S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5151
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by  M. of A. BENEDETTO, BRONSON -- read once and referred to
   the Committee on Education
 
 AN ACT to amend the education law, in relation  to  the  appointment  of
   teachers
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 2509 of the education law, as added by chapter  762
 of the laws of 1950, subdivision 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, subparagraph  ii  of  paragraph  (b)  of
 subdivision 1 as amended by chapter 345 of the laws of 2019, subdivision
 3  as  amended  by  chapter  680  of  the laws of 1983, subdivision 4 as
 amended by chapter 263 of the laws of 2005, subdivisions 5, 6 and  7  as
 renumbered  by  chapter  717  of  the laws of 1970, and subdivision 7 as
 added by chapter 859 of the laws of 1955, is amended to read as follows:
   § 2509. Appointment of assistant and other  superintendents,  teachers
 and  other  employees.  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 UP TO 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 UP TO 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]  REDUCED  PROPOR-
 TIONATELY  BASED  UPON THE LENGTH OF THE SATISFACTORY SERVICE; 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02612-01-1

 A. 5151                             2
 
 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 discon-
 tinued at any time during such probationary period, on  the  recommenda-
 tion  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 writ-
 ing  not  later  than sixty days immediately preceding the expiration of
 [his] THE 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 years,  except  that  in  the
 case  of  a  teacher  who has rendered satisfactory service as a regular
 substitute for a period of UP TO two years and, if a classroom  teacher,
 has  received  [composite] SATISFACTORY annual [professional performance
 review ratings] REVIEWS in each of those years, or has  rendered  satis-
 factory service as a seasonally licensed per session teacher of swimming
 in day schools who has served in that capacity for a period of UP TO two
 years and has been appointed to teach the same subject in day schools on
 an annual salary, the teacher shall be appointed [for] TO a probationary
 period  [of  two  years]  THAT IS REDUCED PROPORTIONATELY BASED UPON THE
 LENGTH OF THE SATISFACTORY SERVICE; 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 years; provided  that  the  teacher  demon-
 strates  that  [he  or  she]  THEY  received  [an] A SATISFACTORY annual
 [professional performance review rating pursuant to section three  thou-
 sand twelve-c or section three thousand twelve-d of this chapter] REVIEW
 in  [his  or  her]  THEIR  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  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]  THEIR
 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 posi-
 tions 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.

 A. 5151                             3
 
   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 years; provided, however, that in the case of a principal, adminis-
 trator, 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, adminis-
 trator, supervisor 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 probationary period on the recommendation of the super-
 intendent of schools, by a majority vote of the board of education.
   2. [a.](A) 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 TWENTY-ONE 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 UP TO TWO YEARS AND, IF A CLASSROOM  TEACHER,
 HAS  RECEIVED SATISFACTORY ANNUAL REVIEWS 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  UP  TO  TWO  YEARS  AND HAS BEEN APPOINTED TO TEACH THE SAME
 SUBJECT IN DAY SCHOOLS ON  AN  ANNUAL  SALARY,  SUCH  TEACHER  SHALL  BE
 APPOINTED  FOR  A  PROBATIONARY  PERIOD  THAT IS REDUCED PROPORTIONATELY
 BASED UPON THE LENGTH OF THE SATISFACTORY  SERVICE;  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, SUCH TEACHER SHALL BE
 APPOINTED FOR A PROBATIONARY PERIOD OF  TWO  YEARS;  PROVIDED  THAT  THE
 TEACHER  DEMONSTRATES THAT THEY RECEIVED A SATISFACTORY ANNUAL REVIEW IN
 THEIR FINAL YEAR OF SERVICE IN SUCH OTHER SCHOOL DISTRICT  OR  BOARD  OF
 COOPERATIVE  EDUCATIONAL  SERVICES. THE SERVICE OF A PERSON APPOINTED TO
 ANY SUCH POSITIONS MAY BE DISCONTINUED AT ANY TIME  DURING  SUCH  PROBA-
 TIONARY  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  IMME-
 DIATELY PRECEDING THE EXPIRATION OF THE PROBATIONARY PERIOD.
   (B)  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 TWENTY-
 ONE AND AUTHORIZED BY SECTION TWENTY-FIVE HUNDRED THREE OF THIS ARTICLE,

