STATE OF NEW YORK ________________________________________________________________________ 5576--B Cal. No. 618 2021-2022 Regular Sessions IN SENATE March 11, 2021 ___________ Introduced by Sens. MAYER, JORDAN, MARTUCCI, TEDISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the education law, in relation to the granting of tenure The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b) of subdivision 2 of section 3012 of the 2 education law, as added by section 4 of subpart D of part EE of chapter 3 56 of the laws of 2015, is amended to read as follows: 4 (b) At the expiration of the probationary term of a person appointed 5 for such term on or after July first, two thousand fifteen, subject to 6 the conditions of this section, the superintendent of schools shall make 7 a written report to the board of education or the trustees of a common 8 school district recommending for appointment on tenure those persons who 9 have been found competent, efficient and satisfactory and, in the case 10 of a classroom teacher or building principal, who have received compos- 11 ite annual professional performance review ratings pursuant to section 12 three thousand twelve-c or section three thousand twelve-d of this arti- 13 cle, of either effective or highly effective in at least three of the 14 four preceding years, exclusive of any breaks in service; provided that, 15 notwithstanding any other provision of this section to the contrary, 16 when a teacher or principal receives an effective or highly effective 17 rating in each year of his or her probationary service except he or she 18 receives an ineffective rating in the final year of his or her proba- 19 tionary period, such teacher shall not be eligible for tenure but the 20 board of education, in its discretion, may extend the teacher's proba- 21 tionary period for an additional year; provided, however, that if such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09855-09-1S. 5576--B 2 1 teacher or principal successfully appealed such ineffective rating, such 2 teacher or principal shall immediately be eligible for tenure if the 3 rating resulting from the appeal established that such individual has 4 been effective or highly effective in at least three of the preceding 5 four years and was not ineffective in the final year. At the expiration 6 of the probationary period, the classroom teacher or building principal 7 shall remain in probationary status until the end of the school year in 8 which such teacher or principal has received such ratings of effective 9 or highly effective for at least three of the four preceding school 10 years, exclusive of any breaks in service, and subject to the terms 11 hereof, during which time the trustees or board of education shall 12 consider whether to grant tenure for those classroom teachers or build- 13 ing principals who otherwise have been found competent, efficient and 14 satisfactory. Provided, however, that the trustees or board of education 15 may grant tenure contingent upon a classroom teacher's or building prin- 16 cipal's receipt of a minimum rating in the final year of the probation- 17 ary period, pursuant to the requirements of this section, and if such 18 contingency is not met after all appeals have been exhausted, the grant 19 of tenure shall be void and unenforceable and the teacher's or princi- 20 pal's probationary period may be extended in accordance with this subdi- 21 vision. Such persons who have been recommended for tenure and all others 22 employed in the teaching service of the schools of such school district 23 who have served the full probationary period as extended pursuant to 24 this subdivision shall hold their respective positions during good 25 behavior and efficient and competent service, and shall not be removable 26 except for cause after a hearing as provided by section three thousand 27 twenty-a or section three thousand twenty-b of this article. Failure to 28 maintain certification as required by this chapter and the regulations 29 of the commissioner shall constitute cause for removal. Provided that, 30 at the expiration of the probationary term of a classroom teacher or 31 building principal described herein who was appointed during the two 32 thousand seventeen--two thousand eighteen, two thousand eighteen--two 33 thousand nineteen and two thousand nineteen--two thousand twenty school 34 years, such individual shall be eligible for tenure if he or she 35 received composite annual professional performance review ratings pursu- 36 ant to section three thousand twelve-c or section three thousand 37 twelve-d of this article, of either effective or highly effective in at 38 least one of the four preceding years and did not receive an ineffective 39 rating in the final year of his or her probationary period, or during 40 the most recent school year where a rating was received. Any probation- 41 ary classroom teacher hired during the two thousand twenty--two thousand 42 twenty-one school year who was appointed on tenure in another school 43 district within the state, the school district where currently employed, 44 board of cooperative educational services or state school for the blind 45 or deaf and who was not dismissed from such district, board or state 46 school for the blind or deaf 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 article, shall be appointed for a probationary 49 period of three years; provided that, in the case of a classroom teacher 50 such individual demonstrates that he or she received an annual profes- 51 sional performance review rating pursuant to section three thousand 52 twelve-c or section three thousand twelve-d of this article in the two 53 thousand seventeen--two thousand eighteen or two thousand eighteen--two 54 thousand nineteen school year. Any probationary classroom teachers or 55 building principals described herein who were appointed during the two 56 thousand twenty--two thousand twenty-one school year shall be eligibleS. 