Bill Text: NY A07525 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to annual professional performance reviews of teachers and principals; establishes an optional system of annual professional performance review plans; repeals provisions relating to streamlined removal procedures for teachers rated ineffective.

Spectrum: Slight Partisan Bill (Democrat 30-10)

Status: (Introduced) 2024-01-03 - referred to education [A07525 Detail]

Download: New_York-2023-A07525-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7525

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 25, 2023
                                       ___________

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

        AN ACT to amend the education law, in relation  to  annual  professional
          performance  reviews of teachers and principals; and to repeal section
          3020-b of the education law relating to streamlined removal procedures
          for teachers rated ineffective

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

     1    Section  1.  Paragraphs a and b of subdivision 1 of section 2-d of the
     2  education law, as added by section 1 of subpart L of part AA of  chapter
     3  56 of the laws of 2014, are  amended to read as follows:
     4    a.  "Building  principal" means a building principal subject to annual
     5  performance evaluation review under  the  provisions  of  section  three
     6  thousand  twelve-c,  section  three  thousand twelve-d, or section three
     7  thousand twelve-e of this chapter.
     8    b. "Classroom teacher" means a teacher subject to  annual  performance
     9  evaluation  review  under  the  provisions  of  section  three  thousand
    10  twelve-c, section three thousand twelve-d,  or  section  three  thousand
    11  twelve-e of this chapter.
    12    § 2. Subparagraph ii of paragraph (a) of subdivision 1 and paragraph b
    13  of  subdivision  2  of  section 2509 of the education law, as amended by
    14  chapter 201 of the laws of 2022, are amended to read as follows:
    15    ii. Notwithstanding any other provision of law or  regulation  to  the
    16  contrary, teachers and all other members of the teaching staff appointed
    17  on  or  after July first, two thousand fifteen and authorized by section
    18  twenty-five hundred three of this article, shall  be  appointed  by  the
    19  board  of  education,  upon  the recommendation of the superintendent of
    20  schools, for a probationary period of four years,  except  that  in  the
    21  case  of  a  teacher  who has rendered satisfactory service as a regular
    22  substitute for a period of up to two years [and, if a classroom teacher,
    23  has received composite annual professional performance review ratings in

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11244-01-3
        A. 7525                             2

     1  each of those years], or such teacher has rendered satisfactory  service
     2  as  a seasonally licensed per session teacher of swimming in day schools
     3  who has served in that capacity for a period of up to two years and  has
     4  been  appointed  to  teach  the same subject in day schools on an annual
     5  salary, the teacher shall be appointed for a probationary  period  of  a
     6  minimum  of  two years, depending upon the length of the regular substi-
     7  tute service that shall shorten the length of the  probationary  period;
     8  provided,  however, that in the case of a teacher who has been appointed
     9  on tenure in another  school  district  within  the  state,  the  school
    10  district where currently employed, or a board of cooperative educational
    11  services,  and  who  was  not dismissed from such district or board as a
    12  result of charges brought pursuant to subdivision one of  section  three
    13  thousand  twenty-a [or section three thousand twenty-b] of this chapter,
    14  the teacher shall be  appointed  for  a  probationary  period  of  three
    15  years[;  provided  that the teacher demonstrates that he or she received
    16  an annual professional performance review  rating  pursuant  to  section
    17  three thousand twelve-c or section three thousand twelve-d of this chap-
    18  ter in his or her final year of service in such other school district or
    19  board  of  cooperative  educational services. Provided further, however,
    20  that in the case of a teacher who has been appointed for a  probationary
    21  period  during the two thousand twenty--two thousand twenty-one, the two
    22  thousand twenty-one--two thousand twenty-two or the two  thousand  twen-
    23  ty-two--two thousand twenty-three school year and who has been appointed
    24  on  tenure  in  another  school  district  within  the state, the school
    25  district where currently  employed,  board  of  cooperative  educational
    26  services or state school for the blind or deaf and who was not dismissed
    27  from  such  district,  board  or state school for the blind or deaf as a
    28  result of charges brought pursuant to subdivision one of  section  three
    29  thousand  twenty-a  or  section three thousand twenty-b of this chapter,
    30  such teacher shall be appointed  for  a  probationary  period  of  three
    31  years;  provided  that, in the case of a classroom teacher, such teacher
    32  demonstrates that he or she received an annual professional  performance
    33  review  rating  pursuant  to  section three thousand twelve-c or section
    34  three thousand twelve-d of this chapter in the two thousand  seventeen--
    35  two  thousand  eighteen  or two thousand eighteen--two thousand nineteen
    36  school year in such other school district, board of  cooperative  educa-
    37  tional services or state school for the blind or deaf]. The service of a
    38  person  appointed  to  any  of such positions may be discontinued at any
    39  time during such probationary  period,  on  the  recommendation  of  the
    40  superintendent of schools, by a majority vote of the board of education.
    41  Each person who is not to be recommended for appointment on tenure shall
    42  be  so  notified  by  the superintendent of schools in writing not later
    43  than sixty days immediately preceding the expiration of  his/her  proba-
    44  tionary period.
    45    b. For persons appointed on or after July first, two thousand fifteen,
    46  at  the expiration of the probationary term of any persons appointed for
    47  such term, or within six months prior  thereto,  the  superintendent  of
    48  schools shall make a written report to the board of education recommend-
    49  ing  for  appointment on tenure those persons who have been found compe-
    50  tent, efficient and satisfactory [and in the case of a classroom teacher
    51  or building principal, who have received annual professional performance
    52  review ratings pursuant to section three thousand  twelve-c  or  section
    53  three  thousand  twelve-d of this chapter, of either effective or highly
    54  effective in at least three of the four preceding  years,  exclusive  of
    55  any breaks in service; provided that, in the case of a classroom teacher
    56  or  building  principal appointed during the two thousand seventeen--two
        A. 7525                             3

     1  thousand eighteen or the two thousand  twenty--two  thousand  twenty-one
     2  school year, who have received composite annual professional performance
     3  review  ratings  pursuant  to section three thousand twelve-c or section
     4  three  thousand  twelve-d of this chapter, of either effective or highly
     5  effective in at least one of the four preceding years, exclusive of  any
     6  breaks  in  service,  and  did  not receive an ineffective rating in the
     7  final year of his or her probationary period, or during the most  recent
     8  school  year  where  a  rating  was received, and would have been in the
     9  superintendent of  schools'  discretion  qualified  for  appointment  on
    10  tenure  based  upon  performance, notwithstanding that his or her annual
    11  professional performance review had not been completed and he or she had
    12  not received an annual professional performance rating for the two thou-
    13  sand nineteen--two thousand twenty, two  thousand  twenty--two  thousand
    14  twenty-one  or  the  two  thousand  twenty-one--two  thousand twenty-two
    15  school year; provided that, in the case of a classroom teacher or build-
    16  ing principal appointed during the two thousand  eighteen--two  thousand
    17  nineteen  or two thousand nineteen--two thousand twenty school year, who
    18  has  not  received  composite  annual  professional  performance  review
    19  ratings  pursuant  to  section  three thousand twelve-c or section three
    20  thousand twelve-d of this  chapter,  for  three  consecutive  years,  no
    21  ratings shall be required for the superintendent of schools to recommend
    22  for  appointment  on  tenure  such  teacher or building principal if the
    23  teacher or principal would have been, in the superintendent of  schools'
    24  discretion,  qualified for appointment on tenure based upon performance,
    25  notwithstanding that his or her annual professional  performance  review
    26  had  not been completed and he or she had not received an annual profes-
    27  sional performance review rating  for  the  two  thousand  nineteen--two
    28  thousand  twenty,  two  thousand twenty--two thousand twenty-one and two
    29  thousand twenty-one--two thousand twenty-two school years; provided that
    30  in the case of a  classroom  teacher  or  building  principal  appointed
    31  during  the two thousand twenty-one--two thousand twenty-two school year
    32  who have  received  composite  annual  professional  performance  review
    33  ratings  pursuant  to  section  three thousand twelve-c or section three
    34  thousand twelve-d of this chapter of either effective or  highly  effec-
    35  tive  in  at  least  two  of  the four preceding years, exclusive of any
    36  breaks in service, and did not receive  an  ineffective  rating  in  the
    37  final  year of his or her probationary period, or during the most recent
    38  school year where a rating was received, and  would  have  been  in  the
    39  superintendent  of  schools'  discretion  qualified  for  appointment on
    40  tenure based upon performance, notwithstanding that his  or  her  annual
    41  professional performance review had not been completed and he or she had
    42  not received an annual professional performance rating for the two thou-
    43  sand  twenty--two  thousand  twenty-one  or two thousand twenty-one--two
    44  thousand twenty-two school year; provided further that,  notwithstanding
    45  any  other  provision of this section to the contrary, when a teacher or
    46  principal receives an effective or highly effective rating in each  year
    47  of his or her probationary service except he or she receives an ineffec-
    48  tive  rating  in  the final year of his or her probationary period, such
    49  teacher or principal shall not be eligible for tenure but the  board  of
    50  education in its discretion, may extend the teacher's probationary peri-
    51  od  for  an  additional year; provided, however, that if such teacher or
    52  principal successfully appealed such ineffective rating, such teacher or
    53  principal shall immediately be eligible for tenure if the rating result-
    54  ing from the appeal established that such individual has been  effective
    55  or  highly  effective  in at least three of the preceding four years and
    56  was not ineffective in the final year. By a majority vote, the board  of
        A. 7525                             4