 A. 5151                             4
 
 SHALL BE APPOINTED BY THE BOARD OF EDUCATION, UPON THE RECOMMENDATION OF
 THE SUPERINTENDENT OF SCHOOLS FOR A PROBATIONARY PERIOD OF THREE  YEARS.
 THE  SERVICE  OF A PERSON APPOINTED TO ANY SUCH POSITIONS MAY BE DISCON-
 TINUED  AT ANY TIME DURING THE PROBATIONARY PERIOD ON THE RECOMMENDATION
 OF THE SUPERINTENDENT OF SCHOOLS, BY A MAJORITY VOTE  OF  THE  BOARD  OF
 EDUCATION.
   3.  (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.
   [b.]  (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 super-
 intendent of schools shall make a written report to the board of  educa-
 tion  recommending for appointment on tenure those persons who have been
 found competent, efficient and satisfactory and in the case of a  class-
 room teacher or building principal, who have received SATISFACTORY annu-
 al  [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] REVIEWS 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 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 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 education 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 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. 5151                             5

 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
 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.
   [3.] 4. Associate superintendents and all other  employees  authorized
 by  section  twenty-five hundred three of this article, except as other-
 wise provided in subdivision one of this section, shall be appointed  by
 the  board  of education, provided, however, that the board of education
 may enter into an employment contract with an associate,  assistant,  or
 other superintendent of schools for a period of from one to five years.
   [4.]  5.  Clerks,  draftsmen, inspectors, chemists, tabulating machine
 operators, secretaries, stenographers,  copyists,  statisticians,  jani-
 tors,  custodians,  custodian-engineers,  and  all  other administrative
 employees of a board of education, unless  otherwise  provided  in  this
 chapter,  shall  be  appointed for a probationary period provided in the
 civil service law and regulations based thereon. The service of a person
 appointed to any of such positions may be discontinued by the  board  of
 education  at any time during such probationary period. Such persons and
 all others employed in the administrative service of the board of educa-
 tion who have served the  full  probationary  period  shall  hold  their
 respective  positions  during  good behavior and efficient and competent
 service, and shall not be removed except for cause after  a  hearing  by
 the affirmative vote of a majority of the board.
   [5.]  6.  No  principal,  supervisor,  director,  or  teacher shall be
 appointed to the teaching force of such city school  district  who  does
 not  possess  qualifications  required  under this chapter and under the
 regulations prescribed by the commissioner of education for the  persons
 employed  in  such positions in the schools of the city school districts
 of the state, but a board of education may prescribe additional or high-
 er qualifications for the persons employed in any of such positions.
   [6.] 7. Rules and regulations shall be adopted governing  excusing  of
 absences  and for the granting of leaves of absence either with or with-
 out pay for all members of the teaching and supervising staff and  other
 employees.
   [7.]  8. Notwithstanding any other provision of this section no period
 in any school year for which there is no  required  service  and/or  for
 which  no compensation is provided shall in any event constitute a break
 or suspension of probationary period or continuity of tenure  rights  of
 any of the persons hereinabove described.
   §  2.  Paragraph (a) of subdivision 1, and subdivisions 3, 5, 6, para-
 graph (a) of subdivision 10, 11, 16 and 17 of section 2573 of the educa-
 tion law, paragraph (a) of subdivision 1, and subdivisions 5  and  6  as
 amended  by  section 3 of subpart D of part EE of chapter 56 of the laws
 of 2015, subdivision 3 as amended by chapter 27 of  the  laws  of  2012,
 paragraph (a) of subdivision 10 and subdivision 11 as amended by chapter
 650  of  the laws of 1990, subdivision 16 as added by chapter 898 of the

 A. 5151                             6
 
 laws of 1960, and subdivision 17 as amended by chapter 210 of  the  laws
 of 2001, are amended to read as follows:
   (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 UP TO 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 UP TO 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]  REDUCED  PROPORTIONATELY  BASED  UPON  THE
 LENGTH  OF THE SATISFACTORY SERVICE 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  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
 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] THEIR 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  subdivi-
 sion 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 years,  except  that  in  the
 case  of  a  teacher  who has rendered satisfactory service as a regular
 substitute for a period of UP TO two years and, if a classroom  teacher,
 has   received  SATISFACTORY  annual  [professional  performance  review
 ratings] REVIEWS in each of those years, or  has  rendered  satisfactory

