Bill Text: NY A05151 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to the appointment of teachers and satisfactory annual reviews.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - referred to education [A05151 Detail]

Download: New_York-2021-A05151-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5151

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    February 11, 2021
                                       ___________

        Introduced  by  M. of A. BENEDETTO, BRONSON -- read once and referred to
          the Committee on Education

        AN ACT to amend the education law, in relation  to  the  appointment  of
          teachers

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 2509 of the education law, as added by chapter  762
     2  of the laws of 1950, subdivision 1 as amended by chapter 116 of the laws
     3  of 1971, paragraphs (a) and (b) of subdivision 1 as amended by section 1
     4  and  subdivision  2  as  amended by section 2 of subpart D of part EE of
     5  chapter 56 of the laws of 2015, subparagraph  ii  of  paragraph  (b)  of
     6  subdivision 1 as amended by chapter 345 of the laws of 2019, subdivision
     7  3  as  amended  by  chapter  680  of  the laws of 1983, subdivision 4 as
     8  amended by chapter 263 of the laws of 2005, subdivisions 5, 6 and  7  as
     9  renumbered  by  chapter  717  of  the laws of 1970, and subdivision 7 as
    10  added by chapter 859 of the laws of 1955, is amended to read as follows:
    11    § 2509. Appointment of assistant and other  superintendents,  teachers
    12  and  other  employees.  1.  (a) i. Teachers and all other members of the
    13  teaching staff appointed prior to July first, two thousand  fifteen  and
    14  authorized  by  section twenty-five hundred three of this article, shall
    15  be appointed by the board of education, upon the recommendation  of  the
    16  superintendent  of  schools,  for  a probationary period of three years,
    17  except that in the case of  a  teacher  who  has  rendered  satisfactory
    18  service  as a regular substitute for a period of up to two years or as a
    19  seasonally licensed per session teacher of swimming in day  schools  who
    20  has served in that capacity for a period of up to two years and has been
    21  appointed  to teach the same subject in day schools on an annual salary,
    22  the probationary period shall be [limited to one year]  reduced  propor-
    23  tionately  based  upon the length of the satisfactory service; provided,
    24  however, that in the case of a teacher who has been appointed on  tenure
    25  in  another  school district within the state, the school district where

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02612-01-1
        A. 5151                             2

     1  currently employed, or a board of cooperative educational services,  and
     2  who was not dismissed from such district or board as a result of charges
     3  brought  pursuant  to subdivision one of section three thousand twenty-a
     4  of this chapter, the probationary period shall not exceed two years. The
     5  service  of a person appointed to any [of] such positions may be discon-
     6  tinued at any time during such probationary period, on  the  recommenda-
     7  tion  of  the superintendent of schools, by a majority vote of the board
     8  of education. Each person who is not to be recommended  for  appointment
     9  on tenure shall be so notified by the superintendent of schools in writ-
    10  ing  not  later  than sixty days immediately preceding the expiration of
    11  [his] the probationary period.
    12    ii. Notwithstanding any other provision of law or  regulation  to  the
    13  contrary, teachers and all other members of the teaching staff appointed
    14  on  or  after July first, two thousand fifteen and authorized by section
    15  twenty-five hundred three of this article, shall  be  appointed  by  the
    16  board  of  education,  upon  the recommendation of the superintendent of
    17  schools, for a probationary period of four years,  except  that  in  the
    18  case  of  a  teacher  who has rendered satisfactory service as a regular
    19  substitute for a period of up to two years and, if a classroom  teacher,
    20  has  received  [composite] satisfactory annual [professional performance
    21  review ratings] reviews in each of those years, or has  rendered  satis-
    22  factory service as a seasonally licensed per session teacher of swimming
    23  in day schools who has served in that capacity for a period of up to two
    24  years and has been appointed to teach the same subject in day schools on
    25  an annual salary, the teacher shall be appointed [for] to a probationary
    26  period  [of  two  years]  that is reduced proportionately based upon the
    27  length of the satisfactory service; provided, however, that in the  case
    28  of a teacher who has been appointed on tenure in another school district
    29  within  the  state,  the  school district where currently employed, or a
    30  board of cooperative educational services, and  who  was  not  dismissed
    31  from  such  district or board as a result of charges brought pursuant to
    32  subdivision one of section three  thousand  twenty-a  or  section  three
    33  thousand  twenty-b of this chapter, the teacher shall be appointed for a
    34  probationary period of three years; provided  that  the  teacher  demon-
    35  strates  that  [he  or  she]  they  received  [an] a satisfactory annual
    36  [professional performance review rating pursuant to section three  thou-
    37  sand twelve-c or section three thousand twelve-d of this chapter] review
    38  in  [his  or  her]  their  final  year  of  service in such other school
    39  district or board of cooperative educational services. The service of  a
    40  person  appointed  to any [of] such positions may be discontinued at any
    41  time during such probationary  period,  on  the  recommendation  of  the
    42  superintendent of schools, by a majority vote of the board of education.
    43  Each person who is not to be recommended for appointment on tenure shall
    44  be  so  notified  by  the superintendent of schools in writing not later
    45  than sixty days immediately preceding the expiration of [his/her]  their
    46  probationary period.
    47    (b)  i.  Administrators,  directors,  supervisors,  principals and all
    48  other members of the supervising staff, except associate, assistant  and
    49  other  superintendents  appointed  prior  to  July  first,  two thousand
    50  fifteen and authorized by section  twenty-five  hundred  three  of  this
    51  article,  shall  be appointed by the board of education, upon the recom-
    52  mendation of the superintendent of schools for a probationary period  of
    53  three  years.  The  service of a person appointed to any [of] such posi-
    54  tions may be discontinued at any time during the probationary period  on
    55  the  recommendation of the superintendent of schools, by a majority vote
    56  of the board of education.
        A. 5151                             3

     1    ii. Notwithstanding any other provision of law or  regulation  to  the
     2  contrary,  administrators,  directors,  supervisors,  principals and all
     3  other members of the supervising staff, except associate, assistant  and
     4  other  superintendents,  appointed  on or after July first, two thousand
     5  fifteen  and  authorized  by  section  twenty-five hundred three of this
     6  article, shall be appointed by the board of education, upon  the  recom-
     7  mendation  of the superintendent of schools for a probationary period of
     8  four years; provided, however, that in the case of a principal, adminis-
     9  trator, supervisor, or other member of the  supervising  staff  who  has
    10  been  appointed  on  tenure pursuant to this chapter as an administrator
    11  within an  authorized  administrative  tenure  area  in  another  school
    12  district within the state, the school district where currently employed,
    13  or  a  board  of  cooperative  educational  services,  and  who  was not
    14  dismissed from such district or board as a  result  of  charges  brought
    15  pursuant  to  subdivision  one  of  section  three  thousand twenty-a or
    16  section three thousand twenty-b of this chapter, the principal, adminis-
    17  trator, supervisor or other member of the  supervising  staff  shall  be
    18  appointed  for  a  probationary  period of three years. The service of a
    19  person appointed to any of such positions may  be  discontinued  at  any
    20  time  during the probationary period on the recommendation of the super-
    21  intendent of schools, by a majority vote of the board of education.
    22    2. [a.](a) Notwithstanding any other provision of law or regulation to
    23  the contrary, teachers and all  other  members  of  the  teaching  staff
    24  appointed on or after July first, two thousand twenty-one and authorized
    25  by section twenty-five hundred three of this article, shall be appointed
    26  by the board of education, upon the recommendation of the superintendent
    27  of schools, for a probationary period of three years, except that in the
    28  case  of  a  teacher  who has rendered satisfactory service as a regular
    29  substitute for a period of up to two years and, if a classroom  teacher,
    30  has  received satisfactory annual reviews in each of those years, or has
    31  rendered satisfactory service  as  a  seasonally  licensed  per  session
    32  teacher of swimming in day schools who has served in that capacity for a
    33  period  of  up  to  two  years  and has been appointed to teach the same
    34  subject in day schools on  an  annual  salary,  such  teacher  shall  be
    35  appointed  for  a  probationary  period  that is reduced proportionately
    36  based upon the length of the satisfactory  service;  provided,  however,
    37  that in the case of a teacher who has been appointed on tenure in anoth-
    38  er school district within the state, the school district where currently
    39  employed,  or  a  board of cooperative educational services, and who was
    40  not dismissed from such district or board as a result of charges brought
    41  pursuant to subdivision  one  of  section  three  thousand  twenty-a  or
    42  section  three  thousand twenty-b of this chapter, such teacher shall be
    43  appointed for a probationary period of  two  years;  provided  that  the
    44  teacher  demonstrates that they received a satisfactory annual review in
    45  their final year of service in such other school district  or  board  of
    46  cooperative  educational  services. The service of a person appointed to
    47  any such positions may be discontinued at any time  during  such  proba-
    48  tionary  period, on the recommendation of the superintendent of schools,
    49  by a majority vote of the board of education. Each person who is not  to
    50  be  recommended  for  appointment  on tenure shall be so notified by the
    51  superintendent of schools in writing not later  than  sixty  days  imme-
    52  diately preceding the expiration of the probationary period.
    53    (b)  Administrators,  directors, supervisors, principals and all other
    54  members of the supervising staff, except associate, assistant and  other
    55  superintendents  appointed  on or after July first, two thousand twenty-
    56  one and authorized by section twenty-five hundred three of this article,
        A. 5151                             4