     1  education  may  then  appoint on tenure any or all of the persons recom-
     2  mended by the superintendent of schools. At the expiration of the proba-
     3  tionary period, the classroom teacher or building principal shall remain
     4  in  probationary  status  until the end of the school year in which such
     5  teacher or principal has received such ratings of  effective  or  highly
     6  effective  for  at least three of the four preceding school years exclu-
     7  sive of any breaks in service and subject to the  terms  hereof,  during
     8  which  time  a board of education shall consider whether to grant tenure
     9  for those classroom teachers or building principals who  otherwise  have
    10  been  found  competent,  efficient  and satisfactory. Provided, however,
    11  that the board of education may grant tenure contingent upon a classroom
    12  teacher's or building principal's receipt of a  minimum  rating  in  the
    13  final  year  of the probationary period, pursuant to the requirements of
    14  this section, and if such contingency is not met after all appeals  have
    15  been  exhausted, the grant of tenure shall be void and unenforceable and
    16  the teacher's or principal's probationary  period  may  be  extended  in
    17  accordance with this subdivision. Such persons who have been recommended
    18  for  tenure  and  all  others  employed  in  the teaching service of the
    19  schools of such school district who have served  the  full  probationary
    20  period as extended pursuant to this subdivision shall hold their respec-
    21  tive positions during good behavior and efficient and competent service,
    22  and  shall not be removable except for cause after a hearing as provided
    23  by section three thousand twenty-a or section three thousand twenty-b of
    24  this chapter]. Failure to maintain certification  as  required  by  this
    25  chapter  and  the regulations of the commissioner shall constitute cause
    26  for removal.
    27    § 3. Subparagraphs i and ii of  paragraph  (a)  of  subdivision  1  of
    28  section  2573 of the education law, subparagraph i as amended by section
    29  3 of subpart D of part EE of chapter 56 of the laws of 2015, and subpar-
    30  agraph ii as amended by chapter 201 of the laws of 2022, are amended  to
    31  read as follows:
    32    i.  Teachers  and  all  other members of the teaching staff, appointed
    33  prior to July first, two thousand  fifteen  and  authorized  by  section
    34  twenty-five  hundred  fifty-four  of this article, shall be appointed by
    35  the board of education, upon the recommendation of the superintendent of
    36  schools, for a probationary period of three years, except  that  in  the
    37  case  of  a  teacher  who has rendered satisfactory service as a regular
    38  substitute for a period of two years or as  a  seasonally  licensed  per
    39  session teacher of swimming in day schools who has served in that capac-
    40  ity  for  a period of two years and has been appointed to teach the same
    41  subject in day schools on an  annual  salary,  the  probationary  period
    42  shall  be  limited to one year; provided, however, that in the case of a
    43  teacher who has been appointed on  tenure  in  another  school  district
    44  within  the  state,  the  school district where currently employed, or a
    45  board of cooperative educational services, and  who  was  not  dismissed
    46  from  such  district or board as a result of charges brought pursuant to
    47  subdivision one of section three thousand  twenty-a  [or  section  three
    48  thousand  twenty-b]  of  this chapter, the probationary period shall not
    49  exceed two years; provided, however, that in cities with a population of
    50  one million or more, a teacher appointed under a newly created  license,
    51  for  teachers  of reading and of the emotionally handicapped, to a posi-
    52  tion which the teacher has held for at least two  years  prior  to  such
    53  appointment  while serving on tenure in another license area who was not
    54  dismissed as a result of charges brought pursuant to subdivision one  of
    55  section  three thousand twenty-a [or section three thousand twenty-b] of
    56  this chapter, the probationary period shall be one year. The service  of
        A. 7525                             5

     1  a  person  appointed to any of such positions may be discontinued at any
     2  time during such probationary  period,  on  the  recommendation  of  the
     3  superintendent of schools, by a majority vote of the board of education.
     4  Each person who is not to be recommended for appointment on tenure shall
     5  be  so  notified  by  the superintendent of schools in writing not later
     6  than sixty days immediately preceding  the  expiration  of  his  or  her
     7  probationary  period.    In city school districts having a population of
     8  four hundred thousand or more,  persons  with  licenses  obtained  as  a
     9  result  of examinations announced subsequent to the twenty-second day of
    10  May, nineteen hundred sixty-nine  appointed  upon  conditions  that  all
    11  announced  requirements for the position be fulfilled within a specified
    12  period of time, shall not acquire tenure unless and until such  require-
    13  ments  have been completed within the time specified for the fulfillment
    14  of such requirements, notwithstanding the expiration of any probationary
    15  period. In all other city school districts subject to the provisions  of
    16  this  article,  failure  to  maintain  certification as required by this
    17  article and by the regulations of the commissioner shall  be  cause  for
    18  removal within the meaning of subdivision five of this section.
    19    ii.  Teachers and all other members of the teaching staff appointed on
    20  or after July first, two thousand  fifteen  and  authorized  by  section
    21  twenty-five  hundred  fifty-four  of this article, shall be appointed by
    22  the board of education, upon the recommendation of the superintendent of
    23  schools, for a probationary period of four years,  except  that  in  the
    24  case  of  a  teacher  who has rendered satisfactory service as a regular
    25  substitute for a period of up to two years [and, if a classroom teacher,
    26  has received annual professional performance review ratings in  each  of
    27  those  years],  or  such  teacher has rendered satisfactory service as a
    28  seasonally licensed per session teacher of swimming in day  schools  who
    29  has served in that capacity for a period of up to two years and has been
    30  appointed  to teach the same subject in day schools on an annual salary,
    31  the teacher shall be appointed for a probationary period of a minimum of
    32  two years, depending upon the length of the regular  substitute  service
    33  that  shall  shorten  the  length  of the probationary period; provided,
    34  however, that in the case of a teacher who has been appointed on  tenure
    35  in  another  school district within the state, the school district where
    36  currently employed, or a board of cooperative educational services,  and
    37  who was not dismissed from such district or board as a result of charges
    38  brought  pursuant  to subdivision one of section three thousand twenty-a
    39  [or section three thousand twenty-b] of this chapter, the teacher  shall
    40  be  appointed  for a probationary period of three years[; provided that,
    41  in the case of a classroom teacher, the teacher demonstrates that he  or
    42  she  received  an annual professional performance review rating pursuant
    43  to section three thousand twelve-c or section three thousand twelve-d of
    44  this chapter in his or her final year of service in  such  other  school
    45  district  or board of cooperative educational services; provided, howev-
    46  er, that, in the case of a classroom teacher who has been appointed  for
    47  a probationary period during the two thousand twenty--two thousand twen-
    48  ty-one,  the two thousand twenty-one--two thousand twenty-two or the two
    49  thousand twenty-two--two thousand twenty-three school year and  who  has
    50  been  appointed  on  tenure in another school district within the state,
    51  the school district  where  currently  employed,  board  of  cooperative
    52  educational  services or state school for the blind or deaf, and who was
    53  not dismissed from such district, board or state school for the blind or
    54  deaf as a result of charges brought pursuant to section  three  thousand
    55  twenty-a or section three thousand twenty-b of this chapter, such teach-
    56  er shall be appointed for a probationary period of three years; provided
        A. 7525                             6

     1  that, in the case of a classroom teacher, such teacher demonstrates that
     2  he  or  she  received  an  annual professional performance review rating
     3  pursuant to section three thousand twelve-c or  section  three  thousand
     4  twelve-d  of  this  chapter  in the two thousand seventeen--two thousand
     5  eighteen or two thousand eighteen--two thousand nineteen school year  in
     6  such other school district, board of cooperative educational services or
     7  state  school for the blind or deaf]; provided further, however, that in
     8  cities with a population of one million or  more,  a  teacher  appointed
     9  under  a  newly  created  license,  for  teachers  of reading and of the
    10  emotionally handicapped, to a position which the teacher has held for at
    11  least two years prior to such appointment while  serving  on  tenure  in
    12  another  license  area  who  was  not  dismissed  as a result of charges
    13  brought pursuant to subdivision one of section three  thousand  twenty-a
    14  [or  section three thousand twenty-b] of this chapter, the teacher shall
    15  be appointed for a probationary period of two years.  The service  of  a
    16  person  appointed  to  any  of such positions may be discontinued at any
    17  time during such probationary  period,  on  the  recommendation  of  the
    18  superintendent of schools, by a majority vote of the board of education.
    19  Each person who is not to be recommended for appointment on tenure shall
    20  be  so  notified  by  the superintendent of schools in writing not later
    21  than sixty days immediately preceding  the  expiration  of  his  or  her
    22  probationary  period.  In  all  city  school  districts  subject  to the
    23  provisions  of  this  article,  failure  to  maintain  certification  as
    24  required  by  this  article  and  by the regulations of the commissioner
    25  shall be cause for removal within the meaning  of  subdivision  five  of
    26  this section.
    27    §  4.    Subdivisions 5 and 6 of section 2573 of the education law, as
    28  amended by section 3 of subpart D of part EE of chapter 56 of  the  laws
    29  of 2015, paragraph (b) of subdivision 5 and paragraph (b) of subdivision
    30  6  as amended by chapter 201 of the laws of 2022, are amended to read as
    31  follows:
    32    5. (a) At the expiration of  the  probationary  term  of  any  persons
    33  appointed  for  such term prior to July first, two thousand fifteen, the
    34  superintendent of schools shall make a written report to  the  board  of
    35  education  recommending for permanent appointment those persons who have
    36  been found competent, efficient and satisfactory. Such persons  and  all
    37  others  employed  in the teaching, service of the schools of a city, who
    38  have served the full probationary period, shall  hold  their  respective
    39  positions  during good behavior and efficient and competent service, and
    40  shall not be removable except for cause after a hearing as  provided  by
    41  section  three thousand twenty-a [or section three thousand twenty-b] of
    42  this chapter.
    43    (b) At  the  expiration  of  the  probationary  term  of  any  persons
    44  appointed  for  such  term on or after July first, two thousand fifteen,
    45  the superintendent of schools shall make a written report to  the  board
    46  of  education  recommending  for permanent appointment those persons who
    47  have been found competent, efficient and satisfactory [and, in the  case
    48  of  a classroom teacher or building principal, who have received compos-
    49  ite annual professional performance review ratings pursuant  to  section
    50  three thousand twelve-c or section three thousand twelve-d of this chap-
    51  ter,  of  either  effective or highly effective in at least three of the
    52  four preceding years, exclusive of any breaks in service; provided that,
    53  in the case of a  classroom  teacher  or  building  principal  appointed
    54  during the two thousand seventeen--two thousand eighteen or two thousand
    55  twenty--two thousand twenty-one school year, who have received composite
    56  annual professional performance review ratings pursuant to section three
        A. 7525                             7

