STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5576--C
            Cal. No. 618
 
                               2021-2022 Regular Sessions
 
 
IN SENATE
 
                                     March 11, 2021
                                       ___________
 
        Introduced  by Sens. MAYER, HINCHEY, JORDAN, MARTUCCI, REICHLIN-MELNICK,
          TEDISCO -- read twice and ordered printed,  and  when  printed  to  be
          committed  to the Committee on Education -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee  --  reported  favorably from said committee, ordered to first and
          second report,  ordered  to  a  third  reading,  amended  and  ordered
          reprinted,  retaining  its  place  in  the  order  of third reading --
          reported favorably from said committee, ordered to  first  and  second
          report,  ordered  to  a  third reading, amended and ordered reprinted,
          retaining its place in the order of third reading
 
        AN ACT to amend the education law, in relation to the granting of tenure
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
  1      Section  1.  Subparagraph  ii  of  paragraph  (a)  of subdivision 1 of
  2    section 3012 of the education law, as amended by section 4 of subpart  D
  3    of  part  EE  of  chapter  56 of the laws of 2015, is amended to read as
  4    follows:
  5      ii. Teachers and all other members of the  teaching  staff  of  school
  6    districts,  including  common  school  districts and/or school districts
  7    employing fewer than eight teachers, other than city  school  districts,
  8    who are appointed on or after July first, two thousand fifteen, shall be
  9    appointed  by  the  board of education, or the trustees of common school
 10    districts, upon the recommendation of the superintendent of schools, for
 11    a probationary period of four years, except that in the case of a teach-
 12    er who has rendered satisfactory service as a regular substitute  for  a
 13    period  of  two  years  and, if a classroom teacher, has received annual
 14    professional performance review ratings in each of those years,  or  has
 15    rendered  satisfactory  service  as  a  seasonally  licensed per session
 16    teacher of swimming in day schools who has served in that capacity for a
 17    period of two years and has been appointed to teach the same subject  in
 18    day  schools,  on an annual salary, the teacher shall be appointed for a
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09855-18-1

S. 5576--C 2 1 probationary period of two years; provided, however, that in the case of 2 a teacher who has been appointed on tenure in another school district 3 within the state, the school district where currently employed, or a 4 board of cooperative educational services, and who was not dismissed 5 from such district or board as a result of charges brought pursuant to 6 subdivision one of section three thousand twenty-a or section three 7 thousand twenty-b of this article, the teacher shall be appointed for a 8 probationary period of three years; provided that, in the case of a 9 classroom teacher, the teacher demonstrates that he or she received an 10 annual professional performance review rating pursuant to section three 11 thousand twelve-c or section three thousand twelve-d of this chapter in 12 his or her final year of service in such other school district or board 13 of cooperative educational services. Provided further, however, that in 14 the case of a teacher who has been appointed for a probationary period 15 during the two thousand twenty--two thousand twenty-one school year and 16 who has been appointed on tenure in another school district within the 17 state, the school district where currently employed, board of cooper- 18 ative educational services or state school for the blind or deaf and who 19 was not dismissed from such district, board or state school for the 20 blind or deaf as a result of charges brought pursuant to subdivision one 21 of section three thousand twenty-a or section three thousand twenty-b of 22 this article, such teacher shall be appointed for a probationary period 23 of three years; provided that, in the case of a classroom teacher, such 24 teacher demonstrates that he or she received an annual professional 25 performance review rating pursuant to section three thousand twelve-c or 26 section three thousand twelve-d of this article in the two thousand 27 seventeen--two thousand eighteen or two thousand eighteen--two thousand 28 nineteen school year in such other school district, board of cooperative 29 educational services or state school for the blind or deaf. The service 30 of a person appointed to any of such positions may be discontinued at 31 any time during such probationary period, on the recommendation of the 32 superintendent of schools, by a majority vote of the board of education 33 or the trustees of a common school district. 