[ ] is old law to be omitted.
LBD09855-18-1
S. 5576--C 2
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 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 received an
annual professional performance review rating pursuant to section three
thousand twelve-c or section three thousand twelve-d of this chapter in
his or her final year of service in such other school district or board
of cooperative educational services. PROVIDED FURTHER, HOWEVER, THAT IN
THE CASE OF A TEACHER WHO HAS BEEN APPOINTED FOR A PROBATIONARY PERIOD
DURING THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND
WHO HAS BEEN APPOINTED ON TENURE IN ANOTHER SCHOOL DISTRICT WITHIN THE
STATE, THE SCHOOL DISTRICT WHERE CURRENTLY EMPLOYED, BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES OR STATE SCHOOL FOR THE BLIND OR DEAF AND WHO
WAS NOT DISMISSED FROM SUCH DISTRICT, BOARD OR STATE SCHOOL FOR THE
BLIND OR DEAF AS A RESULT OF CHARGES BROUGHT PURSUANT TO SUBDIVISION ONE
OF SECTION THREE THOUSAND TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF
THIS ARTICLE, SUCH TEACHER SHALL BE APPOINTED FOR A PROBATIONARY PERIOD
OF THREE YEARS; PROVIDED THAT, IN THE CASE OF A CLASSROOM TEACHER, SUCH
TEACHER DEMONSTRATES THAT HE OR SHE RECEIVED AN ANNUAL PROFESSIONAL
PERFORMANCE REVIEW RATING PURSUANT TO SECTION THREE THOUSAND TWELVE-C OR
SECTION THREE THOUSAND TWELVE-D OF THIS ARTICLE IN THE TWO THOUSAND
SEVENTEEN--TWO THOUSAND EIGHTEEN OR TWO THOUSAND EIGHTEEN--TWO THOUSAND
NINETEEN SCHOOL YEAR IN SUCH OTHER SCHOOL DISTRICT, BOARD OF COOPERATIVE
EDUCATIONAL SERVICES OR STATE SCHOOL FOR THE BLIND OR DEAF. 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.
§ 2. Paragraph (b) of subdivision 2 of section 3012 of the education
law, as added by section 4 of subpart D of part EE of chapter 56 of the
laws of 2015, is amended to read as follows:
(b) At the expiration of the probationary term of a person appointed
for such term on or after July first, two thousand fifteen, subject to
the conditions of this section, the superintendent of schools shall make
a written report to the board of education or the trustees of a common
school district recommending for appointment on tenure those persons who
have been found competent, efficient and satisfactory and, in the case
of a classroom teacher or building principal, who have received compos-
ite annual professional performance review ratings pursuant to section
three thousand twelve-c or section three thousand twelve-d of this arti-
cle, of either effective or highly effective in at least three of the
four preceding years, exclusive of any breaks in service; PROVIDED THAT
IN THE CASE OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL APPOINTED
DURING THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN, TWO THOUSAND
EIGHTEEN--TWO THOUSAND NINETEEN OR TWO THOUSAND NINETEEN--TWO THOUSAND
TWENTY SCHOOL YEAR, 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 ONE OF THE FOUR PRECEDING YEARS, EXCLU-
SIVE OF ANY BREAKS IN SERVICE, AND DID NOT RECEIVE AN INEFFECTIVE RATING
IN THE FINAL YEAR OF HIS OR HER PROBATIONARY PERIOD, OR DURING THE MOST
S. 5576--C 3
RECENT SCHOOL YEAR WHERE A RATING WAS RECEIVED; PROVIDED THAT, IN THE
CASE OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL APPOINTED DURING THE
TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR WHO HAVE
RECEIVED COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSU-
ANT TO SECTION THREE THOUSAND TWELVE-C OR SECTION THREE THOUSAND
TWELVE-D OF THIS ARTICLE OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT
LEAST TWO OF THE FOUR PRECEDING YEARS, EXCLUSIVE OF ANY BREAKS IN
SERVICE, AND DID NOT RECEIVE AN INEFFECTIVE RATING IN THE FINAL YEAR OF
HIS OR HER PROBATIONARY PERIOD, OR DURING THE MOST RECENT SCHOOL YEAR
WHERE A RATING WAS RECEIVED; provided FURTHER 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-
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 subdi-
vision 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. Section 3012-d of the education law is amended by adding a new
subdivision 17 to read as follows:
17. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, FOR THE TWO
THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, NO SCHOOL DISTRICT
OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL COMPLETE AN ANNUAL
TEACHER AND PRINCIPAL EVALUATION REQUIRED BY THIS SECTION FOR ANY CLASS-
ROOM TEACHER OR BUILDING PRINCIPAL AND STATE FUNDING SHALL NOT BE WITH-
HELD FROM ANY SCHOOL DISTRICT FOR NOT COMPLYING WITH THE REQUIREMENTS OF
THIS SECTION.