 A. 5151                             7

 service  as a seasonally licensed per session teacher of swimming in day
 schools who has served in that capacity for a period of UP TO two  years
 and  has  been  appointed to teach the same subject in day schools on an
 annual  salary,  the  teacher shall be appointed [for] TO a probationary
 period [of two years] THAT IS REDUCED  PROPORTIONATELY  BASED  UPON  THE
 LENGTH  OF THE SATISFACTORY SERVICE; 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  years;  provided that, in the case of a
 classroom teacher, the  teacher  demonstrates  that  [he  or  she]  THEY
 received  [an  annual  professional  performance]  A SATISFACTORY ANNUAL
 review [rating pursuant to section three thousand  twelve-c  or  section
 three  thousand  twelve-d  of  this chapter] in [his or her] THEIR final
 year of service in such other school district or  board  of  cooperative
 educational  services;  provided,  however,  that in cities with a popu-
 lation 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 person appointed to any [of] such posi-
 tions 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  recom-
 mended for appointment on tenure shall be so notified by the superinten-
 dent of schools in writing not later than sixty days immediately preced-
 ing  the  expiration  of  [his or her] THEIR 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  regu-
 lations  of the commissioner shall be cause for removal within the mean-
 ing of subdivision five of this section.
   3.  Associate  superintendents,  examiners  and  all  other  employees
 authorized  by  section  twenty-five hundred fifty-four of this article,
 except as otherwise provided in subdivision one of this  section,  shall
 be  appointed  by  the board of education except that in the city school
 districts of the cities of Buffalo, Rochester, and Syracuse, the associ-
 ate, assistant and district superintendents and  all  other  supervising
 staff  who  are excluded from the right to bargain collectively pursuant
 to article fourteen of the civil service law shall be appointed,  within
 amounts  budgeted  therefor,  by  the superintendent of such city school
 district. In a city having a population of one  million  or  more,  such
 appointments  shall  be  made  on  nomination  of  the superintendent of
 schools. Notwithstanding any other provision  in  this  chapter  to  the
 contrary,  whenever an associate superintendent of schools in the employ
 of the board of education in a city having a population of  one  million
 or  more  fails  of  reappointment,  said  person  shall  be immediately
 appointed an assistant superintendent of schools with permanent appoint-
 ment as said term permanent appointment is defined in subdivisions four,
 five and six of this section. The salary of such  assistant  superinten-
 dent  shall  be less than the salary of an associate superintendent, but

 A. 5151                             8
 
 said differential in salary shall not exceed ten per centum of the annu-
 al salary of an associate superintendent of schools.  When, however,  an
 associate  superintendent  of  schools who fails of reappointment has to
 [his] THEIR credit thirty or more years of city service including ten or
 more  years  of  service as such associate superintendent of schools, he
 shall suffer no reduction of salary or of pension prospects while  serv-
 ing as such assistant superintendent of schools.
   5.  (a)  At  the  expiration  of the probationary [term] PERIOD of any
 persons appointed for such [term] PERIOD prior to July first, two  thou-
 sand  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. Such
 persons and all others employed in the teaching, service of the  schools
 of  a  city,  who  have  served the full probationary period, 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.
   (b) At the expiration of the probationary [term] PERIOD of any persons
 appointed for such [term] PERIOD 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  [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]
 SATISFACTORY ANNUAL REVIEWS in at least  three  of  the  four  preceding
 years, exclusive of any breaks in service[; provided that, notwithstand-
 ing  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 peri-
 od, such teacher or principal 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
 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. 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 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 educa-
 tion may grant tenure contingent upon a classroom teacher's or  building
 principal's  receipt of a minimum rating in the final year of the proba-
 tionary 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

 A. 5151                             9
 
 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 chap-
 ter.  Failure  to maintain certification as required by this chapter and
 the regulations of the commissioner shall constitute cause for removal.
   6. (a) In a city having a population of four hundred thousand or more,
 at the expiration of the probationary term of any persons appointed  for
 such  term prior to July first, two thousand fifteen, the superintendent
 of schools shall make a written report to the board of education  recom-
 mending  for  permanent  appointment  those  persons who have been found
 satisfactory, and such board of education shall  immediately  thereafter
 issue  to  such  persons  permanent  certificates  of  appointment. Such
 persons and all others employed in the teaching service of  the  schools
 of such city, who have served the full probationary period shall receive
 permanent  certificates  to  teach  issued  to them by the certificating
 authority, except as otherwise provided in  subdivision  ten-a  of  this
 section,  and shall hold their respective positions during good behavior
 and satisfactory teaching 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.
   (b) At the expiration of the probationary [term] PERIOD of any persons
 appointed  for  such  [term] PERIOD 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  [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]
 SATISFACTORY  ANNUAL  REVIEWS  in  at  least three of the four preceding
 years, exclusive of any breaks in service[; provided that, notwithstand-
 ing 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 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. 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

