A03010 Summary:

BILL NOA03010
 
SAME ASSAME AS UNI. S02010
 
SPONSORBudget
 
COSPNSR
 
MLTSPNSR
 
Amd Ed L, generally; amd S34, Chap 91 of 2002; amd S17, Chap 345 of 2009; amd Part A S1, Chap 57 of 2013
 
Relates to admission requirements for graduate-level teacher education programs, institution deregistration and suspension, teacher registration and continuing teacher education requirements; relates to establishing the New York state masters-in-education teacher incentive scholarship program; relates to annual professional performance reviews for classroom teachers and building principals; relates to mayoral control of the school district in New York city; relates to school aid increase linkage.
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A03010 Actions:

BILL NOA03010
 
01/21/2015referred to ways and means
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A03010 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A3010
 
SPONSOR: Budget
  TITLE OF BILL: An act to amend the education law, in relation to admission requirements for graduate-level teacher education programs, institution deregistration and suspension, teacher registration and continuing teacher education requirements (Subpart A); to amend the education law, in relation to establishing the New York state masters- in-education teacher incentive scholarship program (Subpart B); to amend the education law, in relation to the appointment of teachers, princi- pals, administrators, supervisors and all other members of the teaching and supervising staff of school districts (Subpart C); to amend the education law, in relation to takeover and restructuring of failing school districts (Subpart D); to amend the education law, in relation to disciplinary procedures for ineffective teaching or performance by a building principal or teacher (Subpart E); and to amend the education law, in relation to charter schools (Subpart F) (Part A); to amend the education law, in relation to annual professional performance reviews for classroom teachers and building principals (Part B); to amend chap- ter 91 of the laws of 2002 amending the education law and other laws relating to the reorganization of the New York city school construction authority, board of education and community boards, in relation to the effectiveness thereof; and to amend chapter 345 of the laws of 2009 amending the education law relating to the New York city board of educa- tion, chancellor, community councils and community superintendents, in relation to the effectiveness thereof (Part C); and to amend the educa- tion law, in relation to school aid increase linkage and to amend part A of chapter 57 of the laws of 2013 relating to school district eligibil- ity for an increase in apportionment of school aid and implementation of standards for conducting annual professional performance reviews to determine teacher and principal effectiveness, in relation to apportion- ment of general support for public schools (Part D)   PURPOSE: This bill contains various provisions necessary to implement the Educa- tion Opportunity Agenda.   STATEMENT IN SUPPORT, SUMMARY OF PROVISIONS, EXISTING LAW, AND PRIOR LEGISLATIVE HISTORY: This bill would enact provisions to implement the Education Opportunity Agenda. This bill would require the legislative enactment of these provisions to implement the 201516 Executive Budget School Aid increase for the 2015-16 school year Significant provisions of this bill include   PART A Teacher Certification and Preparation. This bill would deregister any teacher preparation programs where fifty percent of the students have failed a teacher certification program for three consecutive years, and add statewide admission requirements to institutions of higher education teacher preparation programs. This bill would require that teachers must re-register their teaching certificate with the State Education Depart- ment every five years, as well as require professional development as a condition of re-registration. Masters-in-Education Scholarship. This bill would provide a scholarship for New York residents to attend the City University of New York or the State University of New York teacher preparation graduate programs, provided they commit to teach in a New York public school for five years. Tenure. This bill would change the tenure process for all new teachers to require that all new teachers shall remain on probation until they receive five consecutive effective or highly effective ratings on the state teacher evaluation system. Failing Schools. This bill would authorize the Commissioner of Education to designate failing schools and appoint a receiver for the underper- forming school or district. The receiver shall have the rights of a superintendent and the school board, and will create and enact a plan to rapidly improve student achievement, which shall include plan elements such as the implementation of community schools, the alteration of curriculum, and the provision of financial incentives to recruit and retain staff Teacher Dismissal. This bill would immediately revoke the teaching certificate of any person who is convicted of a violent felony against a child, as well requiring suspension without pay for any teacher accused of abuse of a child This bill would also require that all disciplinary hearings be held before a single hearing officer, remove requirements which prevent children from testifying in writing or by video, and significantly reduce the burden for a district to remove a teacher that receives two ineffective ratings in a row. Charter Schools. This bill would increase the statewide cap on the number of charters issued by the Board of Regents and the State Univer- sity of New York; remove specific limits on the numbers of charters issued by region; and remove specific limits on the number of charters each authorizer can each issue under the cap. This bill would increase the Charter School Supplemental Basic Tuition to $425 per pupil in 2015-16 and $575 in 2016-17. This bill would also enact new data report- ing requirements and lottery preferences for charter schools.   PART B Teacher Evaluation. This bill would change the components of the teacher evaluation system to remove the local test portion This bill would require the weightings of the score components to be fifty percent state tests and other comparable measures and fifty percent classroom observa- tions. Thirty-five of these fifty percentage points would be determined by an independent observer. This bill would also disallow students from having an ineffective teacher in two consecutive years.   PART C Mayoral Control. This bill would extend the current system of mayoral control of New York City public schools for three years.   PART D Conditioning School Aid increases on Meaningful Reform: This bill would require certain provisions of the Educational Opportunity Agenda to be enacted in order to authorize an increase in a school's district State Aid.   BUDGET IMPLICATIONS Enactment of this bill is necessary to implement the 2015-16 Executive Budget.   EFFECTIVE DATE This bill takes effect April 1, 2015, except that selected provisions take effect immediately or on other specified dates. The provisions of this act shall take effect immediately, provided, however, that the applicable effective date of each part of this act shall be as specifically set forth in the last section of such part.
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A03010 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 2010                                                  A. 3010
 
                SENATE - ASSEMBLY
 
                                    January 21, 2015
                                       ___________
 
        IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
          cle seven of the Constitution -- read twice and ordered  printed,  and
          when printed to be committed to the Committee on Finance
 
        IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
          article seven of the Constitution -- read once  and  referred  to  the
          Committee on Ways and Means
 
        AN ACT to amend the education law, in relation to admission requirements
          for graduate-level teacher education programs, institution deregistra-
          tion  and  suspension,  teacher  registration  and  continuing teacher
          education requirements (Subpart A); to amend  the  education  law,  in
          relation  to  establishing  the  New  York  state masters-in-education
          teacher incentive scholarship program (Subpart B); to amend the educa-
          tion law, in relation to  the  appointment  of  teachers,  principals,
          administrators,  supervisors and all other members of the teaching and
          supervising staff of school districts (Subpart C); to amend the educa-
          tion law, in relation to takeover and restructuring of failing  school
          districts  (Subpart  D);  to  amend  the education law, in relation to
          disciplinary procedures for ineffective teaching or performance  by  a
          building  principal or teacher (Subpart E); and to amend the education
          law, in relation to charter schools (Subpart F) (Part A); to amend the
          education law, in relation to annual professional performance  reviews
          for  classroom  teachers  and  building  principals (Part B); to amend
          chapter 91 of the laws of 2002 amending the education  law  and  other
          laws  relating  to  the  reorganization  of  the  New York city school
          construction authority, board of education and  community  boards,  in
          relation to the effectiveness thereof; and to amend chapter 345 of the
          laws  of 2009 amending the education law relating to the New York city
          board of  education,  chancellor,  community  councils  and  community
          superintendents,  in  relation  to the effectiveness thereof (Part C);
          and to amend the education law, in relation  to  school  aid  increase
          linkage and to amend part A of chapter 57 of the laws of 2013 relating
          to  school  district  eligibility  for an increase in apportionment of
          school aid and  implementation  of  standards  for  conducting  annual
          professional  performance  reviews  to determine teacher and principal
          effectiveness, in relation to apportionment  of  general  support  for
          public schools (Part D)
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12575-01-5

        S. 2010                             2                            A. 3010
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section  1.  This  act enacts into law major components of legislation
     2  which are necessary to implement the state fiscal plan for the 2015-2016
     3  state fiscal year. Each component is  wholly  contained  within  a  Part
     4  identified  as Parts A through D. The effective date for each particular
     5  provision contained within such Part is set forth in the last section of
     6  such Part. Any provision in any section contained within a Part, includ-
     7  ing the effective date of the Part, which makes a reference to a section
     8  "of this act", when used in connection with that  particular  component,
     9  shall  be  deemed  to mean and refer to the corresponding section of the
    10  Part in which it is found. Section three of  this  act  sets  forth  the
    11  general effective date of this act.
 
    12                                   PART A
 
    13    Section  1.  This  act enacts into law components of legislation which
    14  are necessary to implement the provisions relating to the prosecution of
    15  misconduct by public officials. Each component is wholly contained with-
    16  in a Subpart identified as Subparts A through F. The effective date  for
    17  each  particular provision contained within such Subpart is set forth in
    18  the last section of such Subpart. Any provision in any section contained
    19  within a Subpart, including the effective date  of  the  Subpart,  which
    20  makes  a  reference  to a section "of this act", when used in connection
    21  with that particular component, shall be deemed to mean and refer to the
    22  corresponding section of the Subpart in which it is found. Section three
    23  of this act sets forth the general effective date of this act.
 
    24                                  SUBPART A
 
    25    Section 1. The education law is amended by adding a new section  210-a
    26  to read as follows:
    27    §  210-a.  Admission requirements for graduate-level teacher education
    28  programs.  Each institution registered by the department with  graduate-
    29  level teacher education programs shall adopt rigorous selection criteria
    30  geared  to  predicting  a  candidate's  academic success in its program,
    31  including but not limited to, a minimum score  on  the  graduate  record
    32  examination  and/or a substantially equivalent admission examination, as
    33  determined by the institution, and achievement  of  a  cumulative  grade
    34  point average of 3.0 or higher in the candidate's undergraduate program.
    35    §  2.  The  education  law is amended by adding a new section 210-b to
    36  read as follows:
    37    § 210-b. Institution deregistration and suspension. 1. The  department
    38  shall  de-register  and  suspend  the operation of an institution if for
    39  three consecutive academic  years,  fewer  than  fifty  percent  of  its
    40  students pass each examination that they have taken that is required for
    41  certification.    Provided, however, the institution may be permitted to
    42  continue operations if the institution makes a written  request  to  the
    43  department  to  be permitted to continue operations and the commissioner
    44  grants such a request and in writing states specific reasons for  allow-
    45  ing  the  institution to continue operations. For purposes of this para-
    46  graph, students who  have  satisfactorily  completed  the  institution's
    47  program shall mean students who have met each educational requirement of
    48  the  program,  excluding  any institutional requirement that the student
    49  pass each required New York State teacher certification examination  for

        S. 2010                             3                            A. 3010
 
     1  a  teaching  certificate and/or school building leader examination for a
     2  school building leader certificate in order  to  complete  the  program.
     3  Students satisfactorily meeting each educational requirement may include
     4  students  who  earn  a  degree or students who complete each educational
     5  requirement without earning a degree. When making such a  determination,
     6  the  department  shall  consider  the  performance on each certification
     7  examination of those students completing an examination  not  more  than
     8  three  years before the end of the academic year in which the program is
     9  completed or not later than the September thirtieth following the end of
    10  such academic year, where academic year is defined as July first through
    11  June thirtieth, and shall consider only the highest score of individuals
    12  taking a test more than once.
    13    2. The institution may submit an appeal as prescribed by  the  commis-
    14  sioner  in  regulations.  A  de-registered institution shall cease oper-
    15  ations and shall not educate any students while awaiting the commission-
    16  er's decision on their application for re-registration.
    17    3. The department may also, as prescribed by the commissioner in regu-
    18  lations, conduct expedited registration reviews  for  institutions  that
    19  have demonstrated poor performance on student outcomes.
    20    §  3.  Section  3006  of  the education law is amended by adding a new
    21  subdivision 3 to read as follows:
    22    3. Registration. a. Commencing  with  the  two  thousand  fifteen--two
    23  thousand  sixteen  school  year, any holder of a teaching certificate in
    24  the classroom  teaching  service,  teaching  assistant  certificate,  or
    25  educational  leadership certificate that is valid for life as prescribed
    26  by the commissioner in regulations shall be required  to  register  with
    27  the  department  every  five years in accordance with regulations of the
    28  commissioner. Such regulations shall prescribe  the  date  or  dates  by
    29  which  applications  for  initial registration must be submitted and may
    30  provide for staggered initial registration and/or  rolling  re-registra-
    31  tion  so  that  re-registrations  are distributed as equally as possible
    32  throughout the year.
    33    b. The department shall post an application for  registration  on  its
    34  website.  An  application for registration and the required registration
    35  fee shall be submitted together with or as part of the application for a
    36  registration certificate. A person initially certified or resuming prac-
    37  tice after a lapse in registration during the last two years of a  five-
    38  year registration period shall receive a prorated refund of one-fifth of
    39  the total registration fee for each full year of the registration period
    40  that  elapsed  prior  to  the  date of registration. Except as otherwise
    41  provided in this section, the department shall renew the registration of
    42  each certificate holder upon receipt of a proper application, on a  form
    43  prescribed  by the department, and the registration fee. Any certificate
    44  holder who fails to register by the beginning of the appropriate  regis-
    45  tration  period  shall be required to pay an additional fee for the late
    46  filing of ten dollars for each month that registration has been delayed.
    47  No licensee resuming practice after a lapse  of  registration  shall  be
    48  permitted  to  practice  without  actual  possession of the registration
    49  certificate.
    50    c. Any certificate holder who is not engaging in the practice  of  his
    51  or her profession in this state and does not desire to register shall so
    52  advise  the department. Such certificate holder shall not be required to
    53  pay an additional fee for failure to register at the  beginning  of  the
    54  registration period.
    55    d.  Certificate  holders  shall notify the department of any change of
    56  name or mailing address within thirty days of such  change.  Failure  to

        S. 2010                             4                            A. 3010
 
     1  register  or  provide such notice within one hundred eighty days of such
     2  change shall constitute grounds for moral character review under  subdi-
     3  vision seven of section three hundred five of this title.
     4    e.  The  fee  for  replacement  of  a lost registration certificate or
     5  license or for  registration  of  an  additional  office  shall  be  ten
     6  dollars.
     7    f.  An  additional fee of twenty-five dollars shall be charged for the
     8  registration of any applicant whose check has been dishonored, or in the
     9  case of a credit card payment, where the payment is contested and is not
    10  honored by the credit card company.
    11    § 4. The education law is amended by adding a new  section  3006-a  to
    12  read as follows:
    13    §  3006-a.  Registration and continuing teacher education requirements
    14  for holders of  professional  certificates  in  the  classroom  teaching
    15  service,  holders  of level III teaching assistant certificates, holders
    16  of professional certificates in the educational leadership service.   1.
    17  a.  Each  holder of a professional certificate in the classroom teaching
    18  service, holder of a level III teaching assistant certificate and holder
    19  of a professional certificate  in  the  educational  leadership  service
    20  shall  be  required  to register every five years with the department to
    21  practice in the state and  shall  comply  with  the  provisions  of  the
    22  continuing teacher education requirements set forth in this section.
    23    b.  Any  of the certified individuals described in paragraph a of this
    24  section who do not satisfy the continuing teacher education requirements
    25  shall not practice until they have met such requirements, have paid  all
    26  applicable  fees,  and  have  been  issued a registration or conditional
    27  registration certificate.
    28    c. Holders of a professional certificate  in  the  classroom  teaching
    29  service,  holders  of  a  level  III teaching assistance certificate and
    30  holders of a professional  certificate  in  the  educational  leadership
    31  service  and any other certified individual required by the commissioner
    32  to register triennially shall be  exempt  from  the  continuing  teacher
    33  education requirement for the five-year registration period during which
    34  they are first licensed by the department. In accordance with the intent
    35  of  this  section,  adjustments  to  the  continuing  teacher  education
    36  requirement may be granted by  the  department  for  reasons  of  health
    37  certified  by a physician, for extended active duty with armed forces of
    38  the United States, or for other good cause acceptable to the  department
    39  which may prevent compliance.
    40    d.  Certificate  holders who are not practicing as a teacher, teaching
    41  assistant or educational leader in a school district or board of cooper-
    42  ative educational services in  this  state  shall  be  exempt  from  the
    43  continuing  teacher  education  requirement upon the filing of a written
    44  statement with the department declaring such status.  Any  holder  of  a
    45  professional  certificate in the classroom teaching service, holder of a
    46  level III teaching assistant certificate and holder  of  a  professional
    47  certificate  in  the educational leadership service who resumes practice
    48  during the five-year registration period  shall  notify  the  department
    49  prior  to resuming practice and shall pay the current continuing teacher
    50  education fee and shall meet such continuing teacher education  require-
    51  ments as prescribed in regulations of the commissioner.
    52    2.  a. During each five-year registration period beginning on or after
    53  July first, two thousand fifteen, an applicant  for  registration  shall
    54  successfully  complete  a  minimum  of  100  hours of continuing teacher
    55  education, as defined by the commissioner. The  department  shall  issue

