Bill Text: NY S09054 | 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 5-3)

Status: (Introduced) 2024-05-15 - SUBSTITUTED BY A9849 [S09054 Detail]

Download: New_York-2023-S09054-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9054

                    IN SENATE

                                     April 12, 2024
                                       ___________

        Introduced  by  Sens.  MAYER, MANNION -- read twice and ordered printed,
          and when printed to be committed 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
    24  each of those years], or such teacher has rendered satisfactory  service
    25  as  a seasonally licensed per session teacher of swimming in day schools
    26  who has served in that capacity for a period of up to two years and  has

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15037-04-4
        S. 9054                             2

     1  been  appointed  to  teach  the same subject in day schools on an annual
     2  salary, the teacher shall be appointed for a probationary  period  of  a
     3  minimum  of  two years, depending upon the length of the regular substi-
     4  tute  service  that shall shorten the length of the probationary period;
     5  provided, however, that in the case of a teacher who has been  appointed
     6  on  tenure  in  another  school  district  within  the state, the school
     7  district where currently employed, or a board of cooperative educational
     8  services, and who was not dismissed from such district  or  board  as  a
     9  result  of  charges brought pursuant to subdivision one of section three
    10  thousand twenty-a [or section three thousand twenty-b] of this  chapter,
    11  the  teacher  shall  be  appointed  for  a  probationary period of three
    12  years[; provided that the teacher demonstrates that he or  she  received
    13  an  annual  professional  performance  review rating pursuant to section
    14  three thousand twelve-c or section three thousand twelve-d of this chap-
    15  ter in his or her final year of service in such other school district or
    16  board of cooperative educational services.  Provided  further,  however,
    17  that  in the case of a teacher who has been appointed for a probationary
    18  period during the two thousand twenty--two thousand twenty-one, the  two
    19  thousand  twenty-one--two  thousand twenty-two or the two thousand twen-
    20  ty-two--two thousand twenty-three school year and who has been appointed
    21  on tenure in another  school  district  within  the  state,  the  school
    22  district  where  currently  employed,  board  of cooperative educational
    23  services or state school for the blind or deaf and who was not dismissed
    24  from such district, board or state school for the blind  or  deaf  as  a
    25  result  of  charges brought pursuant to subdivision one of section three
    26  thousand twenty-a or section three thousand twenty-b  of  this  chapter,
    27  such  teacher  shall  be  appointed  for  a probationary period of three
    28  years; provided that, in the case of a classroom teacher,  such  teacher
    29  demonstrates  that he or she received an annual professional performance
    30  review rating pursuant to section three  thousand  twelve-c  or  section
    31  three  thousand twelve-d of this chapter in the two thousand seventeen--
    32  two thousand eighteen or two thousand  eighteen--two  thousand  nineteen
    33  school  year  in such other school district, board of cooperative educa-
    34  tional services or state school for the blind or deaf]. The service of a
    35  person appointed to any of such positions may  be  discontinued  at  any
    36  time  during  such  probationary  period,  on  the recommendation of the
    37  superintendent of schools, by a majority vote of the board of education.
    38  Each person who is not to be recommended for appointment on tenure shall
    39  be so notified by the superintendent of schools  in  writing  not  later
    40  than  sixty  days immediately preceding the expiration of [his/her] such
    41  person's probationary period.
    42    b. For persons appointed on or after July first, two thousand fifteen,
    43  at the expiration of the probationary term of any persons appointed  for
    44  such  term,  or  within  six months prior thereto, the superintendent of
    45  schools shall make a written report to the board of education recommend-
    46  ing for appointment on tenure those persons who have been  found  compe-
    47  tent, efficient and satisfactory [and in the case of a classroom teacher
    48  or building principal, who have received annual professional performance
    49  review  ratings  pursuant  to section three thousand twelve-c or section
    50  three thousand twelve-d of this chapter, of either effective  or  highly
    51  effective  in  at  least three of the four preceding years, exclusive of
    52  any breaks in service; provided that, in the case of a classroom teacher
    53  or building principal appointed during the two  thousand  seventeen--two
    54  thousand  eighteen  or  the two thousand twenty--two thousand twenty-one
    55  school year, who have received composite annual professional performance
    56  review ratings pursuant to section three thousand  twelve-c  or  section
        S. 9054                             3

     1  three  thousand  twelve-d of this chapter, of either effective or highly
     2  effective in at least one of the four preceding years, exclusive of  any
     3  breaks  in  service,  and  did  not receive an ineffective rating in the
     4  final  year of his or her probationary period, or during the most recent
     5  school year where a rating was received, and  would  have  been  in  the
     6  superintendent  of  schools'  discretion  qualified  for  appointment on
     7  tenure based upon performance, notwithstanding that his  or  her  annual
     8  professional performance review had not been completed and he or she had
     9  not received an annual professional performance rating for the two thou-
    10  sand  nineteen--two  thousand  twenty, two thousand twenty--two thousand
    11  twenty-one or  the  two  thousand  twenty-one--two  thousand  twenty-two
    12  school year; provided that, in the case of a classroom teacher or build-
    13  ing  principal  appointed during the two thousand eighteen--two thousand
    14  nineteen or two thousand nineteen--two thousand twenty school year,  who
    15  has  not  received  composite  annual  professional  performance  review
    16  ratings pursuant to section three thousand  twelve-c  or  section  three
    17  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 or highly effective rating in each year
    44  of his or her probationary service except he or she receives an ineffec-
    45  tive rating in the final year of his or her  probationary  period,  such
    46  teacher  or  principal shall not be eligible for tenure but the board of
    47  education in its discretion, may extend the teacher's probationary peri-
    48  od for an additional year; provided, however, that if  such  teacher  or
    49  principal successfully appealed such ineffective rating, such teacher or
    50  principal shall immediately be eligible for tenure if the rating result-
    51  ing  from the appeal established that such individual has been effective
    52  or highly effective in at least three of the preceding  four  years  and
    53  was not ineffective in the final year]. By a majority vote, the board of
    54  education  may  then  appoint on tenure any or all of the persons recom-
    55  mended by the superintendent of  schools.  [At  the  expiration  of  the
    56  probationary  period,  the classroom teacher or building principal shall
        S. 9054                             4

     1  remain in probationary status until the end of the school year in  which
     2  such  teacher  or  principal  has  received such ratings of effective or
     3  highly effective for at least three of the four preceding  school  years
     4  exclusive  of  any  breaks  in  service and subject to the terms hereof,
     5  during which time a board of education shall consider whether  to  grant
     6  tenure for those classroom teachers or building principals who otherwise
     7  have  been found competent, efficient and satisfactory. Provided, howev-
     8  er, that the board of education  may  grant  tenure  contingent  upon  a
     9  classroom  teacher's or building principal's receipt of a minimum rating
    10  in the final year of the probationary period, pursuant to  the  require-
    11  ments  of  this  section,  and  if such contingency is not met after all
    12  appeals have been exhausted, the grant of tenure shall be void and unen-
    13  forceable and the teacher's or principal's probationary  period  may  be
    14  extended in accordance with this subdivision. Such persons who have been
    15  recommended  for  tenure and all others employed in the teaching service
    16  of the schools of such school district who have served the  full  proba-
    17  tionary  period as extended pursuant to this subdivision] Any person who
    18  has acquired tenure shall, upon such  person's  effective  tenure  date,
    19  hold  their  [respective  positions]  position  during good behavior and
    20  efficient and competent service, and shall not be removable  except  for
    21  cause  after  a hearing as provided by section three thousand twenty and
    22  section three thousand twenty-a [or section three thousand twenty-b]  of
    23  this  chapter.  Failure  to  maintain  certification as required by this
    24  chapter and the regulations of the commissioner shall  constitute  cause
    25  for removal.
    26    §  3.  Subparagraphs  i  and  ii  of paragraph (a) of subdivision 1 of
    27  section 2573 of the education law, subparagraph i as amended by  section
    28  3 of subpart D of part EE of chapter 56 of the laws of 2015, and subpar-
    29  agraph  ii as amended by chapter 201 of the laws of 2022, are amended to
    30  read as follows:
    31    i. Teachers and all other members of  the  teaching  staff,  appointed
    32  prior  to  July  first,  two  thousand fifteen and authorized by section
    33  twenty-five hundred fifty-four of this article, shall  be  appointed  by
    34  the board of education, upon the recommendation of the superintendent of
    35  schools,  for  a  probationary period of three years, except that in the
    36  case of a teacher who has rendered satisfactory  service  as  a  regular
    37  substitute  for  a  period  of two years or as a seasonally licensed per
    38  session teacher of swimming in day schools who has served in that capac-
    39  ity for a period of two years and has been appointed to teach  the  same
    40  subject  in  day  schools  on  an annual salary, the probationary period
    41  shall be limited to one year; provided, however, that in the case  of  a
    42  teacher  who  has  been  appointed  on tenure in another school district
    43  within the state, the school district where  currently  employed,  or  a
    44  board  of  cooperative  educational  services, and who was not dismissed
    45  from such district or board as a result of charges brought  pursuant  to
    46  subdivision  one  of  section  three thousand twenty-a [or section three
    47  thousand twenty-b] of this chapter, the probationary  period  shall  not
    48  exceed two years; provided, however, that in cities with a population of
    49  one  million or more, a teacher appointed under a newly created license,
    50  for teachers of reading and of the emotionally handicapped, to  a  posi-
    51  tion  which  the  teacher  has held for at least two years prior to such
    52  appointment while serving on tenure in another license area who was  not
    53  dismissed  as a result of charges brought pursuant to subdivision one of
    54  section three thousand twenty-a [or section three thousand twenty-b]  of
    55  this  chapter, the probationary period shall be one year. The service of
    56  a person appointed to any of such positions may be discontinued  at  any
        S. 9054                             5