34 2. Paragraph (b) of subdivision 2 of section 3012 of the education 35 law, as added by section 4 of subpart D of part EE of chapter 56 of the 36 laws of 2015, is amended to read as follows: 37 (b) At the expiration of the probationary term of a person appointed 38 for such term on or after July first, two thousand fifteen, subject to 39 the conditions of this section, the superintendent of schools shall make 40 a written report to the board of education or the trustees of a common 41 school district recommending for appointment on tenure 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 arti- 46 cle, 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, two thousand 50 eighteen--two thousand nineteen or two thousand nineteen--two thousand 51 twenty 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 one 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. 5576--C 3 1 recent school year where a rating was received; provided that, in the 2 case of a classroom teacher or building principal appointed during the 3 two thousand twenty--two thousand twenty-one school year who have 4 received composite annual professional performance review ratings pursu- 5 ant to section three thousand twelve-c or section three thousand 6 twelve-d of this article of either effective or highly effective in at 7 least two of the four preceding years, exclusive of any breaks in 8 service, and did not receive an ineffective rating in the final year of 9 his or her probationary period, or during the most recent school year 10 where a rating was received; provided further that, notwithstanding any 11 other provision of this section to the contrary, when a teacher or prin- 12 cipal receives an effective or highly effective rating in each year of 13 his or her probationary service except he or she receives an ineffective 14 rating in the final year of his or her probationary period, such teacher 15 shall not be eligible for tenure but the board of education, in its 16 discretion, may extend the teacher's probationary period for an addi- 17 tional year; provided, however, that if such teacher or principal 18 successfully appealed such ineffective rating, such teacher or principal 19 shall immediately be eligible for tenure if the rating resulting from 20 the appeal established that such individual has been effective or highly 21 effective in at least three of the preceding four years and was not 22 ineffective in the final year. At the expiration of the probationary 23 period, the classroom teacher or building principal shall remain in 24 probationary status until the end of the school year in which such 25 teacher or principal has received such ratings of effective or highly 26 effective for at least three of the four preceding school years, exclu- 27 sive of any breaks in service, and subject to the terms hereof, during 28 which time the trustees or board of education shall consider whether to 29 grant tenure for those classroom teachers or building principals who 30 otherwise have been found competent, efficient and satisfactory. 31 Provided, however, that the trustees or board of education may grant 32 tenure contingent upon a classroom teacher's or building principal's 33 receipt of a minimum rating in the final year of the probationary peri- 34 od, pursuant to the requirements of this section, and if such contingen- 35 cy is not met after all appeals have been exhausted, the grant of tenure 36 shall be void and unenforceable and the teacher's or principal's proba- 37 tionary period may be extended in accordance with this subdivision. Such 38 persons who have been recommended for tenure and all others employed in 39 the teaching service of the schools of such school district who have 40 served the full probationary period as extended pursuant to this subdi- 41 vision shall hold their respective positions during good behavior and 42 efficient and competent service, and shall not be removable except for 43 cause after a hearing as provided by section three thousand twenty-a or 44 section three thousand twenty-b of this article. Failure to maintain 45 certification as required by this chapter and the regulations of the 46 commissioner shall constitute cause for removal. 47 3. Section 3012-d of the education law is amended by adding a new 48 subdivision 17 to read as follows: 49 17. Notwithstanding any other provision of this section, for the two 50 thousand twenty--two thousand twenty-one school year, no school district 51 or board of cooperative educational services shall complete an annual 52 teacher and principal evaluation required by this section for any class- 53 room teacher or building principal and state funding shall not be with- 54 held from any school district for not complying with the requirements of 55 this section.