     1  shall be appointed by the board of education, upon the recommendation of
     2  the superintendent of schools for a probationary period of three  years.
     3  The  service  of a person appointed to any such positions may be discon-
     4  tinued  at any time during the probationary period on the recommendation
     5  of the superintendent of schools, by a majority vote  of  the  board  of
     6  education.
     7    3.  (a)  At  the  expiration  of  the probationary term of any persons
     8  appointed for such term prior to July first, two  thousand  fifteen,  or
     9  within  six  months  prior  thereto, the superintendent of schools shall
    10  make a written  report  to  the  board  of  education  recommending  for
    11  appointment on tenure those persons who have been found competent, effi-
    12  cient  and  satisfactory.  By a majority vote the board of education may
    13  then appoint on tenure any or all of  the  persons  recommended  by  the
    14  superintendent  of  schools. Such persons and all others employed in the
    15  teaching service of the schools of such school district who have  served
    16  the  full  probationary  period  shall  hold  their respective positions
    17  during good behavior and efficient and competent service, and shall  not
    18  be  removable  except  for  cause after a hearing as provided by section
    19  three thousand twenty-a or section three thousand twenty-b of this chap-
    20  ter. Failure to maintain certification as required by this  chapter  and
    21  the regulations of the commissioner shall constitute cause for removal.
    22    [b.]  (b)  For  persons appointed on or after July first, two thousand
    23  fifteen, at the expiration of  the  probationary  term  of  any  persons
    24  appointed  for such term, or within six months prior thereto, the super-
    25  intendent of schools shall make a written report to the board of  educa-
    26  tion  recommending for appointment on tenure those persons who have been
    27  found competent, efficient and satisfactory and in the case of a  class-
    28  room teacher or building principal, who have received satisfactory annu-
    29  al  [professional  performance  review ratings pursuant to section three
    30  thousand twelve-c or section three thousand twelve-d of this chapter, of
    31  either effective or highly effective] reviews in at least three  of  the
    32  four  preceding  years,  exclusive  of  any breaks in service[; provided
    33  that, notwithstanding any other provision of this section to the contra-
    34  ry, when a teacher or principal receives an effective or  highly  effec-
    35  tive rating in each year of his or her probationary service except he or
    36  she  receives  an  ineffective  rating  in  the final year of his or her
    37  probationary period, such teacher or principal shall not be eligible for
    38  tenure but the board of education in  its  discretion,  may  extend  the
    39  teacher's probationary period for an additional year; provided, however,
    40  that if such teacher or principal successfully appealed such ineffective
    41  rating,  such  teacher  or  principal  shall immediately be eligible for
    42  tenure if the rating resulting from the  appeal  established  that  such
    43  individual  has  been effective or highly effective in at least three of
    44  the preceding four years and was not ineffective in the final year].  By
    45  a  majority  vote, the board of education may then appoint on tenure any
    46  or all of the persons recommended by the superintendent of schools.  [At
    47  the  expiration  of  the  probationary  period, the classroom teacher or
    48  building principal shall remain in probationary status until the end  of
    49  the  school  year  in  which such teacher or principal has received such
    50  ratings of effective or highly effective for at least three of the  four
    51  preceding school years exclusive of any breaks in service and subject to
    52  the  terms hereof, during which time a board of education shall consider
    53  whether to grant tenure for those classroom teachers or building princi-
    54  pals who otherwise have been found competent,  efficient  and  satisfac-
    55  tory.  Provided,  however,  that the board of education may grant tenure
    56  contingent upon a classroom teacher's or building principal's receipt of
        A. 5151                             5

     1  a minimum rating in the final year of the probationary period,  pursuant
     2  to  the requirements of this section, and if such contingency is not met
     3  after all appeals have been exhausted, the grant of tenure shall be void
     4  and  unenforceable  and the teacher's or principal's probationary period
     5  may be extended in accordance with this subdivision.] Such  persons  who
     6  have been recommended for tenure and all others employed in the teaching
     7  service  of the schools of such school district who have served the full
     8  probationary period [as extended] pursuant  to  this  subdivision  shall
     9  hold  their  respective positions during good behavior and efficient and
    10  competent service, and shall not be removable except for cause  after  a
    11  hearing  as provided by section three thousand twenty-a or section three
    12  thousand twenty-b of this chapter. Failure to maintain certification  as
    13  required  by  this chapter and the regulations of the commissioner shall
    14  constitute cause for removal.
    15    [3.] 4. Associate superintendents and all other  employees  authorized
    16  by  section  twenty-five hundred three of this article, except as other-
    17  wise provided in subdivision one of this section, shall be appointed  by
    18  the  board  of education, provided, however, that the board of education
    19  may enter into an employment contract with an associate,  assistant,  or
    20  other superintendent of schools for a period of from one to five years.
    21    [4.]  5.  Clerks,  draftsmen, inspectors, chemists, tabulating machine
    22  operators, secretaries, stenographers,  copyists,  statisticians,  jani-
    23  tors,  custodians,  custodian-engineers,  and  all  other administrative
    24  employees of a board of education, unless  otherwise  provided  in  this
    25  chapter,  shall  be  appointed for a probationary period provided in the
    26  civil service law and regulations based thereon. The service of a person
    27  appointed to any of such positions may be discontinued by the  board  of
    28  education  at any time during such probationary period. Such persons and
    29  all others employed in the administrative service of the board of educa-
    30  tion who have served the  full  probationary  period  shall  hold  their
    31  respective  positions  during  good behavior and efficient and competent
    32  service, and shall not be removed except for cause after  a  hearing  by
    33  the affirmative vote of a majority of the board.
    34    [5.]  6.  No  principal,  supervisor,  director,  or  teacher shall be
    35  appointed to the teaching force of such city school  district  who  does
    36  not  possess  qualifications  required  under this chapter and under the
    37  regulations prescribed by the commissioner of education for the  persons
    38  employed  in  such positions in the schools of the city school districts
    39  of the state, but a board of education may prescribe additional or high-
    40  er qualifications for the persons employed in any of such positions.
    41    [6.] 7. Rules and regulations shall be adopted governing  excusing  of
    42  absences  and for the granting of leaves of absence either with or with-
    43  out pay for all members of the teaching and supervising staff and  other
    44  employees.
    45    [7.]  8. Notwithstanding any other provision of this section no period
    46  in any school year for which there is no  required  service  and/or  for
    47  which  no compensation is provided shall in any event constitute a break
    48  or suspension of probationary period or continuity of tenure  rights  of
    49  any of the persons hereinabove described.
    50    §  2.  Paragraph (a) of subdivision 1, and subdivisions 3, 5, 6, para-
    51  graph (a) of subdivision 10, 11, 16 and 17 of section 2573 of the educa-
    52  tion law, paragraph (a) of subdivision 1, and subdivisions 5  and  6  as
    53  amended  by  section 3 of subpart D of part EE of chapter 56 of the laws
    54  of 2015, subdivision 3 as amended by chapter 27 of  the  laws  of  2012,
    55  paragraph (a) of subdivision 10 and subdivision 11 as amended by chapter
    56  650  of  the laws of 1990, subdivision 16 as added by chapter 898 of the
        A. 5151                             6