 A. 5151                            10

 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  recom-
 mended 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.
   (a)  In a city having a population of one million or more, recommenda-
 tions for appointment to the teaching service shall be  from  the  first
 three  persons  chosen  by random selection from the qualifying eligible
 lists prepared by the chancellor. Competitive eligible lists  in  exist-
 ence  at  the  time of enactment of this subdivision shall not be merged
 and any such lists shall be exhausted or have expired before nominations
 are made from a qualifying list of a subsequent date  promulgated  here-
 under.  Qualifying  eligible  lists  for  supervisory positions shall be
 merged with any subsequently promulgated lists in the same license  area
 so  that  there  shall  be one continuing non-expiring eligible list for
 each license area. No competitive eligible list shall  remain  in  force
 for  a longer period than four years, nor have a life of less than three
 years. No competitive eligible list now in  force  shall  terminate  any
 sooner  than  four  years from the date on which it was promulgated. The
 board of education, on the recommendation of the chancellor shall desig-
 nate, subject to the other provisions of  this  chapter,  the  kind  and
 grades  of  licenses  which  shall be required for service as principal,
 branch principal, director, supervisor or teacher of a  special  branch,
 head of department, assistant, school psychiatrist, school psychologist,
 school  medical inspector, school social worker, school social casework-
 er, school secretary, industrial or trade helper in vocational  schools,
 school  librarian,  laboratory  assistant,  or any other position of the
 teaching staff together with the academic  and  professional  qualifica-
 tions required for each kind or grade of license.  No person required to
 have  a  license  under  the  provisions  of this chapter in order to be
 employed in a position who does not have such  license  shall  have  any
 claim for salary, except that a person who has been assigned to teach in
 a  subject  or field not specifically covered in [his] THEIR license but
 on the same rank or level of service shall be entitled  to  [his]  THEIR
 salary.
   11.  In  a city [have] HAVING a population of one million or more, the
 board of education, subject to  the  approval  of  the  commissioner  of
 education,  shall  have power to authorize the superintendent of schools
 to assign any teacher employed to teach any subject  or  subjects  other
 than  any  specific  subject for which such teacher is licensed. No such
 assignment shall be made unless the superintendent of schools shall have
 certified that such teacher is competent to teach the  assigned  subject
 or  subjects.  The  superintendent  of  schools with the approval of the
 board of education, shall have power to make rules  and  regulations  in
 relation  to  ascertainment  of  competency  of  teachers  to teach such
 assigned subject or subjects. The assignment of a teacher to  teach  any
 such  assigned  subject shall not operate to change the rank or level of