S. 5576--C 4 1 4. Paragraph (b) of subdivision 2 of section 3014 of the education 2 law, as added by section 5 of subpart D of part EE of chapter 56 of the 3 laws of 2015, is amended to read as follows: 4 (b) On or before the expiration of the probationary term of a person 5 appointed for such term on or after July first, two thousand fifteen, 6 the district superintendent of schools shall make a written report to 7 the board of cooperative educational services recommending for appoint- 8 ment on tenure persons who have been found competent, efficient and 9 satisfactory and, in the case of a classroom teacher or building princi- 10 pal, who have received composite annual professional performance review 11 ratings pursuant to section three thousand twelve-c or section three 12 thousand twelve-d of this article, of either effective or highly effec- 13 tive in at least three of the four preceding years, exclusive of any 14 breaks in service; provided that, in the case of a classroom teacher or 15 building principal appointed during the two thousand seventeen--two 16 thousand eighteen, two thousand eighteen--two thousand nineteen or two 17 thousand nineteen--two thousand twenty school year who have received 18 composite annual professional performance review ratings pursuant to 19 section three thousand twelve-c or section three thousand twelve-d of 20 this article of either effective or highly effective in at least one of 21 the four preceding years, exclusive of any breaks in service, and did 22 not receive an ineffective rating in the final year of his or her proba- 23 tionary period or in the most recent school year where a rating was 24 received; provided that, in the case of a classroom teacher or building 25 principal appointed during the two thousand twenty--two thousand twen- 26 ty-one school year who have received composite annual professional 27 performance review ratings pursuant to section three thousand twelve-c 28 or section three thousand twelve-d of this article of either effective 29 or highly effective in at least two of the four preceding years, exclu- 30 sive of any breaks in service, and did not receive an ineffective 31 rating in the final year of his or her probationary period, or during 32 the most recent school year where a rating was received; provided 33 further that, notwithstanding any other provision of this section to the 34 contrary, when a teacher or principal receives an effective or highly 35 effective rating in each year of his or her probationary service except 36 he or she receives an ineffective rating in the final year of his or her 37 probationary period, such teacher shall not be eligible for tenure but 38 the board of education in its discretion, may extend the teacher's 39 probationary period for an additional year; provided, however that if 40 such teacher or principal successfully appealed such ineffective rating, 41 such teacher or principal shall immediately be eligible for tenure if 42 the rating resulting from the appeal established that such individual 43 has been effective or highly effective in at least three of the preced- 44 ing four years and was not ineffective in the final year. At the expira- 45 tion of the probationary period, the classroom teacher or building prin- 46 cipal shall remain in probationary status until the end of the school 47 year in which such teacher or principal has received such ratings of 48 effective or highly effective for at least three of the four preceding 49 school years, exclusive of any breaks in service, during which time a 50 board of cooperative educational services shall consider whether to 51 grant tenure for those classroom teachers or building principals who 52 otherwise have been found competent, efficient and satisfactory. 53 Provided, however, that the board of cooperative educational services 54 may grant tenure contingent upon a classroom teacher's or building prin- 55 cipal's receipt of a minimum rating in the final year of the probation- 56 ary period, pursuant to the requirements of this section, and if such

S. 5576--C 5 1 contingency is not met after all appeals have been exhausted, the grant 2 of tenure shall be void and unenforceable and the teacher's or princi- 3 pal's probationary period may be extended in accordance with this subdi- 4 vision. Such persons shall hold their respective positions during good 5 behavior and competent and efficient service and shall not be removed 6 except for any of the following causes, after a hearing, as provided by 7 section three thousand twenty-a or section three thousand twenty-b of 8 this article: (i) Insubordination, immoral character or conduct unbecom- 9 ing a teacher; (ii) Inefficiency, incompetency, or neglect of duty; 10 (iii) Failure to maintain certification as required by this chapter and 11 by the regulations of the commissioner. Each person who is not to be so 12 recommended for appointment on tenure shall be so notified in writing by 13 the district superintendent not later than sixty days immediately 14 preceding the expiration of his or her probationary period. 