     1  laws of 1960, and subdivision 17 as amended by chapter 210 of  the  laws
     2  of 2001, are amended to read as follows:
     3    (a) i. Teachers and all other members of the teaching staff, appointed
     4  prior  to  July  first,  two  thousand fifteen and authorized by section
     5  twenty-five hundred fifty-four of this article, shall  be  appointed  by
     6  the board of education, upon the recommendation of the superintendent of
     7  schools,  for  a  probationary period of three years, except that in the
     8  case of a teacher who has rendered satisfactory  service  as  a  regular
     9  substitute  for  a period of up to two years or as a seasonally licensed
    10  per session teacher of swimming in day schools who has  served  in  that
    11  capacity for a period of up to two years and has been appointed to teach
    12  the  same  subject  in day schools on an annual salary, the probationary
    13  period shall be [limited to]  reduced  proportionately  based  upon  the
    14  length  of the satisfactory service one year; provided, however, that in
    15  the case of a teacher who has been appointed on tenure in another school
    16  district within the state, the school district where currently employed,
    17  or a  board  of  cooperative  educational  services,  and  who  was  not
    18  dismissed  from  such  district  or board as a result of charges brought
    19  pursuant to subdivision  one  of  section  three  thousand  twenty-a  or
    20  section three thousand twenty-b of this chapter, the probationary period
    21  shall  not  exceed  two  years; provided, however, that in cities with a
    22  population of one million or more, a teacher  appointed  under  a  newly
    23  created  license,  for  teachers of reading and of the emotionally hand-
    24  icapped, to a position which the teacher has held for at least two years
    25  prior to such appointment while serving on  tenure  in  another  license
    26  area  who  was  not dismissed as a result of charges brought pursuant to
    27  subdivision one of section three  thousand  twenty-a  or  section  three
    28  thousand  twenty-b of this chapter, the probationary period shall be one
    29  year. The service of a person appointed to any [of] such  positions  may
    30  be  discontinued  at  any  time  during such probationary period, on the
    31  recommendation of the superintendent of schools, by a majority  vote  of
    32  the  board  of  education.  Each person who is not to be recommended for
    33  appointment on tenure shall be so  notified  by  the  superintendent  of
    34  schools  in  writing not later than sixty days immediately preceding the
    35  expiration of [his or her] their probationary period.   In  city  school
    36  districts  having a population of four hundred thousand or more, persons
    37  with licenses obtained as a result of examinations announced  subsequent
    38  to  the  twenty-second day of May, nineteen hundred sixty-nine appointed
    39  upon conditions that all announced  requirements  for  the  position  be
    40  fulfilled  within  a  specified period of time, shall not acquire tenure
    41  unless and until such requirements have been completed within  the  time
    42  specified  for the fulfillment of such requirements, notwithstanding the
    43  expiration  of  any  probationary  period.  In  all  other  city  school
    44  districts subject to the provisions of this article, failure to maintain
    45  certification  as required by this article and by the regulations of the
    46  commissioner shall be cause for removal within the meaning  of  subdivi-
    47  sion five of this section.
    48    ii.  Teachers and all other members of the teaching staff appointed on
    49  or after July first, two thousand  fifteen  and  authorized  by  section
    50  twenty-five  hundred  fifty-four  of this article, shall be appointed by
    51  the board of education, upon the recommendation of the superintendent of
    52  schools, for a probationary period of four years,  except  that  in  the
    53  case  of  a  teacher  who has rendered satisfactory service as a regular
    54  substitute for a period of up to two years and, if a classroom  teacher,
    55  has   received  satisfactory  annual  [professional  performance  review
    56  ratings] reviews in each of those years, or  has  rendered  satisfactory
        A. 5151                             7

     1  service  as a seasonally licensed per session teacher of swimming in day
     2  schools who has served in that capacity for a period of up to two  years
     3  and  has  been  appointed to teach the same subject in day schools on an
     4  annual  salary,  the  teacher shall be appointed [for] to a probationary
     5  period [of two years] that is reduced  proportionately  based  upon  the
     6  length  of the satisfactory service; provided, however, that in the case
     7  of a teacher who has been appointed on tenure in another school district
     8  within the state, the school district where  currently  employed,  or  a
     9  board  of  cooperative  educational  services, and who was not dismissed
    10  from such district or board as a result of charges brought  pursuant  to
    11  subdivision  one  of  section  three  thousand twenty-a or section three
    12  thousand twenty-b of this chapter, the teacher shall be appointed for  a
    13  probationary  period  of  three  years;  provided that, in the case of a
    14  classroom teacher, the  teacher  demonstrates  that  [he  or  she]  they
    15  received  [an  annual  professional  performance]  a satisfactory annual
    16  review [rating pursuant to section three thousand  twelve-c  or  section
    17  three  thousand  twelve-d  of  this chapter] in [his or her] their final
    18  year of service in such other school district or  board  of  cooperative
    19  educational  services;  provided,  however,  that in cities with a popu-
    20  lation of one million or more, a teacher appointed under a newly created
    21  license, for teachers of reading and of the emotionally handicapped,  to
    22  a  position  which  the teacher has held for at least two years prior to
    23  such appointment while serving on tenure in another license area who was
    24  not dismissed as a result of charges brought pursuant to subdivision one
    25  of section three thousand twenty-a or section three thousand twenty-b of
    26  this chapter, the teacher shall be appointed for a  probationary  period
    27  of  two  years. The service of a person appointed to any [of] such posi-
    28  tions may be discontinued at any time during such  probationary  period,
    29  on  the  recommendation  of the superintendent of schools, by a majority
    30  vote of the board of education.  Each person who is  not  to  be  recom-
    31  mended for appointment on tenure shall be so notified by the superinten-
    32  dent of schools in writing not later than sixty days immediately preced-
    33  ing  the  expiration  of  [his or her] their probationary period. In all
    34  city school districts subject to the provisions of this article, failure
    35  to maintain certification as required by this article and by  the  regu-
    36  lations  of the commissioner shall be cause for removal within the mean-
    37  ing of subdivision five of this section.
    38    3.  Associate  superintendents,  examiners  and  all  other  employees
    39  authorized  by  section  twenty-five hundred fifty-four of this article,
    40  except as otherwise provided in subdivision one of this  section,  shall
    41  be  appointed  by  the board of education except that in the city school
    42  districts of the cities of Buffalo, Rochester, and Syracuse, the associ-
    43  ate, assistant and district superintendents and  all  other  supervising
    44  staff  who  are excluded from the right to bargain collectively pursuant
    45  to article fourteen of the civil service law shall be appointed,  within
    46  amounts  budgeted  therefor,  by  the superintendent of such city school
    47  district. In a city having a population of one  million  or  more,  such
    48  appointments  shall  be  made  on  nomination  of  the superintendent of
    49  schools. Notwithstanding any other provision  in  this  chapter  to  the
    50  contrary,  whenever an associate superintendent of schools in the employ
    51  of the board of education in a city having a population of  one  million
    52  or  more  fails  of  reappointment,  said  person  shall  be immediately
    53  appointed an assistant superintendent of schools with permanent appoint-
    54  ment as said term permanent appointment is defined in subdivisions four,
    55  five and six of this section. The salary of such  assistant  superinten-
    56  dent  shall  be less than the salary of an associate superintendent, but
        A. 5151                             8

