LBD15037-04-4
S. 9054 2
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] SUCH
PERSON'S probationary 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
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
S. 9054 3
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
education may then appoint on tenure any or all of the persons recom-
mended by the superintendent of schools. [At the expiration of the
probationary period, the classroom teacher or building principal shall
S. 9054 4
remain in probationary status until the end of the school year in which
such teacher or principal has received such ratings of effective or
highly effective for at least three of the four preceding school years
exclusive of any breaks in service and subject to the terms hereof,
during which time a board of education shall consider whether to grant
tenure for those classroom teachers or building principals who otherwise
have been found competent, efficient and satisfactory. Provided, howev-
er, 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 require-
ments of this section, and if such contingency is not met after all
appeals have been exhausted, the grant of tenure shall be void and unen-
forceable 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 proba-
tionary period as extended pursuant to this subdivision] ANY PERSON WHO
HAS ACQUIRED TENURE shall, UPON SUCH PERSON'S EFFECTIVE TENURE DATE,
hold their [respective positions] POSITION 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 AND
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 person appointed to any of such positions may be discontinued at any
S. 9054 5
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]
SUCH PERSON'S 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 twen-
ty-second day of May, nineteen hundred sixty-nine appointed upon condi-
tions that all announced requirements for the position be fulfilled
within a specified period of time, shall not acquire tenure unless and
until such requirements have been completed within the time specified
for the fulfillment of such requirements, notwithstanding the expiration
of any probationary period. In all other city school districts subject
to the provisions of this article, failure to maintain certification as
required by this article and by the regulations of the commissioner
shall be cause for removal within the meaning of subdivision five of
this section.
ii. Teachers and all other members of the teaching staff appointed on
or after July first, two thousand fifteen and authorized by section
twenty-five hundred fifty-four of this article, shall be appointed by
the board of education, upon the recommendation of the superintendent of
schools, for a probationary period of four 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. 9054 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]
SUCH PERSON'S 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. 9054 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. 9054 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]. ANY PERSON WHO HAS ACQUIRED TENURE shall, UPON
SUCH PERSON'S EFFECTIVE TENURE DATE, hold their [respective positions]
POSITION 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 AND 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
S. 9054 9
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 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,
S. 9054 10
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]. ANY PERSON WHO HAS
ACQUIRED TENURE shall, UPON SUCH PERSON'S EFFECTIVE TENURE DATE, hold
their [respective positions] POSITION 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 AND 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
S. 9054 11
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 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,
S. 9054 12
other than city school districts, who are appointed on or after July
first, two thousand fifteen, shall be appointed by the board of educa-
tion, or the trustees of a common school district, upon the recommenda-
tion of the superintendent of schools for a probationary period of four
years; provided, however, that in the case of a principal, administra-
tor, supervisor, or other member of the supervising staff who has been
appointed on tenure pursuant to this chapter as an administrator within
an authorized administrative tenure area in another school district
within the state, the school district where currently employed, or a
board of cooperative educational services, and who was not dismissed
from such district or board as a result of charges brought pursuant to
subdivision one of section three thousand twenty-a [or section three
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] SUCH PERSON'S 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
S. 9054 13
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 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
S. 9054 14
effective in at least three of the preceding four years and was not
ineffective in the final year. At the expiration of the probationary
period, the classroom teacher or building principal shall remain in
probationary status until the end of the school year in which such
teacher or principal has received such ratings of effective or highly
effective for at least three of the four preceding school years, exclu-
sive of any breaks in service, and subject to the terms hereof, during
which time the trustees or board of education shall consider whether to
grant tenure for those classroom teachers or building principals who
otherwise have been found competent, efficient and satisfactory.
Provided, however, that the trustees or board of education may grant
tenure contingent upon a classroom teacher's or building principal's
receipt of a minimum rating in the final year of the probationary peri-
od, pursuant to the requirements of this section, and if such contingen-
cy is not met after all appeals have been exhausted, the grant of tenure
shall be void and unenforceable and the teacher's or principal's proba-
tionary period may be extended in accordance with this subdivision. Such
persons who have been recommended for tenure and all others employed in
the teaching service of the schools of such school district who have
served the full probationary period as extended pursuant to this subdi-
vision]. ANY PERSON WHO HAS ACQUIRED TENURE shall, UPON SUCH PERSON'S
EFFECTIVE TENURE DATE, hold their [respective positions] POSITION 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 AND SECTION three thousand twenty-a [or section three
thousand twenty-b] of this article. Failure to maintain certification as
required by this chapter and the regulations of the commissioner shall
constitute cause for removal.