15 5. Paragraph (b) of subdivision 1 of section 3014 of the education 16 law, as amended by chapter 345 of the laws of 2019, is amended to read 17 as follows: 18 (b) Administrative assistants, supervisors, teachers and all other 19 members of the teaching and supervising staff of the board of cooper- 20 ative educational services appointed on or after July first, two thou- 21 sand fifteen, shall be appointed by a majority vote of the board of 22 cooperative educational services upon the recommendation of the district 23 superintendent of schools for a probationary period of not to exceed 24 four years; provided, however, that in the case of a teacher who has 25 been appointed on tenure in a school district within the state, the 26 board of cooperative educational services where currently employed, or 27 another board of cooperative educational services, and who was not 28 dismissed from such district or board as a result of charges brought 29 pursuant to section three thousand twenty-a or section three thousand 30 twenty-b of this article, the teacher shall be appointed for a proba- 31 tionary period of three years; provided that, in the case of a classroom 32 teacher, the teacher demonstrates that he or she received a composite 33 annual professional performance review rating pursuant to section three 34 thousand twelve-c or three thousand twelve-d of this article of either 35 effective or highly effective in his or her final year of service in 36 such other school district or board of cooperative educational services; 37 and provided further that in the case of a principal, administrator, 38 supervisor, or other member of the supervising staff who has been 39 appointed on tenure pursuant to this chapter as an administrator within 40 an authorized administrative tenure area in another school district 41 within the state, the school district where currently employed, or a 42 board of cooperative educational services, and who was not dismissed 43 from such district or board as a result of charges brought pursuant to 44 subdivision one of section three thousand twenty-a or section three 45 thousand twenty-b of this article, the principal, administrator, super- 46 visor, or other member of the supervising staff shall be appointed for a 47 probationary period of three years. Provided further, however, that in 48 the case of a classroom teacher who has been appointed for a probation- 49 ary period during the two thousand twenty--two thousand twenty-one 50 school year and who has been appointed on tenure in a school district 51 within the state, state school for the blind or deaf, the board of coop- 52 erative educational services where currently employed, or another board 53 of cooperative educational services, and who was not dismissed from such 54 district, board or state school for the blind or deaf as a result of 55 charges brought pursuant to section three thousand twenty-a or section 56 three thousand twenty-b of this article, such teacher shall be appointed

S. 5576--C 6 1 for a probationary period of three years; provided that, in the case of 2 a classroom teacher, such teacher demonstrates that he or she received 3 an annual professional performance review rating pursuant to section 4 three thousand twelve-c or section three thousand twelve-d of this arti- 5 cle in the two thousand seventeen--two thousand eighteen or two thousand 6 eighteen--two thousand nineteen school year in such other school 7 district, state school for the blind or deaf or board of cooperative 8 educational services. Services of a person so appointed to any such 9 positions to which this paragraph applies may be discontinued at any 10 time during the probationary period, upon the recommendation of the 11 district superintendent, by a majority vote of the board of cooperative 12 educational services. 13 6. Subparagraph ii of paragraph (a) of subdivision 1 of section 2509 14 of the education law, as amended by section 1 of subpart D of part EE of 15 chapter 56 of the laws of 2015, is amended to read as follows: 16 ii. Notwithstanding any other provision of law or regulation to the 17 contrary, teachers and all other members of the teaching staff appointed 18 on or after July first, two thousand fifteen and authorized by section 19 twenty-five hundred three of this article, shall be appointed by the 20 board of education, upon the recommendation of the superintendent of 21 schools, for a probationary period of four years, except that in the 22 case of a teacher who has rendered satisfactory service as a regular 23 substitute for a period of two years and, if a classroom teacher, has 24 received composite annual professional performance review ratings in 25 each of those years, or has rendered satisfactory service as a 26 seasonally licensed per session teacher of swimming in day schools who 27 has served in that capacity for a period of two years and has been 28 appointed to teach the same subject in day schools on an annual salary, 29 the teacher shall be appointed for a probationary period of two years; 30 provided, however, that in the case of a teacher who has been appointed 31 on tenure in another school district within the state, the school 32 district where currently employed, or a board of cooperative educational 33 services, and who was not dismissed from such district or board as a 34 result of charges brought pursuant to subdivision one of section three 35 thousand twenty-a or section three thousand twenty-b of this chapter, 36 the teacher shall be appointed for a probationary period of three years; 37 provided that the teacher demonstrates that he or she received