     1  thousand  twelve-c or section three thousand twelve-d of this chapter of
     2  either effective or highly effective in at least one of the four preced-
     3  ing years, exclusive of any breaks in service, and did  not  receive  an
     4  ineffective  rating  in the final year of his or her probationary period
     5  or during the most recent school year where a rating was  received,  and
     6  would  have  been in the superintendent of schools' discretion qualified
     7  for appointment on tenure based upon performance,  notwithstanding  that
     8  his or her annual professional performance review had not been completed
     9  and he or she had not received an annual professional performance rating
    10  for  the  two thousand nineteen--two thousand twenty, two thousand twen-
    11  ty--two thousand twenty-one or the two thousand twenty-one--two thousand
    12  twenty-two school year; provided that, in the case of a classroom teach-
    13  er or building principal appointed during the two thousand eighteen--two
    14  thousand nineteen or two thousand nineteen--two thousand  twenty  school
    15  year,  who  has  not  received composite annual professional performance
    16  review ratings pursuant to section three thousand  twelve-c  or  section
    17  three  thousand twelve-d of this chapter for three consecutive years, no
    18  ratings shall be required for the superintendent of schools to recommend
    19  for appointment on tenure such teacher  or  building  principal  if  the
    20  teacher  or principal would have been, in the superintendent of schools'
    21  discretion, qualified for appointment on tenure based upon  performance,
    22  notwithstanding  that  his or her annual professional performance review
    23  had not been completed and he or she had not received an annual  profes-
    24  sional  performance  review  rating  for  the two thousand nineteen--two
    25  thousand twenty, two thousand twenty--two thousand  twenty-one  and  two
    26  thousand twenty-one--two thousand twenty-two school years; provided that
    27  in  the  case  of  a  classroom  teacher or building principal appointed
    28  during the two thousand twenty-one--two thousand twenty-two school  year
    29  who  have  received  composite  annual  professional  performance review
    30  ratings pursuant to section three thousand  twelve-c  or  section  three
    31  thousand  twelve-d  of this chapter of either effective or highly effec-
    32  tive in at least two of the  four  preceding  years,  exclusive  of  any
    33  breaks  in  service,  and  did  not receive an ineffective rating in the
    34  final year of his or her probationary period or during the  most  recent
    35  school  year  where  a  rating  was received, and would have been in the
    36  superintendent of  schools'  discretion  qualified  for  appointment  on
    37  tenure  based  upon  performance, notwithstanding that his or her annual
    38  professional performance review had not been completed and he or she had
    39  not received an annual professional performance rating for the two thou-
    40  sand twenty--two thousand twenty-one  or  two  thousand  twenty-one--two
    41  thousand  twenty-two school year; provided further that, notwithstanding
    42  any other provision of this section to the contrary, when a  teacher  or
    43  principal  receives  an effective and/or highly effective rating in each
    44  year of his or her probationary service except he  or  she  receives  an
    45  ineffective  rating in the final year of his or her probationary period,
    46  such teacher or principal shall not be eligible for tenure but the board
    47  of education in its discretion, may extend  the  teacher's  probationary
    48  period  for  an additional year; provided, however, that if such teacher
    49  or principal successfully appealed such ineffective rating, such teacher
    50  or principal shall immediately be eligible  for  tenure  if  the  rating
    51  resulting  from  the  appeal  established  that such individual has been
    52  effective or highly effective in at least three of  the  preceding  four
    53  years.  At  the  expiration  of  the  probationary period, the classroom
    54  teacher or building principal shall remain in probationary status  until
    55  the  end  of  the  school  year  in  which such teacher or principal has
    56  received such ratings of effective or  highly  effective  for  at  least
        A. 7525                             8

     1  three  of  the  four  preceding school years, exclusive of any breaks in
     2  service and subject to the terms hereof, during which time  a  board  of
     3  education  shall  consider  whether  to grant tenure for those classroom
     4  teachers or building principals who otherwise have been found competent,
     5  efficient  and satisfactory. Provided, however, that the board of educa-
     6  tion may grant tenure contingent upon a classroom teacher's or  building
     7  principal's  receipt of a minimum rating in the final year of the proba-
     8  tionary period, pursuant to the requirements of  this  section,  and  if
     9  such  contingency  is not met after all appeals have been exhausted, the
    10  grant of tenure shall be void and unenforceable  and  the  teacher's  or
    11  principal's  probationary period may be extended in accordance with this
    12  subdivision]. Such persons who have been recommended for tenure and  all
    13  others  employed  in  the teaching service of the schools of such school
    14  district who have served the full probationary period as extended pursu-
    15  ant to this subdivision shall hold  their  respective  positions  during
    16  good  behavior  and  efficient  and  competent service, and shall not be
    17  removable except for cause after a hearing as provided by section  three
    18  thousand  twenty-a [or section three thousand twenty-b] of this chapter.
    19  Failure to maintain certification as required by this  chapter  and  the
    20  regulations of the commissioner shall constitute cause for removal.
    21    6. (a) In a city having a population of four hundred thousand or more,
    22  at  the expiration of the probationary term of any persons appointed for
    23  such term prior to July first, two thousand fifteen, the  superintendent
    24  of  schools shall make a written report to the board of education recom-
    25  mending for permanent appointment those  persons  who  have  been  found
    26  satisfactory,  and  such board of education shall immediately thereafter
    27  issue to  such  persons  permanent  certificates  of  appointment.  Such
    28  persons  and  all others employed in the teaching service of the schools
    29  of such city, who have served the full probationary period shall receive
    30  permanent certificates to teach issued  to  them  by  the  certificating
    31  authority,  except  as  otherwise  provided in subdivision ten-a of this
    32  section, and shall hold their respective positions during good  behavior
    33  and satisfactory teaching service, and shall not be removable except for
    34  cause after a hearing as provided by section three thousand twenty-a [or
    35  section three thousand twenty-b] of this chapter.
    36    (b)  At  the  expiration  of  the  probationary  term  of  any persons
    37  appointed for such term on or after July first,  two  thousand  fifteen,
    38  the  superintendent  of schools shall make a written report to the board
    39  of education recommending for permanent appointment  those  persons  who
    40  have  been found competent, efficient and satisfactory [and, in the case
    41  of a classroom teacher or building principal, who have received  compos-
    42  ite  annual  professional performance review ratings pursuant to section
    43  three thousand twelve-c or section three thousand twelve-d of this chap-
    44  ter, of either effective or highly effective in at least  three  of  the
    45  four preceding years, exclusive of any breaks in service; provided that,
    46  in  the  case  of  a  classroom  teacher or building principal appointed
    47  during the two thousand seventeen--two thousand eighteen or two thousand
    48  twenty--two thousand twenty-one school year, who have received composite
    49  annual professional performance review ratings pursuant to section three
    50  thousand twelve-c or section three thousand twelve-d of this chapter  of
    51  either effective or highly effective in at least one of the four preced-
    52  ing  years,  exclusive  of any breaks in service, and did not receive an
    53  ineffective rating in the final year of his or her  probationary  period
    54  or  during  the most recent school year where a rating was received, and
    55  would have been in the superintendent of schools'  discretion  qualified
    56  for  appointment  on tenure based upon performance, notwithstanding that
        A. 7525                             9