     1  said differential in salary shall not exceed ten per centum of the annu-
     2  al salary of an associate superintendent of schools.  When, however,  an
     3  associate  superintendent  of  schools who fails of reappointment has to
     4  [his] their credit thirty or more years of city service including ten or
     5  more  years  of  service as such associate superintendent of schools, he
     6  shall suffer no reduction of salary or of pension prospects while  serv-
     7  ing as such assistant superintendent of schools.
     8    5.  (a)  At  the  expiration  of the probationary [term] period of any
     9  persons appointed for such [term] period prior to July first, two  thou-
    10  sand  fifteen, the superintendent of schools shall make a written report
    11  to the board of education recommending for permanent  appointment  those
    12  persons  who have been found competent, efficient and satisfactory. Such
    13  persons and all others employed in the teaching, service of the  schools
    14  of  a  city,  who  have  served the full probationary period, shall hold
    15  their respective positions during good behavior and efficient and compe-
    16  tent service, and shall not be removable except for cause after a  hear-
    17  ing  as  provided  by  section  three thousand twenty-a or section three
    18  thousand twenty-b of this chapter.
    19    (b) At the expiration of the probationary [term] period of any persons
    20  appointed for such [term] period on or after July  first,  two  thousand
    21  fifteen,  the  superintendent  of schools shall make a written report to
    22  the board of education  recommending  for  permanent  appointment  those
    23  persons  who  have been found competent, efficient and satisfactory and,
    24  in the case of a classroom  teacher  or  building  principal,  who  have
    25  received  [composite  annual  professional  performance  review  ratings
    26  pursuant to section three thousand twelve-c or  section  three  thousand
    27  twelve-d  of  this  chapter,  of  either  effective or highly effective]
    28  satisfactory annual reviews in at least  three  of  the  four  preceding
    29  years, exclusive of any breaks in service[; provided that, notwithstand-
    30  ing  any other provision of this section to the contrary, when a teacher
    31  or principal receives an effective and/or  highly  effective  rating  in
    32  each  year  of his or her probationary service except he or she receives
    33  an ineffective rating in the final year of his or her probationary peri-
    34  od, such teacher or principal shall not be eligible for tenure  but  the
    35  board  of  education  in its discretion, may extend the teacher's proba-
    36  tionary period for an additional year; provided, however, that  if  such
    37  teacher or principal successfully appealed such ineffective rating, such
    38  teacher  or  principal  shall  immediately be eligible for tenure if the
    39  rating resulting from the appeal established that  such  individual  has
    40  been  effective  or  highly effective in at least three of the preceding
    41  four years. At the expiration of the probationary period, the  classroom
    42  teacher  or building principal shall remain in probationary status until
    43  the end of the school year  in  which  such  teacher  or  principal  has
    44  received  such  ratings  of  effective  or highly effective for at least
    45  three of the four preceding school years, exclusive  of  any  breaks  in
    46  service  and  subject  to the terms hereof, during which time a board of
    47  education shall consider whether to grant  tenure  for  those  classroom
    48  teachers or building principals who otherwise have been found competent,
    49  efficient  and satisfactory. Provided, however, that the board of educa-
    50  tion may grant tenure contingent upon a classroom teacher's or  building
    51  principal's  receipt of a minimum rating in the final year of the proba-
    52  tionary period, pursuant to the requirements of  this  section,  and  if
    53  such  contingency  is not met after all appeals have been exhausted, the
    54  grant of tenure shall be void and unenforceable  and  the  teacher's  or
    55  principal's  probationary period may be extended in accordance with this
    56  subdivision]. Such persons who have been recommended for tenure and  all
        A. 5151                             9

     1  others  employed  in  the teaching service of the schools of such school
     2  district who have served the  full  probationary  period  [as  extended]
     3  pursuant  to  this  subdivision  shall  hold  their respective positions
     4  during  good behavior and efficient and competent service, and shall not
     5  be removable except for cause after a hearing  as  provided  by  section
     6  three thousand twenty-a or section three thousand twenty-b of this chap-
     7  ter.  Failure  to maintain certification as required by this chapter and
     8  the regulations of the commissioner shall constitute cause for removal.
     9    6. (a) In a city having a population of four hundred thousand or more,
    10  at the expiration of the probationary term of any persons appointed  for
    11  such  term prior to July first, two thousand fifteen, the superintendent
    12  of schools shall make a written report to the board of education  recom-
    13  mending  for  permanent  appointment  those  persons who have been found
    14  satisfactory, and such board of education shall  immediately  thereafter
    15  issue  to  such  persons  permanent  certificates  of  appointment. Such
    16  persons and all others employed in the teaching service of  the  schools
    17  of such city, who have served the full probationary period shall receive
    18  permanent  certificates  to  teach  issued  to them by the certificating
    19  authority, except as otherwise provided in  subdivision  ten-a  of  this
    20  section,  and shall hold their respective positions during good behavior
    21  and satisfactory teaching service, and shall not be removable except for
    22  cause after a hearing as provided by section three thousand twenty-a  or
    23  section three thousand twenty-b of this chapter.
    24    (b) At the expiration of the probationary [term] period of any persons
    25  appointed  for  such  [term] period on or after July first, two thousand
    26  fifteen, the superintendent of schools shall make a  written  report  to
    27  the  board  of  education  recommending  for permanent appointment those
    28  persons who have been found competent, efficient and  satisfactory  and,
    29  in  the  case  of  a  classroom  teacher or building principal, who have
    30  received  [composite  annual  professional  performance  review  ratings
    31  pursuant  to  section  three thousand twelve-c or section three thousand
    32  twelve-d of this chapter,  of  either  effective  or  highly  effective]
    33  satisfactory  annual  reviews  in  at  least three of the four preceding
    34  years, exclusive of any breaks in service[; provided that, notwithstand-
    35  ing any other provision of this section to the contrary, when a  teacher
    36  receives an effective and/or highly effective rating in each year of his
    37  or  her  probationary  service  except he or she receives an ineffective
    38  rating in the final year of his or her probationary period, such teacher
    39  or principal shall not be eligible for tenure but the board of education
    40  in its discretion, may extend the teacher's probationary period  for  an
    41  additional  year;  provided,  however, that if such teacher or principal
    42  successfully appealed such ineffective rating, such teacher or principal
    43  shall immediately be eligible for tenure if the  rating  resulting  from
    44  the appeal established that such individual has been effective or highly
    45  effective  in  at  least  three  of the preceding four years and was not
    46  ineffective in the final year. At the  expiration  of  the  probationary
    47  period,  the  classroom  teacher  or  building principal shall remain in
    48  probationary status until the end of  the  school  year  in  which  such
    49  teacher  or  principal  has received such ratings of effective or highly
    50  effective for at least three of the four preceding school years,  exclu-
    51  sive  of  any  breaks in service and subject to the terms hereof, during
    52  which time a board of education shall consider whether to  grant  tenure
    53  for  those  classroom teachers or building principals who otherwise have
    54  been found competent, efficient  and  satisfactory.  Provided,  however,
    55  that the board of education may grant tenure contingent upon a classroom
    56  teacher's  or  building  principal's  receipt of a minimum rating in the
        A. 5151                            10

