Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 03, 2024 |
referred to education |
May 25, 2023 |
referred to education |
Assembly Bill A7525
2023-2024 Legislative Session
Relates to annual professional performance reviews of teachers and principals; repealer
download bill text pdfSponsored By
BENEDETTO
Current Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
Albert A. Stirpe
Kimberly Jean-Pierre
Karen McMahon
Fred Thiele
MaryJane Shimsky
Gina Sillitti
Chris Burdick
Steve Stern
Sarahana Shrestha
Angelo Santabarbara
Jen Lunsford
Dana Levenberg
Steven Otis
Kenneth Zebrowski
Billy Jones
John T. McDonald III
Tony Simone
Edward Braunstein
Amy Paulin
Nader Sayegh
Christopher Eachus
Linda Rosenthal
David Weprin
Carrie Woerner
Harvey Epstein
Rodneyse Bichotte Hermelyn
Monica P. Wallace
Harry B. Bronson
Brian Maher
Michael J. Norris
Josh Jensen
Edward Ra
Matthew Simpson
David McDonough
Phara Souffrant Forrest
Doug Smith
Brian D. Miller
Matthew Slater
John W. McGowan
2023-A7525 (ACTIVE) - Details
- See Senate Version of this Bill:
- S6880
- Current Committee:
- Assembly Education
- Law Section:
- Education Law
- Laws Affected:
- Amd §§2-d, 2509, 2573, 3012, 3012-d, 3014 & 3020, add §3012-e, rpld §3020-b, Ed L
2023-A7525 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7525 2023-2024 Regular Sessions I N A S S E M B L Y May 25, 2023 ___________ Introduced by M. of A. BENEDETTO -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to annual professional performance reviews of teachers and principals; and to repeal section 3020-b of the education law relating to streamlined removal procedures for teachers rated ineffective THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs a and b of subdivision 1 of section 2-d of the education law, as added by section 1 of subpart L of part AA of chapter 56 of the laws of 2014, are amended to read as follows: a. "Building principal" means a building principal subject to annual performance evaluation review under the provisions of section three thousand twelve-c, SECTION THREE THOUSAND TWELVE-D, OR SECTION THREE THOUSAND TWELVE-E of this chapter. b. "Classroom teacher" means a teacher subject to annual performance evaluation review under the provisions of section three thousand twelve-c, SECTION THREE THOUSAND TWELVE-D, OR SECTION THREE THOUSAND TWELVE-E of this chapter. § 2. Subparagraph ii of paragraph (a) of subdivision 1 and paragraph b of subdivision 2 of section 2509 of the education law, as amended by chapter 201 of the laws of 2022, are 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 UP TO two years [and, if a classroom teacher, has received composite annual professional performance review ratings in EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11244-01-3
A. 7525 2 each of those years], or SUCH TEACHER 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 a probationary period of A MINIMUM OF two years, DEPENDING UPON THE LENGTH OF THE REGULAR SUBSTI- TUTE SERVICE THAT SHALL SHORTEN THE LENGTH OF THE PROBATIONARY PERIOD; 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 thousand twelve-c or section three thousand twelve-d of this chap- ter 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, the two thousand twenty-one--two thousand twenty-two or the two thousand twen- ty-two--two thousand twenty-three 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 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 educa- tional 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. 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 A. 7525 3 thousand eighteen or the two thousand twenty--two thousand twenty-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 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 probationary period, or during the most recent school year where a rating was received, and would have been in the superintendent of schools' discretion qualified for appointment on tenure based upon performance, notwithstanding that his or her annual professional performance review had not been completed and he or she had not received an annual professional performance rating for the two thou- sand nineteen--two thousand twenty, two thousand twenty--two thousand twenty-one or the two thousand twenty-one--two thousand twenty-two school year; provided that, in the case of a classroom teacher or build- ing principal appointed during the two thousand eighteen--two thousand nineteen or two thousand nineteen--two thousand twenty school year, who has not received composite annual professional performance review ratings pursuant to section three thousand twelve-c or section three thousand twelve-d of this chapter, for three consecutive years, no ratings shall be required for the superintendent of schools to recommend for appointment on tenure such teacher or building principal if the teacher or principal would have been, in the superintendent of schools' discretion, qualified for appointment on tenure based upon performance, notwithstanding that his or her annual professional performance review had not been completed and he or she had not received an annual profes- sional performance review rating for the two thousand nineteen--two thousand twenty, two thousand twenty--two thousand twenty-one and two thousand twenty-one--two thousand twenty-two school years; provided that in the case of a classroom teacher or building principal appointed during the two thousand twenty-one--two thousand twenty-two 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 effec- tive 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, and would have been in the superintendent of schools' discretion qualified for appointment on tenure based upon performance, notwithstanding that his or her annual professional performance review had not been completed and he or she had not received an annual professional performance rating for the two thou- sand twenty--two thousand twenty-one or two thousand twenty-one--two thousand twenty-two school year; 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 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 and was not ineffective in the final year. By a majority vote, the board of A. 7525 4 education may then appoint on tenure any or all of the persons