S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6880
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 12, 2023
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed 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
              

 S. 6880                             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
 S. 6880                             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
 S. 6880                             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
 S. 6880                             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
 S. 6880                             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
 S. 6880                             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
 S. 6880                             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
 S. 6880                             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
 S. 6880                            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
 S. 6880                            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-
 S. 6880                            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
 S. 6880                            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
 S. 6880                            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-
 S. 6880                            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.
 S. 6880                            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,
 S. 6880                            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
 S. 6880                            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
 S. 6880                            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-
 S. 6880                            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
 S. 6880                            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.
 S. 6880                            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
 S. 6880                            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.