     1  time  during  such  probationary  period,  on  the recommendation of the
     2  superintendent of schools, by a majority vote of the board of education.
     3  Each person who is not to be recommended for appointment on tenure shall
     4  be  so  notified  by  the superintendent of schools in writing not later
     5  than sixty days immediately preceding the expiration  of  [his  or  her]
     6  such  person's  probationary period.   In city school districts having a
     7  population of four hundred  thousand  or  more,  persons  with  licenses
     8  obtained  as  a result of examinations announced subsequent to the twen-
     9  ty-second day of May, nineteen hundred sixty-nine appointed upon  condi-
    10  tions  that  all  announced  requirements  for the position be fulfilled
    11  within a specified period of time, shall not acquire tenure  unless  and
    12  until  such  requirements  have been completed within the time specified
    13  for the fulfillment of such requirements, notwithstanding the expiration
    14  of any probationary period. In all other city school  districts  subject
    15  to  the provisions of this article, failure to maintain certification as
    16  required by this article and by  the  regulations  of  the  commissioner
    17  shall  be  cause  for  removal within the meaning of subdivision five of
    18  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
        S. 9054                             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  such  person's probationary period. In all city school districts subject
    23  to the 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
        S. 9054                             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
        S. 9054                             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]. Any person who has acquired tenure shall, upon
    16  such person's effective tenure date, hold their  [respective  positions]
    17  position  during  good behavior and efficient and competent service, and
    18  shall not be removable except for cause after a hearing as  provided  by
    19  section  three  thousand  twenty and section three thousand twenty-a [or
    20  section three thousand twenty-b] of this chapter.  Failure  to  maintain
    21  certification  as  required  by  this chapter and the regulations of the
    22  commissioner shall constitute cause for removal.
    23    6. (a) In a city having a population of four hundred thousand or more,
    24  at the expiration of the probationary term of any persons appointed  for
    25  such  term prior to July first, two thousand fifteen, the superintendent
    26  of schools shall make a written report to the board of education  recom-
    27  mending  for  permanent  appointment  those  persons who have been found
    28  satisfactory, and such board of education shall  immediately  thereafter
    29  issue  to  such  persons  permanent  certificates  of  appointment. Such
    30  persons and all others employed in the teaching service of  the  schools
    31  of such city, who have served the full probationary period shall receive
    32  permanent  certificates  to  teach  issued  to them by the certificating
    33  authority, except as otherwise provided in  subdivision  ten-a  of  this
    34  section,  and shall hold their respective positions during good behavior
    35  and satisfactory teaching service, and shall not be removable except for
    36  cause after a hearing as provided by section three thousand twenty-a [or
    37  section three thousand twenty-b] of this chapter.
    38    (b) At  the  expiration  of  the  probationary  term  of  any  persons
    39  appointed  for  such  term on or after July first, two thousand fifteen,
    40  the superintendent of schools shall make a written report to  the  board
    41  of  education  recommending  for permanent appointment those persons who
    42  have been found competent, efficient and satisfactory [and, in the  case
    43  of  a classroom teacher or building principal, who have received compos-
    44  ite annual professional performance review ratings pursuant  to  section
    45  three thousand twelve-c or section three thousand twelve-d of this chap-
    46  ter,  of  either  effective or highly effective in at least three of the
    47  four preceding years, exclusive of any breaks in service; provided that,
    48  in the case of a  classroom  teacher  or  building  principal  appointed
    49  during the two thousand seventeen--two thousand eighteen or two thousand
    50  twenty--two thousand twenty-one school year, who have received composite
    51  annual professional performance review ratings pursuant to section three
    52  thousand  twelve-c or section three thousand twelve-d of this chapter of
    53  either effective or highly effective in at least one of the four preced-
    54  ing years, exclusive of any breaks in service, and did  not  receive  an
    55  ineffective  rating  in the final year of his or her probationary period
    56  or during the most recent school year where a rating was  received,  and
        S. 9054                             9

     1  would  have  been in the superintendent of schools' discretion qualified
     2  for appointment on tenure based upon performance,  notwithstanding  that
     3  his or her annual professional performance review had not been completed
     4  and he or she had not received an annual professional performance rating
     5  for  the  two thousand nineteen--two thousand twenty, two thousand twen-
     6  ty--two thousand twenty-one or the two thousand twenty-one--two thousand
     7  twenty-two school year; provided that, in the case of a classroom teach-
     8  er or building principal appointed during the two thousand eighteen--two
     9  thousand nineteen or two thousand nineteen--two thousand  twenty  school
    10  year,  who  has  not  received composite annual professional performance
    11  review ratings pursuant to section three thousand  twelve-c  or  section
    12  three  thousand twelve-d of this chapter for three consecutive years, no
    13  ratings shall be required for the superintendent of schools to recommend
    14  for appointment on tenure such teacher  or  building  principal  if  the
    15  teacher  or principal would have been, in the superintendent of schools'
    16  discretion, qualified for appointment on tenure based upon  performance,
    17  notwithstanding  that  his or her annual professional performance review
    18  had not been completed and he or she had not received a composite annual
    19  professional performance review rating for the two  thousand  nineteen--
    20  two  thousand  twenty,  two thousand twenty--two thousand twenty-one and
    21  two thousand twenty-one--two thousand twenty-two school years;  provided
    22  that  in the case of a classroom teacher or building principal appointed
    23  during the two thousand twenty-one--two thousand twenty-two school  year
    24  who  have  received  composite  annual  professional  performance review
    25  ratings pursuant to section three thousand  twelve-c  or  section  three
    26  thousand  twelve-d  of this chapter of either effective or highly effec-
    27  tive in at least two of the  four  preceding  years,  exclusive  of  any
    28  breaks  in  service,  and  did  not receive an ineffective rating in the
    29  final year of his or her probationary period or during the  most  recent
    30  school  year  where  a  rating  was received, and would have been in the
    31  superintendent of  schools'  discretion  qualified  for  appointment  on
    32  tenure  based  upon  performance, notwithstanding that his or her annual
    33  professional performance review had not been completed and he or she had
    34  not received an annual professional performance rating for the two thou-
    35  sand twenty--two thousand twenty-one  or  two  thousand  twenty-one--two
    36  thousand  twenty-two school year; provided further that, notwithstanding
    37  any other provision of this section to  the  contrary,  when  a  teacher
    38  receives an effective and/or highly effective rating in each year of his
    39  or  her  probationary  service  except he or she receives an ineffective
    40  rating in the final year of his or her probationary period, such teacher
    41  or principal shall not be eligible for tenure but the board of education
    42  in its discretion, may extend the teacher's probationary period  for  an
    43  additional  year;  provided,  however, that if such teacher or principal
    44  successfully appealed such ineffective rating, such teacher or principal
    45  shall immediately be eligible for tenure if the  rating  resulting  from
    46  the appeal established that such individual has been effective or highly
    47  effective  in  at  least  three  of the preceding four years and was not
    48  ineffective in the final year. At the  expiration  of  the  probationary
    49  period,  the  classroom  teacher  or  building principal shall remain in
    50  probationary status until the end of  the  school  year  in  which  such
    51  teacher  or  principal  has received such ratings of effective or highly
    52  effective for at least three of the four preceding school years,  exclu-
    53  sive  of  any  breaks in service and subject to the terms hereof, during
    54  which time a board of education shall consider whether to  grant  tenure
    55  for  those  classroom teachers or building principals who otherwise have
    56  been found competent, efficient  and  satisfactory.  Provided,  however,
        S. 9054                            10