recom- mended by the superintendent of schools. At the expiration of the proba- tionary 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. § 3. Subparagraphs i and ii of paragraph (a) of subdivision 1 of section 2573 of the education law, subparagraph i as amended by section 3 of subpart D of part EE of chapter 56 of the laws of 2015, and subpar- agraph ii as amended by chapter 201 of the laws of 2022, are amended to read as follows: i. Teachers and all other members of the teaching staff, appointed prior to July first, two thousand fifteen and authorized by section twenty-five hundred fifty-four of this article, shall be appointed by the board of education, upon the recommendation of the superintendent of schools, for a probationary period of three years, except that in the case of a teacher who has rendered satisfactory service as a regular substitute for a period of two years or as a seasonally licensed per session teacher of swimming in day schools who has served in that capac- ity for a period of two years and has been appointed to teach the same subject in day schools on an annual salary, the probationary period shall be limited to one year; provided, however, that in the case of a teacher who has been appointed on tenure in another school district within the state, the school district where currently employed, or a board of cooperative educational services, and who was not dismissed from such district or board as a result of charges brought pursuant to subdivision one of section three thousand twenty-a [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 handicapped, to a posi- tion which the teacher has held for at least two years prior to such appointment while serving on tenure in another license area who was not dismissed as a result of charges brought pursuant to subdivision one of section three thousand twenty-a [or section three thousand twenty-b] of this chapter, the probationary period shall be one year. The service of A. 7525 5 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 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 require- ments have been completed within the time specified for the fulfillment of such requirements, notwithstanding the expiration of any probationary period. In all other city school districts subject to the provisions of this article, failure to maintain certification as required by this article and by the regulations of the commissioner shall be cause for removal within the meaning of subdivision five of this section. ii. Teachers and all other members of the teaching staff appointed on or after July first, two thousand fifteen and authorized by section twenty-five hundred fifty-four of this article, shall be appointed by the board of education, upon the recommendation of the superintendent of schools, for a probationary period of four 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 annual professional performance review ratings in each of those years], or SUCH TEACHER 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 a probationary period of A MINIMUM OF two years, DEPENDING UPON THE LENGTH OF THE REGULAR SUBSTITUTE SERVICE THAT SHALL SHORTEN THE LENGTH OF THE PROBATIONARY PERIOD; 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 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, the two thousand twenty-one--two thousand twenty-two or the two thousand twenty-two--two thousand twenty-three 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 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 teach- er shall be appointed for a probationary period of three years; provided A. 7525 6 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 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 appointment while serving on tenure in another license area who was not dismissed as a result of charges brought pursuant to subdivision one of section three thousand twenty-a [or section three thousand twenty-b] of this chapter, the teacher shall be appointed for a probationary period of two years. The service of a person appointed to any of such positions may be discontinued at any time during such probationary period, on the recommendation of the superintendent of schools, by a majority vote of the board of education. Each person who is not to be recommended for appointment on tenure shall be so notified by the superintendent of schools in writing not later than sixty days immediately preceding the expiration of his or her probationary period. In all city school districts subject to the provisions of this article, failure to maintain certification as required by this article and by the regulations of the commissioner shall be cause for removal within the meaning of subdivision five of this section. § 4. Subdivisions 5 and 6 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, paragraph (b) of subdivision 5 and paragraph (b) of subdivision 6 as amended by chapter 201 of the laws of 2022, are amended to read as follows: 5. (a) 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 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 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. (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 or two thousand twenty--two thousand twenty-one school year, who have received composite annual professional performance review ratings pursuant to section three A. 7525 7 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 preced- ing 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, and would have been in the superintendent of schools' discretion qualified for appointment on tenure based upon performance, notwithstanding that his or her annual professional performance review had not been completed and he or she had not received an annual professional performance rating for the two thousand nineteen--two thousand twenty, two thousand twen- ty--two thousand twenty-one or the two thousand twenty-one--two thousand twenty-two school year; provided that, in the case of a classroom teach- er or building principal appointed during the two thousand eighteen--two thousand nineteen or two thousand nineteen--two thousand twenty school year, who has not received composite annual professional performance review ratings pursuant to section three