S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5497
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 12, 2019
                                ___________
 
 Introduced  by M. of A. TAGUE -- read once and referred to the Committee
   on Education
 
 AN ACT to amend the education law, in relation  to  annual  professional
   performance  review  of classroom teachers and building principals and
   to reducing the probationary period for assistants  and  other  super-
   intendents,  teachers  and  other  employees;  and  to  repeal certain
   provisions of the education law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 3012-c of the education law is REPEALED.
   § 2. Section 3012-d of the education law is REPEALED.
   §  3.  The  education law is amended by adding a new section 3012-b to
 read as follows:
   § 3012-B. ANNUAL PROFESSIONAL PERFORMANCE REVIEW OF CLASSROOM TEACHERS
 AND BUILDING PRINCIPALS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,
 RULE  OR REGULATION TO THE CONTRARY, THE ANNUAL PROFESSIONAL PERFORMANCE
 REVIEWS OF ALL CLASSROOM TEACHERS AND BUILDING  PRINCIPALS  EMPLOYED  BY
 SCHOOL  DISTRICTS OR BOARDS OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE
 CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
   2. ANNUAL PROFESSIONAL PERFORMANCE REVIEWS SHALL BE DETERMINED THROUGH
 COLLECTIVE BARGAINING.
   3. CLASSROOM TEACHERS AND  BUILDING  PRINCIPALS  SHALL  RECEIVE  FINAL
 ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEW  RATINGS OF EITHER: (I) HIGHLY
 EFFECTIVE; (II) EFFECTIVE; (III) DEVELOPING; OR  (IV)  INEFFECTIVE.  THE
 PROCESS  AND  PARAMETERS FOR DETERMINING EACH RATING SHALL BE DETERMINED
 BY THE SCHOOL DISTRICT OR  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES
 THROUGH COLLECTIVE BARGAINING.
   4.  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION TO
 THE CONTRARY  UNTIL  A  SUCCESSOR  COLLECTIVE  BARGAINING  AGREEMENT  IS
 ENTERED  INTO,  THE PROVISIONS OF THE COLLECTIVE BARGAINING AGREEMENT IN
 EFFECT ON THE EFFECTIVE DATE OF THIS SECTION RELATING TO ANNUAL  PROFES-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08670-02-9

 A. 5497                             2
 
 SIONAL  PERFORMANCE  REVIEWS  CONDUCTED PURSUANT TO FORMER SECTION THREE
 THOUSAND TWELVE-D OF THIS ARTICLE SHALL REMAIN IN EFFECT.
   5.   NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
 THE CONTRARY, ALL COLLECTIVE BARGAINING AGREEMENTS  ENTERED  INTO  AFTER
 THE EFFECTIVE DATE OF THIS SECTION SHALL BE CONSISTENT WITH THE REQUIRE-
 MENTS  OF THIS SECTION, UNLESS THE AGREEMENT RELATES TO THE TWO THOUSAND
 SEVENTEEN--TWO THOUSAND EIGHTEEN  SCHOOL  YEAR  ONLY.  NOTHING  IN  THIS
 SECTION SHALL BE CONSTRUED TO ABROGATE ANY CONFLICTING PROVISIONS OF ANY
 COLLECTIVE BARGAINING AGREEMENT IN EFFECT PRIOR TO THE EFFECTIVE DATE OF
 THIS  SECTION DURING THE TERM OF SUCH AGREEMENT AND UNTIL THE ENTRY INTO
 A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT, PROVIDED THAT NOTWITHSTAND-
 ING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON EXPIRATION OF  SUCH
 TERM  AND THE ENTRY INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT THE
 PROVISIONS OF THIS SECTION SHALL APPLY.
   § 4. Subdivisions 1 and 2 of section 2509 of the education law, subdi-
 vision 1 as amended by chapter 116 of the laws of 1971,  paragraphs  (a)
 and  (b)  of  subdivision 1 as amended by section 1 and subdivision 2 as
 amended by section 2 of subpart D of part EE of chapter 56 of  the  laws
 of 2015, are amended to read as follows:
   1.  (a)  i.  Teachers  and  all  other  members  of the teaching staff
 appointed prior to July first, two thousand fifteen  and  authorized  by
 section twenty-five hundred three of this article, shall be appointed by
 the board of education, upon the recommendation of the superintendent of
 schools,  for  a  probationary period of three years, except that in the
 case of a teacher who has rendered satisfactory  service  as  a  regular
 substitute  for  a  period  of two years or 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 probationary period
 shall be limited to one year; provided, however, that in the case  of  a
 teacher  who  has  been  appointed  on tenure 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 of this chapter, the
 probationary period shall not exceed two years. The service of a  person
 appointed  to  any  of  such  positions  may be discontinued at any time
 during such probationary period, on the  recommendation  of  the  super-
 intendent 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 probationary
 period.
   ii. Notwithstanding any other provision of law or  regulation  to  the
 contrary, 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 three 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] THREE 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  composite  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 capacity for a period  of  two  years  and  has  been
 appointed  to teach the same subject in day schools on an annual salary,