an annual 38 professional performance review rating pursuant to section three thou- 39 sand twelve-c or section three thousand twelve-d of this chapter in his 40 or her final year of service in such other school district or board of 41 cooperative educational services. Provided further, however, that in the 42 case of a teacher who has been appointed for a probationary period 43 during the two thousand twenty--two thousand twenty-one school year and 44 who has been appointed on tenure in another school district within the 45 state, the school district where currently employed, board of cooper- 46 ative educational services or state school for the blind or deaf and who 47 was not dismissed from such district, board or state school for the 48 blind or deaf as a result of charges brought pursuant to subdivision one 49 of section three thousand twenty-a or section three thousand twenty-b of 50 this chapter, such teacher shall be appointed for a probationary period 51 of three years; provided that, in the case of a classroom teacher, such 52 teacher demonstrates that he or she received an annual professional 53 performance review rating pursuant to section three thousand twelve-c or 54 section three thousand twelve-d of this chapter in the two thousand 55 seventeen--two thousand eighteen or two thousand eighteen--two thousand 56 nineteen school year in such other school district, board of cooperative

S. 5576--C 7 1 educational services or state school for the blind or deaf. The service 2 of a person appointed to any of such positions may be discontinued at 3 any time during such probationary period, on the recommendation of the 4 superintendent of schools, by a majority vote of the board of education. 5 Each person who is not to be recommended for appointment on tenure shall 6 be so notified by the superintendent of schools in writing not later 7 than sixty days immediately preceding the expiration of his/her proba- 8 tionary period. 9 7. Paragraph b of subdivision 2 of section 2509 of the education 10 law, as added by section 2 of subpart D of part EE of chapter 56 of the 11 laws of 2015, is amended to read as follows: 12 b. For persons appointed on or after July first, two thousand fifteen, 13 at the expiration of the probationary term of any persons appointed for 14 such term, or within six months prior thereto, the superintendent of 15 schools shall make a written report to the board of education recommend- 16 ing for appointment on tenure those persons who have been found compe- 17 tent, efficient and satisfactory and in the case of a classroom teacher 18 or building principal, who have received annual professional performance 19 review ratings pursuant to section three thousand twelve-c or section 20 three thousand twelve-d of this chapter, of either effective or highly 21 effective in at least three of the four preceding years, exclusive of 22 any breaks in service; provided that, in the case of a classroom teacher 23 or building principal appointed during the two thousand seventeen--two 24 thousand eighteen, two thousand eighteen--two thousand nineteen or two 25 thousand nineteen--two thousand twenty school year, who have received 26 composite annual professional performance review ratings pursuant to 27 section three thousand twelve-c or section three thousand twelve-d of 28 this chapter, of either effective or highly effective in at least one of 29 the four preceding years, exclusive of any breaks in service, and did 30 not receive an ineffective rating in the final year of his or her proba- 31 tionary period, or during the most recent school year where a rating was 32 received; provided that, in the case of a classroom teacher or building 33 principal appointed during the two thousand twenty--two thousand twen- 34 ty-one school year who have received composite annual professional 35 performance review ratings pursuant to section three thousand twelve-c 36 or section three thousand twelve-d of this chapter of either effective 37 or highly effective in at least two of the four preceding years, exclu- 38 sive of any breaks in service, and did not receive an ineffective 39 rating in the final year of his or her probationary period, or during 40 the most recent school year where a rating was received; provided 41 further that, notwithstanding any other provision of this section to the 42 contrary, when a teacher or principal receives an effective or highly 43 effective rating in each year of his or her probationary service except 44 he or she receives an ineffective rating in the final year of his or her 45 probationary period, such teacher or principal shall not be eligible for 46 tenure but the board of education in its discretion, may extend the 47 teacher's probationary period for an additional year; provided, however, 48 that if such teacher or principal successfully appealed such ineffective 49 rating, such teacher or principal shall immediately be eligible for 50 tenure if the rating resulting from the appeal established that such 51 individual has been effective or highly effective in at least three of 52 the preceding four years and was not ineffective in the final year. By a 53 majority vote, the board of education may then appoint on tenure any or 54 all of the persons recommended by the superintendent of schools. At the 55 expiration of the probationary period, the classroom teacher or building 56 principal shall remain in probationary status until the end of the