3. 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-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFT-
ER, SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES MAY
CONDUCT ANNUAL PROFESSIONAL PERFORMANCE REVIEWS PURSUANT TO SECTION
THREE THOUSAND TWELVE-E OF THIS ARTICLE. IN SUCH CASE, THE PROVISIONS OF
THIS SECTION SHALL NOT BE APPLICABLE. PROVIDED, HOWEVER, ANNUAL TEACHER
AND PRINCIPAL EVALUATION PLANS ADOPTED PURSUANT TO THIS SECTION SHALL
NOT BE APPLICABLE AFTER THE TWO THOUSAND THIRTY-ONE--TWO THOUSAND THIR-
TY-TWO SCHOOL YEAR.
S. 9054 15
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-
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] 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 A TEACHER AND PRINCIPAL EVALUATION
PLAN THAT IS IN COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION OR A
PERFORMANCE REVIEW PLAN THAT IS IN COMPLIANCE WITH THE REQUIREMENTS OF
SECTION THREE THOUSAND TWELVE-E OF THIS ARTICLE, AS APPLICABLE, AND THAT
THE DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES CONDUCTED
EVALUATIONS IN ACCORDANCE WITH THEIR MOST RECENTLY APPROVED PLAN DURING
THE PRECEDING SCHOOL YEAR. PROVIDED, HOWEVER, THAT A SCHOOL DISTRICT OR
BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY ONLY HAVE AN APPROVED
TEACHER AND PRINCIPAL EVALUATION PLAN PURSUANT TO THIS SECTION UNTIL
JUNE THIRTIETH, TWO THOUSAND THIRTY-TWO.
17. Notwithstanding any other provision of this section, for the two
thousand twenty--two thousand twenty-one and the two thousand twenty-
one--two thousand twenty-two school years, no school district or board
of cooperative educational services shall be required to complete an
annual teacher and principal evaluation required by this section for any
classroom teacher or building principal [and state funding shall not be
withheld from any school district for not complying with the require-
ments of this section].
§ 7. The education law is amended by adding a new section 3012-e to
read as follows:
§ 3012-E. TEACHER AND PRINCIPAL PERFORMANCE REVIEW PLANS. 1. NOTWITH-
STANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION TO THE CONTRA-
RY, FOR THE ANNUAL PROFESSIONAL PERFORMANCE REVIEWS RELATED TO THE TWO
THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFT-
ER, A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL
CONDUCT PERFORMANCE REVIEWS OF CLASSROOM TEACHERS AND BUILDING PRINCI-
PALS IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION OR SECTION THREE
THOUSAND TWELVE-D OF THIS ARTICLE, AS APPLICABLE. PROVIDED THAT ALL
SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES SHALL
ADOPT A PERFORMANCE REVIEW PLAN PURSUANT TO THIS SECTION NO LATER THAN
JUNE THIRTIETH, TWO THOUSAND THIRTY-TWO AND SUCH PLAN SHALL BE USED TO
COMPLETE PERFORMANCE REVIEWS OF CLASSROOM TEACHERS AND BUILDING PRINCI-
PALS NO LATER THAN THE TWO THOUSAND THIRTY-TWO--TWO THOUSAND THIRTY-
THREE SCHOOL YEAR. PERFORMANCE REVIEW PLANS DEVELOPED PURSUANT TO THIS
SECTION SHALL BE THE RESULT OF REACHING A COLLECTIVELY BARGAINED AGREE-
S. 9054 16
MENT NEGOTIATED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW
WHERE A RECOGNIZED EMPLOYEE ORGANIZATION EXISTS.