        S. 2010                             5                            A. 3010
 
     1  rigorous  standards  for  courses  and  programs  that  shall qualify as
     2  continuing teacher education pursuant to this section.
     3    b. A certified individual who has not satisfied the continuing teacher
     4  education  requirements  shall  not  be  issued a five-year registration
     5  certificate by the department and shall not practice unless and until  a
     6  registration  or  conditional  registration  certificate  is  issued  as
     7  provided in subdivision three of this  section.  For  purposes  of  this
     8  subdivision,  "continuing  teacher  education  requirements"  shall mean
     9  formal programs of learning which contribute to growth  in  the  profes-
    10  sional  knowledge  and professional competence of the certificate holder
    11  which meet the standards prescribed by regulations of the  commissioner.
    12  To  fulfill  the continuing teacher education requirement, programs must
    13  be taken from sponsors approved by the department, pursuant to the regu-
    14  lations of the commissioner.
    15    3. The department, in its discretion, may issue a  conditional  regis-
    16  tration  to  a  teacher,  teaching  assistant or educational leader in a
    17  school district or BOCES in this state who fails to meet the  continuing
    18  education  requirements  established  in subdivision two of this section
    19  but who agrees to make up  any  deficiencies  and  take  any  additional
    20  education  which  the  department may require. The fee for such a condi-
    21  tional registration shall be the same as, and in addition  to,  the  fee
    22  for  the triennial registration. The duration of such conditional regis-
    23  tration shall be determined by the department. Any holder of  a  profes-
    24  sional  certificate in the classroom teaching service, holder of a level
    25  III teaching assistant certificate or holder of a  professional  certif-
    26  icate  in  the  educational  leadership  service and any other certified
    27  individual required by the commissioner to register triennially  who  is
    28  notified  of  the denial of registration for failure to submit evidence,
    29  satisfactory to the department, of required continuing education and who
    30  practices without such registration, shall be subject to moral character
    31  review under subdivision seven of section three  hundred  five  of  this
    32  title.
    33    4.  The registration fee shall be determined by the regents, and shall
    34  be payable on or before the first day  of  each  triennial  registration
    35  period.
    36    §  5.  This  act  shall  take  effect  July 1, 2015, provided that the
    37  authority of the board of regents  to  adopt  regulations  necessary  to
    38  implement  the  provisions of this act on such effective date shall take
    39  effect immediately.
 
    40                                  SUBPART B
 
    41    Section 1. The education law is amended by adding a new section  669-f
    42  to read as follows:
    43    §  669-f. New York state masters-in-education teacher incentive schol-
    44  arship program. 1.   Eligibility. Students who are  matriculated  in  an
    45  approved master's degree in education program at a New York state public
    46  institution  of  higher  education  leading  to a career as a teacher in
    47  public elementary or secondary education shall be eligible for an  award
    48  under  this section, provided the applicant: (a) earned an undergraduate
    49  degree from a college located in New York state;  (b)  was  a  New  York
    50  state  resident  while  earning  such undergraduate degree; (c) achieved
    51  academic excellence as an  undergraduate  student,  as  defined  by  the
    52  corporation in regulation; (d) enrolls in full-time study in an approved
    53  master's degree in education program at a New York state public institu-
    54  tion  of  higher  education  leading  to a career as a teacher in public

        S. 2010                             6                            A. 3010
 
     1  elementary or secondary education; (e) signs a contract with the  corpo-
     2  ration agreeing to teach in a classroom setting on a full-time basis for
     3  five  years  in  a school located within New York state providing public
     4  elementary  or secondary education recognized by the board of regents or
     5  the university of the state  of  New  York,  including  charter  schools
     6  authorized  pursuant  to  article  fifty-six  of  this  chapter; and (f)
     7  complies with the applicable provisions of this article and all require-
     8  ments promulgated by the  corporation  for  the  administration  of  the
     9  program.
    10    2.  Within  amounts  appropriated therefor, awards shall be granted to
    11  applicants that the corporation has certified are  eligible  to  receive
    12  such  awards. Up to five hundred awards may be granted to new recipients
    13  annually. Such awards shall be granted  upon  successful  completion  of
    14  each term, as defined by the corporation.
    15    3.  An  award  shall  entitle the recipient to annual payments for not
    16  more than two academic years of  full-time  graduate  study  leading  to
    17  certification as an elementary or secondary classroom teacher.
    18    4.  The  corporation shall grant such awards in an amount equal to the
    19  annual tuition charged to state resident students attending  a  graduate
    20  program full-time at the state university of New York, or actual tuition
    21  charged,  whichever  is  less;  provided,  however,  (i)  a  student who
    22  receives educational grants and/or scholarships that cover the student's
    23  full cost of attendance shall not be eligible for an  award  under  this
    24  program; (ii) for a student who receives educational grants and/or scho-
    25  larships  that  cover  less  than the student's full cost of attendance,
    26  such grants and/or scholarships shall not be deemed duplicative of  this
    27  program  and  may be held concurrently with an award under this program,
    28  provided that the combined benefits do not  exceed  the  student's  full
    29  cost  of  attendance;  and  (iii)  an  award under this program shall be
    30  applied to tuition after the application of all other educational grants
    31  and scholarships limited to tuition and shall be reduced  in  an  amount
    32  equal  to such educational grants and/or scholarships. Upon notification
    33  of an award under this program, the institution shall defer  the  amount
    34  of tuition equal to the award. No award shall be final until the recipi-
    35  ent's successful completion of a term has been certified by the institu-
    36  tion.  A  recipient of an award under this program shall not be eligible
    37  for an award under the New York state math and science  teaching  incen-
    38  tive program.
    39    5.  The corporation shall convert to a student loan the full amount of
    40  the award granted pursuant to this section, plus interest, according  to
    41  a  schedule  to be determined by the corporation if: (a) two years after
    42  the completion of the degree program  and  receipt  of  initial  certif-
    43  ication  it is found that a recipient is not teaching in a public school
    44  located within New York state providing elementary or  secondary  educa-
    45  tion  recognized  by the board of regents or the university of the state
    46  of New York, including charter schools authorized  pursuant  to  article
    47  fifty-six  of  this  chapter; (b) a recipient has not taught in a public
    48  school located within New York state providing elementary  or  secondary
    49  education  recognized  by  the board of regents or the university of the
    50  state of New York, including  charter  schools  authorized  pursuant  to
    51  article  fifty-six of this chapter for five of the seven years after the
    52  completion of the graduate degree program and receipt of initial certif-
    53  ication; (c) a recipient fails to complete his or  her  graduate  degree
    54  program  in  education; (d) a recipient fails to receive or maintain his
    55  or her teaching certificate or license in  New  York  state;  or  (e)  a
    56  recipient fails to respond to requests by the corporation for the status

        S. 2010                             7                            A. 3010
 
     1  of  his  or  her academic or professional progress. The terms and condi-
     2  tions of this subdivision shall be  deferred  for  any  interruption  in
     3  graduate study or employment as established by the rules and regulations
     4  of  the  corporation.  Any  obligation to comply with such provisions as
     5  outlined in this section shall be cancelled upon the death of the recip-
     6  ient. Notwithstanding any provisions of this subdivision to the  contra-
     7  ry, the corporation is authorized to promulgate rules and regulations to
     8  provide  for  the waiver or suspension of any financial obligation which
     9  would involve extreme hardship.
    10    6. The corporation is authorized to promulgate rules and  regulations,
    11  and  may promulgate emergency regulations, necessary for the implementa-
    12  tion of the provisions of this section including, but  not  limited  to,
    13  the criteria for the provision of awards on a competitive basis, and the
    14  rate of interest charged for repayment of the student loan.
    15    §  2.  This  act  shall take effect immediately and shall be deemed to
    16  have been in full force and effect on and after April 1, 2015.
 
    17                                  SUBPART C
 
    18    Section 1. Paragraphs (a) and (b) of subdivision 1 of section 2509  of
    19  the  education  law, paragraph (a) as amended by chapter 551 of the laws
    20  of 1976, and paragraph (b) as amended by chapter  468  of  the  laws  of
    21  1975, are amended to read as follows:
    22    (a)  i.  Teachers  and  all  other  members  of  the teaching staff[,]
    23  appointed prior to July first, two thousand fifteen  and  authorized  by
    24  section twenty-five hundred three of this article, shall be appointed by
    25  the board of education, upon the recommendation of the superintendent of
    26  schools,  for  a  probationary period of three years, except that in the
    27  case of a teacher who has rendered satisfactory  service  as  a  regular
    28  substitute  for  a  period  of two years or as a seasonally licensed per
    29  session teacher of swimming in day schools who has served in that capac-
    30  ity for a period of two years and has been appointed to teach  the  same
    31  subject  in  day  schools  on  an annual salary, the probationary period
    32  shall be limited to one year; provided, however, that in the case  of  a
    33  teacher  who  has  been  appointed  on tenure in another school district
    34  within the state, the school district where  currently  employed,  or  a
    35  board  of  cooperative  educational  services, and who was not dismissed
    36  from such district or board as a result of charges brought  pursuant  to
    37  subdivision  one of section three thousand twenty-a of this chapter, the
    38  probationary period shall not exceed two years. The service of a  person
    39  appointed  to  any  of  such  positions  may be discontinued at any time
    40  during such probationary period, on the  recommendation  of  the  super-
    41  intendent of schools, by a majority vote of the board of education. Each
    42  person  who  is not to be recommended for appointment on tenure shall be
    43  so notified by the superintendent of schools in writing not  later  than
    44  sixty  days  immediately  preceding  the  expiration of his probationary
    45  period.
    46    ii. Notwithstanding any other provision of law or  regulation  to  the
    47  contrary, teachers and all other members of the teaching staff appointed
    48  on  or  after July first, two thousand fifteen and authorized by section
    49  twenty-five hundred three of this article, shall  be  appointed  by  the
    50  board  of  education,  upon  the recommendation of the superintendent of
    51  schools, for a probationary period of five years,  except  that  in  the
    52  case  of  a  teacher  who has rendered satisfactory service as a regular
    53  substitute for a period of two years or as  a  seasonally  licensed  per
    54  session teacher of swimming in day schools who has served in that capac-

        S. 2010                             8                            A. 3010
 
     1  ity  for  a period of two years and has been appointed to teach the same
     2  subject in day schools  on  an  annual  salary,  the  teacher  shall  be
     3  appointed  for  a probationary period of three years; provided, however,
     4  that in the case of a teacher who has been appointed on tenure in anoth-
     5  er school district within the state, the school district where currently
     6  employed,  or  a  board of cooperative educational services, and who was
     7  not dismissed from such district or board as a result of charges brought
     8  pursuant to subdivision one of section three thousand twenty-a  of  this
     9  chapter,  the  teacher  shall  be appointed for a probationary period of
    10  four years. The service of a person appointed to any of  such  positions
    11  may  be discontinued at any time during such probationary period, on the
    12  recommendation of the superintendent of schools, by a majority  vote  of
    13  the  board  of  education.  Each person who is not to be recommended for
    14  appointment on tenure shall be so  notified  by  the  superintendent  of
    15  schools  in  writing not later than sixty days immediately preceding the
    16  expiration of his/her probationary period.
    17    (b) i. Administrators,  directors,  supervisors,  principals  and  all
    18  other  members of the supervising staff, except associate, assistant and
    19  other superintendents[,] appointed prior to  July  first,  two  thousand
    20  fifteen  and  authorized  by  section  twenty-five hundred three of this
    21  article, shall be appointed by the board of education, upon  the  recom-
    22  mendation  of the superintendent of schools for a probationary period of
    23  three years. The service of a person appointed to any of such  positions
    24  may  be  discontinued  at any time during the probationary period on the
    25  recommendation of the superintendent of schools, by a majority  vote  of
    26  the board of education.
    27    ii.  Notwithstanding  any  other provision of law or regulation to the
    28  contrary, administrators, directors,  supervisors,  principals  and  all
    29  other  members of the supervising staff, except associate, assistant and
    30  other superintendents, appointed on or after July  first,  two  thousand
    31  fifteen  and  authorized  by  section  twenty-five hundred three of this
    32  article, shall be appointed by the board of education, upon  the  recom-
    33  mendation  of the superintendent of schools for a probationary period of
    34  five years. The service of a person appointed to any of  such  positions
    35  may  be  discontinued  at any time during the probationary period on the
    36  recommendation of the superintendent of schools, by a majority  vote  of
    37  the board of education.
    38    § 2. Subdivision 2 of section 2509 of the education law, as amended by
    39  section  6  of  part  A of chapter 57 of the laws of 2007, is amended to
    40  read as follows:
    41    2. a. At the expiration  of  the  probationary  term  of  any  persons
    42  appointed  for  such  term prior to July first, two thousand fifteen, or
    43  within six months prior thereto, the  superintendent  of  schools  shall
    44  make  a  written  report  to  the  board  of  education recommending for
    45  appointment on tenure those persons who have been found competent, effi-
    46  cient and satisfactory[, consistent with any  applicable  rules  of  the
    47  board  of regents adopted pursuant to section three thousand twelve-b of
    48  this chapter]. By a majority  vote  the  board  of  education  may  then
    49  appoint  on  tenure  any or all of the persons recommended by the super-
    50  intendent of schools. Such persons and all others employed in the teach-
    51  ing service of the schools of such school district who have  served  the
    52  full  probationary  period  shall hold their respective positions during
    53  good behavior and efficient and competent  service,  and  shall  not  be
    54  removable  except for cause after a hearing as provided by section three
    55  thousand twenty-a of [such law]  this  chapter.    Failure  to  maintain

        S. 2010                             9                            A. 3010
 
     1  certification  as  required  by  this chapter and the regulations of the
     2  commissioner of education shall constitute cause for removal.
     3    b. For persons appointed on or after July first, two thousand fifteen,
     4  at  the expiration of the probationary term of any persons appointed for
     5  such term, or within six months prior  thereto,  the  superintendent  of
     6  schools shall make a written report to the board of education recommend-
     7  ing  for  appointment on tenure those persons who have been found compe-
     8  tent, efficient and satisfactory and in the case of a classroom  teacher
     9  or  building  principal, who have received composite annual professional
    10  performance review ratings pursuant to three thousand twelve-c  of  this
    11  chapter,  of  either  effective  or highly effective in each of the five
    12  preceding years. By a majority vote, the board  of  education  may  then
    13  appoint  on  tenure  any or all of the persons recommended by the super-
    14  intendent of schools. Notwithstanding any other provision of  law,  rule
    15  or  regulation to the contrary, if no affirmative action is taken by the
    16  board of education to terminate a classroom teacher or building  princi-
    17  pal,  or  to  approve  or deny tenure to a classroom teacher or building
    18  principal at the expiration of the probationary  period,  the  classroom
    19  teacher  or building principal shall remain in probationary status until
    20  the end of the school year  in  which  such  teacher  or  principal  has
    21  received  such  ratings  of  effective  or highly effective for the five
    22  preceding school years, during which time a  board  of  education  shall
    23  either  discontinue  the services of such person, deny tenure or approve
    24  tenure for those classroom teachers or building principals who otherwise
    25  have been found competent, efficient and satisfactory. Provided,  howev-
    26  er,  that  the  board  of  education  may grant tenure contingent upon a
    27  classroom teacher's or building principal's receipt of such a rating  of
    28  effective or highly effective in the fifth year, and if such contingency
    29  is  not met, the grant of tenure shall be void and unenforceable and the
    30  teacher's or  principal's  probationary  period  shall  be  extended  in
    31  accordance with this subdivision. Such persons who have been recommended
    32  for  tenure  and  all  others  employed  in  the teaching service of the
    33  schools of such school district who have served  the  full  probationary
    34  period as extended pursuant to this subdivision shall hold their respec-
    35  tive positions during good behavior and efficient and competent service,
    36  and  shall not be removable except for cause after a hearing as provided
    37  by section three thousand twenty-a of this chapter. Failure to  maintain
    38  certification  as  required  by  this chapter and the regulations of the
    39  commissioner of education shall constitute cause for removal.
    40    § 3. Subdivisions 1, 5 and 6 of section 2573  of  the  education  law,
    41  subdivision  1  as amended by chapter 732 of the laws of 1971, paragraph
    42  (a) of subdivision 1 as amended by chapter 640  of  the  laws  of  1983,
    43  paragraph  (b) of subdivision 1 as amended by chapter 468 of the laws of
    44  1975, subdivision 5 and 6 as amended by section 7 of part A  of  chapter
    45  57 of the laws of 2007, are amended to read as follows:
    46    1.  (a)  i.  Teachers  and  all  other  members of the teaching staff,
    47  appointed prior to July first, two thousand fifteen  and  authorized  by
    48  section  twenty-five  hundred  fifty-four  of  this  article,  shall  be
    49  appointed by the board of education,  upon  the  recommendation  of  the
    50  superintendent  of  schools,  for  a probationary period of three years,
    51  except that in the case of  a  teacher  who  has  rendered  satisfactory
    52  service  as  a  regular  substitute  for  a  period of two years or as a
    53  seasonally licensed per session teacher of swimming in day  schools  who
    54  has  served  in  that  capacity  for  a period of two years and has been
    55  appointed to teach the same subject in day schools on an annual  salary,
    56  the probationary period shall be limited to one year; provided, however,