     1  that the board of education may grant tenure contingent upon a classroom
     2  teacher's  or  building  principal's  receipt of a minimum rating in the
     3  final year of the probationary period, pursuant to the  requirements  of
     4  this  section, and if such contingency is not met after all appeals have
     5  been exhausted, the grant of tenure shall be void and unenforceable  and
     6  the  teacher's  or  principal's  probationary  period may be extended in
     7  accordance with this subdivision. Such persons who have been recommended
     8  for tenure and all others  employed  in  the  teaching  service  of  the
     9  schools  of  such  school district who have served the full probationary
    10  period as extended pursuant to this subdivision].  Any  person  who  has
    11  acquired  tenure  shall,  upon such person's effective tenure date, hold
    12  their [respective positions] position during good behavior and efficient
    13  and competent service, and shall not be removable except for cause after
    14  a hearing as provided by section three thousand twenty and section three
    15  thousand twenty-a [or section three thousand twenty-b] of this  chapter.
    16  Failure  to  maintain  certification as required by this chapter and the
    17  regulations of the commissioner shall constitute cause for removal.
    18    § 5. Section 3012 of the education law, as amended  by  section  4  of
    19  subpart  D of part EE of chapter 56 of the laws of 2015, subparagraph ii
    20  of paragraph (a) of subdivision 1 and paragraph (b) of subdivision 2  as
    21  amended by chapter 201 of the laws of 2022, and subparagraph ii of para-
    22  graph  (b)  of  subdivision  1  as amended by chapter 345 of the laws of
    23  2019, is amended to read as follows:
    24    § 3012. Tenure: certain school districts. 1. (a) i. Teachers  and  all
    25  other  members  of  the  teaching  staff  of school districts, including
    26  common school districts and/or school  districts  employing  fewer  than
    27  eight  teachers,  other  than  city  school districts, who are appointed
    28  prior to July first, two thousand fifteen, shall  be  appointed  by  the
    29  board of education, or the trustees of common school districts, upon the
    30  recommendation  of  the  superintendent  of  schools, for a probationary
    31  period of three years, except that in the case  of  a  teacher  who  has
    32  rendered  satisfactory  service  as a regular substitute for a period of
    33  two years or as a seasonally licensed per session teacher of swimming in
    34  day schools who has served in that capacity for a period  of  two  years
    35  and  has  been appointed to teach the same subject in day schools, on an
    36  annual salary, the probationary period shall be  limited  to  one  year;
    37  provided,  however, that in the case of a teacher who has been appointed
    38  on tenure in another  school  district  within  the  state,  the  school
    39  district where currently employed, or a board of cooperative educational
    40  services,  and  who  was  not dismissed from such district or board as a
    41  result of charges brought pursuant to subdivision one of  section  three
    42  thousand  twenty-a [or section three thousand twenty-b] of this article,
    43  the probationary period shall not exceed two years.  The  service  of  a
    44  person  appointed  to  any  of such positions may be discontinued at any
    45  time during such probationary  period,  on  the  recommendation  of  the
    46  superintendent  of schools, by a majority vote of the board of education
    47  or the trustees of a common school district.
    48    ii. Teachers and all other members of the  teaching  staff  of  school
    49  districts,  including  common  school  districts and/or school districts
    50  employing fewer than eight teachers, other than city  school  districts,
    51  who are appointed on or after July first, two thousand fifteen, shall be
    52  appointed  by  the  board of education, or the trustees of common school
    53  districts, upon the recommendation of the superintendent of schools, for
    54  a probationary period of four years, except that in the case of a teach-
    55  er who has rendered satisfactory service as a regular substitute  for  a
    56  period  of  up  to  two years [and, if a classroom teacher, has received
        S. 9054                            11

     1  annual professional performance review ratings in each of those  years,]
     2  or  such  teacher  has  rendered  satisfactory  service  as a seasonally
     3  licensed per session teacher of swimming in day schools who  has  served
     4  in  that capacity for a period of up to two years and has been appointed
     5  to teach the same subject in day  schools,  on  an  annual  salary,  the
     6  teacher shall be appointed for a probationary period of a minimum of two
     7  years,  depending upon the length of the regular substitute service that
     8  shall shorten the length of the probationary period; provided,  however,
     9  that in the case of a teacher who has been appointed on tenure in anoth-
    10  er school district within the state, the school district where currently
    11  employed,  or  a  board of cooperative educational services, and who was
    12  not dismissed from such district or board as a result of charges brought
    13  pursuant to subdivision one  of  section  three  thousand  twenty-a  [or
    14  section  three  thousand twenty-b] of this article, the teacher shall be
    15  appointed for a probationary period of three years[; provided  that,  in
    16  the case of a classroom teacher, the teacher demonstrates that he or she
    17  received  an  annual  professional performance review rating pursuant to
    18  section three thousand twelve-c or section three  thousand  twelve-d  of
    19  this  chapter  in  his or her final year of service in such other school
    20  district or board of cooperative educational services. Provided further,
    21  however, that in the case of a teacher who  has  been  appointed  for  a
    22  probationary  period  during the two thousand twenty--two thousand twen-
    23  ty-one, the two thousand twenty one--two thousand twenty-two or the  two
    24  thousand  twenty-two--two  thousand twenty-three school year and who has
    25  been appointed on tenure in another school district  within  the  state,
    26  the  school  district  where  currently  employed,  board of cooperative
    27  educational services or state school for the blind or deaf and  who  was
    28  not dismissed from such district, board or state school for the blind or
    29  deaf  as  a  result  of  charges  brought pursuant to subdivision one of
    30  section three thousand twenty-a or section three  thousand  twenty-b  of
    31  this  article, such teacher shall be appointed for a probationary period
    32  of three years; provided that, in the case of a classroom teacher,  such
    33  teacher  demonstrates  that  he  or  she received an annual professional
    34  performance review rating pursuant to section three thousand twelve-c or
    35  section three thousand twelve-d of this  article  in  the  two  thousand
    36  seventeen--two  thousand eighteen or two thousand eighteen--two thousand
    37  nineteen school year in such other school district, board of cooperative
    38  educational services or state school for the blind or deaf]. The service
    39  of a person appointed to any of such positions may  be  discontinued  at
    40  any  time  during such probationary period, on the recommendation of the
    41  superintendent of schools, by a majority vote of the board of  education
    42  or the trustees of a common school district.
    43    (b)  i.  Principals, administrators, supervisors and all other members
    44  of the supervising staff of school districts,  including  common  school
    45  districts  and/or  school districts employing fewer than eight teachers,
    46  other than city school districts, who are appointed prior to July first,
    47  two thousand fifteen, shall be appointed by the board of  education,  or
    48  the trustees of a common school district, upon the recommendation of the
    49  superintendent  of schools for a probationary period of three years. The
    50  service of a person appointed to any of such positions may be discontin-
    51  ued at any time during the probationary period on the recommendation  of
    52  the superintendent of schools, by a majority vote of the board of educa-
    53  tion or the trustees of a common school district.
    54    ii.  Principals,  administrators, supervisors and all other members of
    55  the supervising staff  of  school  districts,  including  common  school
    56  districts  and/or  school districts employing fewer than eight teachers,
        S. 9054                            12