2. NOTHING HEREIN SHALL REQUIRE MODIFICATION OF AN EXISTING TEACHER
AND PRINCIPAL EVALUATION PLAN APPROVED BY THE COMMISSIONER PURSUANT TO
SECTION THREE THOUSAND TWELVE-D OF THIS ARTICLE AND ALL TEACHER AND
PRINCIPAL EVALUATION PLANS APPROVED BY THE COMMISSIONER PURSUANT TO THE
PROVISIONS OF SECTION THREE THOUSAND TWELVE-D OF THIS ARTICLE SHALL NOT
BE AFFECTED BY THE PROVISIONS OF THIS SECTION ON OR BEFORE JUNE THIRTI-
ETH, TWO THOUSAND THIRTY-TWO; PROVIDED, HOWEVER, THAT WHEN A SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES ADOPTS A PERFORM-
ANCE REVIEW PLAN PURSUANT TO THIS SECTION, THE SCHOOL DISTRICT OR BOARD
OF COOPERATIVE EDUCATIONAL SERVICES SHALL NOTIFY THE DEPARTMENT AND
SUBMIT THE NEW PLAN TO THE DEPARTMENT FOR REVIEW ON A FORM AND IN A
MANNER PRESCRIBED BY THE COMMISSIONER. PROVIDED FURTHER THAT, PRIOR TO
JUNE THIRTIETH, TWO THOUSAND THIRTY-TWO, A TEACHER AND PRINCIPAL EVALU-
ATION PLAN MAY STILL BE ADOPTED OR MODIFIED PURSUANT TO SECTION THREE
THOUSAND TWELVE-D OF THIS ARTICLE CONSISTENT WITH THE PROVISIONS OF SUCH
SECTION.
3. THE PERFORMANCE REVIEWS CONDUCTED PURSUANT TO THIS SECTION SHALL BE
A SIGNIFICANT FACTOR IN TEACHER AND PRINCIPAL DEVELOPMENT, INCLUDING BUT
NOT LIMITED TO COACHING, INDUCTION SUPPORT, AND DIFFERENTIATED PROFES-
SIONAL DEVELOPMENT FOR ALL TEACHERS AND PRINCIPALS.
4. (A) A SCHOOL BOARD OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES
SHALL MAKE ITS MOST RECENTLY ADOPTED AND REVIEWED PLAN PURSUANT TO THIS
SECTION AVAILABLE ON THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES' WEBSITE.
(B) ON AN ANNUAL BASIS, EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE
EDUCATIONAL SERVICES SHALL SUBMIT TO THE COMMISSIONER THE RATINGS FOR
EACH CLASSROOM TEACHER AND BUILDING PRINCIPAL ON EACH APPLICABLE TEACH-
ING OR LEADERSHIP STANDARD, AS WELL AS THE OVERALL RATING FOR EACH
TEACHER AND PRINCIPAL, WHERE AVAILABLE, ON A FORM AND IN A MANNER
PRESCRIBED BY THE COMMISSIONER. SUCH DATA SHALL BE COLLECTED AND USED TO
THE EXTENT NECESSARY TO COMPLY WITH ANY APPLICABLE STATE AND FEDERAL
STATUTORY REQUIREMENTS.
(C) THE COMMISSIONER AND EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE
EDUCATIONAL SERVICES SHALL ENSURE THAT ANY RELEASE TO THE PUBLIC OF DATA
COLLECTED PURSUANT TO THIS SECTION, OR ANY OTHER DATA THAT IS USED AS A
COMPONENT OF PERFORMANCE REVIEWS, DOES NOT INCLUDE PERSONALLY IDENTIFY-
ING INFORMATION FOR ANY CLASSROOM TEACHER OR BUILDING PRINCIPAL;
PROVIDED, HOWEVER, THAT EACH SCHOOL DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES SHALL FULLY DISCLOSE AND RELEASE TO THE PARENTS OR
LEGAL GUARDIANS OF A STUDENT THE MOST RECENT PERFORMANCE REVIEW RATING
RECEIVED FOR EACH OF THE TEACHERS AND FOR THE PRINCIPAL OF THE SCHOOL
BUILDING TO WHICH THE STUDENT IS ASSIGNED FOR THE CURRENT SCHOOL YEAR
CONSISTENT WITH PARAGRAPH B OF SUBDIVISION TEN OF SECTION THREE THOUSAND
TWELVE-C OF THIS ARTICLE.
(D) PERFORMANCE REVIEWS OF INDIVIDUAL CLASSROOM TEACHERS AND BUILDING
PRINCIPALS SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF
THE PUBLIC OFFICERS LAW.