        S. 2010                            10                            A. 3010
 
     1  that in the case of a teacher who has been appointed on tenure in anoth-
     2  er school district within the state, the school district where currently
     3  employed,  or  a  board of cooperative educational services, and who was
     4  not dismissed from such district or board as a result of charges brought
     5  pursuant  to  subdivision one of section three thousand twenty-a of this
     6  chapter, the probationary period shall not exceed two  years;  provided,
     7  however,  that  in  cities  with  a population of one million or more, a
     8  teacher appointed under a newly created license, for teachers of reading
     9  and of the emotionally handicapped, to a position which the teacher  has
    10  held  for  at least two years prior to such appointment while serving on
    11  tenure in another license area who was not  dismissed  as  a  result  of
    12  charges  brought  pursuant  to subdivision one of section three thousand
    13  twenty-a of this chapter, the probationary period shall be one year. The
    14  service of a person appointed to any of such positions may be discontin-
    15  ued at any time during such probationary period, on  the  recommendation
    16  of  the  superintendent  of  schools, by a majority vote of the board of
    17  education.  Each person who is not to be recommended for appointment  on
    18  tenure  shall be so notified by the superintendent of schools in writing
    19  not later than sixty days immediately preceding the  expiration  of  his
    20  probationary  period.  In  city  school districts having a population of
    21  four hundred thousand or more,  persons  with  licenses  obtained  as  a
    22  result  of examinations announced subsequent to the twenty-second day of
    23  May, nineteen hundred sixty-nine  appointed  upon  conditions  that  all
    24  announced  requirements for the position be fulfilled within a specified
    25  period of time, shall not acquire tenure unless and until such  require-
    26  ments  have been completed within the time specified for the fulfillment
    27  of such requirements, notwithstanding the expiration of any probationary
    28  period.  In all other city school districts subject to the provisions of
    29  this article, failure to maintain  certification  as  required  by  this
    30  article and by the regulations of the commissioner of education shall be
    31  cause  for  removal  within  the  meaning  of  subdivision  five of this
    32  section.
    33    ii. Teachers and all other members of the teaching staff appointed  on
    34  or  after  July  first,  two  thousand fifteen and authorized by section
    35  twenty-five hundred fifty-four of this article, shall  be  appointed  by
    36  the board of education, upon the recommendation of the superintendent of
    37  schools,  for  a  probationary  period of five years, except that in the
    38  case of a teacher who has rendered satisfactory  service  as  a  regular
    39  substitute  for  a  period  of two years or as a seasonally licensed per
    40  session teacher of swimming in day schools who has served in that capac-
    41  ity for a period of two years and has been appointed to teach  the  same
    42  subject  in  day  schools  on  an  annual  salary,  the teacher shall be
    43  appointed for a probationary period of three years;  provided,  however,
    44  that in the case of a teacher who has been appointed on tenure in anoth-
    45  er school district within the state, the school district where currently
    46  employed,  or  a  board of cooperative educational services, and who was
    47  not dismissed from such district or board as a result of charges brought
    48  pursuant to subdivision one of section three thousand twenty-a  of  this
    49  chapter,  the  teacher  shall  be appointed for a probationary period of
    50  four years; provided, however, that in cities with a population  of  one
    51  million  or more, a teacher appointed under a newly created license, for
    52  teachers of reading and of the emotionally handicapped,  to  a  position
    53  which the teacher has held for at least two years prior to such appoint-
    54  ment  while  serving  on  tenure  in  another  license  area who was not
    55  dismissed as a result of charges brought pursuant to subdivision one  of
    56  section  three  thousand  twenty-a of this chapter, the teacher shall be

        S. 2010                            11                            A. 3010
 
     1  appointed for a probationary period of three years.   The service  of  a
     2  person  appointed  to  any  of such positions may be discontinued at any
     3  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 probationary
     8  period. In all city school districts subject to the provisions  of  this
     9  article,  failure  to maintain certification as required by this article
    10  and by the regulations of the commissioner of education shall  be  cause
    11  for removal within the meaning of subdivision five of this section.
    12    (b)  i.  Administrators,  directors,  supervisors,  principals and all
    13  other members of the  supervising  staff,  except  executive  directors,
    14  associate, assistant, district and community superintendents and examin-
    15  ers,  appointed prior to July first, two thousand fifteen and authorized
    16  by section twenty-five hundred fifty-four  of  this  article,  shall  be
    17  appointed  by  the  board  of  education, upon the recommendation of the
    18  superintendent or chancellor of schools, for a  probationary  period  of
    19  three  years. The service of a person appointed to any of such positions
    20  may be discontinued at any time during the probationary  period  on  the
    21  recommendation  of  the superintendent of schools, by a majority vote of
    22  the board of education.
    23    ii. Administrators, directors, supervisors, principals and  all  other
    24  members of the supervising staff, except executive directors, associate,
    25  assistant,   district   and  community  superintendents  and  examiners,
    26  appointed on or after July 1, 2015 and authorized by section twenty-five
    27  hundred fifty-four of this article, shall be appointed by the  board  of
    28  education,  upon  the recommendation of the superintendent or chancellor
    29  of schools, for a probationary period of five years provided  that  such
    30  probationary  period may be extended in accordance with paragraph (b) of
    31  subdivision five of this section. The service of a person  appointed  to
    32  any  of such positions may be discontinued at any time during the proba-
    33  tionary period on the recommendation of the superintendent  of  schools,
    34  by a majority vote of the board of education.
    35    5.  (a)  At  the  expiration  of  the probationary term of any persons
    36  appointed for such term prior to July first, two thousand  fifteen,  the
    37  superintendent  of  schools  shall make a written report to the board of
    38  education recommending for permanent appointment those persons who  have
    39  been  found  competent, efficient and satisfactory[, consistent with any
    40  applicable rules of the board of regents  adopted  pursuant  to  section
    41  three  thousand  twelve-b  of this chapter]. Such persons and all others
    42  employed in the teaching, service of the schools of  a  city,  who  have
    43  served  the  full probationary period, shall hold their respective posi-
    44  tions during good behavior and  efficient  and  competent  service,  and
    45  shall  not  be removable except for cause after a hearing as provided by
    46  section three thousand twenty-a of this chapter.
    47    (b) At  the  expiration  of  the  probationary  term  of  any  persons
    48  appointed  for  such  term on or after July first, two thousand fifteen,
    49  the superintendent of schools shall make a written report to  the  board
    50  of  education  recommending  for permanent appointment those persons who
    51  have been found competent, efficient and satisfactory and, in  the  case
    52  of  a classroom teacher or building principal, who have received compos-
    53  ite annual professional performance review ratings pursuant  to  section
    54  three  thousand  twelve-c of this chapter, of either effective or highly
    55  effective in each of the five preceding years. Notwithstanding any other
    56  provision of law, rule or regulation to the contrary, if no  affirmative

        S. 2010                            12                            A. 3010
 
     1  action  is  taken  by  the  board  of education to terminate a classroom
     2  teacher or building principal, or to approve or deny tenure to a  class-
     3  room teacher or building principal at the expiration of the probationary
     4  period,  the  classroom  teacher  or  building principal shall remain in
     5  probationary status until the end of  the  school  year  in  which  such
     6  teacher  or  principal  has received such ratings of effective or highly
     7  effective for the five preceding school years, during which time a board
     8  of education shall either discontinue the services of such person,  deny
     9  tenure  or approve tenure for those classroom teachers or building prin-
    10  cipals who otherwise have been found competent, efficient and  satisfac-
    11  tory.  Provided,  however,  that the board of education may grant tenure
    12  contingent upon a classroom teacher's or building principal's receipt of
    13  such a rating of effective or highly effective in the fifth year, and if
    14  such contingency is not met, the grant of tenure shall be void and unen-
    15  forceable and the teacher's or principal's probationary period shall  be
    16  extended in accordance with this subdivision. Such persons who have been
    17  recommended  for  tenure and all others employed in the teaching service
    18  of the schools of such school district who have served the  full  proba-
    19  tionary period as extended pursuant to this subdivision shall hold their
    20  respective  positions  during  good behavior and efficient and competent
    21  service, and shall not be removable except for cause after a hearing  as
    22  provided by section three thousand twenty-a of this chapter.  Failure to
    23  maintain  certification  as required by this chapter and the regulations
    24  of the commissioner of education shall constitute cause for removal.
    25    6. (a) In a city having a population of four hundred thousand or more,
    26  at the expiration of the probationary term of any persons appointed  for
    27  such  term prior to July first, two thousand fifteen, the superintendent
    28  of schools shall make a written report to the board of education  recom-
    29  mending  for  permanent  appointment  those  persons who have been found
    30  satisfactory[, consistent with any applicable  rules  of  the  board  of
    31  regents  adopted  pursuant  to  section  three thousand twelve-b of this
    32  chapter], and such board of education shall immediately thereafter issue
    33  to such persons permanent certificates of appointment.  Such persons and
    34  all others employed in the teaching service of the schools of such city,
    35  who have served the full probationary  period  shall  receive  permanent
    36  certificates  to  teach  issued  to them by the certificating authority,
    37  except as otherwise provided in subdivision ten-a of this  section,  and
    38  shall hold their respective positions during good behavior and satisfac-
    39  tory teaching service, and shall not be removable except for cause after
    40  a  hearing  as provided by section three thousand twenty-a of this chap-
    41  ter.
    42    (b) At  the  expiration  of  the  probationary  term  of  any  persons
    43  appointed  for  such  term on or after July first, two thousand fifteen,
    44  the superintendent of schools shall make a written report to  the  board
    45  of  education  recommending  for permanent appointment those persons who
    46  have been found competent, efficient and satisfactory and, in  the  case
    47  of  a classroom teacher or building principal, who have received compos-
    48  ite annual professional performance review ratings pursuant  to  section
    49  three  thousand  twelve-c of this chapter, of either effective or highly
    50  effective in each of the five preceding years. Notwithstanding any other
    51  provision of law, rule or regulation to the contrary, if no  affirmative
    52  action  is  taken  by  the  board  of education to terminate a classroom
    53  teacher or building principal, or to approve or deny tenure to a  class-
    54  room teacher or building principal at the expiration of the probationary
    55  period,  the  classroom  teacher  or  building principal shall remain in
    56  probationary status until the end of  the  school  year  in  which  such

        S. 2010                            13                            A. 3010
 
     1  teacher  or  principal  has received such ratings of effective or highly
     2  effective for the five preceding school years, during which time a board
     3  of education shall either discontinue the services of such person,  deny
     4  tenure  or approve tenure for those classroom teachers or building prin-
     5  cipals who otherwise have been found competent, efficient and  satisfac-
     6  tory.  Provided,  however,  that the board of education may grant tenure
     7  contingent upon a classroom teacher's or building principal's receipt of
     8  such a rating of effective or highly effective in the fifth year, and if
     9  such contingency is not met, the grant of tenure shall be void and unen-
    10  forceable and the teacher's or principal's probationary period shall  be
    11  extended in accordance with this subdivision. Such persons who have been
    12  recommended  for  tenure and all others employed in the teaching service
    13  of the schools of such school district who have served the  full  proba-
    14  tionary period as extended pursuant to this subdivision shall hold their
    15  respective  positions  during  good behavior and efficient and competent
    16  service, and shall not be removable except for cause after a hearing  as
    17  provided by section three thousand twenty-a of this chapter.  Failure to
    18  maintain  certification  as required by this chapter and the regulations
    19  of the commissioner of education shall constitute cause for removal.
    20    § 4. Section 3012 of the education law, the section heading as amended
    21  by chapter 358 of the laws of 1978, subdivision 1 as amended by  chapter
    22  442  of  the  laws of 1980, paragraph (a) of subdivision 1 as amended by
    23  chapter 737 of the laws of 1992, subdivision 2 as amended by  section  8
    24  of  part  A of chapter 57 of the laws of 2007, subdivision 3 as added by
    25  chapter 859 of the laws of 1955 and as renumbered by chapter 717 of  the
    26  laws of 1970, is amended to read as follows:
    27    § 3012. Tenure:  certain school districts.  1. (a) i. Teachers and all
    28  other members of the  teaching  staff  of  school  districts,  including
    29  common  school  districts  and/or  school districts employing fewer than
    30  eight teachers, other than city  school  districts,  who  are  appointed
    31  prior  to  July  first,  two thousand fifteen, shall be appointed by the
    32  board of education, or the trustees of common school districts, upon the
    33  recommendation of the superintendent  of  schools,  for  a  probationary
    34  period  of  three  years,  except  that in the case of a teacher who has
    35  rendered satisfactory service as a regular substitute for  a  period  of
    36  two years or as a seasonally licensed per session teacher of swimming in
    37  day  schools  who  has served in that capacity for a period of two years
    38  and has been appointed to teach the same subject in day schools,  on  an
    39  annual  salary,  the  probationary  period shall be limited to one year;
    40  provided, however, that in the case of a teacher who has been  appointed
    41  on  tenure  in  another  school  district  within  the state, the school
    42  district where currently employed, or a board of cooperative educational
    43  services, and who was not dismissed from such district  or  board  as  a
    44  result  of  charges brought pursuant to subdivision one of section three
    45  thousand twenty-a of this [chapter]  article,  the  probationary  period
    46  shall  not exceed two years. The service of a person appointed to any of
    47  such positions may be discontinued at any time during such  probationary
    48  period,  on  the  recommendation  of the superintendent of schools, by a
    49  majority vote of the board of education or  the  trustees  of  a  common
    50  school district.
    51    ii.  Teachers  and  all  other members of the teaching staff of school
    52  districts, including common school  districts  and/or  school  districts
    53  employing  fewer  than eight teachers, other than city school districts,
    54  who are appointed on or after July first, two thousand fifteen, shall be
    55  appointed by the board of education, or the trustees  of  common  school
    56  districts, upon the recommendation of the superintendent of schools, for

        S. 2010                            14                            A. 3010
 
     1  a probationary period of five years, except that in the case of a teach-
     2  er  who  has rendered satisfactory service as a regular substitute for a
     3  period of two years or as a seasonally licensed per session  teacher  of
     4  swimming  in day schools who has served in that capacity for a period of
     5  two years and has been appointed  to  teach  the  same  subject  in  day
     6  schools,  on  an  annual  salary,  the  teacher shall be appointed for a
     7  probationary period of three years; provided, however, that in the  case
     8  of a teacher who has been appointed on tenure 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 of this article,  the
    13  teacher  shall be appointed for a probationary period of four years. The
    14  service of a person appointed to any of such positions may be discontin-
    15  ued at any time during such probationary period, on  the  recommendation
    16  of  the  superintendent  of  schools, by a majority vote of the board of
    17  education or the trustees of a common school district.
    18    (b) i. Principals, administrators, supervisors and all  other  members
    19  of  the  supervising  staff of school districts, including common school
    20  districts and/or school districts employing fewer than  eight  teachers,
    21  other than city school districts, who are appointed prior to July first,
    22  two  thousand  fifteen, shall be appointed by the board of education, or
    23  the trustees of a common school district, upon the recommendation of the
    24  superintendent of schools for a probationary period of three years.  The
    25  service of a person appointed to any of such positions may be discontin-
    26  ued  at any time during the probationary period on the recommendation of
    27  the superintendent of schools, by a majority vote of the board of educa-
    28  tion or the trustees of a common school district.
    29    ii. Principals, administrators, supervisors and all other  members  of
    30  the  supervising  staff  of  school  districts,  including common school
    31  districts and/or school districts employing fewer than  eight  teachers,
    32  other  than  city  school  districts, who are appointed on or after July
    33  first, two thousand fifteen, shall be appointed by the board  of  educa-
    34  tion,  or the trustees of a common school district, upon the recommenda-
    35  tion of the superintendent of schools for a probationary period of  five
    36  years. The service of a person appointed to any of such positions may be
    37  discontinued at any time during the probationary period on the recommen-
    38  dation of the superintendent of schools, by a majority vote of the board
    39  of education or the trustees of a common school district.
    40    (c) Any person previously appointed to tenure or a probationary period
    41  pursuant  to the provisions of former section three thousand thirteen of
    42  this [chapter] article shall continue  to  hold  such  position  and  be
    43  governed  by the provisions of this section notwithstanding any contrary
    44  provision of law.
    45    2. (a) At  the  expiration  of  the  probationary  term  of  a  person
    46  appointed  for  such  term  prior  to  July first, two thousand fifteen,
    47  subject to the conditions of this section, the superintendent of schools
    48  shall make a written report to the board of education or the trustees of
    49  a common school district recommending for appointment  on  tenure  those
    50  persons  who  have  been  found  competent, efficient and satisfactory[,
    51  consistent with any applicable rules of the  board  of  regents  adopted
    52  pursuant  to  section  three  thousand  twelve-b  of this article]. Such
    53  persons, and all others employed in the teaching service of the  schools
    54  of such union free school district, common school district and/or school
    55  district employing fewer than eight teachers, who have served the proba-
    56  tionary  period as provided in this section, shall hold their respective