     1  other than city school districts, who are appointed  on  or  after  July
     2  first,  two  thousand fifteen, shall be appointed by the board of educa-
     3  tion, or the trustees of a common school district, upon the  recommenda-
     4  tion  of the superintendent of schools for a probationary period of four
     5  years; provided, however, that in the case of a  principal,  administra-
     6  tor,  supervisor,  or other member of the supervising staff who has been
     7  appointed on tenure pursuant to this chapter as an administrator  within
     8  an  authorized  administrative  tenure  area  in another school district
     9  within the state, the school district where  currently  employed,  or  a
    10  board  of  cooperative  educational  services, and who was not dismissed
    11  from such district or board as a result of charges brought  pursuant  to
    12  subdivision  one  of  section  three thousand twenty-a [or section three
    13  thousand twenty-b] of this article, the principal, administrator, super-
    14  visor or other member of the supervising staff shall be appointed for  a
    15  probationary period of three years. The service of a person appointed to
    16  any  of such positions may be discontinued at any time during the proba-
    17  tionary period on the recommendation of the superintendent  of  schools,
    18  by a majority vote of the board of education or the trustees of a common
    19  school district.
    20    (c) Any person previously appointed to tenure or a probationary period
    21  pursuant  to the provisions of former section three thousand thirteen of
    22  this article shall continue to hold such position and be governed by the
    23  provisions of this section notwithstanding  any  contrary  provision  of
    24  law.
    25    2.  (a)  At  the  expiration  of  the  probationary  term  of a person
    26  appointed for such term prior  to  July  first,  two  thousand  fifteen,
    27  subject to the conditions of this section, the superintendent of schools
    28  shall make a written report to the board of education or the trustees of
    29  a  common  school  district recommending for appointment on tenure those
    30  persons who have been found competent, efficient and satisfactory.  Such
    31  persons,  and all others employed in the teaching service of the schools
    32  of such union free school district, common school district and/or school
    33  district employing fewer than eight teachers, who have served the proba-
    34  tionary period as provided in this section, shall hold their  respective
    35  positions  during good behavior and efficient and competent service, and
    36  shall not be removed except for any of the  following  causes,  after  a
    37  hearing,  as  provided  by  section  three thousand twenty-a [or section
    38  three thousand twenty-b] of this  article:  [(a)]  (i)  insubordination,
    39  immoral  character  or  conduct unbecoming a teacher; [(b)] (ii) ineffi-
    40  ciency, incompetency, physical or mental disability, or neglect of duty;
    41  [(c)] (iii) failure to maintain certification as required by this  chap-
    42  ter  and  by the regulations of the commissioner. Each person who is not
    43  to be recommended for appointment on tenure, shall be so notified by the
    44  superintendent of schools in writing not later  than  sixty  days  imme-
    45  diately  preceding  the  expiration  of [his] such person's probationary
    46  period.
    47    (b) At the expiration of the probationary term of a  person  appointed
    48  for  such  term on or after July first, two thousand fifteen, subject to
    49  the conditions of this section, the superintendent of schools shall make
    50  a written report to the board of education or the trustees of  a  common
    51  school district recommending for appointment on tenure those persons who
    52  have  been found competent, efficient and satisfactory [and, in the case
    53  of a classroom teacher or building principal, who have received  compos-
    54  ite  annual  professional performance review ratings pursuant to section
    55  three thousand twelve-c or section three thousand twelve-d of this arti-
    56  cle, of either effective or highly effective in at least  three  of  the
        S. 9054                            13

     1  four  preceding years, exclusive of any breaks in service; provided that
     2  in the case of a  classroom  teacher  or  building  principal  appointed
     3  during the two thousand seventeen--two thousand eighteen or two thousand
     4  twenty--two thousand twenty-one school year, who have received composite
     5  annual professional performance review ratings pursuant to section three
     6  thousand twelve-c or section three thousand twelve-d of this article, of
     7  either effective or highly effective in at least one of the four preced-
     8  ing  years,  exclusive  of any breaks in service, and did not receive an
     9  ineffective rating in the final year of his or her probationary  period,
    10  or  during  the most recent school year where a rating was received, and
    11  would have been in the superintendent of schools'  discretion  qualified
    12  for  appointment  on tenure based upon performance, notwithstanding that
    13  his or her annual professional performance review had not been completed
    14  and he or she had not received an annual professional performance rating
    15  for the two thousand nineteen--two thousand twenty, two  thousand  twen-
    16  ty--two thousand twenty-one or the two thousand twenty-one--two thousand
    17  twenty-two school year; provided that, in the case of a classroom teach-
    18  er or building principal appointed during the two thousand eighteen--two
    19  thousand  nineteen  or two thousand nineteen--two thousand twenty school
    20  year, who has not received  composite  annual  professional  performance
    21  review  ratings  pursuant  to section three thousand twelve-c or section
    22  three thousand twelve-d of this article for three consecutive years,  no
    23  ratings shall be required for the superintendent of schools to recommend
    24  for  appointment  on  tenure  such  teacher or building principal if the
    25  teacher or principal would have been, in the superintendent of  schools'
    26  discretion,  qualified for appointment on tenure based upon performance,
    27  notwithstanding that his or her annual professional  performance  review
    28  had  not been completed and he or she had not received an annual profes-
    29  sional performance review rating  for  the  two  thousand  nineteen--two
    30  thousand  twenty,  two  thousand twenty--two thousand twenty-one and two
    31  thousand twenty-one--two thousand twenty-two school years; provided that
    32  in the case of a  classroom  teacher  or  building  principal  appointed
    33  during  the two thousand twenty-one--two thousand twenty-two school year
    34  who have  received  composite  annual  professional  performance  review
    35  ratings  pursuant  to  section  three thousand twelve-c or section three
    36  thousand twelve-d of this article of either effective or  highly  effec-
    37  tive  in  at  least  two  of  the four preceding years, exclusive of any
    38  breaks in service, and did not receive  an  ineffective  rating  in  the
    39  final  year of his or her probationary period, or during the most recent
    40  school year where a rating was received, and  would  have  been  in  the
    41  superintendent  of  schools'  discretion  qualified  for  appointment on
    42  tenure based upon performance, notwithstanding that his  or  her  annual
    43  professional performance review had not been completed and he or she had
    44  not received an annual professional performance rating for the two thou-
    45  sand  twenty--two  thousand  twenty-one  or two thousand twenty-one--two
    46  thousand twenty-two school year; provided further that,  notwithstanding
    47  any  other  provision of this section to the contrary, when a teacher or
    48  principal receives an effective or highly effective rating in each  year
    49  of his or her probationary service except he or she receives an ineffec-
    50  tive  rating  in  the final year of his or her probationary period, such
    51  teacher shall not be eligible for tenure but the board of education,  in
    52  its  discretion,  may  extend  the  teacher's probationary period for an
    53  additional year; provided, however, that if such  teacher  or  principal
    54  successfully appealed such ineffective rating, such teacher or principal
    55  shall  immediately  be  eligible for tenure if the rating resulting from
    56  the appeal established that such individual has been effective or highly
        S. 9054                            14

     1  effective in at least three of the preceding  four  years  and  was  not
     2  ineffective  in  the  final  year. At the expiration of the probationary
     3  period, the classroom teacher or  building  principal  shall  remain  in
     4  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 the trustees or board of education shall consider whether to
     9  grant tenure for those classroom teachers  or  building  principals  who
    10  otherwise   have  been  found  competent,  efficient  and  satisfactory.
    11  Provided, however, that the trustees or board  of  education  may  grant
    12  tenure  contingent  upon  a  classroom teacher's or building principal's
    13  receipt of a minimum rating in the final year of the probationary  peri-
    14  od, pursuant to the requirements of this section, and if such contingen-
    15  cy is not met after all appeals have been exhausted, the grant of tenure
    16  shall  be void and unenforceable and the teacher's or principal's proba-
    17  tionary period may be extended in accordance with this subdivision. Such
    18  persons who have been recommended for tenure and all others employed  in
    19  the  teaching  service  of  the schools of such school district who have
    20  served the full probationary period as extended pursuant to this  subdi-
    21  vision].  Any  person  who has acquired tenure shall, upon such person's
    22  effective tenure date, hold their [respective positions] position during
    23  good behavior and efficient and competent  service,  and  shall  not  be
    24  removable  except for cause after a hearing as provided by section three
    25  thousand twenty and section three thousand twenty-a  [or  section  three
    26  thousand twenty-b] of this article. Failure to maintain certification as
    27  required  by  this chapter and the regulations of the commissioner shall
    28  constitute cause for removal.
    29    3. Notwithstanding any other provision of this section  no  period  in
    30  any  school year for which there is no required service and/or for which
    31  no compensation is provided shall in any event  constitute  a  break  or
    32  suspension  of probationary period or continuity of tenure rights of any
    33  of the persons hereinabove described.
    34    § 6. Subdivisions 1, 11, and 17 of section  3012-d  of  the  education
    35  law, subdivisions 1 and 11 as added by section 2 of subpart E of part EE
    36  of  chapter  56  of  the  laws of 2015, and subdivision 17 as amended by
    37  chapter 201 of the laws of 2022, are amended to read as follows:
    38    1. General provisions. Notwithstanding any  other  provision  of  law,
    39  rule  or  regulation  to  the contrary, the annual teacher and principal
    40  evaluations (hereinafter, evaluations) implemented by districts shall be
    41  conducted in accordance with the provisions of this section. Such annual
    42  evaluations shall be  a  significant  factor  for  employment  decisions
    43  including  but  not  limited  to,  promotion, retention, tenure determi-
    44  nation, termination, and  supplemental  compensation.  Such  evaluations
    45  shall  also be a significant factor in teacher and principal development
    46  including but not limited to coaching, induction support, and  differen-
    47  tiated  professional  development.  Provided,  however, that for the two
    48  thousand twenty-four--two thousand twenty-five school year and thereaft-
    49  er, school districts and boards of cooperative educational services  may
    50  conduct  annual  professional  performance  reviews  pursuant to section
    51  three thousand twelve-e of this article. In such case, the provisions of
    52  this section shall not be applicable.  Provided, however, annual teacher
    53  and principal evaluation plans adopted pursuant to  this  section  shall
    54  not  be applicable after the two thousand thirty-one--two thousand thir-
    55  ty-two school year.
        S. 9054                            15