     1  final year of the probationary period, pursuant to the  requirements  of
     2  this  section, and if such contingency is not met after all appeals have
     3  been exhausted, the grant of tenure shall be void and unenforceable  and
     4  the  teacher's  or  principal's  probationary  period may be extended in
     5  accordance with this subdivision]. Such persons  who  have  been  recom-
     6  mended for tenure and all others employed in the teaching service of the
     7  schools  of  such  school district who have served the full probationary
     8  period [as extended] pursuant  to  this  subdivision  shall  hold  their
     9  respective  positions  during  good behavior and efficient and competent
    10  service, and shall not be removable except for cause after a hearing  as
    11  provided  by  section  three thousand twenty-a or section three thousand
    12  twenty-b of this chapter. Failure to maintain certification as  required
    13  by this chapter and the regulations of the commissioner shall constitute
    14  cause for removal.
    15    (a)  In a city having a population of one million or more, recommenda-
    16  tions for appointment to the teaching service shall be  from  the  first
    17  three  persons  chosen  by random selection from the qualifying eligible
    18  lists prepared by the chancellor. Competitive eligible lists  in  exist-
    19  ence  at  the  time of enactment of this subdivision shall not be merged
    20  and any such lists shall be exhausted or have expired before nominations
    21  are made from a qualifying list of a subsequent date  promulgated  here-
    22  under.  Qualifying  eligible  lists  for  supervisory positions shall be
    23  merged with any subsequently promulgated lists in the same license  area
    24  so  that  there  shall  be one continuing non-expiring eligible list for
    25  each license area. No competitive eligible list shall  remain  in  force
    26  for  a longer period than four years, nor have a life of less than three
    27  years. No competitive eligible list now in  force  shall  terminate  any
    28  sooner  than  four  years from the date on which it was promulgated. The
    29  board of education, on the recommendation of the chancellor shall desig-
    30  nate, subject to the other provisions of  this  chapter,  the  kind  and
    31  grades  of  licenses  which  shall be required for service as principal,
    32  branch principal, director, supervisor or teacher of a  special  branch,
    33  head of department, assistant, school psychiatrist, school psychologist,
    34  school  medical inspector, school social worker, school social casework-
    35  er, school secretary, industrial or trade helper in vocational  schools,
    36  school  librarian,  laboratory  assistant,  or any other position of the
    37  teaching staff together with the academic  and  professional  qualifica-
    38  tions required for each kind or grade of license.  No person required to
    39  have  a  license  under  the  provisions  of this chapter in order to be
    40  employed in a position who does not have such  license  shall  have  any
    41  claim for salary, except that a person who has been assigned to teach in
    42  a  subject  or field not specifically covered in [his] their license but
    43  on the same rank or level of service shall be entitled  to  [his]  their
    44  salary.
    45    11.  In  a city [have] having a population of one million or more, the
    46  board of education, subject to  the  approval  of  the  commissioner  of
    47  education,  shall  have power to authorize the superintendent of schools
    48  to assign any teacher employed to teach any subject  or  subjects  other
    49  than  any  specific  subject for which such teacher is licensed. No such
    50  assignment shall be made unless the superintendent of schools shall have
    51  certified that such teacher is competent to teach the  assigned  subject
    52  or  subjects.  The  superintendent  of  schools with the approval of the
    53  board of education, shall have power to make rules  and  regulations  in
    54  relation  to  ascertainment  of  competency  of  teachers  to teach such
    55  assigned subject or subjects. The assignment of a teacher to  teach  any
    56  such  assigned  subject shall not operate to change the rank or level of
        A. 5151                            11

     1  such teacher from that which [he or she] they  occupied  prior  to  such
     2  assignment.
     3    16.  In the city school district of the city of New York, the board of
     4  education shall ascertain prior to August first, nineteen hundred sixty,
     5  and annually  thereafter  the  number  of  appointments  which  will  be
     6  required  for the duration of not less than a term of the ensuing school
     7  year by reason of leaves of absence granted to members of  the  teaching
     8  staff  serving  on  tenure. The board shall thereupon establish and make
     9  appointments to positions of replacement teachers  in  a  number  which,
    10  including  any  such  teachers  already  serving  as a result of earlier
    11  appointment, shall be at least equal, if possible, and, if not, as near-
    12  ly as possible, to two-thirds of the minimum  number  of  such  teachers
    13  expected  to  be  absent  on leave at any one time. Such positions shall
    14  constitute a pool from which the board shall assign teachers to  replace
    15  the  teachers who are absent on leave. Appointments to such positions of
    16  replacement teachers shall be made from the appropriate  eligible  lists
    17  for  the  positions for which such replacement teachers will be required
    18  as determined by the board. Such positions of replacement teachers shall
    19  be in all respects permanent positions in the school system and  persons
    20  duly  appointed  by the board to such positions shall be entitled to the
    21  rights of tenure and retirement accruing to  persons  serving  in  other
    22  permanent  teaching  positions, except that no replacement teacher shall
    23  be entitled to the special limitation of the probationary period to  one
    24  year  provided  for certain teachers by subdivision one of this section.
    25  Upon acceptance of appointment as replacement teacher, the name of  each
    26  such  appointee shall be placed on a preferred eligible list as a candi-
    27  date for appointment to any permanent teaching  position  for  which  he
    28  holds  a valid license and such candidates shall be entitled to appoint-
    29  ment from such preferred eligible list in order of  their  placement  on
    30  such list. At any time when the total number of positions of replacement
    31  teacher  in  such  pool exceeds the total number of teachers who will be
    32  absent on leave for the ensuing term of school, the  board  may  abolish
    33  positions  in such pool which are in excess of the number of teachers to
    34  be absent on leave as aforesaid, or may use replacement teachers in such
    35  pool instead of substitute teachers to replace teachers who  are  absent
    36  for  shorter  periods  than  one term. Whenever a particular replacement
    37  teacher cannot be used to replace any teacher who is absent on leave for
    38  a full term, [he] they may similarly be used to replace teachers who are
    39  absent for shorter periods. Nothing herein contained shall be  construed
    40  as  preventing the appointment of regular substitute teachers to replace
    41  teachers absent on leave  when  no  persons  holding  positions  created
    42  pursuant to this subdivision are available for such replacement.
    43    17.  In  the city school district of the city of Buffalo, the board of
    44  education shall, within sixty days of the effective date of this  subdi-
    45  vision  and  annually  prior  to  August  first of each year thereafter,
    46  ascertain the number of appointments which  will  be  required  for  the
    47  duration of not less than a term of the ensuing school year by reason of
    48  leaves  of  absence  granted to members of the teaching staff serving on
    49  tenure. The board shall thereupon establish  and  make  appointments  to
    50  positions  of replacement teachers in a number which, including any such
    51  teachers already serving as a result of earlier  appointment,  shall  be
    52  equal, if possible, or as nearly as possible, to two-thirds of the mini-
    53  mum  number  of  such teachers expected to be absent on leave at any one
    54  time. Such positions shall constitute a pool from which the board  shall
    55  assign  teachers  to replace the teachers who are absent on leave.  Such
    56  positions of replacement teachers shall be  in  all  respects  permanent
        A. 5151                            12