thousand twelve-c or section three thousand twelve-d of this chapter for three consecutive years, no ratings shall be required for the superintendent of schools to recommend for appointment on tenure such teacher or building principal if the teacher or principal would have been, in the superintendent of schools' discretion, qualified for appointment on tenure based upon performance, notwithstanding that his or her annual professional performance review had not been completed and he or she had not received an annual profes- sional performance review rating for the two thousand nineteen--two thousand twenty, two thousand twenty--two thousand twenty-one and two thousand twenty-one--two thousand twenty-two school years; provided that in the case of a classroom teacher or building principal appointed during the two thousand twenty-one--two thousand twenty-two 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 effec- tive 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, and would have been in the superintendent of schools' discretion qualified for appointment on tenure based upon performance, notwithstanding that his or her annual professional performance review had not been completed and he or she had not received an annual professional performance rating for the two thou- sand twenty--two thousand twenty-one or two thousand twenty-one--two thousand twenty-two school year; provided further that, notwithstanding any other provision of this section to the contrary, when a teacher or principal receives an effective and/or highly effective rating in each year of his or her probationary service except he or she receives an ineffective rating in the final year of his or her probationary period, such teacher or principal shall not be eligible for tenure but the board of education in its discretion, may extend the teacher's probationary period for an additional year; provided, however, that if such teacher or principal successfully appealed such ineffective rating, such teacher or principal shall immediately be eligible for tenure if the rating resulting from the appeal established that such individual has been effective or highly effective in at least three 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 A. 7525 8 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 others employed in the teaching service of the schools of such school district who have served the full probationary period as extended pursu- ant 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. 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 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 or two thousand twenty--two thousand twenty-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 one of the four preced- ing 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, and would have been in the superintendent of schools' discretion qualified for appointment on tenure based upon performance, notwithstanding that A. 7525 9 his or her annual professional performance review had not been completed and he or she had not received an annual professional performance rating for the two thousand nineteen--two thousand twenty, two thousand twen- ty--two thousand twenty-one or the two thousand twenty-one--two thousand twenty-two school year; provided that, in the case of a classroom teach- er or building principal appointed during the two thousand eighteen--two thousand nineteen or two thousand nineteen--two thousand twenty school year, who has not received composite annual professional performance review ratings pursuant to section three thousand twelve-c or section three thousand twelve-d of this chapter for three consecutive years, no ratings shall be required for the superintendent of schools to recommend for appointment on tenure such teacher or building principal if the teacher or principal would have been, in the superintendent of schools' discretion, qualified for appointment on tenure based upon performance, notwithstanding that his or her annual professional performance review had not been completed and he or she had not received a composite annual professional performance review rating for the two thousand nineteen-- two thousand twenty, two thousand twenty--two thousand twenty-one and two thousand twenty-one--two thousand twenty-two school years; provided that in the case of a classroom teacher or building principal appointed during the two thousand twenty-one--two thousand twenty-two 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 effec- tive 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, and would have been in the superintendent of schools' discretion qualified for appointment on tenure based upon performance, notwithstanding that his or her annual professional performance review had not been completed and he or she had not received an annual professional performance rating for the two thou- sand twenty--two thousand twenty-one or two thousand twenty-one--two thousand twenty-two school year; 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 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. 7525 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 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. § 5. 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 (a) of subdivision 1 and paragraph (b) of subdivision 2 as amended by chapter 201 of the laws of 2022, and subparagraph ii of para- graph (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 two years or as a seasonally licensed per session teacher of swimming in day schools who has served in that capacity for a period of two years and has been appointed to teach the same subject in day schools, on an annual salary, the probationary period shall be limited to one year; provided, however, that in the case of a teacher who has been appointed on tenure in 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 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. ii. Teachers and all other members of the teaching staff of school districts, including common school districts and/or school districts employing fewer than eight teachers, other than city school districts, who are appointed on or after July first, two thousand fifteen, shall be appointed by the board of education, or