     1  his or her annual professional performance review had not been completed
     2  and he or she had not received an annual professional performance rating
     3  for the two thousand nineteen--two thousand twenty, two  thousand  twen-
     4  ty--two thousand twenty-one or the two thousand twenty-one--two thousand
     5  twenty-two school year; provided that, in the case of a classroom teach-
     6  er or building principal appointed during the two thousand eighteen--two
     7  thousand  nineteen  or two thousand nineteen--two thousand twenty school
     8  year, who has not received  composite  annual  professional  performance
     9  review  ratings  pursuant  to section three thousand twelve-c or section
    10  three thousand twelve-d of this chapter for three consecutive years,  no
    11  ratings shall be required for the superintendent of schools to recommend
    12  for  appointment  on  tenure  such  teacher or building principal if the
    13  teacher or principal would have been, in the superintendent of  schools'
    14  discretion,  qualified for appointment on tenure based upon performance,
    15  notwithstanding that his or her annual professional  performance  review
    16  had not been completed and he or she had not received a composite annual
    17  professional  performance  review rating for the two thousand nineteen--
    18  two thousand twenty, two thousand twenty--two  thousand  twenty-one  and
    19  two  thousand twenty-one--two thousand twenty-two school years; provided
    20  that in the case of a classroom teacher or building principal  appointed
    21  during  the two thousand twenty-one--two thousand twenty-two school year
    22  who have  received  composite  annual  professional  performance  review
    23  ratings  pursuant  to  section  three thousand twelve-c or section three
    24  thousand twelve-d of this chapter of either effective or  highly  effec-
    25  tive  in  at  least  two  of  the four preceding years, exclusive of any
    26  breaks in service, and did not receive  an  ineffective  rating  in  the
    27  final  year  of his or her probationary period or during the most recent
    28  school year where a rating was received, and  would  have  been  in  the
    29  superintendent  of  schools'  discretion  qualified  for  appointment on
    30  tenure based upon performance, notwithstanding that his  or  her  annual
    31  professional performance review had not been completed and he or she had
    32  not received an annual professional performance rating for the two thou-
    33  sand  twenty--two  thousand  twenty-one  or two thousand twenty-one--two
    34  thousand twenty-two school year; provided further that,  notwithstanding
    35  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. 7525                            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 respec-
     9  tive positions during good behavior and efficient and competent service,
    10  and shall not be removable except for cause after a hearing as  provided
    11  by  section three thousand twenty-a [or section three thousand twenty-b]
    12  of this chapter. Failure to maintain certification as required  by  this
    13  chapter  and  the regulations of the commissioner shall constitute cause
    14  for removal.
    15    § 5. Section 3012 of the education law, as amended  by  section  4  of
    16  subpart  D of part EE of chapter 56 of the laws of 2015, subparagraph ii
    17  of paragraph (a) of subdivision 1 and paragraph (b) of subdivision 2  as
    18  amended by chapter 201 of the laws of 2022, and subparagraph ii of para-
    19  graph  (b)  of  subdivision  1  as amended by chapter 345 of the laws of
    20  2019, is amended to read as follows:
    21    § 3012. Tenure: certain school districts. 1. (a) i. Teachers  and  all
    22  other  members  of  the  teaching  staff  of school districts, including
    23  common school districts and/or school  districts  employing  fewer  than
    24  eight  teachers,  other  than  city  school districts, who are appointed
    25  prior to July first, two thousand fifteen, shall  be  appointed  by  the
    26  board of education, or the trustees of common school districts, upon the
    27  recommendation  of  the  superintendent  of  schools, for a probationary
    28  period of three years, except that in the case  of  a  teacher  who  has
    29  rendered  satisfactory  service  as a regular substitute for a period of
    30  two years or as a seasonally licensed per session teacher of swimming in
    31  day schools who has served in that capacity for a period  of  two  years
    32  and  has  been appointed to teach the same subject in day schools, on an
    33  annual salary, the probationary period shall be  limited  to  one  year;
    34  provided,  however, that in the case of a teacher who has been appointed
    35  on tenure in another  school  district  within  the  state,  the  school
    36  district where currently employed, or a board of cooperative educational
    37  services,  and  who  was  not dismissed from such district or board as a
    38  result of charges brought pursuant to subdivision one of  section  three
    39  thousand  twenty-a [or section three thousand twenty-b] of this article,
    40  the probationary period shall not exceed two years.  The  service  of  a
    41  person  appointed  to  any  of such positions may be discontinued at any
    42  time during such probationary  period,  on  the  recommendation  of  the
    43  superintendent  of schools, by a majority vote of the board of education
    44  or the trustees of a common school district.
    45    ii. Teachers and all other members of the  teaching  staff  of  school
    46  districts,  including  common  school  districts and/or school districts
    47  employing fewer than eight teachers, other than city  school  districts,
    48  who are appointed on or after July first, two thousand fifteen, shall be
    49  appointed  by  the  board of education, or the trustees of common school
    50  districts, upon the recommendation of the superintendent of schools, for
    51  a probationary period of four years, except that in the case of a teach-
    52  er who has rendered satisfactory service as a regular substitute  for  a
    53  period  of  up  to  two years [and, if a classroom teacher, has received
    54  annual professional performance review ratings in each of those  years,]
    55  or  such  teacher  has  rendered  satisfactory  service  as a seasonally
    56  licensed per session teacher of swimming in day schools who  has  served
        A. 7525                            11

     1  in  that capacity for a period of up to two years and has been appointed
     2  to teach the same subject in day  schools,  on  an  annual  salary,  the
     3  teacher shall be appointed for a probationary period of a minimum of two
     4  years,  depending upon the length of the regular substitute service that
     5  shall shorten the length of the probationary period; provided,  however,
     6  that in the case of a teacher who has been appointed on tenure in anoth-
     7  er school district within the state, the school district where currently
     8  employed,  or  a  board of cooperative educational services, and who was
     9  not dismissed from such district or board as a result of charges brought
    10  pursuant to subdivision one  of  section  three  thousand  twenty-a  [or
    11  section  three  thousand twenty-b] of this article, the teacher shall be
    12  appointed for a probationary period of three years[; provided  that,  in
    13  the case of a classroom teacher, the teacher demonstrates that he or she
    14  received  an  annual  professional performance review rating pursuant to
    15  section three thousand twelve-c or section three  thousand  twelve-d  of
    16  this  chapter  in  his or her final year of service in such other school
    17  district or board of cooperative educational services. Provided further,
    18  however, that in the case of a teacher who  has  been  appointed  for  a
    19  probationary  period  during the two thousand twenty--two thousand twen-
    20  ty-one, the two thousand twenty one--two thousand twenty-two or the  two
    21  thousand  twenty-two--two  thousand twenty-three school year and who has
    22  been appointed on tenure in another school district  within  the  state,
    23  the  school  district  where  currently  employed,  board of cooperative
    24  educational services or state school for the blind or deaf and  who  was
    25  not dismissed from such district, board or state school for the blind or
    26  deaf  as  a  result  of  charges  brought pursuant to subdivision one of
    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 three years; provided that, in the case of a classroom teacher,  such
    30  teacher  demonstrates  that  he  or  she received an annual professional
    31  performance review rating pursuant to section three thousand twelve-c or
    32  section three thousand twelve-d of this  article  in  the  two  thousand
    33  seventeen--two  thousand eighteen or two thousand eighteen--two thousand
    34  nineteen school year in such other school district, board of cooperative
    35  educational services or state school for the blind or deaf]. The service
    36  of a person appointed to any of such positions may  be  discontinued  at
    37  any  time  during such probationary period, on the recommendation of the
    38  superintendent of schools, by a majority vote of the board of  education
    39  or the trustees of a common school district.
    40    (b)  i.  Principals, administrators, supervisors and all other members
    41  of the supervising staff of school districts,  including  common  school
    42  districts  and/or  school districts employing fewer than eight teachers,
    43  other than city school districts, who are appointed prior to July first,
    44  two thousand fifteen, shall be appointed by the board of  education,  or
    45  the trustees of a common school district, upon the recommendation of the
    46  superintendent  of schools for a probationary period of three years. The
    47  service of a person appointed to any of such positions may be discontin-
    48  ued at any time during the probationary period on the recommendation  of
    49  the superintendent of schools, by a majority vote of the board of educa-
    50  tion or the trustees of a common school district.
    51    ii.  Principals,  administrators, supervisors and all other members of
    52  the supervising staff  of  school  districts,  including  common  school
    53  districts  and/or  school districts employing fewer than eight teachers,
    54  other than city school districts, who are appointed  on  or  after  July
    55  first,  two  thousand fifteen, shall be appointed by the board of educa-
    56  tion, or the trustees of a common school district, upon the  recommenda-
        A. 7525                            12

     1  tion  of the superintendent of schools for a probationary period of four
     2  years; provided, however, that in the case of a  principal,  administra-
     3  tor,  supervisor,  or other member of the supervising staff who has been
     4  appointed  on tenure pursuant to this chapter as an administrator within
     5  an authorized administrative tenure  area  in  another  school  district
     6  within  the  state,  the  school district where currently employed, or a
     7  board of cooperative educational services, and  who  was  not  dismissed
     8  from  such  district or board as a result of charges brought pursuant to
     9  subdivision one of section three thousand  twenty-a  [or  section  three
    10  thousand twenty-b] of this article, the principal, administrator, super-
    11  visor  or other member of the supervising staff shall be appointed for a
    12  probationary period of three years. The service of a person appointed to
    13  any of such positions may be discontinued at any time during the  proba-
    14  tionary  period  on the recommendation of the superintendent of schools,
    15  by a majority vote of the board of education or the trustees of a common
    16  school district.
    17    (c) Any person previously appointed to tenure or a probationary period
    18  pursuant to the provisions of former section three thousand thirteen  of
    19  this article shall continue to hold such position and be governed by the
    20  provisions  of  this  section  notwithstanding any contrary provision of
    21  law.
    22    2. (a) At  the  expiration  of  the  probationary  term  of  a  person
    23  appointed  for  such  term  prior  to  July first, two thousand fifteen,
    24  subject to the conditions of this section, the superintendent of schools
    25  shall make a written report to the board of education or the trustees of
    26  a common school district recommending for appointment  on  tenure  those
    27  persons  who have been found competent, efficient and satisfactory. Such
    28  persons, and all others employed in the teaching service of the  schools
    29  of such union free school district, common school district and/or school
    30  district employing fewer than eight teachers, who have served the proba-
    31  tionary  period as provided in this section, shall hold their respective
    32  positions during good behavior and efficient and competent service,  and
    33  shall  not  be  removed  except for any of the following causes, after a
    34  hearing, as provided by section  three  thousand  twenty-a  [or  section
    35  three  thousand  twenty-b]  of  this article: [(a)] (i) insubordination,
    36  immoral character or conduct unbecoming a teacher;  [(b)]  (ii)  ineffi-
    37  ciency, incompetency, physical or mental disability, or neglect of duty;
    38  [(c)]  (iii) failure to maintain certification as required by this chap-
    39  ter and by the regulations of the commissioner. Each person who  is  not
    40  to be recommended for appointment on tenure, shall be so notified by the
    41  superintendent  of  schools  in  writing not later than sixty days imme-
    42  diately preceding the expiration of his probationary period.
    43    (b) At the expiration of the probationary term of a  person  appointed
    44  for  such  term on or after July first, two thousand fifteen, subject to
    45  the conditions of this section, the superintendent of schools shall make
    46  a written report to the board of education or the trustees of  a  common
    47  school district recommending for appointment on tenure those persons who
    48  have  been found competent, efficient and satisfactory [and, in the case
    49  of a classroom teacher or building principal, who have received  compos-
    50  ite  annual  professional performance review ratings pursuant to section
    51  three thousand twelve-c or section three thousand twelve-d of this arti-
    52  cle, of either effective or highly effective in at least  three  of  the
    53  four  preceding years, exclusive of any breaks in service; provided that
    54  in the case of a  classroom  teacher  or  building  principal  appointed
    55  during the two thousand seventeen--two thousand eighteen or two thousand
    56  twenty--two thousand twenty-one school year, who have received composite
        A. 7525                            13