S. 5576--C 8 1 school year in which such teacher or principal has received such ratings 2 of effective or highly effective for at least three of the four preced- 3 ing school years exclusive of any breaks in service and subject to the 4 terms hereof, during which time a board of education shall consider 5 whether to grant tenure for those classroom teachers or building princi- 6 pals who otherwise have been found competent, efficient and satisfac- 7 tory. Provided, however, that the board of education may grant tenure 8 contingent upon a classroom teacher's or building principal's receipt of 9 a minimum rating in the final year of the probationary period, pursuant 10 to the requirements of this section, and if such contingency is not met 11 after all appeals have been exhausted, the grant of tenure shall be void 12 and unenforceable and the teacher's or principal's probationary period 13 may be extended in accordance with this subdivision. Such persons who 14 have been recommended for tenure and all others employed in the teaching 15 service of the schools of such school district who have served the full 16 probationary period as extended pursuant to this subdivision shall hold 17 their respective positions during good behavior and efficient and compe- 18 tent service, and shall not be removable except for cause after a hear- 19 ing as provided by section three thousand twenty-a or section three 20 thousand twenty-b of this chapter. Failure to maintain certification as 21 required by this chapter and the regulations of the commissioner shall 22 constitute cause for removal. 23 8. Subparagraph ii of paragraph (a) of subdivision 1 of section 2573 24 of the education law, as amended by section 3 of subpart D of part EE of 25 chapter 56 of the laws of 2015, is amended to read as follows: 26 ii. Teachers and all other members of the teaching staff appointed on 27 or after July first, two thousand fifteen and authorized by section 28 twenty-five hundred fifty-four of this article, shall be appointed by 29 the board of education, upon the recommendation of the superintendent of 30 schools, for a probationary period of four years, except that in the 31 case of a teacher who has rendered satisfactory service as a regular 32 substitute for a period of two years and, if a classroom teacher, has 33 received annual professional performance review ratings in each of those 34 years, or has rendered satisfactory service as a seasonally licensed per 35 session teacher of swimming in day schools who has served in that capac- 36 ity for a period of two years and has been appointed to teach the same 37 subject in day schools on an annual salary, the teacher shall be 38 appointed for a probationary period of two years; provided, however, 39 that in the case of a teacher who has been appointed on tenure in anoth- 40 er school district within the state, the school district where currently 41 employed, or a board of cooperative educational services, and who was 42 not dismissed from such district or board as a result of charges brought 43 pursuant to subdivision one of section three thousand twenty-a or 44 section three thousand twenty-b of this chapter, the teacher shall be 45 appointed for a probationary period of three years; provided that, in 46 the case of a classroom teacher, the teacher demonstrates that he or she 47 received an annual professional performance review rating pursuant to 48 section three thousand twelve-c or section three thousand twelve-d of 49 this chapter in his or her final year of service in such other school 50 district or board of cooperative educational services; provided, howev- 51 er, that, in the case of a classroom teacher who has been appointed for 52 a probationary period during the two thousand twenty--two thousand twen- 53 ty-one school year and who has been appointed on tenure in another 54 school district within the state, the school district where currently 55 employed, board of cooperative educational services or state school for 56 the blind or deaf, and who was not dismissed from such district, board

S. 5576--C 9 1 or state school for the blind or deaf as a result of charges brought 2 pursuant to section three thousand twenty-a or section three thousand 3 twenty-b of this chapter, such teacher shall be appointed for a proba- 4 tionary period of three years; provided that, in the case of a classroom 5 teacher, such teacher demonstrates that he or she received an annual 6 professional performance review rating pursuant to section three thou- 7 sand twelve-c or section three thousand twelve-d of this chapter in the 8 two thousand seventeen--two thousand eighteen or two thousand eighteen- 9 -two thousand nineteen school year in such other school district, board 10 of cooperative educational services or state school for the blind or 11 deaf; provided further, however, that in cities with a population of one 12 million or more, a teacher appointed under a newly created license, for 13 teachers of reading and of the emotionally handicapped, to a position 14 which the teacher has held for at least two years prior to such appoint- 15 ment while serving on tenure in another license area who was not 16 dismissed as a result of charges brought pursuant to subdivision one