 A. 5497                             3
 
 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 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 teacher shall be appointed for a probationary period of [three]  TWO
 years; provided that 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] THREE THOUSAND
 TWELVE-B of this chapter in his or her final year  of  service  in  such
 other  school district or board of cooperative educational services. The
 service of a person appointed to any of such positions may be discontin-
 ued 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/her probationary period.
   (b)  i.  Administrators,  directors,  supervisors,  principals and all
 other members of the supervising staff, except associate, assistant  and
 other  superintendents  appointed  prior  to  July  first,  two thousand
 fifteen and authorized by section  twenty-five  hundred  three  of  this
 article,  shall  be appointed by the board of education, upon the recom-
 mendation of the superintendent of schools 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 probationary  period  on  the
 recommendation  of  the superintendent of schools, by a majority vote of
 the board of education.
   ii. Notwithstanding any other provision of law or  regulation  to  the
 contrary,  administrators,  directors,  supervisors,  principals and all
 other members of the supervising staff, except associate, assistant  and
 other  superintendents,  appointed  on or after July first, two thousand
 fifteen and authorized by section  twenty-five  hundred  three  of  this
 article,  shall  be appointed by the board of education, upon the recom-
 mendation of the superintendent of schools for a probationary period  of
 [four]  THREE  years.  The  service of a person appointed to any of such
 positions may be discontinued at any time during the probationary period
 on the recommendation of the superintendent of schools,  by  a  majority
 vote of the board of education.
   2.  a.  At  the  expiration  of  the  probationary term of any persons
 appointed for such term prior to July first, two  thousand  fifteen,  or
 within  six  months  prior  thereto, the superintendent of schools shall
 make a written  report  to  the  board  of  education  recommending  for
 appointment on tenure those persons who have been found competent, effi-
 cient  and  satisfactory.  By a majority vote the board of education may
 then appoint on tenure any or all of  the  persons  recommended  by  the
 superintendent  of  schools. Such persons and all others employed in the
 teaching service of the schools of such school district who have  served
 the  full  probationary  period  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 chap-
 ter. Failure to maintain certification as required by this  chapter  and
 the regulations of the commissioner shall constitute cause for removal.

 A. 5497                             4
 
   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
 review  ratings  pursuant to section [three thousand twelve-c or section
 three thousand twelve-d] THREE THOUSAND TWELVE-B  of  this  chapter,  of
 either  effective  or  highly  effective  in at least [three] TWO of the
 [four] THREE 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 high-
 ly 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 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] TWO of the preceding [four] THREE 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] TWO of the [four] THREE preceding  school
 years  exclusive of any breaks in service and subject to the terms here-
 of, 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 contin-
 gent 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 respective positions during good behavior and efficient and compe-
 tent service, and shall not be removable except for cause after a  hear-
 ing  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.
   § 5. Subdivision 1, paragraph (b) of subdivision 5, and paragraph  (b)
 of  subdivision 6 of section 2573 of the education law, subdivision 1 as
 amended, paragraph (b) of subdivision 5 and paragraph (b) of subdivision
 6 as added by section 3 of subpart D of part EE of  chapter  56  of  the
 laws of 2015, are amended to read as follows:

 A. 5497                             5
 
   1.  (a)  i.  Teachers  and  all  other  members of the teaching staff,
 appointed prior to 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 three years,
 except that in the case of  a  teacher  who  has  rendered  satisfactory
 service  as  a  regular  substitute  for  a  period of two years or as a
 seasonally licensed per session teacher of swimming in day  schools  who
 has  served  in  that  capacity  for  a period of two years and has been
 appointed to teach the same subject in day schools on an annual  salary,
 the probationary period shall be limited to one year; 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 probationary period
 shall  not  exceed  two  years; provided, however, 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 hand-
 icapped, 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 probationary period shall be one
 year. The service of a person appointed to any of such positions may  be
 discontinued  at any time during such probationary period, on the recom-
 mendation 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 city school  districts
 having  a  population  of  four  hundred  thousand or more, persons with
 licenses obtained as a result of examinations  announced  subsequent  to
 the twenty-second day of May, nineteen hundred sixty-nine appointed upon
 conditions that all announced requirements for the position be fulfilled
 within  a  specified period of time, shall not acquire tenure unless and
 until such requirements have been completed within  the  time  specified
 for the fulfillment of such requirements, notwithstanding the expiration
 of  any  probationary period. In all other 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.
   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] THREE 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

 A. 5497                             6
 
 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] TWO 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]
 THREE  THOUSAND  TWELVE-B  of  this  chapter in his or her final year of
 service in such other school district or  board  of  cooperative  educa-
 tional  services; provided, however, 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 posi-
 tion 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 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  subdivi-
 sion five of this section.
   (b)  i.  Administrators,  directors,  supervisors,  principals and all
 other members of the  supervising  staff,  except  executive  directors,
 associate, assistant, district and community superintendents and examin-
 ers,  appointed prior to 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
 three  years. The service of a person appointed to any of such positions
 may be discontinued at any time during the probationary  period  on  the
 recommendation  of  the superintendent of schools, by a majority vote of
 the board of education.
   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]  THREE  years  provided  that  such  probationary  period  may be
 extended in accordance with paragraph (b) of subdivision  five  of  this
 section.  The service of a person appointed to any of such positions may
 be discontinued at any time during the probationary period on the recom-
 mendation of the superintendent of schools, by a majority  vote  of  the
 board of education.

 A. 5497                             7
 
   (b)  At  the  expiration  of  the  probationary  term  of  any persons
 appointed for such term on or after July first,  two  thousand  fifteen,
 the  superintendent  of schools shall make a written report to the board
 of education recommending for permanent appointment  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] THREE THOU-
 SAND TWELVE-B of this chapter, of either effective or  highly  effective
 in  at  least [three] TWO of the [four] THREE 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 and/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] TWO of the preceding [four]  THREE  years.
 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] TWO of the
 [four] THREE preceding school years, exclusive 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 princi-
 pal'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 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 chapter. Failure  to
 maintain  certification  as required by this chapter and the regulations
 of the commissioner shall constitute cause for removal.
   (b) At  the  expiration  of  the  probationary  term  of  any  persons
 appointed  for  such  term on or after July first, two thousand fifteen,
 the superintendent of schools shall make a written report to  the  board
 of  education  recommending  for permanent appointment 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] THREE THOU-
 SAND  TWELVE-B  of this chapter, of either effective or highly effective
 in at least [three] TWO of the [four] THREE preceding  years,  exclusive

 A. 5497                             8
 
 of  any  breaks  in  service;  provided  that, notwithstanding any other
 provision of this section to the contrary, when a  teacher  receives  an
 effective  and/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  prin-
 cipal shall not be eligible for tenure but the board of education in its
 discretion,  may  extend  the teacher's probationary period for an addi-
 tional 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] TWO of the preceding  [four]  THREE  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] TWO of the [four] THREE preceding
 school years, exclusive 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 princi-
 pals who otherwise have been found competent,  efficient  and  satisfac-
 tory.  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 respective positions during good behavior and efficient and compe-
 tent service, and shall not be removable except for cause after a  hear-
 ing  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.
   § 6. Subparagraph ii of paragraph (a) of subdivision  1,  subparagraph
 ii of paragraph (b) of subdivision 1, and paragraph (b) of subdivision 2
 of section 3012 of the education law, as amended by section 4 of subpart
 D  of  part EE of chapter 56 of the laws of 2015, are amended to read as
 follows:
   ii. Teachers and all other members of the  teaching  staff  of  school
 districts,  including  common  school  districts and/or school districts
 employing fewer than eight teachers, other than city  school  districts,
 who are appointed on or after July first, two thousand fifteen, shall be
 appointed  by  the  board of education, or the trustees of common school
 districts, upon the recommendation of the superintendent of schools, for
 a probationary period of [four] THREE 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