5576--B 3 1 for tenure at the expiration of his or her probationary period if he or 2 she received composite annual professional performance review ratings 3 pursuant to section three thousand twelve-c or section three thousand 4 twelve-d of this article of either effective or highly effective in at 5 least two of the four preceding years and did not receive an ineffective 6 rating in the final year of his or her probationary period, or during 7 the most recent school year where a rating was received. 8 § 2. Section 3012-d of the education law is amended by adding a new 9 subdivision 17 to read as follows: 10 17. Notwithstanding any other provision of this section, for the two 11 thousand twenty--two thousand twenty-one school year, no school district 12 or board of cooperative educational services shall complete an annual 13 professional performance review required by this section for any class- 14 room teacher or building principal and state funding shall not be with- 15 held from any school district for not completing the annual professional 16 performance review. 17 § 3. Paragraph (b) of subdivision 2 of section 3014 of the education 18 law, as added by section 5 of subpart D of part EE of chapter 56 of the 19 laws of 2015, is amended to read as follows: 20 (b) On or before the expiration of the probationary term of a person 21 appointed for such term on or after July first, two thousand fifteen, 22 the district superintendent of schools shall make a written report to 23 the board of cooperative educational services recommending for appoint- 24 ment on tenure persons who have been found competent, efficient and 25 satisfactory and, in the case of a classroom teacher or building princi- 26 pal, who have received composite annual professional performance review 27 ratings pursuant to section three thousand twelve-c or section three 28 thousand twelve-d of this article, of either effective or highly effec- 29 tive in at least three of the four preceding years, exclusive of any 30 breaks in service; provided that, notwithstanding any other provision of 31 this section to the contrary, when a teacher or principal receives an 32 effective or highly effective rating in each year of his or her proba- 33 tionary service except he or she receives an ineffective rating in the 34 final year of his or her probationary period, such teacher shall not be 35 eligible for tenure but the board of education in its discretion, may 36 extend the teacher's probationary period for an additional year; 37 provided, however that if such teacher or principal successfully 38 appealed such ineffective rating, such teacher or principal shall imme- 39 diately be eligible for tenure if the rating resulting from the appeal 40 established that such individual has been effective or highly effective 41 in at least three of the preceding four years and was not ineffective in 42 the final year. At the expiration of the probationary period, the class- 43 room teacher or building principal shall remain in probationary status 44 until the end of the school year in which such teacher or principal has 45 received such ratings of effective or highly effective for at least 46 three of the four preceding school years, exclusive of any breaks in 47 service, during which time a board of cooperative educational services 48 shall consider whether to grant tenure for those classroom teachers or 49 building principals who otherwise have been found competent, efficient 50 and satisfactory. Provided, however, that the board of cooperative 51 educational services may grant tenure contingent upon a classroom teach- 52 er's or building principal's receipt of a minimum rating in the final 53 year of the probationary period, pursuant to the requirements of this 54 section, and if such contingency is not met after all appeals have been 55 exhausted, the grant of tenure shall be void and unenforceable and the 56 teacher's or principal's probationary period may be extended in accord-S. 5576--B 4 1 ance with this subdivision. Such persons shall hold their respective 2 positions during good behavior and competent and efficient service and 3 shall not be removed except for any of the following causes, after a 4 hearing, as provided by section three thousand twenty-a or section three 5 thousand twenty-b of this article: (i) Insubordination, immoral charac- 6 ter or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or 7 neglect of duty; (iii) Failure to maintain certification as required by 8 this chapter and by the regulations of the commissioner. Each person who 9 is not to be so recommended for appointment on tenure shall be so noti- 10 fied in writing by the district superintendent not later than sixty days 11 immediately preceding the expiration of his or her probationary period. 