Bill Text: NY A08346 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the probationary period for certain tenured employees in school districts; makes such probationary period last for 3 years rather than 4 years.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-10-04 - SIGNED CHAP.345 [A08346 Detail]
Download: New_York-2019-A08346-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8346 2019-2020 Regular Sessions IN ASSEMBLY June 15, 2019 ___________ 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 the probationary peri- od for certain tenured employees in school districts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph ii of paragraph (b) of subdivision 1 of 2 section 2509 of the education law, as amended by section 1 of subpart D 3 of part EE of chapter 56 of the laws of 2015, is amended to read as 4 follows: 5 ii. Notwithstanding any other provision of law or regulation to the 6 contrary, administrators, directors, supervisors, principals and all 7 other members of the supervising staff, except associate, assistant and 8 other superintendents, appointed on or after July first, two thousand 9 fifteen and authorized by section twenty-five hundred three of this 10 article, shall be appointed by the board of education, upon the recom- 11 mendation of the superintendent of schools for a probationary period of 12 four years; provided, however, that in the case of a principal, adminis- 13 trator, supervisor, or other member of the supervising staff who has 14 been appointed on tenure pursuant to this chapter as an administrator 15 within an authorized administrative tenure area in another school 16 district within the state, the school district where currently employed, 17 or a board of cooperative educational services, and who was not 18 dismissed from such district or board as a result of charges brought 19 pursuant to subdivision one of section three thousand twenty-a or 20 section three thousand twenty-b of this chapter, the principal, adminis- 21 trator, supervisor or other member of the supervising staff shall be 22 appointed for a probationary period of three years. The service of a 23 person appointed to any of such positions may be discontinued at any 24 time during the probationary period on the recommendation of the super- 25 intendent of schools, by a majority vote of the board of education. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10116-03-9A. 8346 2 1 § 2. Subparagraph ii of paragraph (b) of subdivision 1 of section 2573 2 of the education law, as amended by section 3 of subpart D of part EE of 3 chapter 56 of the laws of 2015, is amended to read as follows: 4 ii. Administrators, directors, supervisors, principals and all other 5 members of the supervising staff, except executive directors, associate, 6 assistant, district and community superintendents and examiners, 7 appointed on or after July first, two thousand fifteen and authorized by 8 section twenty-five hundred fifty-four of this article, shall be 9 appointed by the board of education, upon the recommendation of the 10 superintendent or chancellor of schools, for a probationary period of 11 four years provided that such probationary period may be extended in 12 accordance with paragraph (b) of subdivision five of this section; 13 provided, however, that in the case of a principal, administrator, 14 supervisor, or other member of the supervising staff who has been 15 appointed on tenure pursuant to this chapter as an administrator within 16 an authorized administrative tenure area in another school district 17 within the state, the school district where currently employed, or a 18 board of cooperative educational services, and who was not dismissed 19 from such district or board as a result of charges brought pursuant to 20 subdivision one of section three thousand twenty-a or section three 21 thousand twenty-b of this chapter, the principal, administrator, super- 22 visor or other member of the supervising staff shall be appointed for a 23 probationary period of three years. The service of a person appointed 24 to any of such positions may be discontinued at any time during the 25 probationary period on the recommendation of the superintendent of 26 schools, by a majority vote of the board of education. 27 § 3. Subparagraph ii of paragraph (b) of subdivision 1 of section 3012 28 of the education law, as amended by section 4 of subpart D of part EE of 29 chapter 56 of the laws of 2015, is amended to read as follows: 30 ii. Principals, administrators, supervisors and all other members of 31 the supervising staff of school districts, including common school 32 districts and/or school districts employing fewer than eight teachers, 33 other than city school districts, who are appointed on or after July 34 first, two thousand fifteen, shall be appointed by the board of educa- 35 tion, or the trustees of a common school district, upon the recommenda- 36 tion of the superintendent of schools for a probationary period of four 37 years; provided, however, that in the case of a principal, administra- 38 tor, supervisor, or other member of the supervising staff who has been 39 appointed on tenure pursuant to this chapter as an administrator within 40 an authorized administrative tenure area in another school district 41 within the state, the school district where currently employed, or a 42 board of cooperative educational services, and who was not dismissed 43 from such district or board as a result of charges brought pursuant to 44 subdivision one of section three thousand twenty-a or section three 45 thousand twenty-b of this article, the principal, administrator, super- 46 visor or other member of the supervising staff shall be appointed for a 47 probationary period of three years. The service of a person appointed 48 to any of such positions may be discontinued at any time during the 49 probationary period on the recommendation of the superintendent of 50 schools, by a majority vote of the board of education or the trustees of 51 a common school district. 52 § 4. Paragraph (b) of subdivision 1 of section 3014 of the education 53 law, as added by section 5 of subpart D of part EE of chapter 56 of the 54 laws of 2015, is amended to read as follows: 55 (b) Administrative assistants, supervisors, teachers and all other 56 members of the teaching and supervising staff of the board of cooper-A. 8346 3 1 ative educational services appointed on or after July first, two thou- 2 sand fifteen, shall be appointed by a majority vote of the board of 3 cooperative educational services upon the recommendation of the district 4 superintendent of schools for a probationary period of not to exceed 5 four years; provided, however, that in the case of a teacher who has 6 been appointed on tenure in a school district within the state, the 7 board of cooperative educational services where currently employed, or 8 another board of cooperative educational services, and who was not 9 dismissed from such district or board as a result of charges brought 10 pursuant to section three thousand twenty-a or section three thousand 11 twenty-b of this article, the teacher shall be appointed for a proba- 12 tionary period of three years; provided that, in the case of a classroom 13 teacher, the teacher demonstrates that he or she received a composite 14 annual professional performance review rating pursuant to section three 15 thousand twelve-c or three thousand twelve-d of this [chapter] article 16 of either effective or highly effective in his or her final year of 17 service in such other school district or board of cooperative educa- 18 tional services; and provided further that in the case of a principal, 19 administrator, supervisor, or other member of the supervising staff who 20 has been appointed on tenure pursuant to this chapter as an administra- 21 tor within an authorized administrative tenure area in another school 22 district within the state, the school district where currently employed, 23 or a board of cooperative educational services, and who was not 24 dismissed from such district or board as a result of charges brought 25 pursuant to subdivision one of section three thousand twenty-a or 26 section three thousand twenty-b of this article, the principal, adminis- 27 trator, supervisor, or other member of the supervising staff shall be 28 appointed for a probationary period of three years. Services of a 29 person so appointed to any such positions to which this paragraph 30 applies may be discontinued at any time during [such] the probationary 31 period, upon the recommendation of the district superintendent, by a 32 majority vote of the board of cooperative educational services. 33 § 5. This act shall take effect June 1, 2020 and shall apply only to 34 individuals beginning their probationary periods on or after such date.