     1  annual professional performance review ratings pursuant to section three
     2  thousand twelve-c or section three thousand twelve-d of this article, of
     3  either effective or highly effective in at least one of the four preced-
     4  ing  years,  exclusive  of any breaks in service, and did not receive an
     5  ineffective rating in the final year of his or her probationary  period,
     6  or  during  the most recent school year where a rating was received, and
     7  would have been in the superintendent of schools'  discretion  qualified
     8  for  appointment  on tenure based upon performance, notwithstanding that
     9  his or her annual professional performance review had not been completed
    10  and he or she had not received an annual professional performance rating
    11  for the two thousand nineteen--two thousand twenty, two  thousand  twen-
    12  ty--two thousand twenty-one or the two thousand twenty-one--two thousand
    13  twenty-two school year; provided that, in the case of a classroom teach-
    14  er or building principal appointed during the two thousand eighteen--two
    15  thousand  nineteen  or two thousand nineteen--two thousand twenty school
    16  year, who has not received  composite  annual  professional  performance
    17  review  ratings  pursuant  to section three thousand twelve-c or section
    18  three thousand twelve-d of this article for three consecutive years,  no
    19  ratings shall be required for the superintendent of schools to recommend
    20  for  appointment  on  tenure  such  teacher or building principal if the
    21  teacher or principal would have been, in the superintendent of  schools'
    22  discretion,  qualified for appointment on tenure based upon performance,
    23  notwithstanding that his or her annual professional  performance  review
    24  had  not been completed and he or she had not received an annual profes-
    25  sional performance review rating  for  the  two  thousand  nineteen--two
    26  thousand  twenty,  two  thousand twenty--two thousand twenty-one and two
    27  thousand twenty-one--two thousand twenty-two school years; provided that
    28  in the case of a  classroom  teacher  or  building  principal  appointed
    29  during  the two thousand twenty-one--two thousand twenty-two school year
    30  who have  received  composite  annual  professional  performance  review
    31  ratings  pursuant  to  section  three thousand twelve-c or section three
    32  thousand twelve-d of this article of either effective or  highly  effec-
    33  tive  in  at  least  two  of  the four preceding years, exclusive of any
    34  breaks in service, and did not receive  an  ineffective  rating  in  the
    35  final  year of his or her probationary period, or during the most recent
    36  school year where a rating was received, and  would  have  been  in  the
    37  superintendent  of  schools'  discretion  qualified  for  appointment on
    38  tenure based upon performance, notwithstanding that his  or  her  annual
    39  professional performance review had not been completed and he or she had
    40  not received an annual professional performance rating for the two thou-
    41  sand  twenty--two  thousand  twenty-one  or two thousand twenty-one--two
    42  thousand twenty-two school year; provided further that,  notwithstanding
    43  any  other  provision of this section to the contrary, when a teacher or
    44  principal receives an effective or highly effective rating in each  year
    45  of his or her probationary service except he or she receives an ineffec-
    46  tive  rating  in  the final year of his or her probationary period, such
    47  teacher shall not be eligible for tenure but the board of education,  in
    48  its  discretion,  may  extend  the  teacher's probationary period for an
    49  additional year; provided, however, that if such  teacher  or  principal
    50  successfully appealed such ineffective rating, such teacher or principal
    51  shall  immediately  be  eligible for tenure if the rating resulting from
    52  the appeal established that such individual has been effective or highly
    53  effective in at least three of the preceding  four  years  and  was  not
    54  ineffective  in  the  final  year. At the expiration of the probationary
    55  period, the classroom teacher or  building  principal  shall  remain  in
    56  probationary  status  until  the  end  of  the school year in which such
        A. 7525                            14

     1  teacher or principal has received such ratings of  effective  or  highly
     2  effective  for at least three of the four preceding school years, exclu-
     3  sive of any breaks in service, and subject to the terms  hereof,  during
     4  which  time the trustees or board of education shall consider whether to
     5  grant tenure for those classroom teachers  or  building  principals  who
     6  otherwise   have  been  found  competent,  efficient  and  satisfactory.
     7  Provided, however, that the trustees or board  of  education  may  grant
     8  tenure  contingent  upon  a  classroom teacher's or building principal's
     9  receipt of a minimum rating in the final year of the probationary  peri-
    10  od, pursuant to the requirements of this section, and if such contingen-
    11  cy is not met after all appeals have been exhausted, the grant of tenure
    12  shall  be void and unenforceable and the teacher's or principal's proba-
    13  tionary period may be extended in  accordance  with  this  subdivision].
    14  Such  persons  who  have  been  recommended  for  tenure  and all others
    15  employed in the teaching service of the schools of such school  district
    16  who  have  served  the  full probationary period as extended pursuant to
    17  this subdivision shall  hold  their  respective  positions  during  good
    18  behavior and efficient and competent service, and shall not be removable
    19  except  for  cause after a hearing as provided by section three thousand
    20  twenty-a [or section three thousand twenty-b] of this  article.  Failure
    21  to  maintain  certification  as  required  by this chapter and the regu-
    22  lations of the commissioner shall constitute cause for removal.
    23    3. Notwithstanding any other provision of this section  no  period  in
    24  any  school year for which there is no required service and/or for which
    25  no compensation is provided shall in any event  constitute  a  break  or
    26  suspension  of probationary period or continuity of tenure rights of any
    27  of the persons hereinabove described.
    28    § 6. Subdivisions 1, 11, and 17 of section  3012-d  of  the  education
    29  law, subdivisions 1 and 11 as added by section 2 of subpart E of part EE
    30  of  chapter  56  of  the  laws of 2015, and subdivision 17 as amended by
    31  chapter 201 of the laws of 2022, are amended to read as follows:
    32    1. General provisions. Notwithstanding any  other  provision  of  law,
    33  rule  or  regulation  to  the contrary, the annual teacher and principal
    34  evaluations (hereinafter, evaluations) implemented by districts shall be
    35  conducted in accordance with the provisions of this section. Such annual
    36  evaluations shall be  a  significant  factor  for  employment  decisions
    37  including  but  not  limited  to,  promotion, retention, tenure determi-
    38  nation, termination, and  supplemental  compensation.  Such  evaluations
    39  shall  also be a significant factor in teacher and principal development
    40  including but not limited to coaching, induction support, and  differen-
    41  tiated  professional  development;  provided,  however, that for the two
    42  thousand twenty-three--two thousand twenty-four school year  and  there-
    43  after  school  districts  and boards of cooperative educational services
    44  may conduct annual professional performance reviews pursuant to  section
    45  three  thousand twelve-e of this article and in such case the provisions
    46  of this section shall not be applicable.
    47    11. [Notwithstanding any inconsistent  provision  of  law,  no  school
    48  district  shall  be eligible for an apportionment of general support for
    49  public schools from the funds appropriated  for  the  2015--2016  school
    50  year and any year thereafter in excess of the amount apportioned to such
    51  school  district in the respective base year unless such school district
    52  has submitted documentation that has been approved by  the  commissioner
    53  by  November  fifteenth,  two thousand fifteen, or by September first of
    54  each subsequent year, demonstrating that it has  fully  implemented  the
    55  standards  and  procedures  for  conducting annual teacher and principal
    56  evaluations of teachers and principals in accordance with  the  require-
        A. 7525                            15