 A. 5151                            11
 
 such teacher from that which [he or she] THEY  occupied  prior  to  such
 assignment.
   16.  In the city school district of the city of New York, the board of
 education shall ascertain prior to August first, nineteen hundred sixty,
 and annually  thereafter  the  number  of  appointments  which  will  be
 required  for the duration of not less than a term of the ensuing school
 year by reason of leaves of absence granted to members of  the  teaching
 staff  serving  on  tenure. The board shall thereupon establish and make
 appointments to positions of replacement teachers  in  a  number  which,
 including  any  such  teachers  already  serving  as a result of earlier
 appointment, shall be at least equal, if possible, and, if not, as near-
 ly as possible, to two-thirds of the minimum  number  of  such  teachers
 expected  to  be  absent  on leave at any one time. Such positions shall
 constitute a pool from which the board shall assign teachers to  replace
 the  teachers who are absent on leave. Appointments to such positions of
 replacement teachers shall be made from the appropriate  eligible  lists
 for  the  positions for which such replacement teachers will be required
 as determined by the board. Such positions of replacement teachers shall
 be in all respects permanent positions in the school system and  persons
 duly  appointed  by the board to such positions shall be entitled to the
 rights of tenure and retirement accruing to  persons  serving  in  other
 permanent  teaching  positions, except that no replacement teacher shall
 be entitled to the special limitation of the probationary period to  one
 year  provided  for certain teachers by subdivision one of this section.
 Upon acceptance of appointment as replacement teacher, the name of  each
 such  appointee shall be placed on a preferred eligible list as a candi-
 date for appointment to any permanent teaching  position  for  which  he
 holds  a valid license and such candidates shall be entitled to appoint-
 ment from such preferred eligible list in order of  their  placement  on
 such list. At any time when the total number of positions of replacement
 teacher  in  such  pool exceeds the total number of teachers who will be
 absent on leave for the ensuing term of school, the  board  may  abolish
 positions  in such pool which are in excess of the number of teachers to
 be absent on leave as aforesaid, or may use replacement teachers in such
 pool instead of substitute teachers to replace teachers who  are  absent
 for  shorter  periods  than  one term. Whenever a particular replacement
 teacher cannot be used to replace any teacher who is absent on leave for
 a full term, [he] THEY may similarly be used to replace teachers who are
 absent for shorter periods. Nothing herein contained shall be  construed
 as  preventing the appointment of regular substitute teachers to replace
 teachers absent on leave  when  no  persons  holding  positions  created
 pursuant to this subdivision are available for such replacement.
   17.  In  the city school district of the city of Buffalo, the board of
 education shall, within sixty days of the effective date of this  subdi-
 vision  and  annually  prior  to  August  first of each year thereafter,
 ascertain the number of appointments which  will  be  required  for  the
 duration of not less than a term of the ensuing school year by reason of
 leaves  of  absence  granted to members of the teaching staff serving on
 tenure. The board shall thereupon establish  and  make  appointments  to
 positions  of replacement teachers in a number which, including any such
 teachers already serving as a result of earlier  appointment,  shall  be
 equal, if possible, or as nearly as possible, to two-thirds of the mini-
 mum  number  of  such teachers expected to be absent on leave at any one
 time. Such positions shall constitute a pool from which the board  shall
 assign  teachers  to replace the teachers who are absent on leave.  Such
 positions of replacement teachers shall be  in  all  respects  permanent

 A. 5151                            12
 
 positions  in  the school system and persons duly appointed by the board
 to such positions shall be entitled to the rights of tenure and  retire-
 ment  accruing to persons serving in other permanent teaching positions,
 except  that  no  replacement  teacher  shall be entitled to the special
 limitation of the probationary period to one year provided  for  certain
 teachers by subdivision one of this section. Upon acceptance of appoint-
 ment  as  replacement  teacher, the name of each such appointee shall be
 placed on a preferred eligible list as a candidate  for  appointment  to
 any  permanent teaching position for which [he or she holds] THEY HOLD a
 valid license and such candidates shall be entitled to appointment  from
 such  preferred  eligible list in order of their placement on such list.
 At any time when the total number of positions of replacement teacher in
 such pool exceeds the total number of teachers who  will  be  absent  on
 leave for the ensuing term of school, the board may abolish positions in
 such  pool which are in excess of the number of teachers to be absent on
 leave as aforesaid, or may use replacement teachers in such pool instead
 of substitute teachers to replace teachers who are  absent  for  shorter
 periods  than one term. Whenever a particular replacement teacher cannot
 be used to replace any teacher who is absent on leave for a  full  term,
 [he  or  she]  THEY  may  similarly  be used to replace teachers who are
 absent for shorter periods. Nothing herein contained shall be  construed
 as  preventing the appointment of regular substitute teachers to replace
 teachers absent on leave  when  no  persons  holding  positions  created
 pursuant to this subdivision are available for such replacement.
   §  3.  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, subparagraph  ii
 of  paragraph (b) of subdivision 1 as amended by chapter 345 of the laws
 of 2019, is amended to read as follows:
   § 3012. Tenure: certain school districts. 1. (a) i. 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
 prior to 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 three years, except that in the case  of  a  teacher  who  has
 rendered satisfactory service as a regular substitute for a period of UP
 TO 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 UP TO 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]  REDUCED PROPORTIONATELY BASED UPON THE LENGTH OF THE SATISFACTORY
 SERVICE; 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 article, the probationary period shall not exceed  two  years.  The
 service  of a person appointed to any [of] such positions may be discon-
 tinued at any time during such probationary period, on  the  recommenda-
 tion  of  the superintendent of schools, by a majority vote of the board
 of education or the trustees of a common school district.
   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,