     1  positions  in  the school system and persons duly appointed by the board
     2  to such positions shall be entitled to the rights of tenure and  retire-
     3  ment  accruing to persons serving in other permanent teaching positions,
     4  except  that  no  replacement  teacher  shall be entitled to the special
     5  limitation of the probationary period to one year provided  for  certain
     6  teachers by subdivision one of this section. Upon acceptance of appoint-
     7  ment  as  replacement  teacher, the name of each such appointee shall be
     8  placed on a preferred eligible list as a candidate  for  appointment  to
     9  any  permanent teaching position for which [he or she holds] they hold a
    10  valid license and such candidates shall be entitled to appointment  from
    11  such  preferred  eligible list in order of their placement on such list.
    12  At any time when the total number of positions of replacement teacher in
    13  such pool exceeds the total number of teachers who  will  be  absent  on
    14  leave for the ensuing term of school, the board may abolish positions in
    15  such  pool which are in excess of the number of teachers to be absent on
    16  leave as aforesaid, or may use replacement teachers in such pool instead
    17  of substitute teachers to replace teachers who are  absent  for  shorter
    18  periods  than one term. Whenever a particular replacement teacher cannot
    19  be used to replace any teacher who is absent on leave for a  full  term,
    20  [he  or  she]  they  may  similarly  be used to replace teachers who are
    21  absent for shorter periods. Nothing herein contained shall be  construed
    22  as  preventing the appointment of regular substitute teachers to replace
    23  teachers absent on leave  when  no  persons  holding  positions  created
    24  pursuant to this subdivision are available for such replacement.
    25    §  3.  Section  3012  of the education law, as amended by section 4 of
    26  subpart D of part EE of chapter 56 of the laws of 2015, subparagraph  ii
    27  of  paragraph (b) of subdivision 1 as amended by chapter 345 of the laws
    28  of 2019, is amended to read as follows:
    29    § 3012. Tenure: certain school districts. 1. (a) i. Teachers  and  all
    30  other  members  of  the  teaching  staff  of school districts, including
    31  common school districts and/or school  districts  employing  fewer  than
    32  eight  teachers,  other  than  city  school districts, who are appointed
    33  prior to July first, two thousand fifteen, shall  be  appointed  by  the
    34  board of education, or the trustees of common school districts, upon the
    35  recommendation  of  the  superintendent  of  schools, for a probationary
    36  period of three years, except that in the case  of  a  teacher  who  has
    37  rendered satisfactory service as a regular substitute for a period of up
    38  to two years or as a seasonally licensed per session teacher of swimming
    39  in day schools who has served in that capacity for a period of up to two
    40  years  and  has been appointed to teach the same subject in day schools,
    41  on an annual salary, the probationary period shall be  [limited  to  one
    42  year]  reduced proportionately based upon the length of the satisfactory
    43  service; provided, however, that in the case of a teacher who  has  been
    44  appointed  on  tenure  in  another school district within the state, the
    45  school district where currently employed,  or  a  board  of  cooperative
    46  educational  services,  and  who was not dismissed from such district or
    47  board as a result of charges brought  pursuant  to  subdivision  one  of
    48  section  three  thousand  twenty-a or section three thousand twenty-b of
    49  this article, the probationary period shall not exceed  two  years.  The
    50  service  of a person appointed to any [of] such positions may be discon-
    51  tinued at any time during such probationary period, on  the  recommenda-
    52  tion  of  the superintendent of schools, by a majority vote of the board
    53  of education or the trustees of a common school district.
    54    ii. Teachers and all other members of the  teaching  staff  of  school
    55  districts,  including  common  school  districts and/or school districts
    56  employing fewer than eight teachers, other than city  school  districts,
        A. 5151                            13

     1  who are appointed on or after July first, two thousand fifteen, shall be
     2  appointed  by  the  board of education, or the trustees of common school
     3  districts, upon the recommendation of the superintendent of schools, for
     4  a probationary period of four years, except that in the case of a teach-
     5  er  who  has rendered satisfactory service as a regular substitute for a
     6  period of two years and, if a classroom teacher, has received  satisfac-
     7  tory annual [professional performance review ratings] reviews in each of
     8  those  years,  or  has  rendered  satisfactory  service  as a seasonally
     9  licensed per session teacher of swimming in day schools who  has  served
    10  in  that capacity for a period of up to two years and has been appointed
    11  to teach the same subject in day  schools,  on  an  annual  salary,  the
    12  teacher shall be appointed [for] to a probationary period [of two years]
    13  reduced  proportionately  based  upon  the  length  of  the satisfactory
    14  service; provided, however, that in the case of a teacher who  has  been
    15  appointed  on  tenure  in  another school district within the state, the
    16  school district where currently employed,  or  a  board  of  cooperative
    17  educational  services,  and  who was not dismissed from such district or
    18  board as a result of charges brought  pursuant  to  subdivision  one  of
    19  section  three  thousand  twenty-a or section three thousand twenty-b of
    20  this article, the teacher shall be appointed for a  probationary  period
    21  of  three  years; provided that, in the case of a classroom teacher, the
    22  teacher demonstrates that [he or she] they received [an  annual  profes-
    23  sional  performance]  a  satisfactory review [rating pursuant to section
    24  three thousand twelve-c or section three thousand twelve-d of this chap-
    25  ter] in [his or her] their final year of service in  such  other  school
    26  district  or board of cooperative educational services. The service of a
    27  person appointed to any of such positions may  be  discontinued  at  any
    28  time  during  such  probationary  period,  on  the recommendation of the
    29  superintendent of schools, by a majority vote of the board of  education
    30  or the trustees of a common school district.
    31    (b)  i.  Principals, administrators, supervisors and all other members
    32  of the supervising staff of school districts,  including  common  school
    33  districts  and/or  school districts employing fewer than eight teachers,
    34  other than city school districts, who are appointed prior to July first,
    35  two thousand fifteen, shall be appointed by the board of  education,  or
    36  the trustees of a common school district, upon the recommendation of the
    37  superintendent  of schools for a probationary period of three years. The
    38  service of a person appointed to any of such positions may be discontin-
    39  ued at any time during the probationary period on the recommendation  of
    40  the superintendent of schools, by a majority vote of the board of educa-
    41  tion or the trustees of a common school district.
    42    ii.  Principals,  administrators, supervisors and all other members of
    43  the supervising staff  of  school  districts,  including  common  school
    44  districts  and/or  school districts employing fewer than eight teachers,
    45  other than city school districts, who are appointed  on  or  after  July
    46  first,  two  thousand fifteen, shall be appointed by the board of educa-
    47  tion, or the trustees of a common school district, upon the  recommenda-
    48  tion  of the superintendent of schools for a probationary period of four
    49  years; provided, however, that in the case of a  principal,  administra-
    50  tor,  supervisor,  or other member of the supervising staff who has been
    51  appointed on tenure pursuant to this chapter as an administrator  within
    52  an  authorized  administrative  tenure  area  in another school district
    53  within the state, the school district where  currently  employed,  or  a
    54  board  of  cooperative  educational  services, and who was not dismissed
    55  from such district or board as a result of charges brought  pursuant  to
    56  subdivision  one  of  section  three  thousand twenty-a or section three
        A. 5151                            14