S. 5576--C 4
§ 4. Paragraph (b) of subdivision 2 of section 3014 of the education
law, as added by section 5 of subpart D of part EE of chapter 56 of the
laws of 2015, is amended to read as follows:
(b) On or before the expiration of the probationary term of a person
appointed for such term on or after July first, two thousand fifteen,
the district superintendent of schools shall make a written report to
the board of cooperative educational services recommending for appoint-
ment on tenure persons who have been found competent, efficient and
satisfactory and, in the case of a classroom teacher or building princi-
pal, who have received composite annual professional performance review
ratings pursuant to section three thousand twelve-c or section three
thousand twelve-d of this article, of either effective or highly effec-
tive in at least three of the four preceding years, exclusive of any
breaks in service; PROVIDED THAT, IN THE CASE OF A CLASSROOM TEACHER OR
BUILDING PRINCIPAL APPOINTED DURING THE TWO THOUSAND SEVENTEEN--TWO
THOUSAND EIGHTEEN, TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN OR TWO
THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR 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 ONE OF
THE FOUR PRECEDING YEARS, EXCLUSIVE OF ANY BREAKS IN SERVICE, AND DID
NOT RECEIVE AN INEFFECTIVE RATING IN THE FINAL YEAR OF HIS OR HER PROBA-
TIONARY PERIOD OR IN THE MOST RECENT SCHOOL YEAR WHERE A RATING WAS
RECEIVED; PROVIDED THAT, IN THE CASE OF A CLASSROOM TEACHER OR BUILDING
PRINCIPAL APPOINTED DURING THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
TY-ONE SCHOOL YEAR 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 TWO OF THE FOUR PRECEDING YEARS, EXCLU-
SIVE OF ANY BREAKS IN SERVICE, AND DID NOT RECEIVE AN INEFFECTIVE
RATING IN THE FINAL YEAR OF HIS OR HER PROBATIONARY PERIOD, OR DURING
THE MOST RECENT SCHOOL YEAR WHERE A RATING WAS RECEIVED; provided
FURTHER 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 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 preced-
ing four years and was not ineffective in the final year. At the expira-
tion of the probationary period, the classroom teacher or building prin-
cipal 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 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
S. 5576--C 5
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 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 character or conduct unbecom-
ing 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 notified in writing by
the district superintendent not later than sixty days immediately
preceding the expiration of his or her probationary period.
§ 5. Paragraph (b) of subdivision 1 of section 3014 of the education
law, as amended by chapter 345 of the laws of 2019, is 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 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 received a composite
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 final year of service in
such other school district 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, super-
visor, or other member of the supervising staff shall be appointed for a
probationary period of three years. PROVIDED FURTHER, HOWEVER, THAT IN
THE CASE OF A CLASSROOM TEACHER WHO HAS BEEN APPOINTED FOR A PROBATION-
ARY PERIOD DURING THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE
SCHOOL YEAR AND WHO HAS BEEN APPOINTED ON TENURE IN A SCHOOL DISTRICT
WITHIN THE STATE, STATE SCHOOL FOR THE BLIND OR DEAF, THE BOARD OF COOP-
ERATIVE EDUCATIONAL SERVICES WHERE CURRENTLY EMPLOYED, OR ANOTHER BOARD
OF COOPERATIVE EDUCATIONAL SERVICES, AND WHO WAS NOT DISMISSED FROM SUCH
DISTRICT, BOARD OR STATE SCHOOL FOR THE BLIND OR DEAF AS A RESULT OF
CHARGES BROUGHT PURSUANT TO SECTION THREE THOUSAND TWENTY-A OR SECTION
THREE THOUSAND TWENTY-B OF THIS ARTICLE, SUCH TEACHER SHALL BE APPOINTED
S. 5576--C 6
FOR A PROBATIONARY PERIOD OF THREE YEARS; PROVIDED THAT, IN THE CASE OF
A CLASSROOM TEACHER, SUCH TEACHER DEMONSTRATES THAT HE OR SHE RECEIVED
AN ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATING PURSUANT TO SECTION
THREE THOUSAND TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS ARTI-
CLE IN THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN OR TWO THOUSAND
EIGHTEEN--TWO THOUSAND NINETEEN SCHOOL YEAR IN SUCH OTHER SCHOOL
DISTRICT, STATE SCHOOL FOR THE BLIND OR DEAF OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES. Services of a person so appointed to any such
positions to which this paragraph applies may be discontinued at any
time during the probationary period, upon the recommendation of the
district superintendent, by a majority vote of the board of cooperative
educational services.
