAY FORM THE
BASIS FOR JUST CAUSE REMOVAL.
3. Notwithstanding any inconsistent provision of law, the procedures
set forth in section three thousand twenty-a of this article and subdi-
vision seven of section twenty-five hundred ninety-j of this chapter may
be modified or replaced by agreements negotiated between the city school
district of the city of New York and any employee organization repres-
enting employees or titles that are or were covered by any memorandum of
agreement executed by such city school district and the council of
supervisors and administrators of the city of New York on or after
December first, nineteen hundred ninety-nine. Where such procedures are
so modified or replaced: (i) compliance with such modification or
replacement procedures shall satisfy any provision in this chapter that
requires compliance with section three thousand twenty-a, (ii) any
employee against whom charges have been preferred prior to the effective
date of such modification or replacement shall continue to be subject to
the provisions of such section as in effect on the date such charges
were preferred, (iii) the provisions of subdivisions one and two of this
section shall not apply to agreements negotiated pursuant to this subdi-
vision, and (iv) in accordance with paragraph (e) of subdivision one of
section two hundred nine-a of the civil service law, such modification
or replacement procedures contained in an agreement negotiated pursuant
to this subdivision shall continue as terms of such agreement after its
expiration until a new agreement is negotiated; PROVIDED THAT ANY ALTER-
NATE DISCIPLINARY PROCEDURES CONTAINED IN A COLLECTIVE BARGAINING AGREE-
MENT THAT BECOMES EFFECTIVE ON OR AFTER JULY FIRST, TWO THOUSAND TEN
S. 7991 6
SHALL PROVIDE FOR AN EXPEDITED HEARING PROCESS BEFORE A SINGLE HEARING
OFFICER IN ACCORDANCE WITH SUBPARAGRAPH (I-A) OF PARAGRAPH C OF SUBDIVI-
SION THREE OF SECTION THREE THOUSAND TWENTY-A OF THIS ARTICLE IN CASES
IN WHICH CHARGES OF INCOMPETENCE ARE BROUGHT AGAINST A BUILDING PRINCI-
PAL BASED SOLELY UPON AN ALLEGATION OF A PATTERN OF INEFFECTIVE TEACHING
OR PERFORMANCE AS DEFINED IN SECTION THREE THOUSAND TWELVE-C OF THIS
ARTICLE AND SHALL PROVIDE THAT SUCH A PATTERN OF INEFFECTIVE TEACHING OR
PERFORMANCE SHALL CONSTITUTE VERY SIGNIFICANT EVIDENCE OF INCOMPETENCE
WHICH MAY FORM THE BASIS FOR JUST CAUSE REMOVAL OF THE BUILDING PRINCI-
PAL. Notwithstanding any inconsistent provision of law, the commission-
er [of education] shall review any appeals authorized by such modifica-
tion or replacement procedures within fifteen days from receipt by such
commissioner of the record of prior proceedings in the matter subject to
appeal. Such review shall have preference over all other appeals or
proceedings pending before such commissioner.