the trustees of common school districts, upon the recommendation of the superintendent of schools, for a probationary period of four years, except that in the case of a teach- er who has rendered satisfactory service as a regular substitute for a period of UP TO two years [and, if a classroom teacher, has received annual professional performance review ratings in each of those years,] or SUCH TEACHER has rendered satisfactory service as a seasonally licensed per session teacher of swimming in day schools who has served A. 7525 11 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 a probationary period of A MINIMUM OF two years, DEPENDING UPON THE LENGTH OF THE REGULAR SUBSTITUTE SERVICE THAT SHALL SHORTEN THE LENGTH OF THE PROBATIONARY PERIOD; provided, however, that in the case of a teacher who has been appointed on tenure in anoth- er school district within the state, the school district where currently employed, or a board of cooperative educational services, and who was not dismissed from such district or board as a result of charges brought pursuant to subdivision one of section three thousand twenty-a [or section three thousand twenty-b] of this article, the teacher shall be appointed for a probationary period of three 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 twen- ty-one, the two thousand twenty one--two thousand twenty-two or the two thousand twenty-two--two thousand twenty-three 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 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. (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- A. 7525 12 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 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) At the expiration of the probationary term of a person appointed for such term prior to 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. 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 proba- tionary 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)] (I) insubordination, immoral character or conduct unbecoming a teacher; [(b)] (II) ineffi- ciency, incompetency, physical or mental disability, or neglect of duty; [(c)] (III) failure to maintain certification as required by this chap- ter 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 probationary period. (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 or two thousand twenty--two thousand twenty-one school year, who have received composite A. 7525 13 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 preced- ing 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, and would have been in the superintendent of schools' discretion qualified for appointment on tenure based upon performance, notwithstanding that his or her annual professional performance review had not been completed and he or she had not received an annual professional performance rating for the two thousand nineteen--two thousand twenty, two thousand twen- ty--two thousand twenty-one or the two thousand twenty-one--two thousand twenty-two school year; provided that, in the case of a classroom teach- er or building principal appointed during the two thousand eighteen--two thousand nineteen or two thousand nineteen--two thousand twenty school year, who has not received composite annual professional performance review ratings pursuant to section three thousand twelve-c or section three thousand twelve-d of this article for three consecutive years, no ratings shall be required for the superintendent of schools to recommend for appointment on tenure such teacher or building principal if the teacher or principal would have been, in the superintendent of schools' discretion, qualified for appointment on tenure based upon performance, notwithstanding that his or her annual professional performance review had not been completed and he or she had not received an annual profes- sional performance review rating for the two thousand nineteen--two thousand twenty, two thousand twenty--two thousand twenty-one and two thousand twenty-one--two thousand twenty-two school years; provided that in the case of a classroom teacher or building principal appointed during the two thousand twenty-one--two thousand twenty-two 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 effec- tive 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, and would have been in the superintendent of schools' discretion qualified for appointment on tenure based upon performance, notwithstanding that his or her annual professional performance review had not been completed and he or she had not received an annual professional performance rating for the two thou- sand twenty--two thousand twenty-one or two thousand twenty-one--two thousand twenty-two school year; 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 ineffec- tive 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 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 A. 7525 14 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 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 regu- lations of the commissioner shall constitute cause for removal. 3. 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. § 6. Subdivisions 1, 11, and 17 of section 3012-d of the education law, subdivisions 1 and 11 as added by section 2 of subpart E of part EE of chapter 56 of the laws of 2015, and subdivision 17 as amended by chapter 201 of the laws of 2022, are amended to read as follows: 1. General provisions. Notwithstanding any other provision of law, rule or regulation to the contrary, the annual teacher and principal evaluations (hereinafter, evaluations) implemented by districts shall be conducted in accordance with the provisions of this section. Such annual evaluations shall be a significant factor for employment decisions including but not limited to, promotion, retention, tenure determi- nation, termination, and supplemental compensation. Such evaluations shall also be a significant factor in teacher and principal development including but not limited to coaching, induction support, and differen- tiated professional development; PROVIDED, HOWEVER, THAT FOR THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND THERE- AFTER SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES MAY CONDUCT ANNUAL PROFESSIONAL PERFORMANCE REVIEWS PURSUANT TO SECTION THREE THOUSAND TWELVE-E OF THIS ARTICLE AND IN SUCH CASE THE PROVISIONS OF THIS SECTION SHALL NOT BE APPLICABLE. 