§ 6. Subparagraph ii of paragraph (a) of subdivision 1 of section 2509
of the education law, as amended by section 1 of subpart D of part EE of
chapter 56 of the laws of 2015, is amended to read as follows:
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 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,
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 years;
provided that the teacher demonstrates that he or she received an annual
professional performance review rating pursuant to section three thou-
sand twelve-c or section three thousand twelve-d of this chapter in his
or her final year of service in such other school district or board of
cooperative educational services. PROVIDED FURTHER, HOWEVER, THAT IN THE
CASE OF A TEACHER WHO HAS BEEN APPOINTED FOR A PROBATIONARY PERIOD
DURING THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND
WHO HAS BEEN APPOINTED ON TENURE IN ANOTHER SCHOOL DISTRICT WITHIN THE
STATE, THE SCHOOL DISTRICT WHERE CURRENTLY EMPLOYED, BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES OR STATE SCHOOL FOR THE BLIND OR DEAF AND WHO
WAS NOT DISMISSED FROM SUCH DISTRICT, BOARD OR STATE SCHOOL FOR THE
BLIND OR DEAF AS A RESULT OF CHARGES BROUGHT PURSUANT TO SUBDIVISION ONE
OF SECTION THREE THOUSAND TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF
THIS CHAPTER, SUCH TEACHER SHALL BE APPOINTED FOR A PROBATIONARY PERIOD
OF THREE YEARS; PROVIDED THAT, IN THE CASE OF A CLASSROOM TEACHER, SUCH
TEACHER DEMONSTRATES THAT HE OR SHE RECEIVED AN ANNUAL PROFESSIONAL
PERFORMANCE REVIEW RATING PURSUANT TO SECTION THREE THOUSAND TWELVE-C OR
SECTION THREE THOUSAND TWELVE-D OF THIS CHAPTER IN THE TWO THOUSAND
SEVENTEEN--TWO THOUSAND EIGHTEEN OR TWO THOUSAND EIGHTEEN--TWO THOUSAND
NINETEEN SCHOOL YEAR IN SUCH OTHER SCHOOL DISTRICT, BOARD OF COOPERATIVE
S. 5576--C 7
EDUCATIONAL SERVICES OR STATE SCHOOL FOR THE BLIND OR DEAF. 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 proba-
tionary period.
§ 7. Paragraph b of subdivision 2 of section 2509 of the education
law, as added by section 2 of subpart D of part EE of chapter 56 of the
laws of 2015, is amended to read as follows:
b. For persons appointed on or after July first, two thousand fifteen,
at the expiration of the probationary term of any persons appointed for
such term, or within six months prior thereto, the superintendent of
schools shall make a written report to the board of education recommend-
ing for appointment on tenure those persons who have been found compe-
tent, efficient and satisfactory and in the case of a classroom teacher
or building principal, who have received annual professional performance
review ratings pursuant to section three thousand twelve-c or section
three thousand twelve-d of this chapter, of either effective or highly
effective in at least three of the four preceding years, exclusive of
any breaks in service; PROVIDED THAT, IN THE CASE OF A CLASSROOM TEACHER
OR BUILDING PRINCIPAL APPOINTED DURING THE TWO THOUSAND SEVENTEEN--TWO
THOUSAND EIGHTEEN, TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN OR TWO
THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR, 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 IN AT LEAST ONE OF
THE FOUR PRECEDING YEARS, EXCLUSIVE OF ANY BREAKS IN SERVICE, AND DID
NOT RECEIVE AN INEFFECTIVE RATING IN THE FINAL YEAR OF HIS OR HER PROBA-
TIONARY PERIOD, OR DURING THE MOST RECENT SCHOOL YEAR WHERE A RATING WAS
RECEIVED; PROVIDED THAT, IN THE CASE OF A CLASSROOM TEACHER OR BUILDING
PRINCIPAL APPOINTED DURING THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
TY-ONE SCHOOL YEAR 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 IN AT LEAST TWO OF THE FOUR PRECEDING YEARS, EXCLU-
SIVE OF ANY BREAKS IN SERVICE, AND DID NOT RECEIVE AN INEFFECTIVE
RATING IN THE FINAL YEAR OF HIS OR HER PROBATIONARY PERIOD, OR DURING
THE MOST RECENT SCHOOL YEAR WHERE A RATING WAS RECEIVED; provided
FURTHER that, notwithstanding any other provision of this section to the
contrary, when a teacher or principal receives an effective or highly
effective rating in each year of his or her probationary service except
he or she receives an ineffective rating in the final year of his or her
probationary period, such teacher or principal shall not be eligible for
tenure but the board of education in its discretion, may extend the
teacher's probationary period for an additional year; provided, however,
that if such teacher or principal successfully appealed such ineffective
rating, such teacher or principal shall immediately be eligible for
tenure if the rating resulting from the appeal established that such
individual has been effective or highly effective in at least three of
the preceding four years and was not ineffective in the final year. By a
majority vote, the board of 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
S. 5576--C 8
school year in which such teacher or principal has received such ratings
of effective or highly effective for at least three of the four preced-
ing 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.