     1    11. [Notwithstanding any inconsistent  provision  of  law,  no  school
     2  district  shall  be eligible for an apportionment of general support for
     3  public schools from the funds appropriated  for  the  2015--2016  school
     4  year and any year thereafter in excess of the amount apportioned to such
     5  school  district in the respective base year unless such school district
     6  has submitted documentation that has been approved by  the  commissioner
     7  by  November  fifteenth,  two thousand fifteen, or by September first of
     8  each subsequent year, demonstrating that it has  fully  implemented  the
     9  standards  and  procedures  for  conducting annual teacher and principal
    10  evaluations of teachers and principals in accordance with  the  require-
    11  ments  of  this  section and the regulations issued by the commissioner.
    12  Provided further  that  any  apportionment  withheld  pursuant  to  this
    13  section  shall  not  occur  prior to April first of the current year and
    14  shall not have any effect on the base year calculation for  use  in  the
    15  subsequent  school year. For purposes of this section, "base year" shall
    16  mean the base year as defined in  paragraph  b  of  subdivision  one  of
    17  section thirty-six hundred two of this chapter, and "current year" shall
    18  mean  the  current  year as defined in paragraph a of subdivision one of
    19  section thirty-six hundred two of this chapter] Each school district  or
    20  board  of cooperative educational services, as applicable, shall certify
    21  by September first of each year that their school district or  board  of
    22  cooperative  educational services has a teacher and principal evaluation
    23  plan that is in compliance with the requirements of this  section  or  a
    24  performance  review  plan that is in compliance with the requirements of
    25  section three thousand twelve-e of this article, as applicable, and that
    26  the district or board  of  cooperative  educational  services  conducted
    27  evaluations  in accordance with their most recently approved plan during
    28  the preceding school year. Provided, however, that a school district  or
    29  board  of  cooperative  educational  services  may only have an approved
    30  teacher and principal evaluation plan pursuant  to  this  section  until
    31  June thirtieth, two thousand thirty-two.
    32    17.  Notwithstanding  any other provision of this section, for the two
    33  thousand twenty--two thousand twenty-one and the  two  thousand  twenty-
    34  one--two  thousand  twenty-two school years, no school district or board
    35  of cooperative educational services shall be  required  to  complete  an
    36  annual teacher and principal evaluation required by this section for any
    37  classroom  teacher or building principal [and state funding shall not be
    38  withheld from any school district for not complying  with  the  require-
    39  ments of this section].
    40    §  7.  The  education law is amended by adding a new section 3012-e to
    41  read as follows:
    42    § 3012-e. Teacher and principal performance review plans. 1.  Notwith-
    43  standing  any other provision of law, rule, or regulation to the contra-
    44  ry, for the annual professional performance reviews related to  the  two
    45  thousand twenty-four--two thousand twenty-five school year and thereaft-
    46  er, a school district or board of cooperative educational services shall
    47  conduct  performance  reviews of classroom teachers and building princi-
    48  pals in accordance with the provisions of this section or section  three
    49  thousand  twelve-d  of  this  article,  as applicable. Provided that all
    50  school districts and boards of cooperative  educational  services  shall
    51  adopt  a  performance review plan pursuant to this section no later than
    52  June thirtieth, two thousand thirty-two and such plan shall be  used  to
    53  complete  performance reviews of classroom teachers and building princi-
    54  pals no later than the two  thousand  thirty-two--two  thousand  thirty-
    55  three  school year.  Performance review plans developed pursuant to this
    56  section shall be the result of reaching a collectively bargained  agree-
        S. 9054                            16

     1  ment  negotiated  pursuant  to article fourteen of the civil service law
     2  where a recognized employee organization exists.
     3    2.  Nothing  herein  shall require modification of an existing teacher
     4  and principal evaluation plan approved by the commissioner  pursuant  to
     5  section  three  thousand  twelve-d  of  this article and all teacher and
     6  principal evaluation plans approved by the commissioner pursuant to  the
     7  provisions  of section three thousand twelve-d of this article shall not
     8  be affected by the provisions of this section on or before June  thirti-
     9  eth,  two  thousand  thirty-two;  provided,  however, that when a school
    10  district or board of cooperative educational services adopts a  perform-
    11  ance  review plan pursuant to this section, the school district or board
    12  of cooperative educational services  shall  notify  the  department  and
    13  submit  the  new  plan  to  the department for review on a form and in a
    14  manner prescribed by the commissioner. Provided further that,  prior  to
    15  June  thirtieth, two thousand thirty-two, a teacher and principal evalu-
    16  ation plan may still be adopted or modified pursuant  to  section  three
    17  thousand twelve-d of this article consistent with the provisions of such
    18  section.
    19    3. The performance reviews conducted pursuant to this section shall be
    20  a significant factor in teacher and principal development, including but
    21  not  limited  to coaching, induction support, and differentiated profes-
    22  sional development for all teachers and principals.
    23    4. (a) A school board or board  of  cooperative  educational  services
    24  shall  make its most recently adopted and reviewed plan pursuant to this
    25  section available on the school district or board of cooperative  educa-
    26  tional services' website.
    27    (b)  On an annual basis, each school district and board of cooperative
    28  educational services shall submit to the commissioner  the  ratings  for
    29  each  classroom teacher and building principal on each applicable teach-
    30  ing or leadership standard, as well  as  the  overall  rating  for  each
    31  teacher  and  principal,  where  available,  on  a  form and in a manner
    32  prescribed by the commissioner. Such data shall be collected and used to
    33  the extent necessary to comply with any  applicable  state  and  federal
    34  statutory requirements.
    35    (c) The commissioner and each school district and board of cooperative
    36  educational services shall ensure that any release to the public of data
    37  collected  pursuant to this section, or any other data that is used as a
    38  component of performance reviews, does not include personally  identify-
    39  ing  information  for  any  classroom  teacher  or  building  principal;
    40  provided, however, that each school district  or  board  of  cooperative
    41  educational  services shall fully disclose and release to the parents or
    42  legal guardians of a student the most recent performance  review  rating
    43  received  for  each  of the teachers and for the principal of the school
    44  building to which the student is assigned for the  current  school  year
    45  consistent with paragraph b of subdivision ten of section three thousand
    46  twelve-c of this article.
    47    (d)  Performance reviews of individual classroom teachers and building
    48  principals shall not be subject to disclosure pursuant to article six of
    49  the public officers law.
    50    5. (a) Performance review plans developed  pursuant  to  this  section
    51  shall:
    52    (i)  include the criteria by which all classroom teachers and building
    53  principals shall be reviewed and a description of the review procedures;
    54    (ii) address each state teaching and educational leadership  standard,
    55  as developed or adopted by the commissioner;
        S. 9054                            17

     1    (iii)  consist of multiple measures; provided, however, that one meas-
     2  ure shall be classroom observations of  classroom  teachers  and  school
     3  visits  of  building  principals. The plan shall describe the number and
     4  frequency  of  observations;  provided  that  nothing  herein  shall  be
     5  construed  to require that all classroom teachers or building principals
     6  have the same number or frequency of observations.
     7    (iv) provide the classroom teacher or building principal with  timely,
     8  actionable feedback on their practice based on the information collected
     9  as part of the performance review;
    10    (v)  assign ratings on each applicable teaching or educational leader-
    11  ship standard and an overall rating of Level 4, Level  3,  Level  2,  or
    12  Level 1 consistent with the following requirements:
    13    (1)  Level  1  shall indicate performance significantly below a school
    14  district's or board of cooperative  educational  services'  expectations
    15  aligned to teaching or educational leadership standards;
    16    (2)  Level  2 shall indicate performance that partially meets a school
    17  district's or board of cooperative  educational  services'  expectations
    18  aligned to teaching or educational leadership standards;
    19    (3)  Level 3 shall indicate performance that meets a school district's
    20  or board of cooperative educational services'  expectations  aligned  to
    21  teaching or educational leadership standards; and
    22    (4)   Level  4  shall  indicate  performance  that  exceeds  a  school
    23  district's or board of cooperative  educational  services'  expectations
    24  aligned to teaching or educational leadership standards;
    25    (vi)  ensure  that  it is possible for a classroom teacher or building
    26  principal to obtain each rating on each teaching or educational  leader-
    27  ship standard and as an overall rating. The process by which ratings are
    28  assigned  shall  be transparent and available to those being rated prior
    29  to the start of the school year, to the extent practicable; and
    30    (vii) include a process for each classroom teacher and building  prin-
    31  cipal  to  receive  formal  support  for  professional growth each year,
    32  provided that teachers and principals who receive an overall  rating  of
    33  Level  1  or  2 shall have a personalized professional development plan,
    34  developed by the school district or  board  of  cooperative  educational
    35  services, consistent with a locally determined growth goal setting proc-
    36  ess.
    37    (b)  One measure   may   be used  to address more than one teaching or
    38  educational leadership standard provided  that  the  performance  review
    39  includes multiple measures.
    40    (c)  Performance reviews conducted pursuant to this section may assess
    41  a subset of the teaching and educational leadership standards in a given
    42  year; provided, however, that probationary classroom teachers and build-
    43  ing principals shall be rated on each teaching or educational leadership
    44  standard annually.
    45    (d) Nothing in this section shall be construed to require  all  class-
    46  room  teachers  or building principals to be evaluated based on the same
    47  measures or to receive an overall rating  annually;  provided,  however,
    48  that  at a minimum, probationary teachers and principals shall receive a
    49  rating on each teaching or educational leadership standard and an  over-
    50  all  rating  annually,  while  other  teachers and principals may have a
    51  differentiated performance review process that does not culminate in  an
    52  overall rating annually. Provided, further, that nothing herein shall be
    53  construed  to prohibit or prevent any other teachers and principals from
    54  receiving an overall rating annually.
    55    6. The school district or board of cooperative  educational  services,
    56  as  applicable,  shall  ensure  that all classroom teachers and building
        S. 9054                            18