11. [Notwithstanding any inconsistent provision of law, no school district shall be eligible for an apportionment of general support for public schools from the funds appropriated for the 2015--2016 school year and any year thereafter in excess of the amount apportioned to such school district in the respective base year unless such school district has submitted documentation that has been approved by the commissioner by November fifteenth, two thousand fifteen, or by September first of each subsequent year, demonstrating that it has fully implemented the standards and procedures for conducting annual teacher and principal evaluations of teachers and principals in accordance with the require- A. 7525 15 ments of this section and the regulations issued by the commissioner. Provided further that any apportionment withheld pursuant to this section shall not occur prior to April first of the current year and shall not have any effect on the base year calculation for use in the subsequent school year. For purposes of this section, "base year" shall mean the base year as defined in paragraph b of subdivision one of section thirty-six hundred two of this chapter, and "current year" shall mean the current year as defined in paragraph a of subdivision one of section thirty-six hundred two of this chapter] THE SUPERINTENDENT OF EACH SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AS APPLICABLE, SHALL CERTIFY BY SEPTEMBER FIRST OF EACH YEAR THAT THEIR SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES HAS ANNUAL PROFESSIONAL PERFORMANCE REVIEW PLANS FOR TEACHERS AND PRINCIPALS WHICH ARE IN COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION OR WITH THOSE OF SECTION THREE THOUSAND TWELVE-E OF THIS ARTICLE AND THAT THE DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES CONDUCTED EVALUATIONS IN ACCORDANCE WITH THOSE PLANS DURING THE PRECEDING SCHOOL YEAR. 17. Notwithstanding any other provision of this section, for the two thousand twenty--two thousand twenty-one [and], the two thousand twen- ty-one--two thousand twenty-two, AND THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE school years, no school district or board of coop- erative educational services shall be required to 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]. § 7. The education law is amended by adding a new section 3012-e to read as follows: § 3012-E. OPTIONAL SYSTEM OF ANNUAL PROFESSIONAL PERFORMANCE REVIEW PLANS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGU- LATION TO THE CONTRARY, FOR THE ANNUAL PROFESSIONAL PERFORMANCE REVIEWS RELATED TO THE TWO THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR SCHOOL YEAR AND THEREAFTER ANY SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY CONDUCT THE ANNUAL PROFESSIONAL PERFORMANCE REVIEW OF TEACHERS AND BUILDING PRINCIPALS EMPLOYED BY SUCH SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. PERFORMANCE REVIEW PLANS DEVELOPED PURSUANT TO THIS SECTION SHALL BE THE RESULT OF REACHING A COLLECTIVELY BARGAINED AGREEMENT NEGOTIATED AND APPROVED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW WHERE A RECOGNIZED EMPLOYEE ORGANIZATION EXISTS. 2. NOTHING HEREIN SHALL REQUIRE MODIFICATION OF AN EXISTING APPROVED ANNUAL PROFESSIONAL PERFORMANCE REVIEW PLAN AND ALL ANNUAL PROFESSIONAL PERFORMANCE PLANS APPROVED PURSUANT TO THE PROVISIONS OF SECTION THREE THOUSAND TWELVE-D OF THIS ARTICLE SHALL NOT BE AFFECTED BY THE PROVISIONS HEREIN UNLESS A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES NOTIFIES THE STATE EDUCATION DEPARTMENT THAT A NEW PLAN HAS BEEN NEGOTIATED, ADOPTED, AND IS CONSISTENT WITH THE PROVISIONS OF THIS SECTION. A PLAN MAY STILL BE ADOPTED PURSUANT TO SECTION THREE THOUSAND TWELVE-D OF THIS ARTICLE CONSISTENT WITH THE PROVISIONS OF SUCH SECTION, AND AN EXISTING PLAN ADOPTED PURSUANT TO SUCH SECTION MAY STILL BE MODIFIED. THE MOST RECENTLY COLLECTIVELY BARGAINED PLAN DEVELOPED PURSUANT TO THIS SECTION OR APPROVED PURSUANT TO SECTION THREE THOUSAND TWELVE-D OF THIS ARTICLE SHALL REMAIN IN EFFECT UNTIL THE DISTRICT NOTI- FIES THE STATE EDUCATION DEPARTMENT THAT A NEW PLAN HAS BEEN NEGOTIATED AND ADOPTED. A. 7525 16 3. A DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL MAKE ANY PLAN ADOPTED PURSUANT TO THIS SECTION AVAILABLE ON THE DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES WEBSITE; PROVIDED, HOWEVER, THAT A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL NOT DISCLOSE OR RELEASE TO THE PUBLIC, OR TO ANY GOVERNMENTAL ENTITY, THE QUALITY RATINGS OR EFFECTIVENESS SCORES FOR ANY TEACHER OR BUILDING PRINCIPAL RESULTING FROM THE ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED PURSUANT TO THIS SECTION. SUCH PROHIBITION SHALL APPLY TO BOTH A FINAL COMPOSITE RATING/SCORE AND ANY SUBCOMPONENT RATING/SCORE RELATED THERETO. PROVIDED FURTHER, HOWEVER, THAT ANNUAL PROFESSIONAL PERFORMANCE REVIEWS OF INDIVIDUAL TEACHERS AND PRINCIPALS SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW. 4. ANNUAL PROFESSIONAL PERFORMANCE REVIEW PLANS SHALL: (A) INCLUDE THE CRITERIA BY WHICH ALL BUILDING PRINCIPALS AND TEACHING PERSONNEL SHALL BE REVIEWED AND A DESCRIPTION OF THE REVIEW PROCEDURES; (B) BE CONSIST- ENT WITH STATE TEACHING AND EDUCATIONAL LEADERSHIP STANDARDS; AND (C) INCLUDE, BUT NOT BE LIMITED TO: (I) THE NUMBER OF OBSERVATIONS; (II) THE FREQUENCY OF OBSERVATIONS; AND (III) PROVISIONS FOR A FOLLOW-UP MEETING TO REVIEW THE FINDINGS OF THE REVIEW. NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE THAT ALL TEACHERS OR PRINCIPALS HAVE THE SAME NUMBER OR FREQUENCY OF OBSERVATIONS. THE PLANS SHALL INCLUDE FOUR COMPOSITE RATINGS: ONE, TWO, THREE, AND FOUR. A LEVEL ONE RATING SHALL DESIGNATE THE LOWEST ATTAINABLE RATING AND A LEVEL FOUR RATING SHALL DESIGNATE THE HIGHEST ATTAINABLE RATING. EACH PLAN SHALL ALSO INCLUDE TEACHER OR PRINCIPAL IMPROVEMENT PLANS WHICH SHALL BE DEVELOPED BY THE DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AS APPLICABLE, FOR TEACHERS OR PRINCIPALS WITH A COMPOSITE RATING OF ONE OR TWO. 5. THE DISTRICT, OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AS APPLICABLE, SHALL ENSURE THAT ALL AFFECTED PERSONNEL ARE ACQUAINTED WITH THE ANNUAL PROFESSIONAL PERFORMANCE REVIEW PLAN AND SHALL ENSURE THAT EACH TEACHER AND BUILDING PRINCIPAL WHO IS REVIEWED IN ACCORDANCE WITH THIS SECTION HAS THE OPPORTUNITY TO PROVIDE WRITTEN COMMENT ON THEIR PERFORMANCE REVIEW. 6. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT THE UNFETTERED STATUTORY RIGHT OF A DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AS APPLICABLE, TO TERMINATE A PROBATIONARY (NON-TENURED) TEACHER OR PRINCIPAL FOR ANY STATUTORILY AND CONSTITUTIONALLY PERMISSIBLE REASONS. 7. THE SUPERINTENDENT OF EACH SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AS APPLICABLE, SHALL CERTIFY BY SEPTEMBER FIRST OF EACH YEAR THAT THEIR SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES HAS ANNUAL PROFESSIONAL PERFORMANCE REVIEW PLANS FOR TEACHERS AND FOR PRINCIPALS WHICH ARE IN COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION OR WITH THOSE OF SECTION THREE THOUSAND TWELVE-D OF THIS ARTICLE AND THAT THE DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES CONDUCTED EVALUATIONS IN ACCORDANCE WITH SUCH PLANS DURING THE PRECEDING SCHOOL YEAR. § 8. 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 and paragraph (b) of subdivision 2 as amended by chapter 201 of the laws of 2022, 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, A. 7525 17 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 class- room teacher, the teacher demonstrates that he or she received a compos- ite 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, admin- istrator, 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, admin- istrator, supervisor, 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 probationary period during the two thousand twenty--two thousand twenty-one, the two thousand twenty-one--two thousand twenty-two or the two thousand twenty-two--two thousand twenty-three 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 cooperative 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 for a probationary period of three years; provided that, in the case of a A. 7525 18 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 of either effective or highly effective 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 recom- mendation 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 of a person appointed for such term prior to July first, two thousand fifteen, the district superintendent of schools shall make a written report to the board of cooperative educational services recommending 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 character or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or neglect of duty; (iii) Failure to maintain certification as required by this chapter and by the regulations of the commissioner. Each person who is not to be so recommended for appointment on tenure shall be so noti- fied in writing by the district superintendent not later than sixty days immediately preceding the expiration of his or her probationary period. (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 prin- cipal, 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, 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 or two thousand twenty--two thousand twenty-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 effec- tive 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 probationary period or in the most recent school year where a rating was received, and would have been in the district superintendent of schools' discretion qualified for appointment on tenure based upon performance, notwithstanding that his or her annual professional performance review had not been completed and he or she had not received an annual professional performance rating for the two thou- sand nineteen--two thousand twenty, two thousand twenty--two thousand twenty-one or the two thousand twenty-one--two thousand twenty-two school year; provided that, in the case of a classroom teacher or build- ing principal appointed during the two thousand eighteen--two thousand nineteen or two thousand nineteen--two thousand twenty school year, who A. 7525 19 has not received composite annual professional performance review ratings pursuant to section three thousand twelve-c or section three thousand twelve-d of this article for three consecutive years, no ratings shall be required for the district superintendent of schools to recommend for appointment on tenure such teacher or building principal if the teacher or principal would have been, in the district superinten- dent of schools' discretion, qualified for appointment on tenure based upon performance, notwithstanding that his or her annual professional performance review had not been completed and he or she had not received an annual professional performance review rating for the two thousand nineteen--two thousand twenty, two thousand twenty--two thousand twen- ty-one and two thousand twenty-one--two thousand twenty-two school years; provided that in the case of a classroom teacher or building principal appointed during the two thousand twenty-one--two thousand twenty-two 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, and would have been in the district superintendent of schools' discretion qualified for appointment on tenure based upon performance, notwithstanding that his or her annual professional performance review had not been completed and he or she had not received an annual professional performance rating for the two thousand twenty--two thousand twenty-one or two thousand twen- ty-one--two thousand twenty-two school year; 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 proba- tionary period, such teacher shall not be eligible for tenure but the board of education in its discretion, may extend the teacher's proba- tionary period for an additional year; provided, however that if such teacher or principal successfully appealed such ineffective rating, such teacher or principal shall immediately be eligible for tenure if the rating resulting from the appeal established that such individual has been effective or highly effective in at least three of the preceding four years and was not ineffective in the final year. At the expiration of the