 A. 5151                            13
 
 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 years, except that in the case of a teach-
 er  who  has rendered satisfactory service as a regular substitute for a
 period of two years and, if a classroom teacher, has received  SATISFAC-
 TORY annual [professional performance review ratings] REVIEWS 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 UP TO two years and has been appointed
 to teach the same subject in day  schools,  on  an  annual  salary,  the
 teacher shall be appointed [for] TO a probationary period [of two years]
 REDUCED  PROPORTIONATELY  BASED  UPON  THE  LENGTH  OF  THE SATISFACTORY
 SERVICE; 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 article, 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] THEY received [an  annual  profes-
 sional  performance]  A  SATISFACTORY review [rating pursuant to section
 three thousand twelve-c or section three thousand twelve-d of this chap-
 ter] in [his or her] THEIR 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  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)  i.  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 prior to July first,
 two thousand fifteen, shall be appointed by the board of  education,  or
 the trustees of a common school district, upon the recommendation 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 discontin-
 ued at any time during the probationary period on the recommendation  of
 the superintendent of schools, by a majority vote of the board of educa-
 tion 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
 years; provided, however, that in the case of a  principal,  administra-
 tor,  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

 A. 5151                            14
 
 thousand twenty-b of this article, 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 or the trustees of a common
 school district.
   (c) Any person previously appointed to tenure or a probationary period
 pursuant  to the provisions of former section three thousand thirteen of
 this article shall continue to hold such position and be governed by the
 provisions of this section notwithstanding  any  contrary  provision  of
 law.
   2.  (a) 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 TWENTY-ONE, 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 THREE YEARS, EXCEPT  THAT  IN  THE  CASE  OF  A
 TEACHER  WHO  HAS  RENDERED SATISFACTORY SERVICE AS A REGULAR SUBSTITUTE
 FOR A PERIOD OF UP TO  TWO  YEARS  AND,  IF  A  CLASSROOM  TEACHER,  HAS
 RECEIVED  SATISFACTORY  ANNUAL  REVIEWS  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  UP  TO  TWO  YEARS  AND HAS BEEN APPOINTED TO TEACH THE SAME
 SUBJECT IN DAY SCHOOLS, ON AN  ANNUAL  SALARY,  SUCH  TEACHER  SHALL  BE
 APPOINTED  FOR  A PROBATIONARY PERIOD REDUCED PROPORTIONATELY BASED UPON
 THE LENGTH OF THE SATISFACTORY SERVICE; 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 ARTICLE, SUCH TEACHER SHALL BE
 APPOINTED FOR A PROBATIONARY PERIOD OF TWO YEARS; PROVIDED THAT, IN  THE
 CASE OF A CLASSROOM TEACHER, THE TEACHER DEMONSTRATES THAT THEY RECEIVED
 A  SATISFACTORY  REVIEW  IN  THEIR  FINAL  YEAR OF SERVICE IN SUCH OTHER
 SCHOOL DISTRICT  OR  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES.  THE
 SERVICE  OF A PERSON APPOINTED TO ANY 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 EDUCA-
 TION OR THE TRUSTEES OF A COMMON SCHOOL DISTRICT.
   (B)  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  TWENTY-ONE,  SHALL  BE  APPOINTED BY THE BOARD OF
 EDUCATION, OR THE TRUSTEES OF A COMMON SCHOOL DISTRICT, UPON THE  RECOM-
 MENDATION  OF THE SUPERINTENDENT OF SCHOOLS FOR A PROBATIONARY PERIOD OF
 THREE YEARS. THE SERVICE OF A PERSON APPOINTED TO ANY 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 OR THE TRUSTEES OF A COMMON SCHOOL DISTRICT.
   3. (A) At the expiration of the probationary [term] PERIOD of a person
 appointed  for  such  [term]  PERIOD  prior  to July first, two thousand
 fifteen, subject to the conditions of this section,  the  superintendent