a. Notwithstanding any inconsistent provision of law, the procedures
set forth in section three thousand twenty-a of this article and subdi-
vision seven of section twenty-five hundred ninety-j of this chapter may
be modified by agreements negotiated between the city school district of
the city of New York and any employee organization representing employ-
ees or titles that are or were covered by any memorandum of agreement
executed by such city school district and the united federation of
teachers on or after June tenth, two thousand two. Where such proce-
dures are so modified: (i) compliance with such modified procedures
shall satisfy any provision of this chapter that requires compliance
with section three thousand twenty-a of this article; (ii) any employee
against whom charges have been preferred prior to the effective date of
such modification shall continue to be subject to the provisions of such
section as in effect on the date such charges were preferred; (iii) the
provisions of subdivisions one and two of this section shall not apply
to agreements negotiated pursuant to this subdivision, except that no
person enjoying the benefits of tenure shall be disciplined or removed
during a term of employment except for just cause; and (iv) in accord-
ance with paragraph (e) of subdivision one of section two hundred nine-a
of the civil service law, such modified procedures contained in an
agreement negotiated pursuant to this subdivision shall continue as
terms of such agreement after its expiration until a new agreement is
negotiated; AND PROVIDED FURTHER THAT ANY ALTERNATE DISCIPLINARY PROCE-
DURES CONTAINED IN A COLLECTIVE BARGAINING AGREEMENT THAT BECOMES EFFEC-
TIVE ON OR AFTER JULY FIRST, TWO THOUSAND TEN SHALL PROVIDE FOR AN EXPE-
DITED HEARING PROCESS BEFORE A SINGLE HEARING OFFICER IN ACCORDANCE WITH
SUBPARAGRAPH (I-A) OF PARAGRAPH C OF SUBDIVISION THREE OF SECTION THREE
THOUSAND TWENTY-A OF THIS ARTICLE IN CASES IN WHICH CHARGES OF INCOMPE-
TENCE ARE BROUGHT BASED SOLELY UPON AN ALLEGATION OF A PATTERN OF INEF-
FECTIVE TEACHING OR PERFORMANCE AS DEFINED IN SECTION THREE THOUSAND
TWELVE-C OF THIS ARTICLE AND SHALL PROVIDE THAT SUCH A PATTERN OF INEF-
FECTIVE TEACHING OR PERFORMANCE SHALL CONSTITUTE VERY SIGNIFICANT
EVIDENCE OF INCOMPETENCE WHICH MAY FORM THE BASIS FOR JUST CAUSE
REMOVAL.
S 3. Paragraph (c) of subdivision 2 of section 3020-a of the education
law, as amended by chapter 691 of the laws of 1994, is amended to read
as follows:
(c) Within ten days of receipt of the statement of charges, the
employee shall notify the clerk or secretary of the employing board in
writing whether he or she desires a hearing on the charges and when the
charges concern pedagogical incompetence or issues involving pedagogical
S. 7991 7
judgment, his or her choice of either a single hearing officer or a
three member panel, PROVIDED THAT A THREE MEMBER PANEL SHALL NOT BE
AVAILABLE WHERE THE CHARGES CONCERN PEDAGOGICAL INCOMPETENCE BASED SOLE-
LY UPON A TEACHER'S OR PRINCIPAL'S PATTERN OF INEFFECTIVE TEACHING OR
PERFORMANCE AS DEFINED IN SECTION THREE THOUSAND TWELVE-C OF THIS ARTI-
CLE. All other charges shall be heard by a single hearing officer.
S 4. Paragraph a of subdivision 3 of section 3020-a of the education
law, as amended by chapter 691 of the laws of 1994, is amended to read
as follows:
a. Notice of hearing. Upon receipt of a request for a hearing in
accordance with subdivision two of this section, the commissioner [of
education] shall forthwith notify the American Arbitration Association
(hereinafter "association") of the need for a hearing and shall request
the association to provide to the commissioner forthwith a list of names
of persons chosen by the association from the association's panel of
labor arbitrators to potentially serve as hearing officers together with
relevant biographical information on each arbitrator. Upon receipt of
said list and biographical information, the commissioner [of education]
shall forthwith send a copy of both simultaneously to the employing
board and the employee. THE COMMISSIONER SHALL ALSO SIMULTANEOUSLY
NOTIFY BOTH THE EMPLOYING BOARD AND THE EMPLOYEE OF EACH POTENTIAL HEAR-
ING OFFICER'S RECORD IN THE LAST FIVE CASES OF COMMENCING AND COMPLETING
HEARINGS WITHIN THE TIME PERIODS PRESCRIBED IN THIS SECTION.