     1  ments  of  this  section and the regulations issued by the commissioner.
     2  Provided further  that  any  apportionment  withheld  pursuant  to  this
     3  section  shall  not  occur  prior to April first of the current year and
     4  shall  not  have  any effect on the base year calculation for use in the
     5  subsequent school year. For purposes of this section, "base year"  shall
     6  mean  the  base  year  as  defined  in paragraph b of subdivision one of
     7  section thirty-six hundred two of this chapter, and "current year" shall
     8  mean the current year as defined in paragraph a of  subdivision  one  of
     9  section  thirty-six  hundred  two of this chapter] The superintendent of
    10  each school district or board of cooperative  educational  services,  as
    11  applicable,  shall  certify  by  September first of each year that their
    12  school district or board of cooperative educational services has  annual
    13  professional  performance review plans for teachers and principals which
    14  are in compliance with the requirements of this section or with those of
    15  section three thousand twelve-e of this article and that the district or
    16  board of  cooperative  educational  services  conducted  evaluations  in
    17  accordance with those plans during the preceding school year.
    18    17.  Notwithstanding  any other provision of this section, for the two
    19  thousand twenty--two thousand twenty-one [and], the two  thousand  twen-
    20  ty-one--two  thousand  twenty-two,  and the two thousand twenty-two--two
    21  thousand twenty-three school years, no school district or board of coop-
    22  erative educational services shall be required  to  complete  an  annual
    23  teacher and principal evaluation required by this section for any class-
    24  room teacher or building principal [and state funding shall not be with-
    25  held from any school district for not complying with the requirements of
    26  this section].
    27    §  7.  The  education law is amended by adding a new section 3012-e to
    28  read as follows:
    29    § 3012-e. Optional system of annual  professional  performance  review
    30  plans.  1.  Notwithstanding  any  other provision of law, rule, or regu-
    31  lation to the contrary, for the annual professional performance  reviews
    32  related  to  the  two  thousand  twenty-three--two  thousand twenty-four
    33  school year and thereafter any school district or board  of  cooperative
    34  educational  services  may  conduct  the annual professional performance
    35  review of teachers and  building  principals  employed  by  such  school
    36  district or board of cooperative educational services in accordance with
    37  the  provisions  of  this  section.  Performance  review plans developed
    38  pursuant to this section shall be the result of reaching a  collectively
    39  bargained agreement negotiated and approved pursuant to article fourteen
    40  of  the  civil  service  law  where  a  recognized employee organization
    41  exists.
    42    2. Nothing herein shall require modification of an  existing  approved
    43  annual  professional performance review plan and all annual professional
    44  performance plans approved pursuant to the provisions of  section  three
    45  thousand  twelve-d  of  this  article  shall  not  be  affected  by  the
    46  provisions herein unless a  school  district  or  board  of  cooperative
    47  educational  services notifies the state education department that a new
    48  plan has been negotiated, adopted, and is consistent with the provisions
    49  of this section. A plan may still be adopted pursuant to  section  three
    50  thousand twelve-d of this article consistent with the provisions of such
    51  section, and an existing plan adopted pursuant to such section may still
    52  be  modified.    The most recently collectively bargained plan developed
    53  pursuant to this section or approved pursuant to section three  thousand
    54  twelve-d of this article shall remain in effect until the district noti-
    55  fies  the state education department that a new plan has been negotiated
    56  and adopted.
        A. 7525                            16

     1    3. A district or board of cooperative educational services shall  make
     2  any  plan  adopted pursuant to this section available on the district or
     3  board of cooperative educational services  website;  provided,  however,
     4  that  a  school  district  or  board of cooperative educational services
     5  shall  not  disclose  or  release  to the public, or to any governmental
     6  entity, the quality ratings or effectiveness scores for any  teacher  or
     7  building  principal  resulting  from the annual professional performance
     8  reviews conducted pursuant to this section. Such prohibition shall apply
     9  to both a final composite rating/score and any subcomponent rating/score
    10  related thereto.  Provided further, however,  that  annual  professional
    11  performance  reviews  of individual teachers and principals shall not be
    12  subject  to disclosure pursuant to article six of  the  public  officers
    13  law.
    14    4. Annual professional performance review plans shall: (a) include the
    15  criteria  by  which all building principals and teaching personnel shall
    16  be reviewed and a description of the review procedures; (b) be  consist-
    17  ent  with  state  teaching and educational leadership standards; and (c)
    18  include, but not be limited to: (i) the number of observations; (ii) the
    19  frequency of observations; and (iii) provisions for a follow-up  meeting
    20  to  review the findings of the review. Nothing herein shall be construed
    21  to require that all teachers or  principals  have  the  same  number  or
    22  frequency  of  observations.  The  plans  shall  include  four composite
    23  ratings: one, two, three, and four.  A level one rating shall  designate
    24  the lowest attainable rating and a level four rating shall designate the
    25  highest  attainable  rating.    Each  plan shall also include teacher or
    26  principal improvement plans which shall be developed by the district  or
    27  board  of  cooperative educational services, as applicable, for teachers
    28  or principals with a composite rating of one or two.
    29    5. The district, or board  of  cooperative  educational  services,  as
    30  applicable, shall ensure that all affected personnel are acquainted with
    31  the  annual  professional  performance review plan and shall ensure that
    32  each teacher and building principal who is reviewed in  accordance  with
    33  this  section  has  the  opportunity to provide written comment on their
    34  performance review.
    35    6. Nothing in this section shall be construed to affect the unfettered
    36  statutory right of  a  district  or  board  of  cooperative  educational
    37  services,  as  applicable,  to  terminate  a  probationary (non-tenured)
    38  teacher   or   principal   for any    statutorily  and  constitutionally
    39  permissible reasons.
    40    7.  The superintendent of each school district or board of cooperative
    41  educational services, as applicable, shall certify by September first of
    42  each year that their school district or board of cooperative educational
    43  services has annual professional performance review plans  for  teachers
    44  and for principals which are in compliance with the requirements of this
    45  section or with those of section three thousand twelve-d of this article
    46  and  that  the  district  or  board  of cooperative educational services
    47  conducted evaluations in accordance with such plans during the preceding
    48  school year.
    49    § 8. Section 3014 of the education law, as amended  by  section  5  of
    50  subpart D of part EE of chapter 56 of the laws of 2015, paragraph (b) of
    51  subdivision  1  and paragraph (b) of subdivision 2 as amended by chapter
    52  201 of the laws of 2022, is amended to read as follows:
    53    § 3014. Tenure: boards of cooperative  educational  services.  1.  (a)
    54  Administrative  assistants,  supervisors, teachers and all other members
    55  of the teaching and supervising staff of the board of cooperative educa-
    56  tional services appointed prior to July  first,  two  thousand  fifteen,
        A. 7525                            17

     1  shall be appointed by a majority vote of the board of cooperative educa-
     2  tional  services  upon the recommendation of the district superintendent
     3  of schools for a probationary period  of  not  to  exceed  three  years;
     4  provided,  however, that in the case of a teacher who has been appointed
     5  on tenure in a school district within the state, the  board  of  cooper-
     6  ative educational services where currently employed, or another board of
     7  cooperative  educational  services,  and who was not dismissed from such
     8  district or board as a result of charges brought pursuant to subdivision
     9  one of section three thousand twenty-a [or section three thousand  twen-
    10  ty-b]  of  this  article,  the  probationary period shall not exceed two
    11  years. Services of a person so appointed to any such  positions  may  be
    12  discontinued  at  any  time  during  such  probationary period, upon the
    13  recommendation of the district superintendent, by a majority vote of the
    14  board of cooperative educational services.
    15    (b) Administrative assistants, supervisors,  teachers  and  all  other
    16  members  of  the  teaching and supervising staff of the board of cooper-
    17  ative educational services appointed on or after July first,  two  thou-
    18  sand  fifteen,  shall  be  appointed  by a majority vote of the board of
    19  cooperative educational services upon the recommendation of the district
    20  superintendent of schools for a probationary period  of  not  to  exceed
    21  four  years;  provided,  however,  that in the case of a teacher who has
    22  been appointed on tenure in a school  district  within  the  state,  the
    23  board  of  cooperative educational services where currently employed, or
    24  another board of cooperative  educational  services,  and  who  was  not
    25  dismissed  from  such  district  or board as a result of charges brought
    26  pursuant to section three thousand twenty-a [or section  three  thousand
    27  twenty-b]  of  this article, the teacher shall be appointed for a proba-
    28  tionary period of three years; [provided that, in the case of  a  class-
    29  room teacher, the teacher demonstrates that he or she received a compos-
    30  ite  annual  professional  performance review rating pursuant to section
    31  three thousand twelve-c or three thousand twelve-d of  this  article  of
    32  either effective or highly effective in his or her final year of service
    33  in  such  other  school  district  or  board  of cooperative educational
    34  services;] and provided further that in the case of a principal,  admin-
    35  istrator,  supervisor,  or other member of the supervising staff who has
    36  been appointed on tenure pursuant to this chapter  as  an  administrator
    37  within  an  authorized  administrative  tenure  area  in  another school
    38  district within the state, the school district where currently employed,
    39  or a  board  of  cooperative  educational  services,  and  who  was  not
    40  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 article, the principal, admin-
    43  istrator, supervisor, or other member of the supervising staff shall  be
    44  appointed  for  a probationary period of three years. [Provided further,
    45  however, that in the case of a classroom teacher who has been  appointed
    46  for  a  probationary period during the two thousand twenty--two thousand
    47  twenty-one, the two thousand twenty-one--two thousand twenty-two or  the
    48  two  thousand  twenty-two--two thousand twenty-three school year and who
    49  has been appointed on tenure in a  school  district  within  the  state,
    50  state school for the blind or deaf, the board of cooperative educational
    51  services  where  currently  employed,  or  another  board of cooperative
    52  educational services, and who was  not  dismissed  from  such  district,
    53  board  or  state  school  for  the  blind or deaf as a result of charges
    54  brought pursuant to section three thousand  twenty-a  or  section  three
    55  thousand twenty-b of this article, such teacher shall be appointed for a
    56  probationary  period  of  three  years;  provided that, in the case of a
        A. 7525                            18