§ 8. Subparagraph ii of paragraph (a) of subdivision 1 of section 2573
of the education law, as amended by section 3 of subpart D of part EE of
chapter 56 of the laws of 2015, is amended to read as follows:
ii. Teachers and all other members of the teaching staff appointed on
or after July first, two thousand fifteen and authorized by section
twenty-five hundred fifty-four of this article, shall be appointed by
the board of education, upon the recommendation of the superintendent of
schools, for a probationary period of four years, except that in the
case of a teacher who has rendered satisfactory service as a regular
substitute for a period of two years and, if a classroom teacher, has
received annual professional performance review ratings in each of those
years, or has rendered satisfactory service as a seasonally licensed per
session teacher of swimming in day schools who has served in that capac-
ity for a period of two years and has been appointed to teach the same
subject in day schools on an annual salary, the teacher shall be
appointed for a probationary period of two years; provided, however,
that in the case of a teacher who has been appointed on tenure in anoth-
er school district within the state, the school district where currently
employed, or a board of cooperative educational services, and who was
not dismissed from such district or board as a result of charges brought
pursuant to subdivision one of section three thousand twenty-a or
section three thousand twenty-b of this chapter, the teacher shall be
appointed for a probationary period of three years; provided that, in
the case of a classroom teacher, the teacher demonstrates that he or she
received an annual professional performance review rating pursuant to
section three thousand twelve-c or section three thousand twelve-d of
this chapter in his or her final year of service in such other school
district or board of cooperative educational services; PROVIDED, HOWEV-
ER, THAT, IN THE CASE OF A CLASSROOM TEACHER WHO HAS BEEN APPOINTED FOR
A PROBATIONARY PERIOD DURING THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
TY-ONE SCHOOL YEAR AND WHO HAS BEEN APPOINTED ON TENURE IN ANOTHER
SCHOOL DISTRICT WITHIN THE STATE, THE SCHOOL DISTRICT WHERE CURRENTLY
EMPLOYED, BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR STATE SCHOOL FOR
THE BLIND OR DEAF, AND WHO WAS NOT DISMISSED FROM SUCH DISTRICT, BOARD
S. 5576--C 9
OR STATE SCHOOL FOR THE BLIND OR DEAF AS A RESULT OF CHARGES BROUGHT
PURSUANT TO SECTION THREE THOUSAND TWENTY-A OR SECTION THREE THOUSAND
TWENTY-B OF THIS CHAPTER, SUCH TEACHER SHALL BE APPOINTED FOR A PROBA-
TIONARY PERIOD OF THREE YEARS; PROVIDED THAT, IN THE CASE OF A CLASSROOM
TEACHER, SUCH TEACHER DEMONSTRATES THAT HE OR SHE RECEIVED AN ANNUAL
PROFESSIONAL PERFORMANCE REVIEW RATING PURSUANT TO SECTION THREE THOU-
SAND TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS CHAPTER IN THE
TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN OR TWO THOUSAND EIGHTEEN-
-TWO THOUSAND NINETEEN SCHOOL YEAR IN SUCH OTHER SCHOOL DISTRICT, BOARD
OF COOPERATIVE EDUCATIONAL SERVICES OR STATE SCHOOL FOR THE BLIND OR
DEAF; provided FURTHER, 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 position
which the teacher has held for at least two years prior to such appoint-
ment 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.