     1  thousand twenty-b of this article, the principal, administrator,  super-
     2  visor  or other member of the supervising staff shall be appointed for a
     3  probationary period of three years. The service of a person appointed to
     4  any  of such positions may be discontinued at any time during the proba-
     5  tionary period on the recommendation of the superintendent  of  schools,
     6  by a majority vote of the board of education or the trustees of a common
     7  school district.
     8    (c) Any person previously appointed to tenure or a probationary period
     9  pursuant  to the provisions of former section three thousand thirteen of
    10  this article shall continue to hold such position and be governed by the
    11  provisions of this section notwithstanding  any  contrary  provision  of
    12  law.
    13    2.  (a) Teachers and all other members of the teaching staff of school
    14  districts, including common school  districts  and/or  school  districts
    15  employing  fewer  than eight teachers, other than city school districts,
    16  who are appointed on or after July first, two thousand twenty-one, shall
    17  be appointed by the board of education, or the trustees of common school
    18  districts, upon the recommendation of the superintendent of schools, for
    19  a probationary period of three years, except  that  in  the  case  of  a
    20  teacher  who  has  rendered satisfactory service as a regular substitute
    21  for a period of up to  two  years  and,  if  a  classroom  teacher,  has
    22  received  satisfactory  annual  reviews  in  each of those years, or has
    23  rendered satisfactory service  as  a  seasonally  licensed  per  session
    24  teacher of swimming in day schools who has served in that capacity for a
    25  period  of  up  to  two  years  and has been appointed to teach the same
    26  subject in day schools, on an  annual  salary,  such  teacher  shall  be
    27  appointed  for  a probationary period reduced proportionately based upon
    28  the length of the satisfactory service; provided, however, that  in  the
    29  case  of  a  teacher  who has been appointed on tenure in another school
    30  district within the state, the school district where currently employed,
    31  or a  board  of  cooperative  educational  services,  and  who  was  not
    32  dismissed  from  such  district  or board as a result of charges brought
    33  pursuant to subdivision  one  of  section  three  thousand  twenty-a  or
    34  section  three  thousand twenty-b of this article, such teacher shall be
    35  appointed for a probationary period of two years; provided that, in  the
    36  case of a classroom teacher, the teacher demonstrates that they received
    37  a  satisfactory  review  in  their  final  year of service in such other
    38  school district  or  board  of  cooperative  educational  services.  The
    39  service  of a person appointed to any such positions may be discontinued
    40  at any time during such probationary period, on  the  recommendation  of
    41  the superintendent of schools, by a majority vote of the board of educa-
    42  tion or the trustees of a common school district.
    43    (b)  Principals,  administrators, supervisors and all other members of
    44  the supervising staff  of  school  districts,  including  common  school
    45  districts  and/or  school districts employing fewer than eight teachers,
    46  other than city school districts, who are appointed  on  or  after  July
    47  first,  two  thousand  twenty-one,  shall  be  appointed by the board of
    48  education, or the trustees of a common school district, upon the  recom-
    49  mendation  of the superintendent of schools for a probationary period of
    50  three years. The service of a person appointed to any such positions may
    51  be discontinued at any time during the probationary period on the recom-
    52  mendation of the superintendent of schools, by a majority  vote  of  the
    53  board of education or the trustees of a common school district.
    54    3. (a) At the expiration of the probationary [term] period of a person
    55  appointed  for  such  [term]  period  prior  to July first, two thousand
    56  fifteen, subject to the conditions of this section,  the  superintendent
        A. 5151                            15

     1  of  schools shall make a written report to the board of education or the
     2  trustees of a common school district  recommending  for  appointment  on
     3  tenure those persons who have been found competent, efficient and satis-
     4  factory.  Such  persons, and all others employed in the teaching service
     5  of the schools  of  such  union  free  school  district,  common  school
     6  district and/or school district employing fewer than eight teachers, who
     7  have  served  the probationary period as provided in this section, shall
     8  hold their respective positions during good behavior and  efficient  and
     9  competent  service,  and  shall  not  be  removed  except for any of the
    10  following causes, after a hearing, as provided by section three thousand
    11  twenty-a or section three thousand twenty-b of this article: (a)  insub-
    12  ordination, immoral character or conduct unbecoming a teacher; (b) inef-
    13  ficiency,  incompetency,  physical  or  mental disability, or neglect of
    14  duty; (c) failure to maintain certification as required by this  chapter
    15  and by the regulations of the commissioner. Each person who is not to be
    16  recommended  for  appointment  on  tenure,  shall  be so notified by the
    17  superintendent of schools in writing not later  than  sixty  days  imme-
    18  diately preceding the expiration of [his] the probationary period.
    19    (b)  At  the  expiration of the probationary [term] period of a person
    20  appointed for such [term] period on or after July  first,  two  thousand
    21  fifteen,  subject  to the conditions of this section, the superintendent
    22  of schools shall make a written report to the board of education or  the
    23  trustees  of  a  common  school district recommending for appointment on
    24  tenure those persons who have been found competent, efficient and satis-
    25  factory and, in the case of a classroom teacher or  building  principal,
    26  who have received [composite] satisfactory annual [professional perform-
    27  ance  review  ratings  pursuant  to  section  three thousand twelve-c or
    28  section three thousand twelve-d of this article, of either effective  or
    29  highly effective] reviews in at least three of the four preceding years,
    30  exclusive  of any breaks in service[; provided that, notwithstanding any
    31  other provision of this section to the contrary, when a teacher or prin-
    32  cipal receives an effective or highly effective rating in each  year  of
    33  his or her probationary service except he or she receives an ineffective
    34  rating in the final year of his or her probationary period, such teacher
    35  shall  not  be  eligible  for  tenure but the board of education, in its
    36  discretion, may extend the teacher's probationary period  for  an  addi-
    37  tional  year;  provided,  however,  that  if  such  teacher or principal
    38  successfully appealed such ineffective rating, such teacher or principal
    39  shall immediately be eligible for tenure if the  rating  resulting  from
    40  the appeal established that such individual has been effective or highly
    41  effective  in  at  least  three  of the preceding four years and was not
    42  ineffective in the final year. At the  expiration  of  the  probationary
    43  period,  the  classroom  teacher  or  building principal shall remain in
    44  probationary status until the end of  the  school  year  in  which  such
    45  teacher  or  principal  has received such ratings of effective or highly
    46  effective for at least three of the four preceding school years,  exclu-
    47  sive  of  any breaks in service, and subject to the terms hereof, during
    48  which time the trustees or board of education shall consider whether  to
    49  grant  tenure  for  those  classroom teachers or building principals who
    50  otherwise  have  been  found  competent,  efficient  and   satisfactory.
    51  Provided,  however,  that  the  trustees or board of education may grant
    52  tenure contingent upon a classroom  teacher's  or  building  principal's
    53  receipt  of a minimum rating in the final year of the probationary peri-
    54  od, pursuant to the requirements of this section, and if such contingen-
    55  cy is not met after all appeals have been exhausted, the grant of tenure
    56  shall be void and unenforceable and the teacher's or principal's  proba-
        A. 5151                            16

     1  tionary  period  may  be  extended in accordance with this subdivision].
     2  Such persons who  have  been  recommended  for  tenure  and  all  others
     3  employed  in the teaching service of the schools of such school district
     4  who  have  served the full probationary period [as extended] pursuant to
     5  this subdivision shall  hold  their  respective  positions  during  good
     6  behavior and efficient and competent service, and shall not be removable
     7  except  for  cause after a hearing as provided by section three thousand
     8  twenty-a or section three thousand twenty-b of this article. Failure  to
     9  maintain  certification  as required by this chapter and the regulations
    10  of the commissioner shall constitute cause for removal.
    11    [3.] 4. Notwithstanding any other provision of this section no  period
    12  in  any  school  year  for which there is no required service and/or for
    13  which no compensation is provided shall in any event constitute a  break
    14  or  suspension  of probationary period or continuity of tenure rights of
    15  any of the persons hereinabove described.
    16    § 4. Section 3014 of the education law, as amended  by  section  5  of
    17  subpart D of part EE of chapter 56 of the laws of 2015, paragraph (b) of
    18  subdivision  1 as amended by chapter 345 of the laws of 2019, is amended
    19  to read as follows:
    20    § 3014. Tenure: boards of cooperative  educational  services.  1.  (a)
    21  Administrative  assistants,  supervisors, teachers and all other members
    22  of the teaching and supervising staff of the board of cooperative educa-
    23  tional services appointed prior to July  first,  two  thousand  fifteen,
    24  shall be appointed by a majority vote of the board of cooperative educa-
    25  tional  services  upon the recommendation of the district superintendent
    26  of schools for a probationary period [of] not  to  exceed  three  years;
    27  provided,  however, that in the case of a teacher who has been appointed
    28  on tenure in a school district within the state, the  board  of  cooper-
    29  ative educational services where currently employed, or another board of
    30  cooperative  educational  services,  and who was not dismissed from such
    31  district or board as a result of charges brought pursuant to subdivision
    32  one of section three thousand twenty-a or section three  thousand  twen-
    33  ty-b  of  this  article,  the  probationary  period shall not exceed two
    34  years. Services of a person so appointed to any such  positions  may  be
    35  discontinued  at  any  time  during  such  probationary period, upon the
    36  recommendation of the district superintendent, by a majority vote of the
    37  board of cooperative educational services.
    38    (b) Administrative assistants, supervisors,  teachers  and  all  other
    39  members  of  the  teaching and supervising staff of the board of cooper-
    40  ative educational services appointed on or after July first,  two  thou-
    41  sand  fifteen,  shall  be  appointed  by a majority vote of the board of
    42  cooperative educational services upon the recommendation of the district
    43  superintendent of schools for a probationary period [of] not  to  exceed
    44  four  years;  provided,  however,  that in the case of a teacher who has
    45  been appointed on tenure in a school  district  within  the  state,  the
    46  board  of  cooperative educational services where currently employed, or
    47  another board of cooperative  educational  services,  and  who  was  not
    48  dismissed  from  such  district  or board as a result of charges brought
    49  pursuant to section three thousand twenty-a or  section  three  thousand
    50  twenty-b  of  this  article, the teacher shall be appointed for a proba-
    51  tionary period of three years; provided that, in the case of a classroom
    52  teacher, the teacher demonstrates that  [he  or  she]  they  received  a
    53  [composite]   satisfactory   annual  [professional  performance]  review
    54  [rating pursuant to section three thousand twelve-c  or  three  thousand
    55  twelve-d  of  this  article  of either effective or highly effective] in
    56  [his or her] their final year of service in such other  school  district
        A. 5151                            17