of 17 section three thousand twenty-a or section three thousand twenty-b of 18 this chapter, the teacher shall be appointed for a probationary period 19 of two years. The service of a person appointed to any of such positions 20 may be discontinued at any time during such probationary period, on the 21 recommendation of the superintendent of schools, by a majority vote of 22 the board of education. Each person who is not to be recommended for 23 appointment on tenure shall be so notified by the superintendent of 24 schools in writing not later than sixty days immediately preceding the 25 expiration of his or her probationary period. In all city school 26 districts subject to the provisions of this article, failure to maintain 27 certification as required by this article and by the regulations of the 28 commissioner shall be cause for removal within the meaning of subdivi- 29 sion five of this section. 30 9. Paragraph (b) of subdivision 5 of section 2573 of the education 31 law, as added by section 3 of subpart D of part EE of chapter 56 of the 32 laws of 2015, is amended to read as follows: 33 (b) At the expiration of the probationary term of any persons 34 appointed for such term on or after July first, two thousand fifteen, 35 the superintendent of schools shall make a written report to the board 36 of education recommending for permanent appointment those persons who 37 have been found competent, efficient and satisfactory and, in the case 38 of a classroom teacher or building principal, who have received compos- 39 ite annual professional performance review ratings pursuant to section 40 three thousand twelve-c or section three thousand twelve-d of this chap- 41 ter, of either effective or highly effective in at least three of the 42 four preceding years, exclusive of any breaks in service; provided that, 43 in the case of a classroom teacher or building principal appointed 44 during the two thousand seventeen--two thousand eighteen, two thousand 45 eighteen--two thousand nineteen or two thousand nineteen--two thousand 46 twenty school year, who have received composite annual professional 47 performance review ratings pursuant to section three thousand twelve-c 48 or section three thousand twelve-d of this chapter of either effective 49 or highly effective in at least one of the four preceding years, exclu- 50 sive of any breaks in service, and did not receive an ineffective rating 51 in the final year of his or her probationary period or during the most 52 recent school year where a rating was received; provided that, in the 53 case of a classroom teacher or building principal appointed during the 54 two thousand twenty--two thousand twenty-one school year who have 55 received composite annual professional performance review ratings pursu- 56 ant to section three thousand twelve-c or section three thousand

S. 5576--C 10 1 twelve-d of this chapter of either effective or highly effective in at 2 least two of the four preceding years, exclusive of any breaks in 3 service, and did not receive an ineffective rating in the final year of 4 his or her probationary period or during the most recent school year 5 where a rating was received; provided further that, notwithstanding any 6 other provision of this section to the contrary, when a teacher or prin- 7 cipal receives an effective and/or highly effective rating in each year 8 of his or her probationary service except he or she receives an ineffec- 9 tive rating in the final year of his or her probationary period, such 10 teacher or principal shall not be eligible for tenure but the board of 11 education in its discretion, may extend the teacher's probationary peri- 12 od for an additional year; provided, however, that if such teacher or 13 principal successfully appealed such ineffective rating, such teacher or 14 principal shall immediately be eligible for tenure if the rating result- 15 ing from the appeal established that such individual has been effective 16 or highly effective in at least three of the preceding four years. At 17 the expiration of the probationary period, the classroom teacher or 18 building principal shall remain in probationary status until the end of 19 the school year in which such teacher or principal has received such 20 ratings of effective or highly effective for at least three of the four 21 preceding school years, exclusive of any breaks in service and subject 22 to the terms hereof, during which time a board of education shall 23 consider whether to grant tenure for those classroom teachers or build- 24 ing principals who otherwise have been found competent, efficient and 25 satisfactory. Provided, however, that the board of education may grant 26 tenure contingent upon a classroom teacher's or building principal's 27 receipt of a minimum rating in the final year of the probationary peri- 28 od, pursuant to the requirements of this section, and if such contingen- 29 cy is not met after all appeals have been exhausted, the grant of tenure 30 shall be void and unenforceable and the teacher's or principal's proba- 31 tionary period may be extended in accordance with this subdivision. Such 32 persons who have been recommended for tenure and all others employed in 33 the teaching service of the schools of such school district who have 34 served the full probationary period as extended pursuant to this subdi- 35 vision shall hold their respective positions during good behavior and 36 efficient and competent service, and shall not be removable except for 37 cause after a hearing as provided by section three thousand twenty-a or 38 section three thousand twenty-b of this chapter. Failure to maintain 39 certification as required by this chapter and the regulations of the 40 commissioner shall constitute cause for removal. 