12 Provided that, at the expiration of the probationary term of a classroom 13 teacher or building principal described herein who was appointed during 14 the two thousand seventeen--two thousand eighteen, two thousand eigh- 15 teen--two thousand nineteen and two thousand nineteen--two thousand 16 twenty school years, such individual shall be eligible for tenure if he 17 or she received composite annual professional performance review ratings 18 pursuant to section three thousand twelve-c or section three thousand 19 twelve-d of this article of either effective or highly effective in at 20 least one of the four preceding years and did not receive an ineffective 21 rating in the final year of his or her probationary period or during the 22 most recent school year where a rating was received. Any probationary 23 classroom teacher, hired during the two thousand twenty--two thousand 24 twenty-one school year who was appointed on tenure in another school 25 district within the state, the school district where currently employed, 26 board of cooperative educational services or state school for the blind 27 or deaf and who was not dismissed from such district, board or state 28 school for the blind or deaf as a result of charges brought pursuant to 29 subdivision one of section three thousand twenty-a or section three 30 thousand twenty-b of this article, such teacher, shall be appointed for 31 a probationary period of three years; provided that, in the case of a 32 classroom teacher such individual demonstrates that he or she received 33 an annual professional performance review rating pursuant to section 34 three thousand twelve-c or section three thousand twelve-d of this arti- 35 cle in the two thousand seventeen--two thousand eighteen or two thousand 36 eighteen--two thousand nineteen school year. Any probationary classroom 37 teachers or building principals described herein who were appointed 38 during the two thousand twenty--two thousand twenty-one school year 39 shall be eligible for tenure at the expiration of his or her probation- 40 ary period if he or she received composite annual professional perform- 41 ance review ratings pursuant to section three thousand twelve-c or 42 section three thousand twelve-d of this article of either effective or 43 highly effective in at least two of the four preceding years and did not 44 receive an ineffective rating in the final year of his or her probation- 45 ary period, or during the most recent school year where a rating was 46 received. 47 § 4. Paragraph b of subdivision 2 of section 2509 of the education 48 law, as added by section 2 of subpart D of part EE of chapter 56 of the 49 laws of 2015, is amended to read as follows: 50 b. For persons appointed on or after July first, two thousand fifteen, 51 at the expiration of the probationary term of any persons appointed for 52 such term, or within six months prior thereto, the superintendent of 53 schools shall make a written report to the board of education recommend- 54 ing for appointment on tenure those persons who have been found compe- 55 tent, efficient and satisfactory and in the case of a classroom teacher 56 or building principal, who have received annual professional performanceS. 5576--B 5 1 review ratings pursuant to section three thousand twelve-c or section 2 three thousand twelve-d of this chapter, of either effective or highly 3 effective in at least three of the four preceding years, exclusive of 4 any breaks in service; provided that, notwithstanding any other 5 provision of this section to the contrary, when a teacher or principal 6 receives an effective or highly effective rating in each year of his or 7 her probationary service except he or she receives an ineffective rating 8 in the final year of his or her probationary period, such teacher or 9 principal shall not be eligible for tenure but the board of education in 10 its discretion, may extend the teacher's probationary period for an 11 additional year; provided, however, that if such teacher or principal 12 successfully appealed such ineffective rating, such teacher or principal 13 shall immediately be eligible for tenure if the rating resulting from 14 the appeal established that such individual has been effective or highly 15 effective in at least three of the preceding four years and was not 16 ineffective in the final year. By a majority vote, the board of educa- 17 tion may then appoint on tenure any or all of the persons recommended by 18 the superintendent of schools. At the expiration of the probationary 19 period, the classroom teacher or building principal shall remain in 20 probationary status until the end of the school year in which such 21 teacher or principal has received such ratings of effective or highly 22 effective for at least three of the four preceding school years exclu- 23 sive of any breaks in service and subject to the terms hereof, during 24 which time a board of education shall consider whether to grant tenure 25 for those classroom teachers or building principals who otherwise have 26 been found competent, efficient and satisfactory. Provided, however, 27 that the board of education may grant tenure contingent upon a classroom 28 teacher's or building principal's receipt of a minimum rating in the 29 final year of the probationary period, pursuant to the requirements of 30 this section, and if such contingency is not met after all appeals have 31 been exhausted, the grant of tenure shall be void and unenforceable and 32 the teacher's or principal's probationary period may be extended in 33 accordance with this subdivision. Such persons who have been recommended 34 for tenure and all others employed in the teaching service of the 35 schools of such school district who have served the full probationary 36 period as extended pursuant to this subdivision shall hold their respec- 37 tive positions during good behavior and efficient and competent service, 38 and shall not be removable except for cause after a hearing as provided 39 by section three thousand twenty-a or section three thousand twenty-b of 40 this chapter. Failure to maintain certification as required by this 41 chapter and the regulations of