     1  or  board of cooperative educational services; and provided further that
     2  in the case of a principal, administrator, supervisor, or  other  member
     3  of  the  supervising  staff who has been appointed on tenure pursuant to
     4  this  chapter  as  an  administrator within an authorized administrative
     5  tenure area in another school district  within  the  state,  the  school
     6  district where currently employed, or a board of cooperative educational
     7  services,  and  who  was  not dismissed from such district or board as a
     8  result of charges brought pursuant to subdivision one of  section  three
     9  thousand  twenty-a  or  section three thousand twenty-b of this article,
    10  the principal, administrator, supervisor, or other member of the  super-
    11  vising  staff  shall  be  appointed  for  a probationary period of three
    12  years. Services of a person so appointed to any such positions to  which
    13  this paragraph applies may be discontinued at any time during the proba-
    14  tionary  period, upon the recommendation of the district superintendent,
    15  by a majority vote of the board of cooperative educational services.
    16    (c) Administrative assistants, supervisors,  teachers  and  all  other
    17  members  of  the  teaching and supervising staff of the board of cooper-
    18  ative educational services appointed on or after July first,  two  thou-
    19  sand  twenty-one,  shall be appointed by a majority vote of the board of
    20  cooperative educational services upon the recommendation of the district
    21  superintendent of schools for a probationary period not to exceed  three
    22  years;  provided,  however,  that  in the case of a teacher who has been
    23  appointed on tenure in a school district within the state, the board  of
    24  cooperative  educational  services  where currently employed, or another
    25  board of cooperative educational services, and  who  was  not  dismissed
    26  from  such  district or board as a result of charges brought pursuant to
    27  section three thousand twenty-a or section three  thousand  twenty-b  of
    28  this  article, such teacher shall be appointed for a probationary period
    29  of two years; provided that, in the case of a  classroom  teacher,  such
    30  teacher  demonstrates that they received a satisfactory annual review in
    31  their final year of service in such other school district  or  board  of
    32  cooperative  educational  services. Services of a person so appointed to
    33  any such positions may be discontinued at any time  during  such  proba-
    34  tionary  period, upon the recommendation of the district superintendent,
    35  by a majority vote of the board of cooperative educational services.
    36    2. (a) On or before the expiration of the probationary  [term]  period
    37  of  a  person  appointed for such [term] period prior to July first, two
    38  thousand fifteen, the district superintendent of schools  shall  make  a
    39  written  report  to the board of cooperative educational services recom-
    40  mending for appointment on tenure persons who have been found competent,
    41  efficient and satisfactory. Such persons  shall  hold  their  respective
    42  positions  during  good behavior and competent and efficient service and
    43  shall not be removed except for any of the  following  causes,  after  a
    44  hearing, as provided by section three thousand twenty-a or section three
    45  thousand  twenty-b of this article: (i) Insubordination, immoral charac-
    46  ter or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or
    47  neglect of duty; (iii) Failure to maintain certification as required  by
    48  this chapter and by the regulations of the commissioner. Each person who
    49  is  not to be so recommended for appointment on tenure shall be so noti-
    50  fied in writing by the district superintendent not later than sixty days
    51  immediately preceding the expiration of [his or her] their  probationary
    52  period.
    53    (b) On or before the expiration of the probationary [term] period of a
    54  person  appointed  for  such  [term]  period on or after July first, two
    55  thousand fifteen, the district superintendent of schools  shall  make  a
    56  written  report  to the board of cooperative educational services recom-
        A. 5151                            18

     1  mending for appointment on tenure persons who have been found competent,
     2  efficient and satisfactory and, in the case of a  classroom  teacher  or
     3  building  principal,  who have received [composite] annual [professional
     4  performance  review  ratings pursuant to section three thousand twelve-c
     5  or section three thousand twelve-d of this article, of either  effective
     6  or  highly  effective  in  at  least three of the four preceding years,]
     7  reviews in at least three of the four preceding years, exclusive of  any
     8  breaks  in  service[; provided that, notwithstanding any other provision
     9  of this section to the contrary, when a teacher or principal receives an
    10  effective or highly effective rating in each year of his or  her  proba-
    11  tionary  service  except he or she receives an ineffective rating in the
    12  final year of his or her probationary period, such teacher shall not  be
    13  eligible  for  tenure  but the board of education in its discretion, may
    14  extend  the  teacher's  probationary  period  for  an  additional  year;
    15  provided,  however  that  if  such  teacher  or  principal  successfully
    16  appealed such ineffective rating, such teacher or principal shall  imme-
    17  diately  be  eligible for tenure if the rating resulting from the appeal
    18  established that such individual has been effective or highly  effective
    19  in at least three of the preceding four years and was not ineffective in
    20  the final year. At the expiration of the probationary period, the class-
    21  room  teacher  or building principal shall remain in probationary status
    22  until the end of the school year in which such teacher or principal  has
    23  received  such  ratings  of  effective  or highly effective for at least
    24  three of the four preceding school years, exclusive  of  any  breaks  in
    25  service,  during  which time a board of cooperative educational services
    26  shall consider whether to grant tenure for those classroom  teachers  or
    27  building  principals  who otherwise have been found competent, efficient
    28  and satisfactory. Provided,  however,  that  the  board  of  cooperative
    29  educational services may grant tenure contingent upon a classroom teach-
    30  er's  or  building  principal's receipt of a minimum rating in the final
    31  year of the probationary period, pursuant to the  requirements  of  this
    32  section,  and if such contingency is not met after all appeals have been
    33  exhausted, the grant of tenure shall be void and unenforceable  and  the
    34  teacher's  or principal's probationary period may be extended in accord-
    35  ance with this subdivision]. Such persons shall  hold  their  respective
    36  positions  during  good behavior and competent and efficient service and
    37  shall not be removed except for any of the  following  causes,  after  a
    38  hearing, as provided by section three thousand twenty-a or section three
    39  thousand  twenty-b of this article: (i) Insubordination, immoral charac-
    40  ter or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or
    41  neglect of duty; (iii) Failure to maintain certification as required  by
    42  this chapter and by the regulations of the commissioner. Each person who
    43  is  not to be so recommended for appointment on tenure shall be so noti-
    44  fied in writing by the district superintendent not later than sixty days
    45  immediately preceding the expiration of [his or  her]  the  probationary
    46  period.
    47    § 5. This act shall take effect immediately.