        S. 2010                            15                            A. 3010
 
     1  positions during good behavior and efficient and competent service,  and
     2  shall  not  be  removed  except for any of the following causes, after a
     3  hearing, as provided by section three thousand twenty-a  of  [such  law]
     4  this  article:   (a) insubordination, immoral character or conduct unbe-
     5  coming a teacher; (b) inefficiency,  incompetency,  physical  or  mental
     6  disability, or neglect of duty; (c) failure to maintain certification as
     7  required  by  this  chapter  and by the regulations of the commissioner.
     8  Each person who is not to be  recommended  for  appointment  on  tenure,
     9  shall  be  so  notified  by the superintendent of schools in writing not
    10  later than sixty days immediately preceding the expiration of his proba-
    11  tionary period.
    12    (b) At the expiration of the probationary term of a  person  appointed
    13  for  such  term on or after July first, two thousand fifteen, subject to
    14  the conditions of this section, the superintendent of schools shall make
    15  a written report to the board of education or the trustees of  a  common
    16  school district recommending for appointment on tenure those persons who
    17  have  been  found competent, efficient and satisfactory and, in the case
    18  of a classroom teacher or building principal, who have received  compos-
    19  ite  annual  professional performance review ratings pursuant to section
    20  three thousand twelve-c of this article, of either effective  or  highly
    21  effective in each of the five preceding years. Notwithstanding any other
    22  provision  of law, rule or regulation to the contrary, if no affirmative
    23  action is taken by the trustees or board of  education  to  terminate  a
    24  classroom teacher or building principal, or to approve or deny tenure to
    25  a  classroom  teacher  or  building  principal  at the expiration of the
    26  probationary period, the classroom teacher or building  principal  shall
    27  remain  in probationary status until the end of the school year in which
    28  such teacher or principal has received  such  ratings  of  effective  or
    29  highly  effective for the five preceding school years, during which time
    30  the trustees or board of education shall either discontinue the services
    31  of such person, deny tenure or approve tenure for those classroom teach-
    32  ers or building principals who  otherwise  have  been  found  competent,
    33  efficient  and  satisfactory.  Provided,  however,  that the trustees or
    34  board of education may grant tenure contingent upon a  classroom  teach-
    35  er's  or  building  principal's receipt of such a rating of effective or
    36  highly effective in the fifth year, and if such contingency is not  met,
    37  the grant of tenure shall be void and unenforceable and the teacher's or
    38  principal's  probationary  period  shall  be extended in accordance with
    39  this subdivision. Such persons who have been recommended for tenure  and
    40  all  others  employed  in  the  teaching  service of the schools of such
    41  school district who have served the full probationary period as extended
    42  pursuant to this  subdivision  shall  hold  their  respective  positions
    43  during  good behavior and efficient and competent service, and shall not
    44  be removable except for cause after a hearing  as  provided  by  section
    45  three  thousand  twenty-a  of this article.  Failure to maintain certif-
    46  ication as required by this chapter and the regulations of  the  commis-
    47  sioner of education shall constitute cause for removal.
    48    3.  Notwithstanding  any  other provision of this section no period in
    49  any school year for which there is no required service and/or for  which
    50  no  compensation  is  provided  shall in any event constitute a break or
    51  suspension of probationary period or continuity of tenure rights of  any
    52  of the persons hereinabove described.
    53    § 5. Section 3014 of the education law, as added by chapter 583 of the
    54  laws  of  1955,  subdivision  1 as amended by chapter 551 of the laws of
    55  1976, subdivision 2 as amended by section 10 of part A of chapter 57  of
    56  the laws of 2007, is amended to read as follows:

        S. 2010                            16                            A. 3010
 
     1    § 3014. Tenure:  boards  of  cooperative educational services.  1. (a)
     2  Administrative assistants, supervisors, teachers and all  other  members
     3  of the teaching and supervising staff of the board of cooperative educa-
     4  tional  services  appointed  prior  to July first, two thousand fifteen,
     5  shall be appointed by a majority vote of the board of cooperative educa-
     6  tional  services  upon the recommendation of the district superintendent
     7  of schools for a probationary period  of  not  to  exceed  three  years;
     8  provided,  however, that in the case of a teacher who has been appointed
     9  on tenure in a school district within the state, the  board  of  cooper-
    10  ative educational services where currently employed, or another board of
    11  cooperative  educational  services,  and who was not dismissed from such
    12  district or board as a result of charges brought pursuant to subdivision
    13  one of section three thousand twenty-a of this  [chapter]  article,  the
    14  probationary  period shall not exceed two years. Services of a person so
    15  appointed to any such positions may be discontinued at any  time  during
    16  such probationary period, upon the recommendation of the district super-
    17  intendent,  by  a  majority vote of the board of cooperative educational
    18  services.
    19    (b) Administrative assistants, supervisors,  teachers  and  all  other
    20  members  of  the  teaching and supervising staff of the board of cooper-
    21  ative educational services appointed on or after July first,  two  thou-
    22  sand  fifteen,  shall  be  appointed  by a majority vote of the board of
    23  cooperative educational services upon the recommendation of the district
    24  superintendent of schools for a probationary period  of  not  to  exceed
    25  five  years;  provided,  however,  that in the case of a teacher who has
    26  been appointed on tenure in a school  district  within  the  state,  the
    27  board  of  cooperative educational services where currently employed, or
    28  another board of cooperative  educational  services,  and  who  was  not
    29  dismissed  from  such  district  or board as a result of charges brought
    30  pursuant to subdivision one of section three thousand twenty-a  of  this
    31  article,  the  teacher  shall  be appointed for a probationary period of
    32  four years. Services of a person so appointed to any such positions  may
    33  be  discontinued  at  any time during such probationary period, upon the
    34  recommendation of the district superintendent, by a majority vote of the
    35  board of cooperative educational services.
    36    2. (a) On or before the expiration  of  the  probationary  term  of  a
    37  person  appointed  for  such  term  prior  to  July  first, two thousand
    38  fifteen, the district superintendent of schools  shall  make  a  written
    39  report to the board of cooperative educational services recommending for
    40  appointment  on  tenure persons who have been found competent, efficient
    41  and satisfactory[, consistent with any applicable rules of the board  of
    42  regents  adopted  pursuant  to  section  three thousand twelve-b of this
    43  article]. Such persons shall hold their respective positions during good
    44  behavior and competent and efficient service and shall  not  be  removed
    45  except  for any of the following causes, after a hearing, as provided by
    46  section three thousand twenty-a of [such law] this  article:  [(a)]  (i)
    47  Insubordination,  immoral  character  or  conduct  unbecoming a teacher;
    48  [(b)] (ii) Inefficiency, incompetency, physical or mental disability  or
    49  neglect  of  duty;  [(c)]  (iii)  Failure  to  maintain certification as
    50  required by this chapter and by the  regulations  of  the  commissioner.
    51  Each  person  who  is not to be so recommended for appointment on tenure
    52  shall be so notified in writing by the district superintendent not later
    53  than sixty days immediately preceding the expiration of his probationary
    54  period.
    55    (b) On or before the expiration of the probationary term of  a  person
    56  appointed  for  such  term on or after July first, two thousand fifteen,

        S. 2010                            17                            A. 3010
 
     1  the district superintendent of schools shall make a  written  report  to
     2  the  board of cooperative educational services recommending for appoint-
     3  ment on tenure persons who have  been  found  competent,  efficient  and
     4  satisfactory and, in the case of a classroom teacher or building princi-
     5  pal,  who have received composite annual professional performance review
     6  ratings pursuant to three thousand twelve-c of this article,  of  either
     7  effective  or  highly  effective  in  each  of the five preceding years.
     8  Notwithstanding any other provision of law, rule or  regulation  to  the
     9  contrary,  if no affirmative action is taken by the board of cooperative
    10  educational services to terminate a classroom teacher or building  prin-
    11  cipal,  or  to approve or deny tenure to a classroom teacher or building
    12  principal at the expiration of the probationary  period,  the  classroom
    13  teacher  or building principal shall remain in probationary status until
    14  the end of the school year  in  which  such  teacher  or  principal  has
    15  received  such  ratings  of  effective  or highly effective for the five
    16  preceding school years, during which time a board of cooperative  educa-
    17  tional  services  shall  either discontinue the services of such person,
    18  deny tenure or approve tenure for those classroom teachers  or  building
    19  principals who otherwise have been found competent, efficient and satis-
    20  factory.    Provided, however, that the board of cooperative educational
    21  services may grant tenure  contingent  upon  a  classroom  teacher's  or
    22  building  principal's  receipt  of  such a rating of effective or highly
    23  effective in the fifth year, and if such contingency  is  not  met,  the
    24  grant  of  tenure  shall  be void and unenforceable and the teacher's or
    25  principal's probationary period shall be  extended  in  accordance  with
    26  this  subdivision.  Such  persons  shall hold their respective positions
    27  during good behavior and competent and efficient service and  shall  not
    28  be  removed  except for any of the following causes, after a hearing, as
    29  provided by section three thousand twenty-a of this article: (i)  Insub-
    30  ordination,  immoral  character  or  conduct  unbecoming a teacher; (ii)
    31  Inefficiency, incompetency, physical or mental disability or neglect  of
    32  duty;  (iii) Failure to maintain certification as required by this chap-
    33  ter and by the regulations of the commissioner. Each person who  is  not
    34  to  be  so recommended for appointment on tenure shall be so notified in
    35  writing by the district superintendent not later than sixty  days  imme-
    36  diately preceding the expiration of his probationary period.
    37    §  6. Subdivision 1 of section 3012-c of the education law, as amended
    38  by chapter 21 of the laws of 2012, is amended to read as follows:
    39    1. Notwithstanding any other provision of law, rule or  regulation  to
    40  the  contrary, the annual professional performance reviews of all class-
    41  room teachers and building principals employed by  school  districts  or
    42  boards of cooperative educational services shall be conducted in accord-
    43  ance with the provisions of this section. Such performance reviews which
    44  are  conducted  on  or  after  July first, two thousand eleven, or on or
    45  after the date specified in paragraph  c  of  subdivision  two  of  this
    46  section  where applicable, shall include measures of student achievement
    47  and be conducted in accordance with this section.  Such  annual  profes-
    48  sional  performance reviews shall be a significant factor for employment
    49  decisions including but not limited  to,  promotion,  retention,  tenure
    50  determination,  termination,  and supplemental compensation, which deci-
    51  sions are to be made in accordance  with  locally  developed  procedures
    52  negotiated pursuant to the requirements of article fourteen of the civil
    53  service  law  where  applicable. Provided, however, that nothing in this
    54  section shall be construed to affect the unfettered statutory right of a
    55  school district or board of cooperative educational services  to  termi-
    56  nate a probationary teacher or principal for any statutorily and consti-

        S. 2010                            18                            A. 3010
 
     1  tutionally permissible reasons [other than the performance of the teach-
     2  er  or  principal in the classroom or school], including but not limited
     3  to  misconduct  and  until  a   tenure   decision   is   made   at   the
     4  end/expiration/conclusion of the probationary period, the performance of
     5  the  teacher  or  principal in the classroom.   Such performance reviews
     6  shall also be a significant factor in teacher and principal development,
     7  including but not limited to, coaching, induction support and  differen-
     8  tiated  professional development, which are to be locally established in
     9  accordance with procedures negotiated pursuant to  the  requirements  of
    10  article fourteen of the civil service law.
    11    §  7.  Paragraph b of subdivision 5 of section 3012-c of the education
    12  law, as added by chapter 21 of the laws of 2012, is amended to  read  as
    13  follows:
    14    b. Nothing in this section shall be construed to alter or diminish the
    15  authority of the governing body of a school district or board of cooper-
    16  ative  educational  services  to  grant  or  deny tenure to or terminate
    17  probationary teachers or probationary  building  principals  during  the
    18  pendency  of  an  appeal  pursuant  to  this section for statutorily and
    19  constitutionally permissible reasons [other than] including  the  teach-
    20  er's or principal's performance that is the subject of the appeal.
    21    § 8. This act shall take effect immediately.
 
    22                                  SUBPART D
 
    23    Section  1. The education law is amended by adding a new section 211-g
    24  to read as follows:
    25    § 211-g. Takeover and restructuring failing school districts. 1. (a) A
    26  school district, other than a special act school district as defined  in
    27  subdivision eight of section four thousand one of this chapter, shall be
    28  deemed  eligible  for designation as failing upon a determination by the
    29  commissioner, pursuant to regulations adopted by such commissioner, that
    30  the school district has scored in the lowest two and one-half percent of
    31  school districts statewide when compared to  other  districts  based  on
    32  metrics  of  student  achievement  and outcomes prescribed in such regu-
    33  lations which may include but shall not be  limited  to  performance  on
    34  state  assessments,  graduation rates and drop-out rates and/or perform-
    35  ance of the district over time in  such  measures  of  student  academic
    36  achievement  and outcomes. In making such determination the commissioner
    37  shall consider the severity and duration of the deficiencies in  student
    38  achievement and outcomes of the district.
    39    (b) For any school district deemed eligible for a designation as fail-
    40  ing, the commissioner shall appoint a district review team to assess and
    41  report on the reasons for the chronic underperformance and the prospects
    42  for  improvement, unless such an assessment, which is deemed adequate by
    43  the commissioner, has been previously completed  by  a  district  review
    44  team,  integrated intervention team or distinguished educator within the
    45  previous year.
    46    (i) The district review team shall have the membership  prescribed  by
    47  the  commissioner,  provided  that  it shall include at least one person
    48  with expertise in the education of  English  language  learners  and  at
    49  least  one person with expertise in the education of students with disa-
    50  bilities.
    51    (ii) Pursuant to regulations adopted by the commissioner, the district
    52  review team shall evaluate the performance  of  the  district  based  on
    53  multiple  indicators  of  district quality including student attendance,
    54  short-term and long-term suspension rates, student promotion and  gradu-