     1  principals as well as any individual who  conducts  all  or  part  of  a
     2  performance  review  receive  appropriate  training  consistent with the
     3  regulations of the commissioner and shall ensure that each  teacher  and
     4  principal who is reviewed in accordance with this section has the oppor-
     5  tunity  to  provide written comment on their performance review in addi-
     6  tion to any collectively bargained  teacher  and  principal  performance
     7  review grievance or appeal procedures.
     8    7. Nothing in this section shall be construed to affect the unfettered
     9  statutory right of a school district or board of cooperative educational
    10  services,  as  applicable, to terminate a probationary classroom teacher
    11  or  principal  for  any  statutorily  and  constitutionally  permissible
    12  reasons.
    13    8.  Performance  review plans developed pursuant to this section shall
    14  be submitted to the commissioner on a form and in a manner prescribed by
    15  the commissioner. The commissioner shall review such plan  to  determine
    16  compliance  with  the  requirements of this section. If the commissioner
    17  determines that the submitted  plan  is  not  in  compliance  with  this
    18  section,  the  plan shall be returned to the school district or board of
    19  cooperative educational services for revision. Such revisions  shall  be
    20  resolved  through  collective  bargaining,  to the extent required under
    21  article fourteen of the  civil  service  law.  The  plan  most  recently
    22  accepted  by  the  commissioner pursuant to this section shall remain in
    23  effect until a subsequent plan is agreed to by the parties and  reviewed
    24  by  the  commissioner  to  determine compliance with the requirements of
    25  this section. Each school district and board of cooperative  educational
    26  services shall certify annually to the commissioner that they have fully
    27  implemented the plan most recently accepted by the commissioner.
    28    §  8.  Section  3014  of the education law, as amended by section 5 of
    29  subpart D of part EE of chapter 56 of the laws of 2015, paragraph (b) of
    30  subdivision 1 and paragraph (b) of subdivision 2 as amended  by  chapter
    31  201 of the laws of 2022, is amended to read as follows:
    32    § 3014. Tenure:  boards  of  cooperative  educational services. 1. (a)
    33  Administrative assistants, supervisors, teachers and all  other  members
    34  of the teaching and supervising staff of the board of cooperative educa-
    35  tional  services  appointed  prior  to July first, two thousand fifteen,
    36  shall be appointed by a majority vote of the board of cooperative educa-
    37  tional services upon the recommendation of the  district  superintendent
    38  of  schools  for  a  probationary  period  of not to exceed three years;
    39  provided, however, that in the case of a teacher who has been  appointed
    40  on  tenure  in  a school district within the state, the board of cooper-
    41  ative educational services where currently employed, or another board of
    42  cooperative educational services, and who was not  dismissed  from  such
    43  district or board as a result of charges brought pursuant to subdivision
    44  one  of section three thousand twenty-a [or section three thousand twen-
    45  ty-b] of this article, the probationary  period  shall  not  exceed  two
    46  years.  Services  of  a person so appointed to any such positions may be
    47  discontinued at any time  during  such  probationary  period,  upon  the
    48  recommendation of the district superintendent, by a majority vote of the
    49  board of cooperative educational services.
    50    (b)  Administrative  assistants,  supervisors,  teachers and all other
    51  members of the teaching and supervising staff of the  board  of  cooper-
    52  ative  educational  services appointed on or after July first, two thou-
    53  sand fifteen, shall be appointed by a majority  vote  of  the  board  of
    54  cooperative educational services upon the recommendation of the district
    55  superintendent  of  schools  for  a probationary period of not to exceed
    56  four years; provided, however, that in the case of  a  teacher  who  has
        S. 9054                            19

     1  been  appointed  on  tenure  in  a school district within the state, the
     2  board of cooperative educational services where currently  employed,  or
     3  another  board  of  cooperative  educational  services,  and who was not
     4  dismissed  from  such  district  or board as a result of charges brought
     5  pursuant to section three thousand twenty-a [or section  three  thousand
     6  twenty-b]  of  this article, the teacher shall be appointed for a proba-
     7  tionary period of three years; [provided that, in the case of  a  class-
     8  room teacher, the teacher demonstrates that he or she received a compos-
     9  ite  annual  professional  performance review rating pursuant to section
    10  three thousand twelve-c or three thousand twelve-d of  this  article  of
    11  either effective or highly effective in his or her final year of service
    12  in  such  other  school  district  or  board  of cooperative educational
    13  services;] and provided further that in the case of a principal,  admin-
    14  istrator,  supervisor,  or other member of the supervising staff who has
    15  been appointed on tenure pursuant to this chapter  as  an  administrator
    16  within  an  authorized  administrative  tenure  area  in  another school
    17  district within the state, the school district where currently employed,
    18  or a  board  of  cooperative  educational  services,  and  who  was  not
    19  dismissed  from  such  district  or board as a result of charges brought
    20  pursuant to subdivision one  of  section  three  thousand  twenty-a  [or
    21  section  three thousand twenty-b] of this article, the principal, admin-
    22  istrator, supervisor, or other member of the supervising staff shall  be
    23  appointed  for  a probationary period of three years. [Provided further,
    24  however, that in the case of a classroom teacher who has been  appointed
    25  for  a  probationary period during the two thousand twenty--two thousand
    26  twenty-one, the two thousand twenty-one--two thousand twenty-two or  the
    27  two  thousand  twenty-two--two thousand twenty-three school year and who
    28  has been appointed on tenure in a  school  district  within  the  state,
    29  state school for the blind or deaf, the board of cooperative educational
    30  services  where  currently  employed,  or  another  board of cooperative
    31  educational services, and who was  not  dismissed  from  such  district,
    32  board  or  state  school  for  the  blind or deaf as a result of charges
    33  brought pursuant to section three thousand  twenty-a  or  section  three
    34  thousand twenty-b of this article, such teacher shall be appointed for a
    35  probationary  period  of  three  years;  provided that, in the case of a
    36  classroom teacher, such teacher demonstrates that he or she received  an
    37  annual  professional performance review rating pursuant to section three
    38  thousand twelve-c or section three thousand twelve-d of this article  of
    39  either  effective or highly effective in the two thousand seventeen--two
    40  thousand eighteen or two thousand eighteen--two thousand nineteen school
    41  year in such other school district, state school for the blind  or  deaf
    42  or  board  of cooperative educational services.] Services of a person so
    43  appointed to any such positions to which this paragraph applies  may  be
    44  discontinued at any time during the probationary period, upon the recom-
    45  mendation  of  the  district  superintendent,  by a majority vote of the
    46  board of cooperative educational services.
    47    2. (a) On or before the expiration  of  the  probationary  term  of  a
    48  person  appointed  for  such  term  prior  to  July  first, two thousand
    49  fifteen, the district superintendent of schools  shall  make  a  written
    50  report to the board of cooperative educational services recommending for
    51  appointment  on  tenure persons who have been found competent, efficient
    52  and satisfactory. Such persons shall  hold  their  respective  positions
    53  during  good  behavior and competent and efficient service and shall not
    54  be removed except for any of the following causes, after a  hearing,  as
    55  provided  by  section three thousand twenty-a [or section three thousand
    56  twenty-b] of this article: (i)  Insubordination,  immoral  character  or
        S. 9054                            20