5. (A) PERFORMANCE REVIEW PLANS DEVELOPED PURSUANT TO THIS SECTION
SHALL:
(I) INCLUDE THE CRITERIA BY WHICH ALL CLASSROOM TEACHERS AND BUILDING
PRINCIPALS SHALL BE REVIEWED AND A DESCRIPTION OF THE REVIEW PROCEDURES;
(II) ADDRESS EACH STATE TEACHING AND EDUCATIONAL LEADERSHIP STANDARD,
AS DEVELOPED OR ADOPTED BY THE COMMISSIONER;
S. 9054 17
(III) CONSIST OF MULTIPLE MEASURES; PROVIDED, HOWEVER, THAT ONE MEAS-
URE SHALL BE CLASSROOM OBSERVATIONS OF CLASSROOM TEACHERS AND SCHOOL
VISITS OF BUILDING PRINCIPALS. THE PLAN SHALL DESCRIBE THE NUMBER AND
FREQUENCY OF OBSERVATIONS; PROVIDED THAT NOTHING HEREIN SHALL BE
CONSTRUED TO REQUIRE THAT ALL CLASSROOM TEACHERS OR BUILDING PRINCIPALS
HAVE THE SAME NUMBER OR FREQUENCY OF OBSERVATIONS.
(IV) PROVIDE THE CLASSROOM TEACHER OR BUILDING PRINCIPAL WITH TIMELY,
ACTIONABLE FEEDBACK ON THEIR PRACTICE BASED ON THE INFORMATION COLLECTED
AS PART OF THE PERFORMANCE REVIEW;
(V) ASSIGN RATINGS ON EACH APPLICABLE TEACHING OR EDUCATIONAL LEADER-
SHIP STANDARD AND AN OVERALL RATING OF LEVEL 4, LEVEL 3, LEVEL 2, OR
LEVEL 1 CONSISTENT WITH THE FOLLOWING REQUIREMENTS:
(1) LEVEL 1 SHALL INDICATE PERFORMANCE SIGNIFICANTLY BELOW A SCHOOL
DISTRICT'S OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES' EXPECTATIONS
ALIGNED TO TEACHING OR EDUCATIONAL LEADERSHIP STANDARDS;
(2) LEVEL 2 SHALL INDICATE PERFORMANCE THAT PARTIALLY MEETS A SCHOOL
DISTRICT'S OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES' EXPECTATIONS
ALIGNED TO TEACHING OR EDUCATIONAL LEADERSHIP STANDARDS;
(3) LEVEL 3 SHALL INDICATE PERFORMANCE THAT MEETS A SCHOOL DISTRICT'S
OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES' EXPECTATIONS ALIGNED TO
TEACHING OR EDUCATIONAL LEADERSHIP STANDARDS; AND
(4) LEVEL 4 SHALL INDICATE PERFORMANCE THAT EXCEEDS A SCHOOL
DISTRICT'S OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES' EXPECTATIONS
ALIGNED TO TEACHING OR EDUCATIONAL LEADERSHIP STANDARDS;
(VI) ENSURE THAT IT IS POSSIBLE FOR A CLASSROOM TEACHER OR BUILDING
PRINCIPAL TO OBTAIN EACH RATING ON EACH TEACHING OR EDUCATIONAL LEADER-
SHIP STANDARD AND AS AN OVERALL RATING. THE PROCESS BY WHICH RATINGS ARE
ASSIGNED SHALL BE TRANSPARENT AND AVAILABLE TO THOSE BEING RATED PRIOR
TO THE START OF THE SCHOOL YEAR, TO THE EXTENT PRACTICABLE; AND
(VII) INCLUDE A PROCESS FOR EACH CLASSROOM TEACHER AND BUILDING PRIN-
CIPAL TO RECEIVE FORMAL SUPPORT FOR PROFESSIONAL GROWTH EACH YEAR,
PROVIDED THAT TEACHERS AND PRINCIPALS WHO RECEIVE AN OVERALL RATING OF
LEVEL 1 OR 2 SHALL HAVE A PERSONALIZED PROFESSIONAL DEVELOPMENT PLAN,
DEVELOPED BY THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES, CONSISTENT WITH A LOCALLY DETERMINED GROWTH GOAL SETTING PROC-
ESS.
(B) ONE MEASURE MAY BE USED TO ADDRESS MORE THAN ONE TEACHING OR
EDUCATIONAL LEADERSHIP STANDARD PROVIDED THAT THE PERFORMANCE REVIEW
INCLUDES MULTIPLE MEASURES.
(C) PERFORMANCE REVIEWS CONDUCTED PURSUANT TO THIS SECTION MAY ASSESS
A SUBSET OF THE TEACHING AND EDUCATIONAL LEADERSHIP STANDARDS IN A GIVEN
YEAR; PROVIDED, HOWEVER, THAT PROBATIONARY CLASSROOM TEACHERS AND BUILD-
ING PRINCIPALS SHALL BE RATED ON EACH TEACHING OR EDUCATIONAL LEADERSHIP
STANDARD ANNUALLY.