probationary period, the classroom teacher or building principal shall remain in probationary status until the end of the school year in which such teacher or principal has received such ratings of effective or highly effective for at least three of the four preceding school years, exclusive of any breaks in service, 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 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 shall hold their respective positions during good behavior and competent and efficient service and shall not be removed except for any of the follow- A. 7525 20 ing causes, after a hearing, as provided by section three thousand twen- ty-a [or section three thousand twenty-b] of this article: (i) Insubor- dination, immoral character or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or neglect of duty; (iii) Failure to main- tain 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 expi- ration of his or her probationary period. § 9. Section 3020 of the education law, as amended by chapter 691 of the laws of 1994, subdivision 1 as amended by chapter 103 of the laws of 2010, subdivision 3 and paragraph a of subdivision 4 as amended by section 2 of subpart G of part EE of chapter 56 of the laws of 2015, and subdivision 4 as added by section 1 of part J of chapter 93 of the laws of 2002, is amended to read as follows: § 3020. Discipline of teachers. 1. No person enjoying the benefits of tenure shall be disciplined or removed during a term of employment except for just cause and in accordance with the procedures specified in section three thousand twenty-a of this article or in accordance with alternate disciplinary procedures contained in a collective bargaining agreement covering his or her terms and conditions of employment that was effective on or before September first, nineteen hundred ninety-four and has been unaltered by renegotiation, or in accordance with alterna- tive disciplinary procedures contained in a collective bargaining agree- ment covering his or her terms and conditions of employment that becomes effective on or after September first, nineteen hundred ninety-four; provided, however, that any such alternate disciplinary procedures contained in a collective bargaining agreement that becomes effective on or after September first, nineteen hundred ninety-four, must provide for the written election by the employee of either the procedures specified in such section [three thousand twenty-a] or the alternative discipli- nary procedures contained in the collective bargaining agreement and must result in a disposition of the disciplinary charge within the amount of time allowed therefor under such section [three thousand twen- ty-a; and provided further that any alternate disciplinary procedures contained in a collective bargaining agreement that becomes effective on or after July first, two thousand ten shall provide for an expedited hearing process before a single hearing officer in accordance with subparagraph (i-a) of paragraph c of subdivision three of section three thousand twenty-a of this article in cases in which charges of incompe- tence are brought based solely upon an allegation of a pattern of inef- fective teaching or performance as defined in section three thousand twelve-c of this article and shall provide that such a pattern of inef- fective teaching or performance shall constitute very significant evidence of incompetence which may form the basis for just cause removal]. 2. No person enjoying the benefits of tenure shall be suspended for a fixed time without pay or dismissed due to a violation of article thir- teen-E of the public health law. 3. Notwithstanding any inconsistent provision of law, the procedures set forth in section three thousand twenty-a of this article and subdi- vision seven of section twenty-five hundred ninety-j of this chapter may be modified or replaced by agreements negotiated between the city school district of the city of New York and any employee organization repres- enting employees or titles that are or were covered by any memorandum of agreement executed by such city school district and the council of A. 7525 21 supervisors and administrators of the city of New York on or after December first, nineteen hundred ninety-nine. Where such procedures are so modified or replaced: (i) compliance with such modification or replacement procedures shall satisfy any provision in this chapter that requires compliance with section three thousand twenty-a OF THIS ARTICLE, (ii) any employee against whom charges have been preferred prior to the effective date of such modification or replacement shall continue to be subject to the provisions of such section as in effect on the date such charges were preferred, (iii) the provisions of subdivi- sions one and two of this section shall not apply to agreements negoti- ated pursuant to this subdivision, and (iv) in accordance with paragraph (e) of subdivision one of section two hundred nine-a of the civil service law, such modification or replacement procedures contained in an agreement negotiated pursuant to this subdivision shall continue as terms of such agreement after its expiration until a new agreement is negotiated[; provided that any alternate disciplinary procedures contained in a collective bargaining agreement that becomes effective on or after July first, two thousand ten shall provide for an expedited hearing process before a single hearing officer in accordance with subparagraph (i-a) of paragraph c of subdivision three of section three thousand twenty-a of this article in cases in which charges of incompe- tence are brought against a building principal based solely upon an allegation of a pattern of ineffective teaching or performance as defined in section three thousand twelve-c of this article and shall provide that such a pattern of ineffective teaching or performance shall constitute very significant evidence of incompetence which may form the basis for just cause removal of the building principal and provided further that any alternate disciplinary procedures contained in a collective bargaining agreement that becomes effective on or after July first, two thousand fifteen shall provide that all hearings pursuant to sections