S 5. Paragraph c of subdivision 3 of section 3020-a of the education
law is amended by adding a new subparagraph (i-a) to read as follows:
(I-A)(A) WHERE CHARGES OF INCOMPETENCE ARE BROUGHT BASED SOLELY UPON A
PATTERN OF INEFFECTIVE TEACHING OR PERFORMANCE OF A CLASSROOM TEACHER OR
PRINCIPAL, AS DEFINED IN SECTION THREE THOUSAND TWELVE-C OF THIS ARTI-
CLE, THE HEARING SHALL BE CONDUCTED BEFORE AND BY A SINGLE HEARING OFFI-
CER IN AN EXPEDITED HEARING, WHICH SHALL COMMENCE WITHIN SEVEN DAYS
AFTER THE PRE-HEARING CONFERENCE AND SHALL BE COMPLETED WITHIN SIXTY
DAYS AFTER THE PRE-HEARING CONFERENCE. THE HEARING OFFICER SHALL ESTAB-
LISH A HEARING SCHEDULE AT THE PRE-HEARING CONFERENCE TO ENSURE THAT THE
EXPEDITED HEARING IS COMPLETED WITHIN THE REQUIRED TIMEFRAMES AND TO
ENSURE AN EQUITABLE DISTRIBUTION OF DAYS BETWEEN THE EMPLOYING BOARD AND
THE CHARGED EMPLOYEE. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION
TO THE CONTRARY, NO ADJOURNMENTS MAY BE GRANTED THAT WOULD EXTEND THE
HEARING BEYOND SUCH SIXTY DAYS, EXCEPT AS AUTHORIZED IN THIS SUBPARA-
GRAPH. A HEARING OFFICER, UPON REQUEST, MAY GRANT A LIMITED AND TIME
SPECIFIC ADJOURNMENT THAT WOULD EXTEND THE HEARING BEYOND SUCH SIXTY
DAYS IF THE HEARING OFFICER DETERMINES THAT THE DELAY IS ATTRIBUTABLE TO
A CIRCUMSTANCE OR OCCURRENCE SUBSTANTIALLY BEYOND THE CONTROL OF THE
REQUESTING PARTY AND AN INJUSTICE WOULD RESULT IF THE ADJOURNMENT WERE
NOT GRANTED.
(B) SUCH CHARGES SHALL ALLEGE THAT THE EMPLOYING BOARD HAS DEVELOPED
AND SUBSTANTIALLY IMPLEMENTED A TEACHER OR PRINCIPAL IMPROVEMENT PLAN IN
ACCORDANCE WITH SUBDIVISION FOUR OF SECTION THREE THOUSAND TWELVE-C OF
THIS ARTICLE FOR THE EMPLOYEE FOLLOWING THE FIRST EVALUATION IN WHICH
THE EMPLOYEE WAS RATED INEFFECTIVE, AND THE IMMEDIATELY PRECEDING EVALU-
ATION IF THE EMPLOYEE WAS RATED DEVELOPING. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, A PATTERN OF INEFFECTIVE TEACHING OR
PERFORMANCE AS DEFINED IN SECTION THREE THOUSAND TWELVE-C OF THIS ARTI-
CLE SHALL CONSTITUTE VERY SIGNIFICANT EVIDENCE OF INCOMPETENCE FOR
PURPOSES OF THIS SECTION. NOTHING IN THIS SUBPARAGRAPH SHALL BE
CONSTRUED TO LIMIT THE DEFENSES WHICH THE EMPLOYEE MAY PLACE BEFORE THE
S. 7991 8
HEARING OFFICER IN CHALLENGING THE ALLEGATION OF A PATTERN OF INEFFEC-
TIVE TEACHING OR PERFORMANCE.
(C) THE COMMISSIONER SHALL ANNUALLY INFORM ALL HEARING OFFICERS WHO
HAVE HEARD CASES PURSUANT TO THIS SECTION DURING THE PRECEDING YEAR THAT
THE TIME PERIODS PRESCRIBED IN THIS SUBPARAGRAPH FOR CONDUCTING EXPE-
DITED HEARINGS ARE TO BE STRICTLY FOLLOWED. A RECORD OF CONTINUED FAIL-
URE TO COMMENCE AND COMPLETE EXPEDITED HEARINGS WITHIN THE TIME PERIODS
PRESCRIBED IN THIS SUBPARAGRAPH SHALL BE CONSIDERED GROUNDS FOR THE
COMMISSIONER TO EXCLUDE SUCH INDIVIDUAL FROM THE LIST OF POTENTIAL HEAR-
ING OFFICERS SENT TO THE EMPLOYING BOARD AND THE EMPLOYEE FOR SUCH EXPE-
DITED HEARINGS.
