SUMMARY OF APPR PROVISIONS OF THE EXECUTIVE ORDER:
1. Neither districts nor BOCES are required to complete 2019-20 evaluations of teachers and principals under Education Law Section 3012-d.
2. Districts will not forfeit state aid for failure to complete 2019-20 evaluations of teachers and principals.
3. Teachers and principals in their “final” probationary year can be recommended for, and granted, tenure based on the two (for teachers in three-year probationary appointments, due to previously achieving tenure) or three (for all other teachers and principals) previous APPR ratings. This is if the “previous requisite performance ratings” were received.
4. Districts/BOCES may extend tenure decisions for one year for those in their final year.
SAANYS INTERPRETATION OF PRACTICAL IMPLICATIONS:
For probationary periods ending this year (anyone whose 2019-20 APPR rating would have been the final rating to be considered in a tenure decision):
- For those on three-year probationary appointments, at least the second previous overall rating must be Effective or Highly Effective.
- For those on four-year probationary appointments, at least two of the previous overall ratings must be Effective or Highly Effective and the most recent rating must be Developing or better; Ineffective in the third evaluation would not allow a tenure recommendation.
- For teachers or principals whose last year of probation is this year, districts may extend tenure decisions for one year despite a teacher or principal having met the revised required ratings. In these cases, the district/BOCES should be executing a JUUL agreement with the teacher or principal. SAANYS members should consult the legal department prior to signing an agreement to postpone the tenure recommendation.
For probationary periods which include this year but end in a later year, the implications of not having a rating this year have not been identified in Executive Order 202.39, issued 6/7/20.