        S. 2010                            19                            A. 3010
 
     1  ation  rates  in  the  district, or the lack of demonstrated significant
     2  improvement for two or more consecutive years in English  language  arts
     3  and  mathematics,  either  in  the  aggregate  or  among all the student
     4  subgroups used in the state's accountability system. The district review
     5  team shall also consider district leadership and capacity, school leader
     6  practices  and  decisions,  curriculum  development and support, teacher
     7  practices and decisions,  student  social  and  emotional  developmental
     8  health and family and community engagement.
     9    (c)  Upon  review  of  the  findings  of the district review team, the
    10  commissioner may declare a district as failing. Not more  than  two  and
    11  one-half  percent  of  the  total  number of school districts within the
    12  state may be designated as failing at any given time.
    13    2. (a) Upon designation as a failing school district, the commissioner
    14  shall appoint a receiver for the school district who shall  possess  and
    15  maintain  all  of the powers vested in the superintendent of schools, or
    16  other chief school officer of the district, and the board of  education,
    17  and  shall  have the power to supersede any decision of such superinten-
    18  dent or chief school officer, or of the board of education. The receiver
    19  shall have authority to review proposed school district budgets prior to
    20  presentation to the district voters, or in the case  of  a  city  school
    21  district  in a city having a population of one hundred twenty-five thou-
    22  sand or more or the adoption of a contingency budget, prior to  approval
    23  by  the board of education, and to modify the proposed budget to conform
    24  to the district turnaround plan.
    25    (b) The commissioner shall contract with the receiver, and the compen-
    26  sation and other costs of the receiver  appointed  by  the  commissioner
    27  shall  be  paid  from  a state appropriation for such purpose, or by the
    28  school district, as determined by the commissioner.  Notwithstanding any
    29  other provision of law to the contrary, the  receiver  and  any  of  its
    30  employees  providing  services  in the receivership shall be entitled to
    31  defense and indemnification by the school district to the same extent as
    32  a school district employee.
    33    (c)  The  receiver  shall  be  a  non-profit  entity,  another  school
    34  district,  or  an individual, who shall operate independently, but whose
    35  contract may be terminated by the commissioner for a violation of law or
    36  the commissioner's regulations or  for  neglect  of  duty.  An  external
    37  receiver  appointed by the commissioner to operate a district under this
    38  section shall have full managerial and  operational  control  over  such
    39  district;  provided,  however,  that the board of education shall remain
    40  the employer of record, and provided further that any  employment  deci-
    41  sions  of  the  board of education may be superseded by the receiver. It
    42  shall be the duty of the board of education and  the  superintendent  of
    43  schools  to  fully  cooperate  with  the receiver and willful failure to
    44  cooperate or interference with  the  functions  of  the  receiver  shall
    45  constitute willful neglect of duty for purposes of section three hundred
    46  six  of this title.  The receiver or the receiver's designee shall be an
    47  ex officio non-voting member of  the  board  of  education  entitled  to
    48  attend all meetings of the board of education.
    49    3. The receiver shall create a district turnaround plan to promote the
    50  rapid  improvement  of the failing district and submit it to the commis-
    51  sioner for approval. The plan shall specifically focus on the school  or
    52  schools  in  the district that have been identified as being in account-
    53  ability status under the state's accountability system and the  district
    54  policies or practices that have contributed to chronic underperformance.
    55    4.  Before  creating  the  district  turnaround  plan required by this
    56  subdivision, the receiver shall consult with  local  stakeholders,  such

        S. 2010                            20                            A. 3010
 
     1  as:  (a)  the board of education; (b) the superintendent of schools; (c)
     2  building principals and other school leaders;  (d)  teachers  and  their
     3  collective  bargaining  representatives;  (e)  school administrators and
     4  their  collective  bargaining  representatives;  (f) parents of students
     5  attending the school or their representatives;  (g)  representatives  of
     6  applicable state and local social services, health, and/or mental health
     7  agencies;  (h)  as  appropriate,  representatives  of local providers of
     8  career and technical education services, state or local workforce devel-
     9  opment agencies and the local business community; (i) representatives of
    10  local prekindergarten programs; and  (j)  representatives  from    local
    11  institutions of higher education.
    12    5.  (a) In the development of the district turnaround plan for a fail-
    13  ing school district, the receiver shall  include  measures  intended  to
    14  maximize  the  rapid improvement of the academic achievement of students
    15  in the district and shall ensure that the plan addresses district  lead-
    16  ership  and  capacity, school leader practices and decisions, curriculum
    17  development and support, teacher practices and decisions, student social
    18  and emotional developmental well-being, health and family and  community
    19  engagement.  To the extent practicable, the receiver shall base the plan
    20  on student outcome data, including, but not limited  to:    (i)  student
    21  achievement  growth data based on state assessments; (ii) other measures
    22  of student achievement; (iii) student promotion  and  graduation  rates;
    23  (iv)  achievement  and growth data for the subgroups of students used in
    24  the state's accountability system;  (v)  student  attendance;  and  (vi)
    25  long-term and short-term suspension rates.
    26    (b)  The  district  turnaround  plan shall, after consideration of the
    27  recommendations made by the local stakeholder group, include the follow-
    28  ing: (i) steps to address social service, health and mental health needs
    29  of students in the district and their families in order to help students
    30  arrive and remain at school ready to learn; provided, however, that this
    31  may include mental health and substance abuse screening; (ii)  steps  to
    32  improve  or expand access to child welfare services and, as appropriate,
    33  services in the school district community to promote a safe  and  secure
    34  learning  environment;  (iii)  as  applicable,  steps to provide greater
    35  access to career  and  technical  education  and  workforce  development
    36  services  provided  to  students  in  the district and their families in
    37  order to provide students and families with meaningful employment skills
    38  and opportunities; (iv) steps to address achievement  gaps  for  English
    39  language learners, students with disabilities and economically disadvan-
    40  taged  students,  as applicable; (v) steps to address school climate and
    41  positive behavior support; and (vi) a budget for the district turnaround
    42  plan.
    43    (c) As necessary, the commissioners of the department of  health,  the
    44  office  of  children  and  family  services, the department of labor and
    45  other applicable state and local social service, health,  mental  health
    46  and  child  welfare  officials  shall  coordinate  with the commissioner
    47  regarding the implementation of the  strategies  described  in  subpara-
    48  graphs  (i)  through (iii) of paragraph (b) of this subdivision that are
    49  included in the district turnaround plan and shall, subject to appropri-
    50  ation,  reasonably  support  the  implementation  consistent  with   the
    51  requirements  of  state  and  federal  law  applicable  to  the relevant
    52  programs that each such official is responsible  for  administering  and
    53  grant  failing  schools  priority  access  to  competitive grants to the
    54  extent allowable.
    55    (d) In order to assess the school district across multiple  indicators
    56  of  district  performance  and  student success, the district turnaround

        S. 2010                            21                            A. 3010
 
     1  plan shall include, measurable annual goals including, but  not  limited
     2  to, the following: (i) student attendance; (ii) short-term and long-term
     3  suspension  rates;  (iii)  student  safety  and discipline; (iv) student
     4  promotion and graduation and drop-out rates; (v) student achievement and
     5  growth  on  state assessments; (vi) progress in areas of academic under-
     6  performance; (vii) progress among the subgroups of students used in  the
     7  state's  accountability  system;  (viii)  reduction  of achievement gaps
     8  among different groups of students;  (ix)  development  of  college  and
     9  career  readiness, including at the elementary and middle school levels;
    10  (x) parent and family engagement; (xi) building a  culture  of  academic
    11  success  among students; (xii) building a culture of student support and
    12  success among faculty and staff; and (xiii) using developmentally appro-
    13  priate child assessments from pre-kindergarten through third  grade,  if
    14  applicable.
    15    (e)  Notwithstanding  any  other  applicable  law  to the contrary, in
    16  creating the district turnaround plan, the receiver shall: (i) establish
    17  community schools at schools in the district to provide expanded health,
    18  mental health and other services to the community; (ii) expand, alter or
    19  replace the curriculum and program offerings of the  district  or  of  a
    20  school  in  the district, including the implementation of research-based
    21  early literacy programs, early interventions for struggling readers  and
    22  the  teaching of advanced placement courses or other rigorous nationally
    23  or internationally recognized courses, if the district or schools in the
    24  district do not already have such programs  or  courses;  (iii)  replace
    25  unqualified  teachers  and  administrators, including school leadership;
    26  (iv) provide funds, subject to appropriation  to  increase  salaries  of
    27  current  or prospective teachers or administrators in the district work-
    28  ing in a school in accountability status; and  (v)  establish  steps  to
    29  improve hiring, induction, teacher evaluation, professional development,
    30  teacher advancement, school culture and organizational structure.
    31    In  addition  to  these  interventions,  the  receiver  may take other
    32  actions to support the turnaround plan including but not limited to: (i)
    33  reallocate the uses of the existing budget of the district; (ii)  expand
    34  the  school day or school year or both of schools in the district; (iii)
    35  limit, suspend or change one or  more  provisions  of  any  contract  or
    36  collective bargaining agreement in the district; provided, however, that
    37  the  receiver  shall  not  reduce  the compensation of an administrator,
    38  teacher or staff member unless the hours of the person  are  proportion-
    39  ately  reduced;  (iv) add full-day pre-kindergarten and full-day kinder-
    40  garten programs, if the district does not already  have  such  programs;
    41  (v)  direct  the  receiver, in accordance with paragraphs (f) and (g) of
    42  this subdivision, to abolish the positions of all members of the  teach-
    43  ing and administrative and supervisory staff assigned to a school desig-
    44  nated  as  a  failing school pursuant to section two hundred eleven-f of
    45  this part, and  terminate  the  employment  of  any  building  principal
    46  assigned  to  such  a school and require them to reapply for their posi-
    47  tions in the district, with  full  discretion  vested  in  the  receiver
    48  regarding  any  such reapplications; (vi) include a provision of job-em-
    49  bedded professional development for teachers in the  district,  with  an
    50  emphasis  on  strategies  that involve teacher input and feedback; (vii)
    51  establish a plan for professional development for administrators in  the
    52  district,  with an emphasis on strategies that develop leadership skills
    53  and use the principles of distributive leadership; and/or  (viii)  order
    54  the  conversion of a district school that has been designated as failing
    55  pursuant to section two hundred eleven-f of this part without a vote  of
    56  the  parents  of  the  school,  provided  that notwithstanding any other

        S. 2010                            22                            A. 3010
 
     1  provision of the law to the contrary, the board of regents shall be  the
     2  charter  entity  for such charter school and the provisions of paragraph
     3  (b) and subparagraph (i) of paragraph  (b-1)  of  subdivision  three  of
     4  section  twenty-eight hundred fifty-four of this chapter shall not apply
     5  to such a conversion charter school.
     6    (f) Notwithstanding any other provision of law, rule or regulation  to
     7  the  contrary, upon designation of a school district as a failing school
     8  district pursuant to section two hundred  eleven-g  of  this  part,  the
     9  abolition of positions of members of the teaching and administrative and
    10  supervisory staff of the school district shall thereafter be governed by
    11  the  applicable  provisions  of section twenty-five hundred ten, twenty-
    12  five hundred eighty-five,  twenty-five  hundred  eighty-eight  or  three
    13  thousand thirteen of this chapter. A classroom teacher or building prin-
    14  cipal  who  has received two or more composite ratings of ineffective on
    15  an annual professional performance review or who has never  received  an
    16  effective  or  highly  effective rating on such a review shall be deemed
    17  not to have rendered faithful and competent service within  the  meaning
    18  of  section  twenty-five  hundred  ten, twenty-five hundred eighty-five,
    19  twenty-five hundred eighty-eight or  three  thousand  thirteen  of  this
    20  chapter. When a position of a classroom teacher or building principal is
    21  abolished,  the  services  of the teacher or administrator or supervisor
    22  within the tenure area of the position with  the  lowest  score  on  the
    23  state  growth  and  other  comparable  measures subcomponent of the most
    24  recent annual professional performance  review  shall  be  discontinued,
    25  provided  that seniority within the tenure of the position shall be used
    26  solely to determine which position should be discontinued in  the  event
    27  of a tie.
    28    (g)  The  receiver  may  abolish  the  positions of all members of the
    29  teaching and supervisory staff assigned to a school designated as  fail-
    30  ing pursuant to section two hundred eleven-f of this part, and terminate
    31  any  building  principal assigned to such school who is not in a tenured
    32  position, and require them to reapply for probationary appointment.  The
    33  receiver  shall  have the same discretion upon such reapplication as the
    34  board of education has with any candidate for  a  probationary  appoint-
    35  ment.  A determination of the receiver not to rehire a teacher, adminis-
    36  trator or supervisor may be appealed to  the  commissioner  pursuant  to
    37  section  three  hundred  ten  of this title, provided that such determi-
    38  nation may only be set aside upon a finding that the receiver's determi-
    39  nation was made in bad faith or for constitutional or statutory reasons.
    40  Notwithstanding any other provision of law to the contrary, a member  of
    41  the teaching or administrative staff who is not rehired pursuant to this
    42  paragraph  shall not have any right to bump or displace any other person
    43  employed by the district, but shall be placed on a preferred eligibility
    44  list in accordance with the applicable provisions of section twenty-five
    45  hundred ten, twenty-five hundred eighty-five, twenty-five hundred eight-
    46  y-eight or three thousand thirteen of this chapter.
    47    (h) For a district with English language  learners,  the  professional
    48  development and planning time for teachers and administrators identified
    49  in  subparagraphs (ix) through (xi), inclusive, of paragraph (d) of this
    50  subdivision shall include specific strategies and  content  designed  to
    51  maximize  the rapid academic achievement of English language learners in
    52  the district.
    53    6. A final district turnaround plan shall be issued  by  the  receiver
    54  within  six  months  of  designation of the district as a failing school
    55  district. A copy of such plan shall be provided to the board  of  educa-
    56  tion, the superintendent of schools and the collective bargaining repre-

        S. 2010                            23                            A. 3010
 
     1  sentatives  of  teachers  and administrators of the school district. The
     2  plan shall be publicly available and shall be posted on the department's
     3  website and the school district's website, and the school district shall
     4  provide  notice  to  parents  of  such  district turnaround plan and its
     5  availability.
     6    7. The district turnaround plan shall be authorized for  a  period  of
     7  not  more  than  three years. The receiver may develop additional compo-
     8  nents of the plan and shall develop annual goals for each  component  of
     9  the plan in a manner consistent with the provisions of this section. The
    10  receiver  shall  be  responsible  for  meeting the goals of the district
    11  turnaround plan.
    12    8. The receiver shall provide a written report to the board of  educa-
    13  tion  on  a  quarterly  basis  to provide specific information about the
    14  progress being made on the implementation  of  the  district's  district
    15  turnaround plan. One of the quarterly reports shall be the annual evalu-
    16  ation required in subdivision nine of this section.
    17    9.  The commissioner shall evaluate the performance of the receiver on
    18  not less than an annual basis. The purpose of such evaluation  shall  be
    19  to  assess the implementation of the district turnaround plan and deter-
    20  mine whether the district has met the  annual  goals  contained  in  the
    21  district turnaround plan. The evaluation shall be in writing and submit-
    22  ted  to  the  commissioner  and  the  board  of  education of the school
    23  district no later than July first for the preceding school year.  If the
    24  commissioner determines that the district has met the annual performance
    25  goals stated in the district turnaround plan, the  evaluation  shall  be
    26  considered  sufficient and the implementation of the district turnaround
    27  plan shall continue. If the commissioner determines  that  the  receiver
    28  has  not  met  one or more goals in the plan and the failure to meet the
    29  goals may be corrected through reasonable modification of the plan,  the
    30  commissioner  may  require the receiver to amend the district turnaround
    31  plan, as necessary. If the commissioner determines that the receiver has
    32  substantially failed to meet multiple goals in the  district  turnaround
    33  plan,  the  commissioner  may  terminate  the contract of such receiver;
    34  provided, however, that the  termination  shall  not  occur  before  the
    35  completion  of  the  first  full  school year of the receivership of the
    36  district.
    37    10. After the period of receivership, the commissioner shall conduct a
    38  reevaluation of a district's status as failing pursuant to this section.
    39  The commissioner shall adopt regulations providing for:  the removal  of
    40  a  designation  of  a  district  as chronically underperforming; and the
    41  transfer of the operation of a chronically underperforming district from
    42  an external receiver back to the superintendent of schools and the board
    43  of education of the school district, based on the measurable improvement
    44  of the district.
    45    (a) The regulations shall include provisions to allow  a  district  to
    46  retain measures adopted in a district turnaround plan for a transitional
    47  period  if,  in  the  judgment  of  the commissioner, the measures would
    48  contribute to the continued improvement  of  the  district.  Such  regu-
    49  lations  shall  also include provisions that clearly identify the condi-
    50  tions under which such a transitional period shall end  and  the  powers
    51  granted to the commissioner under this section shall cease to apply to a
    52  district previously designated as a failing school district.
    53    (b)  Pursuant  to  the regulations promulgated by the commissioner, at
    54  any time after a failing district has been placed in  receivership,  the
    55  board  of education of the school district may petition the commissioner
    56  for a determination as to whether the district turnaround plan should be