S 6. The education law is amended by adding a new section 211-e to
read as follows:
S 211-E. EDUCATIONAL PARTNERSHIP ORGANIZATIONS. 1. THE BOARD OF EDUCA-
TION OF A SCHOOL DISTRICT, AND THE CHANCELLOR OF THE CITY SCHOOL
DISTRICT OF THE CITY OF NEW YORK, SUBJECT TO THE APPROVAL OF THE COMMIS-
SIONER, SHALL BE AUTHORIZED TO CONTRACT, FOR A TERM OF UP TO FIVE YEARS,
WITH AN EDUCATIONAL PARTNERSHIP ORGANIZATION PURSUANT TO THIS SECTION TO
INTERVENE IN A SCHOOL DESIGNATED BY THE COMMISSIONER AS A PERSISTENTLY
LOWEST-ACHIEVING SCHOOL, CONSISTENT WITH FEDERAL REQUIREMENTS, OR A
SCHOOL UNDER REGISTRATION REVIEW.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, AND EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, SUCH
CONTRACT SHALL CONTAIN PROVISIONS AUTHORIZING THE EDUCATIONAL PARTNER-
SHIP ORGANIZATION TO ASSUME THE POWERS AND DUTIES OF THE SUPERINTENDENT
OF SCHOOLS FOR PURPOSES OF IMPLEMENTING THE EDUCATIONAL PROGRAM OF THE
SCHOOL, INCLUDING BUT NOT LIMITED TO, MAKING RECOMMENDATIONS TO THE
BOARD OF EDUCATION ON BUDGETARY DECISIONS, STAFFING POPULATION DECI-
SIONS, STUDENT DISCIPLINE DECISIONS, DECISIONS ON CURRICULUM AND DETER-
MINING THE DAILY SCHEDULE AND SCHOOL CALENDAR, ALL OF WHICH RECOMMENDA-
TIONS SHALL BE CONSISTENT WITH APPLICABLE COLLECTIVE BARGAINING
AGREEMENTS. SUCH CONTRACT SHALL INCLUDE DISTRICT PERFORMANCE EXPECTA-
TIONS AND/OR BENCHMARKS FOR SCHOOL OPERATIONS AND ACADEMIC OUTCOMES, AND
FAILURE TO MEET SUCH EXPECTATIONS OR BENCHMARKS MAY BE GROUNDS FOR
TERMINATION OF THE CONTRACT PRIOR TO THE EXPIRATION OF ITS TERM. SUCH
CONTRACT SHALL ALSO ADDRESS THE MANNER IN WHICH STUDENTS WILL BE
ASSIGNED TO THE SCHOOL, THE PROCESS FOR EMPLOYEES TO TRANSFER INTO THE
SCHOOL, THE SERVICES THAT THE DISTRICT WILL PROVIDE TO THE SCHOOL, AND
THE MANNER IN WHICH THE SCHOOL SHALL APPLY FOR AND RECEIVE ALLOCATIONAL
AND COMPETITIVE GRANTS.
3. THE BOARD OF EDUCATION SHALL RETAIN THE ULTIMATE DECISION-MAKING
AUTHORITY OVER THE HIRING, EVALUATING, TERMINATION, DISCIPLINING, GRANT-
ING OF TENURE, ASSIGNMENT OF EMPLOYEES SERVING IN THE SCHOOL AS WELL AS
WITH RESPECT TO STAFF DEVELOPMENT FOR THOSE EMPLOYEES, TOGETHER WITH
AUTHORITY CONCERNING ALL OTHER TERMS AND CONDITIONS OF EMPLOYMENT, ALL
OF WHICH DECISIONS SHALL BE MADE IN A MANNER CONSISTENT WITH APPLICABLE
COLLECTIVE BARGAINING AGREEMENTS. HOWEVER, NOTWITHSTANDING ANY LAW, RULE
OR REGULATION TO THE CONTRARY, UPON THE EFFECTIVE DATE OF THE CONTRACT,
THE EDUCATIONAL PARTNERSHIP ORGANIZATION SHALL BE AUTHORIZED TO EXERCISE