§ 9. Paragraph (b) of subdivision 5 of section 2573 of the education
law, as added by section 3 of subpart D of part EE of chapter 56 of the
laws of 2015, is amended to read as follows:
(b) At the expiration of the probationary term of 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 of this chap-
ter, of either effective or highly effective in at least three of the
four preceding years, exclusive of any breaks in service; PROVIDED THAT,
IN THE CASE OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL APPOINTED
DURING THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN, TWO THOUSAND
EIGHTEEN--TWO THOUSAND NINETEEN OR TWO THOUSAND NINETEEN--TWO THOUSAND
TWENTY SCHOOL YEAR, 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 IN AT LEAST ONE OF THE FOUR PRECEDING YEARS, EXCLU-
SIVE OF ANY BREAKS IN SERVICE, AND DID NOT RECEIVE AN INEFFECTIVE RATING
IN THE FINAL YEAR OF HIS OR HER PROBATIONARY PERIOD OR DURING THE MOST
RECENT SCHOOL YEAR WHERE A RATING WAS RECEIVED; PROVIDED THAT, IN THE
CASE OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL APPOINTED DURING THE
TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR WHO HAVE
RECEIVED COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSU-
ANT TO SECTION THREE THOUSAND TWELVE-C OR SECTION THREE THOUSAND
S. 5576--C 10
TWELVE-D OF THIS CHAPTER OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT
LEAST TWO OF THE FOUR PRECEDING YEARS, EXCLUSIVE OF ANY BREAKS IN
SERVICE, AND DID NOT RECEIVE AN INEFFECTIVE RATING IN THE FINAL YEAR OF
HIS OR HER PROBATIONARY PERIOD OR DURING THE MOST RECENT SCHOOL YEAR
WHERE A RATING WAS RECEIVED; provided FURTHER that, notwithstanding any
other provision of this section to the contrary, when a teacher or prin-
cipal receives an effective and/or highly effective rating in each year
of his or her probationary service except he or she receives an ineffec-
tive 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 peri-
od 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 result-
ing 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 build-
ing principals who otherwise have been found competent, efficient and
satisfactory. Provided, however, that the board of education may grant
tenure contingent upon a classroom teacher's or building principal's
receipt of a minimum rating in the final year of the probationary 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-
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 subdi-
vision 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.
§ 10. Paragraph (b) of subdivision 6 of section 2573 of the education
law, as added by section 3 of subpart D of part EE of chapter 56 of the
laws of 2015, is amended to read as follows:
(b) At the expiration of the probationary term of 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 of this chap-
ter, of either effective or highly effective in at least three of the
four preceding years, exclusive of any breaks in service; PROVIDED THAT,
IN THE CASE OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL APPOINTED
DURING THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN, TWO THOUSAND
EIGHTEEN--TWO THOUSAND NINETEEN OR TWO THOUSAND NINETEEN--TWO THOUSAND
S. 5576--C 11
TWENTY SCHOOL YEAR, 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 IN AT LEAST ONE OF THE FOUR PRECEDING YEARS, EXCLU-
SIVE OF ANY BREAKS IN SERVICE, AND DID NOT RECEIVE AN INEFFECTIVE RATING
IN THE FINAL YEAR OF HIS OR HER PROBATIONARY PERIOD OR DURING THE MOST
RECENT SCHOOL YEAR WHERE A RATING WAS RECEIVED; PROVIDED THAT, IN THE
CASE OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL APPOINTED DURING THE
TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR WHO HAVE
RECEIVED COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSU-
ANT TO SECTION THREE THOUSAND TWELVE-C OR SECTION THREE THOUSAND
TWELVE-D OF THIS CHAPTER OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT
LEAST TWO OF THE FOUR PRECEDING YEARS, EXCLUSIVE OF ANY BREAKS IN
SERVICE, AND DID NOT RECEIVE AN INEFFECTIVE RATING IN THE FINAL YEAR OF
HIS OR HER PROBATIONARY PERIOD OR DURING THE MOST RECENT SCHOOL YEAR
WHERE A RATING WAS RECEIVED; provided FURTHER 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 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
final year of the probationary period, pursuant to the requirements of
this section, and if such contingency is not met after all appeals have
been exhausted, the grant of tenure shall be void and unenforceable and
the teacher's or principal's probationary period may be extended in
accordance with this subdivision. Such persons who have been recommended
for tenure and all others employed in the teaching service of the
schools of such school district who have served the full probationary
period as extended pursuant to this subdivision shall hold their respec-
tive positions during good behavior and efficient and competent service,
and shall not be removable except for cause after a hearing as provided
by section three thousand twenty-a or section three thousand twenty-b of
this chapter. Failure to maintain certification as required by this
chapter and the regulations of the commissioner shall constitute cause
for removal.
§ 11. This act shall take effect immediately.