three thousand twenty-a or three thousand twenty-b of this article shall be conducted before a single hearing officer and that two consecutive ineffective ratings pursuant to annual professional perform- ance reviews conducted in accordance with the provisions of section three thousand twelve-c or three thousand twelve-d of this article shall constitute prima facie evidence of incompetence that can only be over- come by clear and convincing evidence that the employee is not incompe- tent in light of all surrounding circumstances, and if not successfully overcome, the finding, absent extraordinary circumstances, shall be just cause for removal, and that three consecutive ineffective ratings pursu- ant to annual professional performance reviews conducted in accordance with the provisions of section three thousand twelve-c or three thousand twelve-d of this article shall constitute prima facie evidence of incom- petence that can only be overcome by clear and convincing evidence that the calculation of one or more of the principal's underlying components on the annual professional performance reviews pursuant to section three thousand twelve-c or three thousand twelve-d of this article was fraudu- lent, and if not successfully overcome, the finding, absent extraor- dinary circumstances, shall be just cause for removal. For purposes of this subdivision, fraud shall include mistaken identity]. Notwithstand- ing any inconsistent provision of law, the commissioner shall review any appeals authorized by such modification or replacement procedures within fifteen days from receipt by such commissioner of the record of prior proceedings in the matter subject to appeal. Such review shall have preference over all other appeals or proceedings pending before such commissioner. A. 7525 22 4. a. Notwithstanding any inconsistent provision of law, the proce- dures set forth in section three thousand twenty-a of this article and subdivision seven of section twenty-five hundred ninety-j of this chap- ter may be modified by agreements negotiated between the city school district of the city of New York and any employee organization repres- enting employees or titles that are or were covered by any memorandum of agreement executed by such city school district and the united feder- ation of teachers on or after June tenth, two thousand two. Where such procedures are so modified: (i) compliance with such modified procedures shall satisfy any provision of this chapter that requires compliance with section three thousand twenty-a of this article; (ii) any employee against whom charges have been preferred prior to the effective date of such modification shall continue to be subject to the provisions of such section as in effect on the date such charges were preferred; (iii) the provisions of subdivisions one and two of this section shall not apply to agreements negotiated pursuant to this subdivision, except that no person enjoying the benefits of tenure shall be disciplined or removed during a term of employment except for just cause; and (iv) in accord- ance with paragraph (e) of subdivision one of section two hundred nine-a of the civil service law, such modified procedures contained in an agreement negotiated pursuant to this subdivision shall continue as terms of such agreement after its expiration until a new agreement is negotiated[; and provided further that any alternate disciplinary proce- dures contained in a collective bargaining agreement that becomes effec- tive on or after July first, two thousand ten shall provide for an expe- dited hearing process before a single hearing officer in accordance with subparagraph (i-a) of paragraph c of subdivision three of section three thousand twenty-a of this article in cases in which charges of incompe- tence are brought based solely upon an allegation of a pattern of inef- fective teaching or performance as defined in section three thousand twelve-c of this article and shall provide that such a pattern of inef- fective teaching or performance shall constitute very significant evidence of incompetence which may form the basis for just cause removal, and provided further that any alternate disciplinary procedures contained in a collective bargaining agreement that becomes effective on or after July first, two thousand fifteen shall provide that all hear- ings pursuant to sections three thousand twenty-a or three thousand twenty-b of this article shall be conducted before a single hearing officer and that two consecutive ineffective ratings pursuant to annual professional performance reviews conducted in accordance with the provisions of section three thousand twelve-c or three thousand twelve-d of this article shall constitute prima facie evidence of incompetence that can only be overcome by clear and convincing evidence that the employee is not incompetent in light of all surrounding circumstances, and if not successfully overcome, the finding, absent extraordinary circumstances, shall be just cause for removal, and that three consec- utive ineffective ratings pursuant to annual professional performance reviews conducted in accordance with the provisions of section three thousand twelve-c or three thousand twelve-d of this article shall constitute prima facie evidence of incompetence that can only be over- come by clear and convincing evidence that the calculation of one or more of the teacher's underlying components on the annual professional performance reviews pursuant to section three thousand twelve-c or three thousand twelve-d of this article was fraudulent, and if not successful- ly overcome, the finding, absent extraordinary circumstances, shall be A. 7525 23 just cause for removal. For purposes of this paragraph, fraud shall include mistaken identity]. b. Any modifications to the procedures set forth in section three thousand twenty-a of this article and subdivision seven of section twen- ty-five hundred ninety-j of this chapter shall not change the manner in which the fees and expenses of such proceedings pursuant to the afore- said sections are paid. § 10. Section 3020-b of the education law is REPEALED. § 11. This act shall take effect immediately.
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