     1  conduct  unbecoming  a  teacher;  (ii)  Inefficiency,  incompetency,  or
     2  neglect of duty; (iii) Failure to maintain certification as required  by
     3  this chapter and by the regulations of the commissioner. Each person who
     4  is  not to be so recommended for appointment on tenure shall be so noti-
     5  fied in writing by the district superintendent not later than sixty days
     6  immediately preceding the expiration  of  [his  or  her]  such  person's
     7  probationary period.
     8    (b)  On  or before the expiration of the probationary term of a person
     9  appointed for such term on or after July first,  two  thousand  fifteen,
    10  the  district  superintendent  of schools shall make a written report to
    11  the board of cooperative educational services recommending for  appoint-
    12  ment  on  tenure  persons  who  have been found competent, efficient and
    13  satisfactory [and, in the case of a classroom teacher or building  prin-
    14  cipal,  who  have  received  composite  annual  professional performance
    15  review ratings pursuant to section three thousand  twelve-c  or  section
    16  three  thousand  twelve-d of this article, of either effective or highly
    17  effective in at least three of the four preceding  years,  exclusive  of
    18  any breaks in service; provided that, in the case of a classroom teacher
    19  or  building  principal appointed during the two thousand seventeen--two
    20  thousand eighteen or two thousand twenty--two thousand twenty-one school
    21  year who have received composite annual professional performance  review
    22  ratings  pursuant  to  section  three thousand twelve-c or section three
    23  thousand twelve-d of this article of either effective or  highly  effec-
    24  tive  in  at  least  one  of  the four preceding years, exclusive of any
    25  breaks in service, and did not receive  an  ineffective  rating  in  the
    26  final  year  of  his  or  her  probationary period or in the most recent
    27  school year where a rating was received, and  would  have  been  in  the
    28  district superintendent of schools' discretion qualified for appointment
    29  on tenure based upon performance, notwithstanding that his or her annual
    30  professional performance review had not been completed and he or she had
    31  not received an annual professional performance rating for the two thou-
    32  sand  nineteen--two  thousand  twenty, two thousand twenty--two thousand
    33  twenty-one or  the  two  thousand  twenty-one--two  thousand  twenty-two
    34  school year; provided that, in the case of a classroom teacher or build-
    35  ing  principal  appointed during the two thousand eighteen--two thousand
    36  nineteen or two thousand nineteen--two thousand twenty school year,  who
    37  has  not  received  composite  annual  professional  performance  review
    38  ratings pursuant to section three thousand  twelve-c  or  section  three
    39  thousand  twelve-d  of  this  article  for  three  consecutive years, no
    40  ratings shall be required for the district superintendent of schools  to
    41  recommend  for  appointment on tenure such teacher or building principal
    42  if the teacher or principal would have been, in the district superinten-
    43  dent of schools' discretion, qualified for appointment on  tenure  based
    44  upon  performance,  notwithstanding  that his or her annual professional
    45  performance review had not been completed and he or she had not received
    46  an annual professional performance review rating for  the  two  thousand
    47  nineteen--two  thousand  twenty, two thousand twenty--two thousand twen-
    48  ty-one and  two  thousand  twenty-one--two  thousand  twenty-two  school
    49  years;  provided  that  in  the  case of a classroom teacher or building
    50  principal appointed during the  two  thousand  twenty-one--two  thousand
    51  twenty-two  school  year who have received composite annual professional
    52  performance review ratings pursuant to section three  thousand  twelve-c
    53  or  section  three thousand twelve-d of this article of either effective
    54  or highly effective in at least two of the four preceding years,  exclu-
    55  sive of any breaks in service, and did not receive an ineffective rating
    56  in  the final year of his or her probationary period, or during the most
        S. 9054                            21

     1  recent school year where a rating was received, and would have  been  in
     2  the   district  superintendent  of  schools'  discretion  qualified  for
     3  appointment on tenure based upon performance, notwithstanding  that  his
     4  or her annual professional performance review had not been completed and
     5  he or she had not received an annual professional performance rating for
     6  the  two  thousand twenty--two thousand twenty-one or two thousand twen-
     7  ty-one--two thousand twenty-two  school  year;  provided  further  that,
     8  notwithstanding  any  other  provision  of this section to the contrary,
     9  when a teacher or principal receives an effective  or  highly  effective
    10  rating  in each year of his or her probationary service except he or she
    11  receives an ineffective rating in the final year of his  or  her  proba-
    12  tionary  period,  such  teacher shall not be eligible for tenure but the
    13  board of education in its discretion, may extend  the  teacher's  proba-
    14  tionary  period  for  an additional year; provided, however that if such
    15  teacher or principal successfully appealed such ineffective rating, such
    16  teacher or principal shall immediately be eligible  for  tenure  if  the
    17  rating  resulting  from  the appeal established that such individual has
    18  been effective or highly effective in at least three  of  the  preceding
    19  four  years and was not ineffective in the final year. At the expiration
    20  of the probationary period, the classroom teacher or building  principal
    21  shall  remain in probationary status until the end of the school year in
    22  which such teacher or principal has received such ratings  of  effective
    23  or  highly  effective  for  at  least three of the four preceding school
    24  years, exclusive of any breaks in service, during which time a board  of
    25  cooperative  educational services shall consider whether to grant tenure
    26  for those classroom teachers or building principals who  otherwise  have
    27  been  found  competent,  efficient  and satisfactory. Provided, however,
    28  that the board of cooperative  educational  services  may  grant  tenure
    29  contingent upon a classroom teacher's or building principal's receipt of
    30  a  minimum rating in the final year of the probationary period, pursuant
    31  to the requirements of this section, and if such contingency is not  met
    32  after all appeals have been exhausted, the grant of tenure shall be void
    33  and  unenforceable  and the teacher's or principal's probationary period
    34  may be extended in accordance with this subdivision]. Such persons shall
    35  hold their respective positions during good behavior and  competent  and
    36  efficient service and shall not be removed except for any of the follow-
    37  ing causes, after a hearing, as provided by section three thousand twen-
    38  ty-a  [or section three thousand twenty-b] of this article: (i) Insubor-
    39  dination, immoral  character  or  conduct  unbecoming  a  teacher;  (ii)
    40  Inefficiency,  incompetency,  or neglect of duty; (iii) Failure to main-
    41  tain certification as required by this chapter and by the regulations of
    42  the commissioner. Each person who  is  not  to  be  so  recommended  for
    43  appointment  on  tenure  shall be so notified in writing by the district
    44  superintendent not later than sixty days immediately preceding the expi-
    45  ration of [his or her] such person's probationary period.
    46    § 9. Section 3020 of the education law, as amended by chapter  691  of
    47  the laws of 1994, subdivision 1 as amended by chapter 103 of the laws of
    48  2010,  subdivision  3  and  paragraph  a  of subdivision 4 as amended by
    49  section 2 of subpart G of part EE of chapter 56 of the laws of 2015, and
    50  subdivision 4 as added by section 1 of part J of chapter 93 of the  laws
    51  of 2002, is amended to read as follows:
    52    § 3020. Discipline of  teachers. 1. No person enjoying the benefits of
    53  tenure shall be disciplined or  removed  during  a  term  of  employment
    54  except for just cause and in accordance with the procedures specified in
    55  section  three  thousand  twenty-a of this article or in accordance with
    56  alternate disciplinary procedures contained in a  collective  bargaining
        S. 9054                            22