 A. 5497                             9
 
 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 article, the teacher shall be
 appointed for a probationary period of [three] TWO 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]
 THREE  THOUSAND  TWELVE-B  of this [chapter] ARTICLE in his or her final
 year of service in such other school district or  board  of  cooperative
 educational  services.  The service of a person appointed to any of such
 positions may be discontinued at any time during such probationary peri-
 od, on the recommendation of the superintendent of schools, by a majori-
 ty vote of the board of education or the trustees  of  a  common  school
 district.
   ii.  Principals,  administrators, supervisors and all other members of
 the supervising staff  of  school  districts,  including  common  school
 districts  and/or  school districts employing fewer than eight teachers,
 other than city school districts, who are appointed  on  or  after  July
 first,  two  thousand fifteen, shall be appointed by the board of educa-
 tion, or the trustees of a common school district, upon the  recommenda-
 tion  of  the  superintendent  of  schools  for a probationary period of
 [four] THREE years. The service of a person appointed  to  any  of  such
 positions may be discontinued at any time during the probationary period
 on  the  recommendation  of the superintendent of schools, by a majority
 vote of the board of education  or  the  trustees  of  a  common  school
 district.
   (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] THREE THOU-
 SAND  TWELVE-B  of this article, of either effective or highly effective
 in at least [three] TWO of the [four] THREE 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  shall
 not  be  eligible  for  tenure  but  the  board  of  education,  in  its
 discretion, may extend the teacher's probationary period  for  an  addi-
 tional  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] TWO of the preceding [four] THREE 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

 A. 5497                            10
 
 such  teacher  or  principal  has  received such ratings of effective or
 highly effective for at least [three] TWO of the [four] THREE  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.
   § 7. Paragraph (b) of subdivision 1 and 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, are amended to read as
 follows:
   (b) Administrative assistants, supervisors,  teachers  and  all  other
 members  of  the  teaching and supervising staff of the board of cooper-
 ative educational services appointed on or after July first,  two  thou-
 sand  fifteen,  shall  be  appointed  by a majority vote of the board of
 cooperative educational services upon the recommendation of the district
 superintendent of schools for a probationary period  of  not  to  exceed
 [four] THREE years; provided, however, that in the case of a teacher who
 has  been appointed on tenure in a school district within the state, the
 board of cooperative educational services where currently  employed,  or
 another  board  of  cooperative  educational  services,  and who was not
 dismissed from such district or board as a  result  of  charges  brought
 pursuant  to  section  three thousand twenty-a or section three thousand
 twenty-b of this article, the teacher shall be appointed  for  a  proba-
 tionary  period  of  [three]  TWO years; provided that, in the case of a
 classroom teacher, the teacher demonstrates that he or  she  received  a
 composite  annual  professional  performance  review  rating pursuant to
 section [three thousand twelve-c or three thousand twelve-d] THREE THOU-
 SAND TWELVE-B of this [chapter] ARTICLE of either  effective  or  highly
 effective  in  his  or  her  final  year of service in such other school
 district or board of cooperative educational  services.  Services  of  a
 person  so  appointed  to  any such positions may be discontinued at any
 time during such probationary period, upon  the  recommendation  of  the
 district  superintendent, by a majority vote of the board of cooperative
 educational services.
   (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-

 A. 5497                            11
 
 pal,  who have received composite annual professional performance review
 ratings pursuant to section [three thousand twelve-c  or  section  three
 thousand  twelve-d]  THREE  THOUSAND TWELVE-B of this article, of either
 effective  or  highly  effective  in  at least [three] TWO of the [four]
 THREE preceding years, exclusive of  any  breaks  in  service;  provided
 that, notwithstanding any other provision of this section to the contra-
 ry,  when  a teacher or principal receives an effective or highly effec-
 tive 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 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]  TWO  of  the
 preceding  [four] THREE 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] TWO of the
 [four] THREE 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  build-
 ing  principals  who  otherwise have been found competent, efficient and
 satisfactory. Provided, however, that the board  of  cooperative  educa-
 tional  services  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 accord-
 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.
   § 8. This act shall take effect immediately.