 A. 5151                            15
 
 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 satis-
 factory.  Such  persons, and all others employed in the teaching service
 of the schools  of  such  union  free  school  district,  common  school
 district and/or school district employing fewer than eight teachers, who
 have  served  the probationary period as provided in this section, shall
 hold their respective positions during good behavior and  efficient  and
 competent  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: (a)  insub-
 ordination, immoral character or conduct unbecoming a teacher; (b) inef-
 ficiency,  incompetency,  physical  or  mental disability, or neglect of
 duty; (c) failure to maintain certification as required by this  chapter
 and by the regulations of the commissioner. 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  imme-
 diately preceding the expiration of [his] THE probationary period.
   (b)  At  the  expiration of the probationary [term] PERIOD of a person
 appointed for such [term] PERIOD 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 satis-
 factory and, in the case of a classroom teacher or  building  principal,
 who have received [composite] SATISFACTORY 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] REVIEWS 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 prin-
 cipal 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  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,  exclu-
 sive  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 building 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  principal's
 receipt  of a minimum rating in the final year of the probationary peri-
 od, pursuant to the requirements of this section, and if such contingen-
 cy 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  proba-

 A. 5151                            16

 tionary  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 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.
   [3.] 4. Notwithstanding any other provision of this section no  period
 in  any  school  year  for which there is no required service and/or for
 which no compensation is provided shall in any event constitute a  break
 or  suspension  of probationary period or continuity of tenure rights of
 any of the persons hereinabove described.
   § 4. Section 3014 of the education law, as amended  by  section  5  of
 subpart D of part EE of chapter 56 of the laws of 2015, paragraph (b) of
 subdivision  1 as amended by chapter 345 of the laws of 2019, is amended
 to read as follows:
   § 3014. Tenure: boards of cooperative  educational  services.  1.  (a)
 Administrative  assistants,  supervisors, teachers and all other members
 of the teaching and supervising staff of the board of cooperative educa-
 tional services appointed prior to July  first,  two  thousand  fifteen,
 shall be appointed by a majority vote of the board of cooperative educa-
 tional  services  upon the recommendation of the district superintendent
 of schools for a probationary period [of] not  to  exceed  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  cooper-
 ative 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 subdivision
 one of section three thousand twenty-a or section three  thousand  twen-
 ty-b  of  this  article,  the  probationary  period shall not exceed two
 years. 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) 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  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 years; provided that, in the case of a classroom
 teacher, the teacher demonstrates that  [he  or  she]  THEY  received  a
 [composite]   SATISFACTORY   annual  [professional  performance]  review
 [rating pursuant to section three thousand twelve-c  or  three  thousand
 twelve-d  of  this  article  of either effective or highly effective] in
 [his or her] THEIR final year of service in such other  school  district

 A. 5151                            17
 
 or  board of cooperative educational services; and provided further 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 article,
 the principal, administrator, supervisor, or other member of the  super-
 vising  staff  shall  be  appointed  for  a probationary period of three
 years. Services of a person so appointed to any such positions to  which
 this paragraph applies may be discontinued at any time during the proba-
 tionary  period, upon the recommendation of the district superintendent,
 by a majority vote of the board of cooperative educational services.
   (C) 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  TWENTY-ONE,  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 NOT TO EXCEED  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, SUCH TEACHER SHALL BE APPOINTED FOR A PROBATIONARY PERIOD
 OF TWO YEARS; PROVIDED THAT, IN THE CASE OF A  CLASSROOM  TEACHER,  SUCH
 TEACHER  DEMONSTRATES THAT THEY RECEIVED A SATISFACTORY ANNUAL REVIEW IN
 THEIR 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  PROBA-
 TIONARY  PERIOD, UPON THE RECOMMENDATION OF THE DISTRICT SUPERINTENDENT,
 BY A MAJORITY VOTE OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
   2. (a) On or before the expiration of the probationary  [term]  PERIOD
 of  a  person  appointed for such [term] PERIOD prior to July first, two
 thousand fifteen, the district superintendent of schools  shall  make  a
 written  report  to the board of cooperative educational services recom-
 mending for appointment on tenure persons who have been found competent,
 efficient and satisfactory. 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] THEIR  probationary
 period.
   (b) On or before the expiration of the probationary [term] PERIOD of a
 person  appointed  for  such  [term]  PERIOD 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 recom-

 A. 5151                            18
 
 mending for appointment on tenure persons who have been found competent,
 efficient and satisfactory and, in the case of a  classroom  teacher  or
 building  principal,  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  effective  in  at  least three of the four preceding years,]
 REVIEWS 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-
 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]  THE  probationary
 period.
   § 5. This act shall take effect immediately.