        S. 2010                            24                            A. 3010
 
     1  modified or eliminated and whether the school district shall  no  longer
     2  be  designated  as  failing.  The board of education of a failing school
     3  district may seek review by commissioner following an  adverse  determi-
     4  nation.
     5    (c)  If,  pursuant  to  the regulations adopted by the commissioner, a
     6  district has not improved sufficiently to remove the designation of  the
     7  district  as failing, the commissioner may: (i) jointly determine subse-
     8  quent annual goals for each component of the  district  turnaround  plan
     9  with  the  receiver  and renew the district turnaround plan for an addi-
    10  tional period of not more  than  three  years;  or  (ii)  terminate  the
    11  contract  of  the  receiver,  appoint a new receiver and create a new or
    12  modified district turnaround plan, consistent with the  requirements  of
    13  this section.
    14    §  2.  The  education  law is amended by adding a new section 211-f to
    15  read as follows:
    16    § 211-f. Take over and restructuring failing  schools.    1.  (a)  The
    17  commissioner  shall  designate  as failing each of the schools that have
    18  been identified under the state's accountability system to be among  the
    19  lowest  achieving  five percent of public schools in the state (priority
    20  schools) for at  least  three  years  based  upon  measures  of  student
    21  achievement and outcomes and a methodology prescribed in the regulations
    22  of  the  commissioner, provided that this list shall not include schools
    23  within a special act school district as defined in subdivision eight  of
    24  section  four thousand one of this chapter or schools chartered pursuant
    25  to article fifty-six of this chapter.
    26    (b) A failing school shall operate in accordance with laws  regulating
    27  other  public  schools, except as such provisions may conflict with this
    28  section or any school intervention plans created thereunder.
    29    (c) Upon the designation of a school as a failing school in accordance
    30  with regulations developed pursuant to this  section,  the  commissioner
    31  shall  appoint an external receiver to manage and operate the school and
    32  to develop and implement a school intervention plan for the school.  The
    33  commissioner  shall make such appointments as expeditiously as possible,
    34  and in prioritizing schools for appointments the commissioner shall give
    35  priority based on the severity and duration of the school's deficiencies
    36  in student achievement and outcomes.
    37    2. (a) The receiver shall be authorized  to  manage  and  operate  the
    38  failing school and shall have the power to supersede any decision of the
    39  superintendent  of  schools  or chief school officer, or of the board of
    40  education or of the building principal  that  in  the  judgment  of  the
    41  receiver  conflicts with the school improvement plan. The receiver shall
    42  have authority to review proposed school district budgets prior to pres-
    43  entation to the district voters,  or  in  the  case  of  a  city  school
    44  district  in a city having a population of one hundred twenty-five thou-
    45  sand or more or the adoption of a contingency budget, prior to  approval
    46  by  the board of education, and to modify the proposed budget to conform
    47  to the school intervention plan.
    48    (b) The provisions of paragraphs (b) and (c)  of  subdivision  two  of
    49  section  two  hundred  eleven-g  of  this  part shall apply to receivers
    50  appointed pursuant to this section.
    51    3. Before developing the school intervention plan, the receiver  shall
    52  consult with local stakeholders such as: (a) the board of education; (b)
    53  the  superintendent of schools; (c) the building principal; (d) teachers
    54  assigned to the school and their collective  bargaining  representative;
    55  (e)  school  administrators  assigned to the school and their collective
    56  bargaining representative; (f) parents of students attending the  school

        S. 2010                            25                            A. 3010
 
     1  or  their  representatives;  (g) representatives of applicable state and
     2  local social service, health and mental health agencies; (h)  as  appro-
     3  priate,  representatives  of local career education providers, state and
     4  local  workforce  development agencies and the local business community;
     5  (i) for elementary schools,  representatives  of  local  prekindergarten
     6  programs  and,  (j) as needed for middle schools or high schools, repre-
     7  sentatives of local higher education institutions.
     8    4. In creating  the  school  intervention  plan,  the  receiver  shall
     9  include  provisions  intended to maximize the rapid academic achievement
    10  of students at the school and  shall  ensure  that  the  plan  addresses
    11  district leadership and capacity, school leader practices and decisions,
    12  curriculum  development  and  support,  teacher practices and decisions,
    13  student social and emotional developmental health and family and  commu-
    14  nity engagement. The receiver shall, to the extent practicable, base the
    15  plan  on  the  findings of any recent diagnostic review or assessment of
    16  the school that has been  conducted  and,  as  applied  to  the  school,
    17  student  outcome  data as specified in paragraph (a) of subdivision five
    18  of section two hundred eleven-g of this part.
    19    5. (a) The receiver shall address in the school intervention plan  the
    20  strategies set forth in paragraph (b) of subdivision five of section two
    21  hundred  eleven-g  of  this  part, as applied to the school, except that
    22  instead of the school district  budget,  the  school  intervention  plan
    23  shall include a financial plan.
    24    (b)  As  necessary, the commissioners of the department of health, the
    25  office of children and family services,  the  department  of  labor  and
    26  other  applicable  state and local social service, health, mental health
    27  and child welfare officials shall coordinate with the receiver regarding
    28  the implementation of the  strategies  described  in  subparagraphs  (i)
    29  through  (iii)  of  paragraph  (b)  of  subdivision  five of section two
    30  hundred eleven-g of this part that are included  in  the  school  inter-
    31  vention plan and shall, subject to appropriation, reasonably support the
    32  implementation consistent with the requirements of state and federal law
    33  applicable to the relevant programs that each such official is responsi-
    34  ble for administering, and grant community schools access to competitive
    35  grants, as allowable.
    36    6.  In  order  to assess the school across multiple measures of school
    37  performance and student success,  the  school  intervention  plan  shall
    38  include measurable annual goals, as set forth in paragraph (d) of subdi-
    39  vision  five  of  section  two  hundred  eleven-g of this part, that are
    40  tailored to the needs of the school.
    41    7. (a) Notwithstanding any general or special law to the contrary,  in
    42  creating  and  implementing  the  school intervention plan, the receiver
    43  shall, after consulting with stakeholders: (i) convert schools to commu-
    44  nity schools  to  provide  expanded  health,  mental  health  and  other
    45  services  to the community; (ii) expand, alter or replace the curriculum
    46  and program offerings of the school,  including  the  implementation  of
    47  research-based early literacy programs, early interventions for struggl-
    48  ing  readers  and  the  teaching  of advanced placement courses or other
    49  rigorous nationally or internationally recognized courses, if the school
    50  does not already have such programs or courses; (iii)  replace  unquali-
    51  fied  teachers  and  administrators,  including  school leadership; (iv)
    52  increase salaries of current or prospective teachers and administrators;
    53  and (v) improved hiring,  induction,  teacher  evaluation,  professional
    54  development,  teacher  advancement,  school  culture  and organizational
    55  structure.

        S. 2010                            26                            A. 3010
 
     1    In addition to the above interventions, the  receiver  may  also:  (i)
     2  reallocate  the  uses  of the existing budget of the school; (ii) expand
     3  the school day or school year or both of the school; (iii) for a  school
     4  that  offers  the first grade, add pre-kindergarten and full-day kinder-
     5  garten  classes,  if the school does not already have such classes; (iv)
     6  limit, suspend, or change one or more  provisions  of  any  contract  or
     7  collective bargaining agreement, as the contract or agreement applies to
     8  the  school;  provided,  however, that the receiver shall not reduce the
     9  compensation of an administrator, teacher or  staff  member  unless  the
    10  hours  of  the person are proportionately reduced; and provided further,
    11  that upon request of the receiver the public employment relations  board
    12  shall  require  the  board  of  education  and any applicable collective
    13  bargaining representatives to bargain in good faith for at least  thirty
    14  days before exercising authority pursuant to this clause; (v) in accord-
    15  ance  with  paragraphs  (b)  and (c) of this subdivision, to abolish the
    16  positions of all members of the teaching and administrative and supervi-
    17  sory staff assigned to the failing school and terminate  the  employment
    18  of any building principal assigned to such a school, and require them to
    19  reapply for their positions in the district; (vi) include a provision of
    20  job-embedded  professional  development for teachers at the school, with
    21  an emphasis on strategies that involve teacher input and feedback; (vii)
    22  establish a plan for professional development for administrators at  the
    23  school,  with  an  emphasis on strategies that develop leadership skills
    24  and use the principles of distributive leadership; and/or  (viii)  order
    25  the  conversion of a district school that has been designated as failing
    26  pursuant to this section without a vote of the parents  of  the  school,
    27  provided  that notwithstanding any other provision of law to the contra-
    28  ry, the board of regents shall be the charter entity  for  such  charter
    29  school and the provisions of paragraph (b) and subparagraph (i) of para-
    30  graph  (b-1) of subdivision three of section twenty-eight hundred fifty-
    31  four of this chapter shall  not  apply  to  such  a  conversion  charter
    32  school.
    33    (b)  Notwithstanding any other provision of law, rule or regulation to
    34  the contrary, upon designation of any school of the school district as a
    35  failing school pursuant to this section, the abolition of  positions  of
    36  members  of the teaching and administrative and supervisory staff of the
    37  school  district  shall  thereafter  be  governed  by   the   applicable
    38  provisions  of  section  twenty-five  hundred  ten,  twenty-five hundred
    39  eighty-five, twenty-five hundred eighty-eight or three thousand thirteen
    40  of this chapter as modified by this paragraph. A  classroom  teacher  or
    41  building  principal  who  has  received two or more composite ratings of
    42  ineffective on an annual professional  performance  review  or  who  has
    43  never  received an effective or highly effective rating on such a review
    44  shall be deemed not to have  rendered  faithful  and  competent  service
    45  within  the  meaning  of  section  twenty-five  hundred ten, twenty-five
    46  hundred eighty-five, twenty-five hundred eighty-eight or three  thousand
    47  thirteen  of  this  chapter.  When  a position of a classroom teacher or
    48  building principal is abolished, the services of the teacher or adminis-
    49  trator or supervisor within the tenure area of  the  position  with  the
    50  lowest score on the state growth and other comparable measures subcompo-
    51  nent  of the most recent annual professional performance review shall be
    52  discontinued, provided that seniority within the tenure of the  position
    53  shall  be used solely to determine which position should be discontinued
    54  in the event of a tie.
    55    (c) The receiver may abolish the  positions  of  all  members  of  the
    56  teaching  and supervisory staff assigned to a school designated as fail-

        S. 2010                            27                            A. 3010
 
     1  ing pursuant to this  section,  and  terminate  any  building  principal
     2  assigned  to  such  school who is not in a tenured position, and require
     3  them to reapply for a probationary appointment.   The board  shall  have
     4  the same discretion upon such reapplication as it has with any candidate
     5  for  a  probationary  appointment.   A determination of the board not to
     6  rehire a teacher, administrator or supervisor may  be  appealed  to  the
     7  commissioner  pursuant  to  section  three  hundred  ten  of this title,
     8  provided that such determination may only be set aside  upon  a  finding
     9  that  the  board's  determination was made in bad faith or for constitu-
    10  tionally or statutorily impermissible reasons. Notwithstanding any other
    11  provision of law to the contrary, a member of the teaching  or  adminis-
    12  trative  staff  who  is not rehired pursuant to this paragraph shall not
    13  have any right to bump or displace any  other  person  employed  by  the
    14  district, but shall be placed on a preferred eligibility list in accord-
    15  ance  with the applicable provisions of section twenty-five hundred ten,
    16  twenty-five hundred eighty-five,  twenty-five  hundred  eighty-eight  or
    17  three thousand thirteen of this chapter.
    18    (d)  For  a  school  with  English language learners, the professional
    19  development and planning time for teachers and administrators identified
    20  in clauses (vi) through (viii) of the closing paragraph of paragraph (a)
    21  of this subdivision,  shall  include  specific  strategies  and  content
    22  designed  to  maximize  the  rapid  academic  achievement of the English
    23  language learners.
    24    (e) If the receiver proposes to reallocate funds to  the  school  from
    25  the  budget of the district under clause (i) of the closing paragraph of
    26  paragraph (a) of this subdivision, the receiver shall notify  the  board
    27  of education, in writing, of the amount of and rationale for the reallo-
    28  cation.
    29    8.  A  final  school intervention plan shall be issued by the receiver
    30  within six months of designation of the school as a  failing  school.  A
    31  copy  of  such  plan  shall  be  provided to the board of education, the
    32  superintendent of schools and the collective bargaining  representatives
    33  of teachers and administrators of the school district. The plan shall be
    34  publicly  available  and shall be posted on the department's website and
    35  the school district's website, and the  school  district  shall  provide
    36  notice to parents of such school intervention plan and its availability.
    37    9.  Each  school intervention plan shall be authorized for a period of
    38  not more than three years. The external  receiver,  as  applicable,  may
    39  develop additional components of the plan and shall develop annual goals
    40  for each component of the plan in a manner consistent with this section,
    41  all  of which must be approved by the commissioner. The external receiv-
    42  er, as applicable, shall be responsible for meeting  the  goals  of  the
    43  school intervention plan.
    44    10.  The external receiver shall provide a written report to the board
    45  of education on a quarterly basis to provide specific information  about
    46  the  progress  being  made  on the implementation of the school's school
    47  intervention plan. One of the quarterly  reports  shall  be  the  annual
    48  evaluation under subdivision eleven of this section.
    49    11.  (a)  The commissioner shall evaluate each failing school at least
    50  annually. The purpose of the evaluation shall be  to  determine  whether
    51  the  school has met the annual goals in its school intervention plan and
    52  assess the implementation of the plan at the school. The review shall be
    53  in writing and shall be submitted to the superintendent and the board of
    54  education not later than July first for the preceding school  year.  The
    55  review shall be submitted in a format determined by the commissioner.

        S. 2010                            28                            A. 3010
 
     1    (b)  If the commissioner determines that the school has met the annual
     2  performance goals stated in the school  intervention  plan,  the  review
     3  shall  be  considered  sufficient  and  the implementation of the school
     4  intervention plan shall continue. If the  commissioner  determines  that
     5  the  school  has not met one or more goals in the plan, the commissioner
     6  may modify the plan.
     7    12. Upon the expiration of a school intervention plan  for  a  failing
     8  school,  the commissioner shall conduct a review of the school to deter-
     9  mine whether the school  has  improved  sufficiently,  requires  further
    10  improvement  or  has failed to improve. On the basis of such review, the
    11  commissioner may: (a) on the basis of the external  receiver's  progress
    12  in  successfully  meeting the terms of the plan, renew the plan with the
    13  external receiver for an additional period of not more than three years;
    14  (b) if the failing school remains failing and the terms of the plan have
    15  not been substantially met, terminate the contract with the receiver and
    16  appoint a new external receiver; or (c) determine that  the  school  has
    17  improved sufficiently for the designation of failing to be removed.
    18    13. The commissioner shall be authorized to adopt regulations to carry
    19  out the provisions of this section.
    20    14.  The  commissioner  shall  report annually to the governor and the
    21  legislature on the implementation and fiscal impact of this section  and
    22  section two hundred eleven-g of this part. The report shall include, but
    23  not  be  limited to, a list of all schools currently designated as fail-
    24  ing, a list of all districts currently designated as  failing,  and  the
    25  strategies  used  in  each  of the schools and districts to maximize the
    26  rapid academic achievement of students.
    27    § 3. This act shall take effect July 1, 2015; provided, however,  that
    28  effective immediately, the addition, amendment and/or repeal of any rule
    29  or regulation necessary for the implementation of this act on its effec-
    30  tive  date  is  authorized  and  directed to be made and completed on or
    31  before such date.
 