ALL POWERS OF A SUPERINTENDENT OF SCHOOLS WITH RESPECT TO SUCH EMPLOY-
MENT DECISIONS, INCLUDING BUT NOT LIMITED TO MAKING RECOMMENDATIONS, AS
APPLICABLE, TO THE BOARD OF EDUCATION IN CONNECTION WITH AND PRIOR TO
THE BOARD OF EDUCATION MAKING DECISIONS REGARDING STAFF ASSIGNMENTS, THE
HIRING, THE GRANTING OF TENURE, THE EVALUATING, THE DISCIPLINING AND
TERMINATION OF EMPLOYEES, AS WELL AS CONCERNING STAFF DEVELOPMENT. THE
EMPLOYEES ASSIGNED TO THE SCHOOL SHALL SOLELY BE IN THE EMPLOY OF THE
S. 7991 9
SCHOOL DISTRICT AND SHALL RETAIN THEIR TENURE RIGHTS AND ALL OTHER
EMPLOYMENT RIGHTS CONFERRED BY LAW, AND SERVICE IN THE SCHOOL SHALL
CONSTITUTE SERVICE TO THE SCHOOL DISTRICT FOR ALL PURPOSES, INCLUDING
BUT NOT LIMITED TO, THE REQUIREMENTS FOR CRIMINAL HISTORY RECORD CHECKS
AND PARTICIPATION IN PUBLIC RETIREMENT SYSTEMS. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, FOR PURPOSES OF ARTICLE FOURTEEN
OF THE CIVIL SERVICE LAW, EMPLOYEES IN THE SCHOOL SHALL BE PUBLIC
EMPLOYEES OF THE SCHOOL DISTRICT AS DEFINED IN SUBDIVISION SEVEN OF
SECTION TWO HUNDRED ONE OF THE CIVIL SERVICE LAW AND SHALL NOT BE DEEMED
EMPLOYEES OF THE EDUCATIONAL PARTNERSHIP ORGANIZATION BY REASON OF THE
POWERS GRANTED TO THE EDUCATIONAL PARTNERSHIP ORGANIZATION BY THIS
SECTION. ALL SUCH EMPLOYEES SHALL BE MEMBERS OF THE APPLICABLE NEGOTIAT-
ING UNIT CONTAINING LIKE TITLES OR POSITIONS FOR THE PUBLIC SCHOOL
DISTRICT IN WHICH SUCH SCHOOL IS LOCATED, AND SHALL BE COVERED BY THE
COLLECTIVE BARGAINING AGREEMENT COVERING THAT PUBLIC SCHOOL DISTRICT'S
NEGOTIATING UNIT, EXCEPT THAT THE DULY RECOGNIZED OR CERTIFIED COLLEC-
TIVE BARGAINING REPRESENTATIVE FOR THAT NEGOTIATING UNIT MAY MODIFY OR
SUPPLEMENT, IN WRITING, THE COLLECTIVE BARGAINING AGREEMENT IN CONSULTA-
TION WITH THE EMPLOYEES OF THE NEGOTIATING UNIT WORKING IN THE SCHOOL.
ALL SUCH MODIFICATIONS OF, OR SUPPLEMENTS TO THE COLLECTIVE BARGAINING
AGREEMENT ARE SUBJECT TO RATIFICATION BY THE EMPLOYEES EMPLOYED WITHIN
THE SCHOOL AND BY THE BOARD OF EDUCATION OF THE PUBLIC SCHOOL DISTRICT,
CONSISTENT WITH ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. UPON THE
EFFECTIVE DATE OF THE SCHOOL DISTRICT'S CONTRACT WITH THE EDUCATIONAL
PARTNERSHIP ORGANIZATION, THE EDUCATIONAL PARTNERSHIP ORGANIZATION SHALL
BE EMPOWERED TO MAKE RECOMMENDATIONS TO THE BOARD OF EDUCATION WITH
RESPECT TO THE SCOPE OF, AND PROCESS FOR MAKING MODIFICATIONS AND ADDI-
TIONS TO THE COLLECTIVE BARGAINING AGREEMENT.