the commissioner shall constitute cause 42 for removal. Provided that, at the expiration of the probationary term 43 of a classroom teacher or building principal described herein who was 44 appointed during the two thousand seventeen--two thousand eighteen, two 45 thousand eighteen--two thousand nineteen and two thousand nineteen--two 46 thousand twenty school years, such individual shall be eligible for 47 tenure if he or she received composite annual professional performance 48 review ratings pursuant to section three thousand twelve-c or section 49 three thousand twelve-d of this chapter of either effective or highly 50 effective in at least one of the four preceding years and did not 51 receive an ineffective rating in the final year of his or her probation- 52 ary period or during the most recent school year where a rating was 53 received. Any probationary classroom teacher hired during the two thou- 54 sand twenty--two thousand twenty-one school year who was appointed on 55 tenure in another school district within the state, the school district 56 where currently employed, board of cooperative educational services orS. 5576--B 6 1 state school for the blind or deaf and who was not dismissed from such 2 district, board or state school for the blind or deaf as a result of 3 charges brought pursuant to subdivision one of section three thousand 4 twenty-a or section three thousand twenty-b of this chapter, such teach- 5 er, shall be appointed for a probationary period of three years; 6 provided that, in the case of a classroom teacher such individual demon- 7 strates that he or she received an annual professional performance 8 review rating pursuant to section three thousand twelve-c or section 9 three thousand twelve-d of this chapter in the two thousand seventeen-- 10 two thousand eighteen or two thousand eighteen--two thousand nineteen 11 school year. Any probationary classroom teachers or building principals 12 described herein who were appointed during the two thousand twenty--two 13 thousand twenty-one school year shall be eligible for tenure at the 14 expiration of his or her probationary period if they have received 15 composite annual professional performance review ratings pursuant to 16 section three thousand twelve-c or section three thousand twelve-d of 17 this chapter of either effective or highly effective in at least two of 18 the four preceding years and did not receive an ineffective rating in 19 the final year of his or her probationary period, or during the most 20 recent school year where a rating was received. 21 § 5. Subparagraph ii of paragraph (a) of subdivision 1 of section 2573 22 of the education law, as amended by section 3 of subpart D of part EE of 23 chapter 56 of the laws of 2015, is amended to read as follows: 24 ii. Teachers and all other members of the teaching staff appointed on 25 or after July first, two thousand fifteen and authorized by section 26 twenty-five hundred fifty-four of this article, shall be appointed by 27 the board of education, upon the recommendation of the superintendent of 28 schools, for a probationary period of four years, except that in the 29 case of a teacher who has rendered satisfactory service as a regular 30 substitute for a period of two years and, if a classroom teacher, has 31 received annual professional performance review ratings in each of those 32 years, or has rendered satisfactory service as a seasonally licensed per 33 session teacher of swimming in day schools who has served in that capac- 34 ity for a period of two years and has been appointed to teach the same 35 subject in day schools on an annual salary, the teacher shall be 36 appointed for a probationary period of two years; provided, however, 37 that in the case of a teacher who has been appointed on tenure in anoth- 38 er school district within the state, the school district where currently 39 employed, or a board of cooperative educational services, and who was 40 not dismissed from such district or board as a result of charges brought 41 pursuant to subdivision one of section three thousand twenty-a or 42 section three thousand twenty-b of this chapter, the teacher shall be 43 appointed for a probationary period of three years; provided that, in 44 the case of a classroom teacher, the teacher demonstrates that he or she 45 received an annual professional performance review rating pursuant to 46 section three thousand twelve-c or section three thousand twelve-d of 47 this chapter in his or her final year of service in such other school 48 district or board of cooperative educational services; provided, howev- 49 er, that in cities with a population of one million or more, a teacher 50 appointed under a newly created license, for teachers of reading and of 51 the emotionally handicapped, to a position which the teacher has held 52 for at least two years prior to such appointment while serving on tenure 53 in another license area who was not dismissed as a result of charges 54 brought pursuant to subdivision one of section three thousand twenty-a 55 or section three thousand twenty-b of this chapter, the teacher shall be 56 appointed for a probationary period of two years. The service of aS. 5576--B 7 1 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 all city school districts subject to the 8 provisions of this article, failure to maintain certification as 9 required by this article and by the regulations of the commissioner 10 shall be cause for removal within the meaning of subdivision five of 11 this section. Provided that, at the expiration of the probationary term 12 of a classroom teacher described herein who was appointed