    32                                  SUBPART E
 
    33    Section 1. Subdivision 7-a of section 305 of  the  education  law,  as
    34  added by chapter 296 of the laws of 2008, is amended to read as follows:
    35    7-a. a. In addition to the authority to revoke and annul a certificate
    36  of qualification of a teacher in a proceeding brought pursuant to subdi-
    37  vision  seven of this section, the commissioner shall be authorized, and
    38  it shall be his or her duty, to revoke and annul in accordance with this
    39  subdivision the teaching certificate of a teacher  convicted  of  a  sex
    40  offense for which registration as a sex offender is required pursuant to
    41  article  six-C  of  the  correction  law  or of any other violent felony
    42  offense in which a child was a victim.
    43    b. As used in this subdivision, the following  terms  shall  have  the
    44  following meanings:
    45    (1)  "conviction"  means  any  conviction whether by plea of guilty or
    46  nolo contendere or from a verdict after trial or otherwise;
    47    (2) "sex offense" means an offense set forth  in  subdivision  two  or
    48  three  of  section  one  hundred  sixty-eight-a  of  the correction law,
    49  including an offense committed in any jurisdiction for which the  offen-
    50  der is required to register as a sex offender in New York;
    51    (3)  "teacher"  means  any  professional  educator  holding a teaching
    52  certificate as defined in subparagraph four of this paragraph, including
    53  but not limited  to  a  classroom  teacher,  teaching  assistant,  pupil

        S. 2010                            29                            A. 3010
 
     1  personnel  services  professional, school administrator or supervisor or
     2  superintendent of schools; [and]
     3    (4)  "teaching  certificate" means the certificate or license or other
     4  certificate of qualification granted to a teacher by any authority what-
     5  soever; and
     6    (5) "violent felony offense" means any offense as defined in  subdivi-
     7  sion one of section 70.02 of the penal law.
     8    c. Upon receipt of a certified copy of a criminal history record show-
     9  ing  that  a teacher has been convicted of a sex offense or sex offenses
    10  or a violent felony offense in which  a  child  was  a  victim  or  upon
    11  receipt  of  notice  of  such a conviction as provided in paragraph d of
    12  this subdivision, the commissioner shall automatically revoke and  annul
    13  the teaching certificate of such teacher without the right to a hearing.
    14  The  commissioner  shall  mail  notice  of  the revocation and annulment
    15  pursuant  to  this  subdivision  by  certified  mail,   return   receipt
    16  requested,  and  by  first-class  mail  directed  to the teacher at such
    17  teacher's last known address and, if different, the last  address  filed
    18  by  the  certificate  holder  with the commissioner and to the teacher's
    19  counsel of record in the criminal proceeding as reported in  the  notice
    20  pursuant  to  paragraph  d of this subdivision. Such notice shall inform
    21  the teacher that his or her certificate has been revoked  and  annulled,
    22  identify  the  sex  offense or sex offenses or violent felony offense or
    23  offenses in which a child was a victim of which  the  teacher  has  been
    24  convicted  and  shall  set  forth the procedure to follow if the teacher
    25  denies he or she is the person who has been so convicted. If such teach-
    26  er notifies the commissioner in writing within  twenty-five  days  after
    27  the  date of receipt of the notice that he or she is not the same person
    28  as the convicted offender identified in the criminal record  or  identi-
    29  fied  pursuant  to  paragraph  d  of this subdivision, provides proof to
    30  reasonably support such claim and  the  commissioner  is  satisfied  the
    31  proof  establishes such claim, the commissioner shall, within five busi-
    32  ness days of the receipt of such proof, restore such teacher's  teaching
    33  certificate retroactive to the date of revocation and annulment.
    34    d.  Upon  conviction  of  a  teacher  of a sex offense defined in this
    35  subdivision, the district attorney or other  prosecuting  authority  who
    36  obtained  such conviction shall provide notice of such conviction to the
    37  commissioner identifying the sex offense  or  sex  offenses  or  violent
    38  felony  offense  or  offenses in which a child was a victim of which the
    39  teacher has been convicted, the name and address of  such  offender  and
    40  other  identifying information prescribed by the commissioner, including
    41  the offender's date of birth and social security number, to  the  extent
    42  consistent  with  federal  and state laws governing personal privacy and
    43  confidentiality of information. Such notice shall also include the  name
    44  and business address of the offender's counsel of record in the criminal
    45  proceeding.
    46    e.  Upon  receipt  of  proof  that  the conviction or convictions that
    47  formed the basis for revocation and annulment of the teacher's  teaching
    48  certificate pursuant to this subdivision have been set aside upon appeal
    49  or  otherwise  reversed,  vacated or annulled, the commissioner shall be
    50  required to conduct a due process hearing pursuant to subdivision  seven
    51  of  this  section  and  part eighty-three of title eight of the New York
    52  codes, rules and regulations prior  to  making  a  determination  as  to
    53  whether  to  reinstate the teacher's original teaching certificate. Such
    54  determination shall be made within ninety days after such proof has been
    55  received.

        S. 2010                            30                            A. 3010
 
     1    f. Except as provided in paragraph g of this subdivision, and notwith-
     2  standing any other provision of law to the contrary, a teacher shall  be
     3  reinstated to his or her position of employment in a public school, with
     4  full  back  pay  and  benefits  from the date his or her certificate was
     5  revoked or annulled to the date of such reinstatement, under the follow-
     6  ing circumstances:
     7    (i)  The  termination of employment was based solely on the conviction
     8  of a sex offense, or conviction of a violent felony offense or  offenses
     9  in  which  a  child  was  a  victim, or the revocation or annulment of a
    10  certificate based on such conviction, and such conviction has  been  set
    11  aside  on  appeal  or  otherwise  reversed,  vacated or annulled and the
    12  commissioner has reinstated  the  teacher's  certification  pursuant  to
    13  paragraph e of this subdivision; or
    14    (ii)  The termination of employment was based solely on the conviction
    15  of a sex offense or violent felony offense or offenses in which a  child
    16  was a victim and it has been determined that the teacher is not the same
    17  person as the convicted offender.
    18    g. If a teacher's employment was terminated as a result of a discipli-
    19  nary proceeding conducted pursuant to section three thousand twenty-a of
    20  this  chapter  or  other  disciplinary hearing conducted pursuant to any
    21  collective bargaining or contractual agreement on one  or  more  grounds
    22  other  than  conviction of a sex offense, or the revocation or annulment
    23  of a certificate based on such conviction, then nothing in  paragraph  f
    24  of this subdivision shall require a school district to reinstate employ-
    25  ment of such teacher or be liable for back pay or benefits.
    26    h.  No  provision  of  this  article  shall  be deemed to preclude the
    27  following: (i) the commissioner from conducting a  due  process  hearing
    28  pursuant  to  subdivision seven of this section and part eighty-three of
    29  title eight of the New York codes, rules  and  regulations;  or  (ii)  a
    30  school district or employing board from bringing a disciplinary proceed-
    31  ing  pursuant  to  section  three  thousand twenty-a of this chapter; or
    32  (iii) a school district or employing board from bringing an  alternative
    33  disciplinary proceeding conducted pursuant to a collective bargaining or
    34  contractual agreement.
    35    i.  The commissioner shall be authorized to promulgate any regulations
    36  necessary to implement the provisions of this subdivision.
    37    § 2. Subdivision 3 and paragraph a of subdivision 4 of section 3020 of
    38  the education law, as amended by chapter 103 of the laws  of  2010,  are
    39  amended to read as follows:
    40    3.  Notwithstanding  any inconsistent provision of law, the procedures
    41  set forth in section three thousand twenty-a of this article and  subdi-
    42  vision seven of section twenty-five hundred ninety-j of this chapter may
    43  be modified or replaced by agreements negotiated between the city school
    44  district  of  the city of New York and any employee organization repres-
    45  enting employees or titles that are or were covered by any memorandum of
    46  agreement executed by such city  school  district  and  the  council  of
    47  supervisors  and  administrators  of  the  city  of New York on or after
    48  December first, nineteen hundred ninety-nine. Where such procedures  are
    49  so  modified  or  replaced:  (i)  compliance  with  such modification or
    50  replacement procedures shall satisfy any provision in this chapter  that
    51  requires  compliance  with  section  three  thousand  twenty-a, (ii) any
    52  employee against whom charges have been preferred prior to the effective
    53  date of such modification or replacement shall continue to be subject to
    54  the provisions of such section as in effect on  the  date  such  charges
    55  were preferred, (iii) the provisions of subdivisions one and two of this
    56  section shall not apply to agreements negotiated pursuant to this subdi-

        S. 2010                            31                            A. 3010
 
     1  vision,  and (iv) in accordance with paragraph (e) of subdivision one of
     2  section two hundred nine-a of the civil service law,  such  modification
     3  or  replacement procedures contained in an agreement negotiated pursuant
     4  to  this subdivision shall continue as terms of such agreement after its
     5  expiration until a new agreement is negotiated; provided that any alter-
     6  nate disciplinary procedures contained in a collective bargaining agree-
     7  ment that becomes effective on or after July  first,  two  thousand  ten
     8  shall  provide  for an expedited hearing process before a single hearing
     9  officer in accordance with subparagraph (i-a) of paragraph c of subdivi-
    10  sion three of section three thousand twenty-a of this article  in  cases
    11  in  which charges of incompetence are brought against a building princi-
    12  pal based solely upon an allegation of a pattern of ineffective teaching
    13  or performance as defined in section three  thousand  twelve-c  of  this
    14  article and shall provide that such a pattern of ineffective teaching or
    15  performance  shall  constitute very significant evidence of incompetence
    16  which may form the basis for just cause removal of the building  princi-
    17  pal  and  provided  further  that  any alternate disciplinary procedures
    18  contained in a collective bargaining agreement that becomes effective on
    19  or after April first, two thousand fifteen shall provide that all  hear-
    20  ings  shall be conducted before a single hearing officer and that such a
    21  pattern of ineffective teaching or performance by a  building  principal
    22  shall  constitute  prima facie evidence of incompetence that can only be
    23  rebutted by clear and convincing evidence that the calculation of one or
    24  more of the teacher's or principal's underlying composite ratings on the
    25  annual professional performance reviews pursuant to section three  thou-
    26  sand  twelve-c  of  this article was fraudulent, and if not successfully
    27  rebutted, the finding, absent extraordinary circumstances, shall be just
    28  cause for removal. Notwithstanding any inconsistent  provision  of  law,
    29  the  commissioner  shall review any appeals authorized by such modifica-
    30  tion or replacement procedures within fifteen days from receipt by  such
    31  commissioner of the record of prior proceedings in the matter subject to
    32  appeal.  Such  review  shall  have  preference over all other appeals or
    33  proceedings pending before such commissioner.
    34    a. Notwithstanding any inconsistent provision of law,  the  procedures
    35  set  forth in section three thousand twenty-a of this article and subdi-
    36  vision seven of section twenty-five hundred ninety-j of this chapter may
    37  be modified by agreements negotiated between the city school district of
    38  the city of New York and any employee organization representing  employ-
    39  ees  or  titles  that are or were covered by any memorandum of agreement
    40  executed by such city school  district  and  the  united  federation  of
    41  teachers  on  or  after June tenth, two thousand two.  Where such proce-
    42  dures are so modified: (i)  compliance  with  such  modified  procedures
    43  shall  satisfy  any  provision  of this chapter that requires compliance
    44  with section three thousand twenty-a of this article; (ii) any  employee
    45  against  whom charges have been preferred prior to the effective date of
    46  such modification shall continue to be subject to the provisions of such
    47  section as in effect on the date such charges were preferred; (iii)  the
    48  provisions  of  subdivisions one and two of this section shall not apply
    49  to agreements negotiated pursuant to this subdivision,  except  that  no
    50  person  enjoying  the benefits of tenure shall be disciplined or removed
    51  during a term of employment except for just cause; and (iv)  in  accord-
    52  ance with paragraph (e) of subdivision one of section two hundred nine-a
    53  of  the  civil  service  law,  such  modified procedures contained in an
    54  agreement negotiated pursuant to  this  subdivision  shall  continue  as
    55  terms  of  such  agreement after its expiration until a new agreement is
    56  negotiated; and provided further that any alternate disciplinary  proce-

        S. 2010                            32                            A. 3010
 
     1  dures contained in a collective bargaining agreement that becomes effec-
     2  tive on or after July first, two thousand ten shall provide for an expe-
     3  dited hearing process before a single hearing officer in accordance with
     4  subparagraph  (i-a) of paragraph c of subdivision three of section three
     5  thousand twenty-a of this article in cases in which charges of  incompe-
     6  tence  are brought based solely upon an allegation of a pattern of inef-
     7  fective teaching or performance as defined  in  section  three  thousand
     8  twelve-c  of this article and shall provide that such a pattern of inef-
     9  fective  teaching  or  performance  shall  constitute  very  significant
    10  evidence  of  incompetence  which  may  form  the  basis  for just cause
    11  removal, and provided further that any alternate disciplinary procedures
    12  contained in a collective bargaining agreement that becomes effective on
    13  or after April first, two thousand fifteen shall provide that all  hear-
    14  ings  shall be conducted before a single hearing officer and that such a
    15  pattern of ineffective teaching or performance  shall  constitute  prima
    16  facie  evidence  of  incompetence that can only be rebutted by clear and
    17  convincing evidence that the calculation of one or more of the teacher's
    18  or principal's underlying composite ratings on the  annual  professional
    19  performance  reviews pursuant to section three thousand twelve-c of this
    20  article was fraudulent, and if not successfully rebutted,  the  finding,
    21  absent extraordinary circumstances, shall be just cause for removal.
    22    §  3.  Section 3020-a of the education law, as amended by section 1 of
    23  part B of chapter 57 of the laws of 2012, is amended to read as follows:
    24    § 3020-a. Disciplinary procedures and penalties. 1. Filing of charges.
    25  All charges against a person enjoying the benefits of tenure as provided
    26  in subdivision three of section eleven hundred two, and  sections  twen-
    27  ty-five  hundred  nine,  twenty-five  hundred seventy-three, twenty-five
    28  hundred ninety-j, three thousand twelve and three thousand  fourteen  of
    29  this  chapter  shall be in writing and filed with the clerk or secretary
    30  of the school district or employing board during the period between  the
    31  actual  opening and closing of the school year for which the employed is
    32  normally required to serve. Except as provided in subdivision  eight  of
    33  section  twenty-five  hundred  seventy-three  and  subdivision  seven of
    34  section twenty-five hundred ninety-j of this chapter, no  charges  under
    35  this section shall be brought more than three years after the occurrence
    36  of  the alleged incompetency or misconduct, except when the charge is of
    37  misconduct constituting a crime when committed.
    38    2. Disposition of charges. a. Upon receipt of the charges,  the  clerk
    39  or secretary of the school district or employing board shall immediately
    40  notify  said  board  thereof. Within five days after receipt of charges,
    41  the employing board, in executive session, shall determine, by a vote of
    42  a majority of all the members of  such  board,  whether  probable  cause
    43  exists  to  bring a disciplinary proceeding against an employee pursuant
    44  to this section. If such determination is affirmative, a written  state-
    45  ment  specifying  (i)  the  charges  in detail, (ii) the maximum penalty
    46  which will be imposed by the board if the employee does  not  request  a
    47  hearing  or  that  will  be sought by the board if the employee is found
    48  guilty of the charges after a hearing and (iii)  the  employee's  rights
    49  under  this  section,  shall  be  immediately  forwarded  to the accused
    50  employee by certified or registered mail, return receipt requested or by
    51  personal delivery to the employee.
    52    b. The employee may be suspended pending a hearing on the charges  and
    53  the  final  determination  thereof.  The  suspension  shall be with pay,
    54  except the employee may be suspended without pay  if  the  employee  has
    55  entered  a  guilty  plea  to  or  has  been  convicted of a felony crime
    56  concerning the criminal sale or possession of a controlled substance,  a

        S. 2010                            33                            A. 3010
 
     1  precursor of a controlled substance, or drug paraphernalia as defined in
     2  article  two  hundred twenty or two hundred twenty-one of the penal law;
     3  or a felony crime involving the physical abuse of a  minor  or  student.
     4  The suspension shall also be without pay if the employee is charged with
     5  misconduct  constituting  physical  or  sexual abuse of a student and is
     6  suspended pending an expedited hearing pursuant to subparagraph (i-b) of
     7  paragraph c of subdivision three of this section, provided that such  an
     8  employee  shall be eligible to receive reimbursement for withheld pay if
     9  the hearing officer finds in his favor. The employee shall be terminated
    10  without a hearing, as provided for in this section, upon conviction of a
    11  sex offense, as defined in subparagraph two of paragraph b  of  subdivi-
    12  sion  seven-a  of  section  three  hundred  five of this chapter. To the
    13  extent this section applies to an employee acting as a  school  adminis-
    14  trator or supervisor, as defined in subparagraph three of paragraph b of
    15  subdivision  seven-b of section three hundred five of this chapter, such
    16  employee shall be terminated without a hearing, as provided for in  this
    17  section, upon conviction of a felony offense defined in subparagraph two
    18  of  paragraph  b of subdivision seven-b of section three hundred five of
    19  this chapter.
    20    c. [Within] (i) For hearings commenced by the filing of charges  prior
    21  to  April first, two thousand fifteen, within ten days of receipt of the
    22  statement of charges, the employee shall notify the clerk  or  secretary
    23  of the employing board in writing whether he or she desires a hearing on
    24  the  charges  and  when  the charges concern pedagogical incompetence or
    25  issues involving pedagogical judgment, his or her  choice  of  either  a
    26  single  hearing  officer  or a three member panel, provided that a three
    27  member panel shall not be available where the charges  concern  pedagog-
    28  ical  incompetence  based solely upon a teacher's or principal's pattern
    29  of ineffective teaching or performance as defined in section three thou-
    30  sand twelve-c of this article. All other charges shall  be  heard  by  a
    31  single hearing officer.
    32    (ii) All hearings commenced by the filing of charges on or after April
    33  first, two thousand fifteen shall be heard by a single hearing officer.
    34    d. The unexcused failure of the employee to notify the clerk or secre-
    35  tary  of  his or her desire for a hearing within ten days of the receipt
    36  of charges shall be deemed a waiver of the right to a hearing.  Where an
    37  employee requests a hearing in the manner provided for by this  section,
    38  the  clerk or secretary of the board shall, within three working days of
    39  receipt of the employee's notice or request for a  hearing,  notify  the
    40  commissioner  of  the  need for a hearing. If the employee waives his or
    41  her right to a hearing the employing board shall proceed, within fifteen
    42  days, by a vote of a majority of all members of such board, to determine
    43  the case and fix the penalty, if any, to be imposed in  accordance  with
    44  subdivision four of this section.
    45    3.  Hearings.  a.  Notice  of hearing. Upon receipt of a request for a
    46  hearing in accordance with subdivision two of this section, the  commis-
    47  sioner  shall  forthwith  notify  the  American  Arbitration Association
    48  (hereinafter "association") of the need for a hearing and shall  request
    49  the association to provide to the commissioner forthwith a list of names
    50  of  persons  chosen  by  the association from the association's panel of
    51  labor arbitrators to potentially serve as hearing officers together with
    52  relevant biographical information on each arbitrator.  Upon  receipt  of
    53  said list and biographical information, the commissioner shall forthwith
    54  send  a  copy  of  both  simultaneously  to  the employing board and the
    55  employee. The commissioner shall also  simultaneously  notify  both  the
    56  employing  board  and  the  employee of each potential hearing officer's