4. WHERE A RECOMMENDATION IS MADE BY THE EDUCATIONAL PARTNERSHIP
ORGANIZATION TO THE BOARD OF EDUCATION PURSUANT TO SUBDIVISION TWO OR
THREE OF THIS SECTION, AND SUCH RECOMMENDATION IS DENIED, THE BOARD OF
EDUCATION SHALL STATE ITS REASONS FOR THE DENIAL, WHICH SHALL INCLUDE AN
EXPLANATION OF HOW SUCH DENIAL WILL PROMOTE IMPROVEMENT OF STUDENT
ACHIEVEMENT IN THE SCHOOL AND HOW SUCH ACTION IS CONSISTENT WITH ALL
ACCOUNTABILITY PLANS APPROVED BY THE COMMISSIONER FOR THE SCHOOL AND THE
SCHOOL DISTRICT. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO
PREVENT A BOARD OF EDUCATION FROM DENYING A RECOMMENDATION OF THE EDUCA-
TIONAL PARTNERSHIP ORGANIZATION BASED UPON THE BOARD OF EDUCATION'S
DETERMINATION THAT CARRYING OUT SUCH RECOMMENDATION WOULD RESULT IN A
VIOLATION OF LAW OR VIOLATION OF THE TERMS OF AN APPLICABLE COLLECTIVE
BARGAINING AGREEMENT. IF THE BOARD OF EDUCATION REJECTS A RECOMMENDATION
OF THE EDUCATIONAL PARTNERSHIP ORGANIZATION TO TERMINATE A PROBATIONARY
EMPLOYEE ASSIGNED TO THE SCHOOL OR TO DENY TENURE TO AN EMPLOYEE
ASSIGNED TO THE SCHOOL, IT SHALL BE THE DUTY OF THE BOARD OF EDUCATION
TO TRANSFER SUCH EMPLOYEE TO ANOTHER POSITION IN THE SCHOOL DISTRICT
WITHIN SUCH EMPLOYEE'S TENURE AREA FOR WHICH THE EMPLOYEE IS QUALIFIED,
OR TO CREATE SUCH A POSITION.
5. FOR PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE THE
FOLLOWING MEANINGS:
(I) "EDUCATIONAL PARTNERSHIP ORGANIZATION" MEANS A BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES, A PUBLIC OR INDEPENDENT, NON-PROFIT INSTITU-
TION OF HIGHER EDUCATION, A CULTURAL INSTITUTION, OR A PRIVATE, NON-PRO-
FIT ORGANIZATION WITH A PROVEN RECORD OF SUCCESS IN INTERVENING IN
LOW-PERFORMING SCHOOLS, AS DETERMINED BY THE COMMISSIONER, PROVIDED THAT
SUCH TERM SHALL NOT INCLUDE A CHARTER SCHOOL;
S. 7991 10
(II) "BOARD OF EDUCATION" MEANS THE TRUSTEES OR BOARD OF EDUCATION OF
A SCHOOL DISTRICT, OR, IN THE CASE OF A CITY SCHOOL DISTRICT OF A CITY
HAVING A POPULATION OF ONE MILLION OR MORE, THE CHANCELLOR OF SUCH CITY
DISTRICT;
(III) "SCHOOL DISTRICT" MEANS A COMMON, UNION FREE, CENTRAL, CENTRAL
HIGH SCHOOL OR CITY SCHOOL DISTRICT, OTHER THAN A SPECIAL ACT SCHOOL
DISTRICT AS DEFINED IN SECTION FOUR THOUSAND ONE OF THIS CHAPTER.
(IV) "SUPERINTENDENT OF SCHOOLS" MEANS THE SUPERINTENDENT OF SCHOOLS
OF A SCHOOL DISTRICT, AND, IN THE CASE OF A CITY SCHOOL DISTRICT OF A
CITY HAVING A POPULATION OF ONE MILLION OR MORE, A COMMUNITY SUPERINTEN-
DENT AND THE CHANCELLOR OF SUCH CITY DISTRICT WHEN ACTING IN THE ROLE OF
A SUPERINTENDENT OF SCHOOLS.
S 7. This act shall take effect immediately; provided however that the
provisions of sections one, two, three, four and five of this act shall
take effect July 1, 2010, provided, further, if this act shall become a
law after such date it shall take effect immediately and shall be deemed
to have been in full force and effect on and after July 1, 2010.