     1  agreement  covering  [his  or her] such person's terms and conditions of
     2  employment that was effective on or  before  September  first,  nineteen
     3  hundred  ninety-four  and  has  been  unaltered  by renegotiation, or in
     4  accordance  with  alternative  disciplinary  procedures  contained  in a
     5  collective bargaining agreement covering  [his  or  her]  such  person's
     6  terms  and  conditions  of employment that becomes effective on or after
     7  September first, nineteen hundred ninety-four; provided,  however,  that
     8  any  such  alternate  disciplinary  procedures contained in a collective
     9  bargaining agreement that becomes effective on or after September first,
    10  nineteen hundred ninety-four, must provide for the written  election  by
    11  the  employee  of  either the procedures specified in such section three
    12  thousand twenty-a or the alternative disciplinary  procedures  contained
    13  in  the collective bargaining agreement and must result in a disposition
    14  of the disciplinary charge within the amount of  time  allowed  therefor
    15  under  such  section three thousand twenty-a[; and provided further that
    16  any alternate disciplinary procedures contained in a collective bargain-
    17  ing agreement that becomes effective on or after July first,  two  thou-
    18  sand  ten shall provide for an expedited hearing process before a single
    19  hearing officer in accordance with subparagraph (i-a) of paragraph c  of
    20  subdivision  three of section three thousand twenty-a of this article in
    21  cases in which charges of incompetence are brought based solely upon  an
    22  allegation  of  a  pattern  of  ineffective  teaching  or performance as
    23  defined in section three thousand twelve-c of  this  article  and  shall
    24  provide that such a pattern of ineffective teaching or performance shall
    25  constitute  very significant evidence of incompetence which may form the
    26  basis for just cause removal].
    27    2. No person enjoying the benefits of tenure shall be suspended for  a
    28  fixed  time without pay or dismissed due to a violation of article thir-
    29  teen-E of the public health law.
    30    3. Notwithstanding any inconsistent provision of law,  the  procedures
    31  set  forth in section three thousand twenty-a of this article and subdi-
    32  vision seven of section twenty-five hundred ninety-j of this chapter may
    33  be modified or replaced by agreements negotiated between the city school
    34  district of the city of New York and any employee  organization  repres-
    35  enting employees or titles that are or were covered by any memorandum of
    36  agreement  executed  by  such  city  school  district and the council of
    37  supervisors and administrators of the city  of  New  York  on  or  after
    38  December  first, nineteen hundred ninety-nine. Where such procedures are
    39  so modified or  replaced:  (i)  compliance  with  such  modification  or
    40  replacement  procedures shall satisfy any provision in this chapter that
    41  requires  compliance  with  section  three  thousand  twenty-a  of  this
    42  article,  (ii)  any  employee  against  whom charges have been preferred
    43  prior to the effective date of such modification  or  replacement  shall
    44  continue to be subject to the provisions of such section as in effect on
    45  the  date  such charges were preferred, (iii) the provisions of subdivi-
    46  sions one and two of this section shall not apply to agreements  negoti-
    47  ated pursuant to this subdivision, and (iv) in accordance with paragraph
    48  (e)  of  subdivision  one  of  section  two  hundred nine-a of the civil
    49  service law, such modification or replacement procedures contained in an
    50  agreement negotiated pursuant to  this  subdivision  shall  continue  as
    51  terms  of  such  agreement after its expiration until a new agreement is
    52  negotiated[;  provided  that  any  alternate   disciplinary   procedures
    53  contained in a collective bargaining agreement that becomes effective on
    54  or  after  July  first,  two thousand ten shall provide for an expedited
    55  hearing process before a  single  hearing  officer  in  accordance  with
    56  subparagraph  (i-a) of paragraph c of subdivision three of section three
        S. 9054                            23

     1  thousand twenty-a of this article in cases in which charges of  incompe-
     2  tence  are  brought  against  a  building principal based solely upon an
     3  allegation of a  pattern  of  ineffective  teaching  or  performance  as
     4  defined  in  section  three  thousand twelve-c of this article and shall
     5  provide that such a pattern of ineffective teaching or performance shall
     6  constitute very significant evidence of incompetence which may form  the
     7  basis  for  just  cause  removal  of the building principal and provided
     8  further that  any  alternate  disciplinary  procedures  contained  in  a
     9  collective  bargaining agreement that becomes effective on or after July
    10  first, two thousand fifteen shall provide that all hearings pursuant  to
    11  sections  three  thousand  twenty-a  or  three thousand twenty-b of this
    12  article shall be conducted before a single hearing officer and that  two
    13  consecutive ineffective ratings pursuant to annual professional perform-
    14  ance  reviews  conducted  in  accordance  with the provisions of section
    15  three thousand twelve-c or three thousand twelve-d of this article shall
    16  constitute prima facie evidence of incompetence that can only  be  over-
    17  come  by clear and convincing evidence that the employee is not incompe-
    18  tent in light of all surrounding circumstances, and if not  successfully
    19  overcome, the finding, absent extraordinary circumstances, shall be just
    20  cause for removal, and that three consecutive ineffective ratings pursu-
    21  ant  to  annual professional performance reviews conducted in accordance
    22  with the provisions of section three thousand twelve-c or three thousand
    23  twelve-d of this article shall constitute prima facie evidence of incom-
    24  petence that can only be overcome by clear and convincing evidence  that
    25  the  calculation of one or more of the principal's underlying components
    26  on the annual professional performance reviews pursuant to section three
    27  thousand twelve-c or three thousand twelve-d of this article was fraudu-
    28  lent, and if not successfully overcome,  the  finding,  absent  extraor-
    29  dinary  circumstances,  shall be just cause for removal. For purposes of
    30  this subdivision, fraud shall include mistaken identity].  Notwithstand-
    31  ing any inconsistent provision of law, the commissioner shall review any
    32  appeals authorized by such modification or replacement procedures within
    33  fifteen  days  from  receipt by such commissioner of the record of prior
    34  proceedings in the matter subject to  appeal.  Such  review  shall  have
    35  preference  over  all  other  appeals or proceedings pending before such
    36  commissioner.
    37    4. a. Notwithstanding any inconsistent provision of  law,  the  proce-
    38  dures  set  forth in section three thousand twenty-a of this article and
    39  subdivision seven of section twenty-five hundred ninety-j of this  chap-
    40  ter  may  be  modified  by agreements negotiated between the city school
    41  district of the city of New York and any employee  organization  repres-
    42  enting employees or titles that are or were covered by any memorandum of
    43  agreement  executed  by  such city school district and the united feder-
    44  ation of teachers on or after June tenth, two thousand two.  Where  such
    45  procedures are so modified: (i) compliance with such modified procedures
    46  shall  satisfy  any  provision  of this chapter that requires compliance
    47  with section three thousand twenty-a of this article; (ii) any  employee
    48  against  whom charges have been preferred prior to the effective date of
    49  such modification shall continue to be subject to the provisions of such
    50  section as in effect on the date such charges were preferred; (iii)  the
    51  provisions  of  subdivisions one and two of this section shall not apply
    52  to agreements negotiated pursuant to this subdivision,  except  that  no
    53  person  enjoying  the benefits of tenure shall be disciplined or removed
    54  during a term of employment except for just cause; and (iv)  in  accord-
    55  ance with paragraph (e) of subdivision one of section two hundred nine-a
    56  of  the  civil  service  law,  such  modified procedures contained in an
        S. 9054                            24

     1  agreement negotiated pursuant to  this  subdivision  shall  continue  as
     2  terms  of  such  agreement after its expiration until a new agreement is
     3  negotiated[; and provided further that any alternate disciplinary proce-
     4  dures contained in a collective bargaining agreement that becomes effec-
     5  tive on or after July first, two thousand ten shall provide for an expe-
     6  dited hearing process before a single hearing officer in accordance with
     7  subparagraph  (i-a) of paragraph c of subdivision three of section three
     8  thousand twenty-a of this article in cases in which charges of  incompe-
     9  tence  are brought based solely upon an allegation of a pattern of inef-
    10  fective teaching or performance as defined  in  section  three  thousand
    11  twelve-c  of this article and shall provide that such a pattern of inef-
    12  fective  teaching  or  performance  shall  constitute  very  significant
    13  evidence  of  incompetence  which  may  form  the  basis  for just cause
    14  removal, and provided further that any alternate disciplinary procedures
    15  contained in a collective bargaining agreement that becomes effective on
    16  or after July first, two thousand fifteen shall provide that  all  hear-
    17  ings  pursuant  to  sections  three  thousand twenty-a or three thousand
    18  twenty-b of this article shall be  conducted  before  a  single  hearing
    19  officer  and that two consecutive ineffective ratings pursuant to annual
    20  professional  performance  reviews  conducted  in  accordance  with  the
    21  provisions of section three thousand twelve-c or three thousand twelve-d
    22  of  this  article  shall constitute prima facie evidence of incompetence
    23  that can only be overcome by clear  and  convincing  evidence  that  the
    24  employee  is  not incompetent in light of all surrounding circumstances,
    25  and if not successfully  overcome,  the  finding,  absent  extraordinary
    26  circumstances,  shall  be just cause for removal, and that three consec-
    27  utive ineffective ratings pursuant to  annual  professional  performance
    28  reviews  conducted  in  accordance  with the provisions of section three
    29  thousand twelve-c or three  thousand  twelve-d  of  this  article  shall
    30  constitute  prima  facie evidence of incompetence that can only be over-
    31  come by clear and convincing evidence that the  calculation  of  one  or
    32  more  of  the teacher's underlying components on the annual professional
    33  performance reviews pursuant to section three thousand twelve-c or three
    34  thousand twelve-d of this article was fraudulent, and if not successful-
    35  ly overcome, the finding, absent extraordinary circumstances,  shall  be
    36  just  cause  for  removal.  For  purposes of this paragraph, fraud shall
    37  include mistaken identity].
    38    b. Any modifications to the procedures  set  forth  in  section  three
    39  thousand twenty-a of this article and subdivision seven of section twen-
    40  ty-five  hundred ninety-j of this chapter shall not change the manner in
    41  which the fees and expenses of such proceedings pursuant to  the  afore-
    42  said sections are paid.
    43    § 10.  Section 3020-b of the education law is REPEALED.
    44    § 11. This act shall take effect immediately.