(D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE ALL CLASS-
ROOM TEACHERS OR BUILDING PRINCIPALS TO BE EVALUATED BASED ON THE SAME
MEASURES OR TO RECEIVE AN OVERALL RATING ANNUALLY; PROVIDED, HOWEVER,
THAT AT A MINIMUM, PROBATIONARY TEACHERS AND PRINCIPALS SHALL RECEIVE A
RATING ON EACH TEACHING OR EDUCATIONAL LEADERSHIP STANDARD AND AN OVER-
ALL RATING ANNUALLY, WHILE OTHER TEACHERS AND PRINCIPALS MAY HAVE A
DIFFERENTIATED PERFORMANCE REVIEW PROCESS THAT DOES NOT CULMINATE IN AN
OVERALL RATING ANNUALLY. PROVIDED, FURTHER, THAT NOTHING HEREIN SHALL BE
CONSTRUED TO PROHIBIT OR PREVENT ANY OTHER TEACHERS AND PRINCIPALS FROM
RECEIVING AN OVERALL RATING ANNUALLY.
6. THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES,
AS APPLICABLE, SHALL ENSURE THAT ALL CLASSROOM TEACHERS AND BUILDING
S. 9054 18
PRINCIPALS AS WELL AS ANY INDIVIDUAL WHO CONDUCTS ALL OR PART OF A
PERFORMANCE REVIEW RECEIVE APPROPRIATE TRAINING CONSISTENT WITH THE
REGULATIONS OF THE COMMISSIONER AND SHALL ENSURE THAT EACH TEACHER AND
PRINCIPAL WHO IS REVIEWED IN ACCORDANCE WITH THIS SECTION HAS THE OPPOR-
TUNITY TO PROVIDE WRITTEN COMMENT ON THEIR PERFORMANCE REVIEW IN ADDI-
TION TO ANY COLLECTIVELY BARGAINED TEACHER AND PRINCIPAL PERFORMANCE
REVIEW GRIEVANCE OR APPEAL PROCEDURES.
7. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT THE UNFETTERED
STATUTORY RIGHT OF A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES, AS APPLICABLE, TO TERMINATE A PROBATIONARY CLASSROOM TEACHER
OR PRINCIPAL FOR ANY STATUTORILY AND CONSTITUTIONALLY PERMISSIBLE
REASONS.
8. PERFORMANCE REVIEW PLANS DEVELOPED PURSUANT TO THIS SECTION SHALL
BE SUBMITTED TO THE COMMISSIONER ON A FORM AND IN A MANNER PRESCRIBED BY
THE COMMISSIONER. THE COMMISSIONER SHALL REVIEW SUCH PLAN TO DETERMINE
COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION. IF THE COMMISSIONER
DETERMINES THAT THE SUBMITTED PLAN IS NOT IN COMPLIANCE WITH THIS
SECTION, THE PLAN SHALL BE RETURNED TO THE SCHOOL DISTRICT OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES FOR REVISION. SUCH REVISIONS SHALL BE
RESOLVED THROUGH COLLECTIVE BARGAINING, TO THE EXTENT REQUIRED UNDER
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. THE PLAN MOST RECENTLY
ACCEPTED BY THE COMMISSIONER PURSUANT TO THIS SECTION SHALL REMAIN IN
EFFECT UNTIL A SUBSEQUENT PLAN IS AGREED TO BY THE PARTIES AND REVIEWED
BY THE COMMISSIONER TO DETERMINE COMPLIANCE WITH THE REQUIREMENTS OF
THIS SECTION. EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL
SERVICES SHALL CERTIFY ANNUALLY TO THE COMMISSIONER THAT THEY HAVE FULLY
IMPLEMENTED THE PLAN MOST RECENTLY ACCEPTED BY THE COMMISSIONER.
§ 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,
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
S. 9054 19
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
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
S. 9054 20
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] SUCH PERSON'S
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
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
S. 9054 21
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-
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] SUCH PERSON'S 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
S. 9054 22
agreement covering [his or her] SUCH PERSON'S 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 alternative disciplinary procedures contained in a
collective bargaining agreement covering [his or her] SUCH PERSON'S
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 disciplinary 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 twenty-a[; and provided further that
any alternate disciplinary procedures contained in a collective bargain-
ing agreement that becomes effective on or after July first, two thou-
sand 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 incompetence are brought 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].
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
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
S. 9054 23
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.
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
S. 9054 24
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
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.