41 10. Paragraph (b) of subdivision 6 of section 2573 of the education 42 law, as added by section 3 of subpart D of part EE of chapter 56 of the 43 laws of 2015, is amended to read as follows: 44 (b) At the expiration of the probationary term of any persons 45 appointed for such term on or after July first, two thousand fifteen, 46 the superintendent of schools shall make a written report to the board 47 of education recommending for permanent appointment those persons who 48 have been found competent, efficient and satisfactory and, in the case 49 of a classroom teacher or building principal, who have received compos- 50 ite annual professional performance review ratings pursuant to section 51 three thousand twelve-c or section three thousand twelve-d of this chap- 52 ter, of either effective or highly effective in at least three of the 53 four preceding years, exclusive of any breaks in service; provided that, 54 in the case of a classroom teacher or building principal appointed 55 during the two thousand seventeen--two thousand eighteen, two thousand 56 eighteen--two thousand nineteen or two thousand nineteen--two thousand

S. 5576--C 11 1 twenty school year, who have received composite annual professional 2 performance review ratings pursuant to section three thousand twelve-c 3 or section three thousand twelve-d of this chapter of either effective 4 or highly effective in at least one of the four preceding years, exclu- 5 sive of any breaks in service, and did not receive an ineffective rating 6 in the final year of his or her probationary period or during the most 7 recent school year where a rating was received; provided that, in the 8 case of a classroom teacher or building principal appointed during the 9 two thousand twenty--two thousand twenty-one school year who have 10 received composite annual professional performance review ratings pursu- 11 ant to section three thousand twelve-c or section three thousand 12 twelve-d of this chapter of either effective or highly effective in at 13 least two of the four preceding years, exclusive of any breaks in 14 service, and did not receive an ineffective rating in the final year of 15 his or her probationary period or during the most recent school year 16 where a rating was received; provided further that, notwithstanding any 17 other provision of this section to the contrary, when a teacher receives 18 an effective and/or highly effective rating in each year of his or her 19 probationary service except he or she receives an ineffective rating in 20 the final year of his or her probationary period, such teacher or prin- 21 cipal shall not be eligible for tenure but the board of education in its 22 discretion, may extend the teacher's probationary period for an addi- 23 tional year; provided, however, that if such teacher or principal 24 successfully appealed such ineffective rating, such teacher or principal 25 shall immediately be eligible for tenure if the rating resulting from 26 the appeal established that such individual has been effective or highly 27 effective in at least three of the preceding four years and was not 28 ineffective in the final year. At the expiration of the probationary 29 period, the classroom teacher or building principal shall remain in 30 probationary status until the end of the school year in which such 31 teacher or principal has received such ratings of effective or highly 32 effective for at least three of the four preceding school years, exclu- 33 sive of any breaks in service and subject to the terms hereof, during 34 which time a board of education shall consider whether to grant tenure 35 for those classroom teachers or building principals who otherwise have 36 been found competent, efficient and satisfactory. Provided, however, 37 that the board of education may grant tenure contingent upon a classroom 38 teacher's or building principal's receipt of a minimum rating in the 39 final year of the probationary period, pursuant to the requirements of 40 this section, and if such contingency is not met after all appeals have 41 been exhausted, the grant of tenure shall be void and unenforceable and 42 the teacher's or principal's probationary period may be extended in 43 accordance with this subdivision. Such persons who have been recommended 44 for tenure and all others employed in the teaching service of the 45 schools of such school district who have served the full probationary 46 period as extended pursuant to this subdivision shall hold their respec- 47 tive positions during good behavior and efficient and competent service, 48 and shall not be removable except for cause after a hearing as provided 49 by section three thousand twenty-a or section three thousand twenty-b of 50 this chapter. Failure to maintain certification as required by this 51 chapter and the regulations of the commissioner shall constitute cause 52 for removal. 53 11. This act shall take effect immediately.