     1  classroom teacher, such teacher demonstrates that he or she received  an
     2  annual  professional performance review rating pursuant to section three
     3  thousand twelve-c or section three thousand twelve-d of this article  of
     4  either  effective or highly effective in the two thousand seventeen--two
     5  thousand eighteen or two thousand eighteen--two thousand nineteen school
     6  year in such other school district, state school for the blind  or  deaf
     7  or  board  of cooperative educational services.] Services of a person so
     8  appointed to any such positions to which this paragraph applies  may  be
     9  discontinued at any time during the probationary period, upon the recom-
    10  mendation  of  the  district  superintendent,  by a majority vote of the
    11  board of cooperative educational services.
    12    2. (a) On or before the expiration  of  the  probationary  term  of  a
    13  person  appointed  for  such  term  prior  to  July  first, two thousand
    14  fifteen, the district superintendent of schools  shall  make  a  written
    15  report to the board of cooperative educational services recommending for
    16  appointment  on  tenure persons who have been found competent, efficient
    17  and satisfactory. Such persons shall  hold  their  respective  positions
    18  during  good  behavior and competent and efficient service and shall not
    19  be removed except for any of the following causes, after a  hearing,  as
    20  provided  by  section three thousand twenty-a [or section three thousand
    21  twenty-b] of this article: (i)  Insubordination,  immoral  character  or
    22  conduct  unbecoming  a  teacher;  (ii)  Inefficiency,  incompetency,  or
    23  neglect of duty; (iii) Failure to maintain certification as required  by
    24  this chapter and by the regulations of the commissioner. Each person who
    25  is  not to be so recommended for appointment on tenure shall be so noti-
    26  fied in writing by the district superintendent not later than sixty days
    27  immediately preceding the expiration of his or her probationary period.
    28    (b) On or before the expiration of the probationary term of  a  person
    29  appointed  for  such  term on or after July first, two thousand fifteen,
    30  the district superintendent of schools shall make a  written  report  to
    31  the  board of cooperative educational services recommending for appoint-
    32  ment on tenure persons who have  been  found  competent,  efficient  and
    33  satisfactory  [and, in the case of a classroom teacher or building prin-
    34  cipal, who  have  received  composite  annual  professional  performance
    35  review  ratings  pursuant  to section three thousand twelve-c or section
    36  three thousand twelve-d of this article, of either effective  or  highly
    37  effective  in  at  least three of the four preceding years, exclusive of
    38  any breaks in service; provided that, in the case of a classroom teacher
    39  or building principal appointed during the two  thousand  seventeen--two
    40  thousand eighteen or two thousand twenty--two thousand twenty-one school
    41  year  who have received composite annual professional performance review
    42  ratings pursuant to section three thousand  twelve-c  or  section  three
    43  thousand  twelve-d  of this article of either effective or highly effec-
    44  tive in at least one of the  four  preceding  years,  exclusive  of  any
    45  breaks  in  service,  and  did  not receive an ineffective rating in the
    46  final year of his or her probationary  period  or  in  the  most  recent
    47  school  year  where  a  rating  was received, and would have been in the
    48  district superintendent of schools' discretion qualified for appointment
    49  on tenure based upon performance, notwithstanding that his or her annual
    50  professional performance review had not been completed and he or she had
    51  not received an annual professional performance rating for the two thou-
    52  sand nineteen--two thousand twenty, two  thousand  twenty--two  thousand
    53  twenty-one  or  the  two  thousand  twenty-one--two  thousand twenty-two
    54  school year; provided that, in the case of a classroom teacher or build-
    55  ing principal appointed during the two thousand  eighteen--two  thousand
    56  nineteen  or two thousand nineteen--two thousand twenty school year, who
        A. 7525                            19

     1  has  not  received  composite  annual  professional  performance  review
     2  ratings  pursuant  to  section  three thousand twelve-c or section three
     3  thousand twelve-d of  this  article  for  three  consecutive  years,  no
     4  ratings  shall be required for the district superintendent of schools to
     5  recommend for appointment on tenure such teacher or  building  principal
     6  if the teacher or principal would have been, in the district superinten-
     7  dent  of  schools' discretion, qualified for appointment on tenure based
     8  upon performance, notwithstanding that his or  her  annual  professional
     9  performance review had not been completed and he or she had not received
    10  an  annual  professional  performance review rating for the two thousand
    11  nineteen--two thousand twenty, two thousand twenty--two  thousand  twen-
    12  ty-one  and  two  thousand  twenty-one--two  thousand  twenty-two school
    13  years; provided that in the case of  a  classroom  teacher  or  building
    14  principal  appointed  during  the  two thousand twenty-one--two thousand
    15  twenty-two school year who have received composite  annual  professional
    16  performance  review  ratings pursuant to section three thousand twelve-c
    17  or section three thousand twelve-d of this article of  either  effective
    18  or  highly effective in at least two of the four preceding years, exclu-
    19  sive of any breaks in service, and did not receive an ineffective rating
    20  in the final year of his or her probationary period, or during the  most
    21  recent  school  year where a rating was received, and would have been in
    22  the  district  superintendent  of  schools'  discretion  qualified   for
    23  appointment  on  tenure based upon performance, notwithstanding that his
    24  or her annual professional performance review had not been completed and
    25  he or she had not received an annual professional performance rating for
    26  the two thousand twenty--two thousand twenty-one or two  thousand  twen-
    27  ty-one--two  thousand  twenty-two  school  year;  provided further that,
    28  notwithstanding any other provision of this  section  to  the  contrary,
    29  when  a  teacher  or principal receives an effective or highly effective
    30  rating in each year of his or her probationary service except he or  she
    31  receives  an  ineffective  rating in the final year of his or her proba-
    32  tionary period, such teacher shall not be eligible for  tenure  but  the
    33  board  of  education  in its discretion, may extend the teacher's proba-
    34  tionary period for an additional year; provided, however  that  if  such
    35  teacher or principal successfully appealed such ineffective rating, such
    36  teacher  or  principal  shall  immediately be eligible for tenure if the
    37  rating resulting from the appeal established that  such  individual  has
    38  been  effective  or  highly effective in at least three of the preceding
    39  four years and was not ineffective in the final year. At the  expiration
    40  of  the probationary period, the classroom teacher or building principal
    41  shall remain in probationary status until the end of the school year  in
    42  which  such  teacher or principal has received such ratings of effective
    43  or highly effective for at least three  of  the  four  preceding  school
    44  years,  exclusive of any breaks in service, during which time a board of
    45  cooperative educational services shall consider whether to grant  tenure
    46  for  those  classroom teachers or building principals who otherwise have
    47  been found competent, efficient  and  satisfactory.  Provided,  however,
    48  that  the  board  of  cooperative  educational services may grant tenure
    49  contingent upon a classroom teacher's or building principal's receipt of
    50  a minimum rating in the final year of the probationary period,  pursuant
    51  to  the requirements of this section, and if such contingency is not met
    52  after all appeals have been exhausted, the grant of tenure shall be void
    53  and unenforceable and the teacher's or principal's  probationary  period
    54  may be extended in accordance with this subdivision]. Such persons shall
    55  hold  their  respective positions during good behavior and competent and
    56  efficient service and shall not be removed except for any of the follow-
        A. 7525                            20

     1  ing causes, after a hearing, as provided by section three thousand twen-
     2  ty-a [or section three thousand twenty-b] of this article: (i)  Insubor-
     3  dination,  immoral  character  or  conduct  unbecoming  a  teacher; (ii)
     4  Inefficiency,  incompetency,  or neglect of duty; (iii) Failure to main-
     5  tain certification as required by this chapter and by the regulations of
     6  the commissioner. Each person who  is  not  to  be  so  recommended  for
     7  appointment  on  tenure  shall be so notified in writing by the district
     8  superintendent not later than sixty days immediately preceding the expi-
     9  ration of his or her probationary period.
    10    § 9. Section 3020 of the education law, as amended by chapter  691  of
    11  the laws of 1994, subdivision 1 as amended by chapter 103 of the laws of
    12  2010,  subdivision  3  and  paragraph  a  of subdivision 4 as amended by
    13  section 2 of subpart G of part EE of chapter 56 of the laws of 2015, and
    14  subdivision 4 as added by section 1 of part J of chapter 93 of the  laws
    15  of 2002, is amended to read as follows:
    16    § 3020. Discipline of  teachers. 1. No person enjoying the benefits of
    17  tenure shall be disciplined or  removed  during  a  term  of  employment
    18  except for just cause and in accordance with the procedures specified in
    19  section  three  thousand  twenty-a of this article or in accordance with
    20  alternate disciplinary procedures contained in a  collective  bargaining
    21  agreement  covering  his  or her terms and conditions of employment that
    22  was effective on or before September first, nineteen hundred ninety-four
    23  and has been unaltered by renegotiation, or in accordance with  alterna-
    24  tive disciplinary procedures contained in a collective bargaining agree-
    25  ment covering his or her terms and conditions of employment that becomes
    26  effective  on  or  after  September first, nineteen hundred ninety-four;
    27  provided, however,  that  any  such  alternate  disciplinary  procedures
    28  contained in a collective bargaining agreement that becomes effective on
    29  or after September first, nineteen hundred ninety-four, must provide for
    30  the  written election by the employee of either the procedures specified
    31  in such section [three thousand twenty-a] or the  alternative  discipli-
    32  nary  procedures  contained  in  the collective bargaining agreement and
    33  must result in a disposition  of  the  disciplinary  charge  within  the
    34  amount of time allowed therefor under such section [three thousand twen-
    35  ty-a;  and  provided  further that any alternate disciplinary procedures
    36  contained in a collective bargaining agreement that becomes effective on
    37  or after July first, two thousand ten shall  provide  for  an  expedited
    38  hearing  process  before  a  single  hearing  officer in accordance with
    39  subparagraph (i-a) of paragraph c of subdivision three of section  three
    40  thousand  twenty-a of this article in cases in which charges of incompe-
    41  tence are brought based solely upon an allegation of a pattern of  inef-
    42  fective  teaching  or  performance  as defined in section three thousand
    43  twelve-c of this article and shall provide that such a pattern of  inef-
    44  fective  teaching  or  performance  shall  constitute  very  significant
    45  evidence of incompetence  which  may  form  the  basis  for  just  cause
    46  removal].
    47    2.  No person enjoying the benefits of tenure shall be suspended for a
    48  fixed time without pay or dismissed due to a violation of article  thir-
    49  teen-E of the public health law.
    50    3.  Notwithstanding  any inconsistent provision of law, the procedures
    51  set forth in section three thousand twenty-a of this article and  subdi-
    52  vision seven of section twenty-five hundred ninety-j of this chapter may
    53  be modified or replaced by agreements negotiated between the city school
    54  district  of  the city of New York and any employee organization repres-
    55  enting employees or titles that are or were covered by any memorandum of
    56  agreement executed by such city  school  district  and  the  council  of
        A. 7525                            21