during the two 13 thousand seventeen--two thousand eighteen, two thousand eighteen--two 14 thousand nineteen and two thousand nineteen--two thousand twenty school 15 years, such individual shall be eligible for tenure if he or she 16 received composite annual professional performance review ratings pursu- 17 ant to section three thousand twelve-c or section three thousand 18 twelve-d of this chapter of either effective or highly effective in at 19 least one of the four preceding years and did not receive an ineffective 20 rating in the final year of his or her probationary period or during the 21 most recent school year where a rating was received. Any probationary 22 classroom teacher hired during the two thousand twenty--two thousand 23 twenty-one school year who was appointed on tenure in another school 24 district within the state, the school district where currently employed, 25 board of cooperative educational services or state school for the blind 26 or deaf and who was not dismissed from such district, board or state 27 school for the blind or deaf as a result of charges brought pursuant to 28 subdivision one of section three thousand twenty-a or section three 29 thousand twenty-b of this chapter, such teacher shall be appointed for a 30 probationary period of three years; provided that, in the case of a 31 classroom teacher such individual demonstrates that he or she received 32 an annual professional performance review rating pursuant to section 33 three thousand twelve-c or section three thousand twelve-d of this chap- 34 ter in the two thousand seventeen--two thousand eighteen or two thousand 35 eighteen--two thousand nineteen school year. Any probationary classroom 36 teachers described herein who were appointed during the two thousand 37 twenty--two thousand twenty-one school year shall be eligible for tenure 38 at the expiration of his or her probationary period if they have 39 received composite annual professional performance review ratings pursu- 40 ant to section three thousand twelve-c or section three thousand 41 twelve-d of this chapter of either effective or highly effective in at 42 least two of the four preceding years and did not receive an ineffective 43 rating in the final year of his or her probationary period, or during 44 the most recent school year where a rating was received. 45 § 6. Subparagraph ii of paragraph (b) of subdivision 1 of section 46 2573 of the education law, as amended by chapter 345 of the laws of 47 2019, is amended to read as follows: 48 ii. Administrators, directors, supervisors, principals and all other 49 members of the supervising staff, except executive directors, associate, 50 assistant, district and community superintendents and examiners, 51 appointed on or after July first, two thousand fifteen and authorized by 52 section twenty-five hundred fifty-four of this article, shall be 53 appointed by the board of education, upon the recommendation of the 54 superintendent or chancellor of schools, for a probationary period of 55 four years provided that such probationary period may be extended in 56 accordance with paragraph (b) of subdivision five of this section;S. 5576--B 8 1 provided, however, that in the case of a principal, administrator, 2 supervisor, or other member of the supervising staff who has been 3 appointed on tenure pursuant to this chapter as an administrator within 4 an authorized administrative tenure area in another school district 5 within the state, the school district where currently employed, or a 6 board of cooperative educational services, and who was not dismissed 7 from such district or board as a result of charges brought pursuant to 8 subdivision one of section three thousand twenty-a or section three 9 thousand twenty-b of this chapter, the principal, administrator, super- 10 visor or other member of the supervising staff shall be appointed for a 11 probationary period of three years. The service of a person appointed to 12 any of such positions may be discontinued at any time during the proba- 13 tionary period on the recommendation of the superintendent of schools, 14 by a majority vote of the board of education. Provided that, at the 15 expiration of the probationary term of a building principal described 16 herein who was appointed during the two thousand seventeen--two thousand 17 eighteen, two thousand eighteen--two thousand nineteen and two thousand 18 nineteen--two thousand twenty school years, such individual shall be 19 eligible for tenure if he or she received composite annual professional 20 performance review ratings pursuant to section three thousand twelve-c 21 or section three thousand twelve-d of this chapter of either effective 22 or highly effective in at least one of the four preceding years and did 23 not receive an ineffective rating in the final year of his or her proba- 24 tionary period or during the most recent school year where a rating was 25 received. Any probationary building principals described herein who were 26 appointed during the two thousand twenty--two thousand twenty-one school 27 year shall be eligible for tenure at the expiration of his or her proba- 28 tionary period if they have received composite annual professional 29 performance review ratings pursuant to section three thousand twelve-c 30 or section three thousand twelve-d of this chapter of either effective 31 or highly effective in at least two of the four preceding years and did 32 not receive an ineffective rating in the final year of his or her proba- 33 tionary period, or during the most recent school year where a rating was 34 received. 35 § 7. This act shall take effect immediately.