     1  supervisors  and  administrators  of  the  city  of New York on or after
     2  December first, nineteen hundred ninety-nine. Where such procedures  are
     3  so  modified  or  replaced:  (i)  compliance  with  such modification or
     4  replacement  procedures shall satisfy any provision in this chapter that
     5  requires  compliance  with  section  three  thousand  twenty-a  of  this
     6  article,  (ii)  any  employee  against  whom charges have been preferred
     7  prior to the effective date of such modification  or  replacement  shall
     8  continue to be subject to the provisions of such section as in effect on
     9  the  date  such charges were preferred, (iii) the provisions of subdivi-
    10  sions one and two of this section shall not apply to agreements  negoti-
    11  ated pursuant to this subdivision, and (iv) in accordance with paragraph
    12  (e)  of  subdivision  one  of  section  two  hundred nine-a of the civil
    13  service law, such modification or replacement procedures contained in an
    14  agreement negotiated pursuant to  this  subdivision  shall  continue  as
    15  terms  of  such  agreement after its expiration until a new agreement is
    16  negotiated[;  provided  that  any  alternate   disciplinary   procedures
    17  contained in a collective bargaining agreement that becomes effective on
    18  or  after  July  first,  two thousand ten shall provide for an expedited
    19  hearing process before a  single  hearing  officer  in  accordance  with
    20  subparagraph  (i-a) of paragraph c of subdivision three of section three
    21  thousand twenty-a of this article in cases in which charges of  incompe-
    22  tence  are  brought  against  a  building principal based solely upon an
    23  allegation of a  pattern  of  ineffective  teaching  or  performance  as
    24  defined  in  section  three  thousand twelve-c of this article and shall
    25  provide that such a pattern of ineffective teaching or performance shall
    26  constitute very significant evidence of incompetence which may form  the
    27  basis  for  just  cause  removal  of the building principal and provided
    28  further that  any  alternate  disciplinary  procedures  contained  in  a
    29  collective  bargaining agreement that becomes effective on or after July
    30  first, two thousand fifteen shall provide that all hearings pursuant  to
    31  sections  three  thousand  twenty-a  or  three thousand twenty-b of this
    32  article shall be conducted before a single hearing officer and that  two
    33  consecutive ineffective ratings pursuant to annual professional perform-
    34  ance  reviews  conducted  in  accordance  with the provisions of section
    35  three thousand twelve-c or three thousand twelve-d of this article shall
    36  constitute prima facie evidence of incompetence that can only  be  over-
    37  come  by clear and convincing evidence that the employee is not incompe-
    38  tent in light of all surrounding circumstances, and if not  successfully
    39  overcome, the finding, absent extraordinary circumstances, shall be just
    40  cause for removal, and that three consecutive ineffective ratings pursu-
    41  ant  to  annual professional performance reviews conducted in accordance
    42  with the provisions of section three thousand twelve-c or three thousand
    43  twelve-d of this article shall constitute prima facie evidence of incom-
    44  petence that can only be overcome by clear and convincing evidence  that
    45  the  calculation of one or more of the principal's underlying components
    46  on the annual professional performance reviews pursuant to section three
    47  thousand twelve-c or three thousand twelve-d of this article was fraudu-
    48  lent, and if not successfully overcome,  the  finding,  absent  extraor-
    49  dinary  circumstances,  shall be just cause for removal. For purposes of
    50  this subdivision, fraud shall include mistaken identity].  Notwithstand-
    51  ing any inconsistent provision of law, the commissioner shall review any
    52  appeals authorized by such modification or replacement procedures within
    53  fifteen  days  from  receipt by such commissioner of the record of prior
    54  proceedings in the matter subject to  appeal.  Such  review  shall  have
    55  preference  over  all  other  appeals or proceedings pending before such
    56  commissioner.
        A. 7525                            22

     1    4. a. Notwithstanding any inconsistent provision of  law,  the  proce-
     2  dures  set  forth in section three thousand twenty-a of this article and
     3  subdivision seven of section twenty-five hundred ninety-j of this  chap-
     4  ter  may  be  modified  by agreements negotiated between the city school
     5  district  of  the city of New York and any employee organization repres-
     6  enting employees or titles that are or were covered by any memorandum of
     7  agreement executed by such city school district and  the  united  feder-
     8  ation  of teachers on or after June tenth, two thousand two.  Where such
     9  procedures are so modified: (i) compliance with such modified procedures
    10  shall satisfy any provision of this  chapter  that  requires  compliance
    11  with  section three thousand twenty-a of this article; (ii) any employee
    12  against whom charges have been preferred prior to the effective date  of
    13  such modification shall continue to be subject to the provisions of such
    14  section  as in effect on the date such charges were preferred; (iii) the
    15  provisions of subdivisions one and two of this section shall  not  apply
    16  to  agreements  negotiated  pursuant to this subdivision, except that no
    17  person enjoying the benefits of tenure shall be disciplined  or  removed
    18  during  a  term of employment except for just cause; and (iv) in accord-
    19  ance with paragraph (e) of subdivision one of section two hundred nine-a
    20  of the civil service law,  such  modified  procedures  contained  in  an
    21  agreement  negotiated  pursuant  to  this  subdivision shall continue as
    22  terms of such agreement after its expiration until a  new  agreement  is
    23  negotiated[; and provided further that any alternate disciplinary proce-
    24  dures contained in a collective bargaining agreement that becomes effec-
    25  tive on or after July first, two thousand ten shall provide for an expe-
    26  dited hearing process before a single hearing officer in accordance with
    27  subparagraph  (i-a) of paragraph c of subdivision three of section three
    28  thousand twenty-a of this article in cases in which charges of  incompe-
    29  tence  are brought based solely upon an allegation of a pattern of inef-
    30  fective teaching or performance as defined  in  section  three  thousand
    31  twelve-c  of this article and shall provide that such a pattern of inef-
    32  fective  teaching  or  performance  shall  constitute  very  significant
    33  evidence  of  incompetence  which  may  form  the  basis  for just cause
    34  removal, and provided further that any alternate disciplinary procedures
    35  contained in a collective bargaining agreement that becomes effective on
    36  or after July first, two thousand fifteen shall provide that  all  hear-
    37  ings  pursuant  to  sections  three  thousand twenty-a or three thousand
    38  twenty-b of this article shall be  conducted  before  a  single  hearing
    39  officer  and that two consecutive ineffective ratings pursuant to annual
    40  professional  performance  reviews  conducted  in  accordance  with  the
    41  provisions of section three thousand twelve-c or three thousand twelve-d
    42  of  this  article  shall constitute prima facie evidence of incompetence
    43  that can only be overcome by clear  and  convincing  evidence  that  the
    44  employee  is  not incompetent in light of all surrounding circumstances,
    45  and if not successfully  overcome,  the  finding,  absent  extraordinary
    46  circumstances,  shall  be just cause for removal, and that three consec-
    47  utive ineffective ratings pursuant to  annual  professional  performance
    48  reviews  conducted  in  accordance  with the provisions of section three
    49  thousand twelve-c or three  thousand  twelve-d  of  this  article  shall
    50  constitute  prima  facie evidence of incompetence that can only be over-
    51  come by clear and convincing evidence that the  calculation  of  one  or
    52  more  of  the teacher's underlying components on the annual professional
    53  performance reviews pursuant to section three thousand twelve-c or three
    54  thousand twelve-d of this article was fraudulent, and if not successful-
    55  ly overcome, the finding, absent extraordinary circumstances,  shall  be
        A. 7525                            23

     1  just  cause  for  removal.  For  purposes of this paragraph, fraud shall
     2  include mistaken identity].
     3    b.  Any  modifications  to  the  procedures set forth in section three
     4  thousand twenty-a of this article and subdivision seven of section twen-
     5  ty-five hundred ninety-j of this chapter shall not change the manner  in
     6  which  the  fees and expenses of such proceedings pursuant to the afore-
     7  said sections are paid.
     8    § 10.  Section 3020-b of the education law is REPEALED.
     9    § 11. This act shall take effect immediately.