        S. 2010                            34                            A. 3010
 
     1  record in the last five cases  of  commencing  and  completing  hearings
     2  within the time periods prescribed in this section.
     3    b.  (i)  Hearing officers. All hearings pursuant to this section shall
     4  be conducted before and by a single hearing officer selected as provided
     5  for in this section. A hearing officer shall not be eligible to serve in
     6  such position if he or she is a resident of the school  district,  other
     7  than  the  city  of  New  York,  under the jurisdiction of the employing
     8  board, an employee, agent or representative of the employing board or of
     9  any labor organization representing employees of such  employing  board,
    10  has  served as such agent or representative within two years of the date
    11  of the scheduled hearing, or if he or she is then serving as a  mediator
    12  or fact finder in the same school district.
    13    (A) Notwithstanding any other provision of law, for hearings commenced
    14  by  the filing of charges prior to April first, two thousand twelve, the
    15  hearing officer shall be compensated by the department with the  custom-
    16  ary  fee  paid  for  service  as an arbitrator under the auspices of the
    17  association for each day of actual service  plus  necessary  travel  and
    18  other  reasonable  expenses  incurred  in  the performance of his or her
    19  duties. All other expenses of the disciplinary proceedings commenced  by
    20  the filing of charges prior to April first, two thousand twelve shall be
    21  paid  in  accordance  with rules promulgated by the commissioner. Claims
    22  for such compensation for days of actual service and  reimbursement  for
    23  necessary travel and other expenses for hearings commenced by the filing
    24  of  charges prior to April first, two thousand twelve shall be paid from
    25  an appropriation for such purpose in the order in which they  have  been
    26  approved  by  the commissioner for payment, provided payment shall first
    27  be made for any other hearing costs payable by the commissioner, includ-
    28  ing the costs of transcribing the record, and provided further  that  no
    29  such  claim  shall  be  set  aside  for insufficiency of funds to make a
    30  complete payment, but shall be eligible for a  partial  payment  in  one
    31  year and shall retain its priority date status for appropriations desig-
    32  nated for such purpose in future years.
    33    (B)  Notwithstanding any other provision of law, rule or regulation to
    34  the contrary, for hearings commenced by the  filing  of  charges  on  or
    35  after  April  first,  two  thousand twelve, the hearing officer shall be
    36  compensated by the department for each day of actual service plus neces-
    37  sary travel and other reasonable expenses incurred in the performance of
    38  his or her duties, provided that  the  commissioner  shall  establish  a
    39  schedule  for maximum rates of compensation of hearing officers based on
    40  customary and reasonable fees for service as an arbitrator  and  provide
    41  for limitations on the number of study hours that may be claimed.
    42    (ii)  The  commissioner  shall  mail  to  the  employing board and the
    43  employee the list of potential hearing officers and biographies provided
    44  to the commissioner by the association,  the  employing  board  and  the
    45  employee, individually or through their agents or representatives, shall
    46  by  mutual  agreement select a hearing officer from said list to conduct
    47  the hearing and shall notify the commissioner of their selection.
    48    (iii) Within fifteen days after receiving the list of potential  hear-
    49  ing  officers  as  described in subparagraph (ii) of this paragraph, the
    50  employing board and the employee shall each notify the  commissioner  of
    51  their  agreed upon hearing officer selection. If the employing board and
    52  the employee fail to agree on an arbitrator to serve as a hearing  offi-
    53  cer  from  the list of potential hearing officers, or fail to notify the
    54  commissioner of a selection within such fifteen  day  time  period,  the
    55  commissioner  shall  appoint  a  hearing  officer  from  the  list.  The
    56  provisions of this subparagraph shall not apply in cities with  a  popu-

        S. 2010                            35                            A. 3010
 
     1  lation  of  one million or more with alternative procedures specified in
     2  section three thousand twenty of this article.
     3    (iv)  In those cases commenced by the filing of charges prior to April
     4  first, two thousand fifteen in which the employee  elects  to  have  the
     5  charges heard by a hearing panel, the hearing panel shall consist of the
     6  hearing  officer,  selected in accordance with this subdivision, and two
     7  additional persons, one selected by the employee and one selected by the
     8  employing board, from a list maintained for such purpose by the  commis-
     9  sioner. The list shall be composed of professional personnel with admin-
    10  istrative  or supervisory responsibility, professional personnel without
    11  administrative or supervisory responsibility, chief  school  administra-
    12  tors,  members  of  employing  boards  and others selected from lists of
    13  nominees  submitted  to  the  commissioner  by  statewide  organizations
    14  representing  teachers,  school  administrators  and supervisors and the
    15  employing boards. Hearing panel members other than the  hearing  officer
    16  shall  be  compensated  by  the  department  at  the rate of one hundred
    17  dollars for each day of actual service plus necessary travel and subsis-
    18  tence expenses. The hearing officer shall be compensated as set forth in
    19  this subdivision. The hearing officer shall be the  chairperson  of  the
    20  hearing panel.
    21    c.  Hearing  procedures. (i) (A) The commissioner shall have the power
    22  to establish necessary rules and procedures for the conduct of  hearings
    23  under this section.
    24    (B)  The  department  shall be authorized to monitor and investigate a
    25  hearing officer's compliance with statutory timelines pursuant  to  this
    26  section. The commissioner shall annually inform all hearing officers who
    27  have heard cases pursuant to this section during the preceding year that
    28  the time periods prescribed in this section for conducting such hearings
    29  are  to  be strictly followed. A record of continued failure to commence
    30  and complete hearings within the time periods prescribed in this section
    31  shall be considered grounds for the commissioner to exclude  such  indi-
    32  vidual from the list of potential hearing officers sent to the employing
    33  board and the employee for such hearings.
    34    (C)  Such  rules  shall not require compliance with technical rules of
    35  evidence. Hearings shall be conducted by the  hearing  officer  selected
    36  pursuant  to paragraph b of this subdivision [with full and fair disclo-
    37  sure of the nature of the case and evidence against the employee by  the
    38  employing board] and shall be public or private at the discretion of the
    39  employee.  Full  and fair disclosure of the witnesses and evidence shall
    40  be made by both parties in the manner prescribed in articles  three  and
    41  four  of the state administrative procedure act. The employee shall have
    42  a reasonable opportunity to defend himself or herself and an opportunity
    43  to testify in his or her own behalf. The employee shall not be  required
    44  to  testify.  Each party shall have the right to be represented by coun-
    45  sel, to subpoena witnesses, and to cross-examine witnesses. All testimo-
    46  ny taken shall be under oath which the hearing officer is hereby author-
    47  ized to administer. Children shall be permitted to testify through sworn
    48  written or video statements.
    49    (D) An accurate record of the proceedings shall be kept at the expense
    50  of the department at each such hearing  in  accordance  with  the  regu-
    51  lations of the commissioner. A copy of the record of the hearings shall,
    52  upon  request, be furnished without charge to the employee and the board
    53  of education involved. The department shall be authorized to utilize any
    54  new technology or such other appropriate means to transcribe  or  record
    55  such  hearings  in  an  accurate, reliable, efficient and cost-effective

        S. 2010                            36                            A. 3010
 
     1  manner without  any  charge  to  the  employee  or  board  of  education
     2  involved.
     3    (i-a)(A) Where charges of incompetence are brought based solely upon a
     4  pattern of ineffective teaching or performance of a classroom teacher or
     5  principal,  as  defined in section three thousand twelve-c of this arti-
     6  cle, the hearing shall be conducted before and by a single hearing offi-
     7  cer in an expedited hearing, which  shall  commence  within  seven  days
     8  after  the  pre-hearing  conference  and shall be completed within sixty
     9  days after the pre-hearing conference. The hearing officer shall  estab-
    10  lish a hearing schedule at the pre-hearing conference to ensure that the
    11  expedited  hearing  is  completed  within the required timeframes and to
    12  ensure an equitable distribution of days between the employing board and
    13  the charged employee. Notwithstanding any other law, rule or  regulation
    14  to  the  contrary,  no adjournments may be granted that would extend the
    15  hearing beyond such sixty days, except as authorized  in  this  subpara-
    16  graph.  A  hearing  officer,  upon request, may grant a limited and time
    17  specific adjournment that would extend the  hearing  beyond  such  sixty
    18  days if the hearing officer determines that the delay is attributable to
    19  a  circumstance  or  occurrence  substantially beyond the control of the
    20  requesting party and an injustice would result if the  adjournment  were
    21  not granted.
    22    (B)  Such  charges shall allege that the employing board has developed
    23  and substantially implemented a teacher or principal improvement plan in
    24  accordance with subdivision four of section three thousand  twelve-c  of
    25  this  article  for  the employee following the first evaluation in which
    26  the employee was rated ineffective, and the immediately preceding evalu-
    27  ation if the employee was rated developing.  Notwithstanding  any  other
    28  provision  of  law to the contrary, a pattern of ineffective teaching or
    29  performance as defined in section three thousand twelve-c of this  arti-
    30  cle  shall  [constitute  very  significant  evidence of incompetence for
    31  purposes of this section] constitute prima facie  evidence  of  incompe-
    32  tence  that  can  only be rebutted by clear and convincing evidence that
    33  the calculation of one or more of the teacher's or principal's  underly-
    34  ing  composite  ratings  on  the annual professional performance reviews
    35  pursuant to section three thousand twelve-c of this article was  fraudu-
    36  lent,  and  if  not  successfully rebutted, the finding, absent extraor-
    37  dinary circumstances, shall be just cause for removal.  Nothing in  this
    38  subparagraph  shall  be  construed to otherwise limit the defenses which
    39  the employee may place before the hearing  officer  in  challenging  the
    40  allegation  of  a pattern of ineffective teaching or performance, except
    41  that failure of the employing board to rehabilitate the teacher or prin-
    42  cipal and correct his or her deficiencies shall not be a defense.
    43    (C) The commissioner shall annually inform all  hearing  officers  who
    44  have heard cases pursuant to this section during the preceding year that
    45  the  time  periods  prescribed in this subparagraph for conducting expe-
    46  dited hearings are to be strictly followed. A record of continued  fail-
    47  ure  to commence and complete expedited hearings within the time periods
    48  prescribed in this subparagraph shall  be  considered  grounds  for  the
    49  commissioner to exclude such individual from the list of potential hear-
    50  ing officers sent to the employing board and the employee for such expe-
    51  dited hearings.
    52    (i-b)(A)  Where  charges of misconduct constituting physical or sexual
    53  abuse of a student are brought, the hearing shall  be  conducted  before
    54  and  by  a  single  hearing officer in an expedited hearing, which shall
    55  commence within seven days after the pre-hearing conference and shall be
    56  completed within sixty days after the pre-hearing conference. The  hear-

        S. 2010                            37                            A. 3010
 
     1  ing  officer  shall  establish  a  hearing  schedule  at the pre-hearing
     2  conference to ensure that the expedited hearing is completed within  the
     3  required  timeframes  and  to  ensure  an equitable distribution of days
     4  between  the  employing  board and the charged employee. Notwithstanding
     5  any other law, rule or regulation to the contrary, no  adjournments  may
     6  be  granted that would extend the hearing beyond such sixty days, except
     7  as authorized in this subparagraph. A hearing officer, upon request, may
     8  grant a limited and time specific  adjournment  that  would  extend  the
     9  hearing  beyond  such  sixty days if the hearing officer determines that
    10  the delay is attributable to a circumstance or occurrence  substantially
    11  beyond the control of the requesting party and an injustice would result
    12  if the adjournment were not granted.
    13    (B)  The  commissioner  shall annually inform all hearing officers who
    14  have heard cases pursuant to this section during the preceding year that
    15  the time periods prescribed in this subparagraph  for  conducting  expe-
    16  dited hearings are to be strictly followed and failure to do so shall be
    17  considered  grounds for the commissioner to exclude such individual from
    18  the list of potential hearing officers sent to the employing  board  and
    19  the employee for such expedited hearings.
    20    (ii)  The  hearing  officer  selected  to conduct a hearing under this
    21  section shall, within ten to fifteen days of agreeing to serve  in  such
    22  position,  hold  a  pre-hearing  conference  which  shall be held in the
    23  school district or county seat of the county, or any county, wherein the
    24  employing school board is located. The pre-hearing conference  shall  be
    25  limited  in length to one day except that the hearing officer, in his or
    26  her discretion, may allow one additional day for good cause shown.
    27    (iii) At the pre-hearing conference the hearing officer shall have the
    28  power to:
    29    (A) issue subpoenas;
    30    (B) hear and decide all motions, including but not limited to  motions
    31  to dismiss the charges;
    32    (C)  hear  and  decide  all  applications  for  bills of particular or
    33  requests for production of materials or information, including, but  not
    34  limited  to, any witness statement (or statements), investigatory state-
    35  ment (or statements) or note (notes), exculpatory evidence or any  other
    36  evidence,  including  district or student records, relevant and material
    37  to the employee's defense.
    38    (iv) Any pre-hearing motion or application relative to the sufficiency
    39  of the charges, application or amendment  thereof,  or  any  preliminary
    40  matters shall be made upon written notice to the hearing officer and the
    41  adverse  party no less than five days prior to the date of the pre-hear-
    42  ing conference. Any pre-hearing motions  or  applications  not  made  as
    43  provided  for  herein  shall  be  deemed waived except for good cause as
    44  determined by the hearing officer.
    45    (v) In the event that at  the  pre-hearing  conference  the  employing
    46  board  presents  evidence  that the professional license of the employee
    47  has been revoked and all judicial and administrative remedies have  been
    48  exhausted  or  foreclosed,  the hearing officer shall schedule the date,
    49  time and place for an expedited hearing, which  hearing  shall  commence
    50  not  more  than  seven  days  after the pre-hearing conference and which
    51  shall be limited to one day. The expedited hearing shall be held in  the
    52  local school district or county seat of the county or any county, where-
    53  in  the said employing board is located. The expedited hearing shall not
    54  be postponed except upon the request of a party and then only  for  good
    55  cause  as determined by the hearing officer. At such hearing, each party
    56  shall have equal time in which to present its case.

        S. 2010                            38                            A. 3010
 
     1    (vi) During the pre-hearing  conference,  the  hearing  officer  shall
     2  determine the reasonable amount of time necessary for a final hearing on
     3  the  charge  or  charges  and  shall  schedule the location, time(s) and
     4  date(s) for the final hearing. The final hearing shall be  held  in  the
     5  local school district or county seat of the county, or any county, wher-
     6  ein  the  said  employing school board is located. In the event that the
     7  hearing officer determines that the nature  of  the  case  requires  the
     8  final hearing to last more than one day, the days that are scheduled for
     9  the  final  hearing  shall be consecutive. The day or days scheduled for
    10  the final hearing shall not be postponed except upon the  request  of  a
    11  party  and  then  only for good cause shown as determined by the hearing
    12  officer. In all cases, the final hearing shall  be  completed  no  later
    13  than  sixty  days  after  the  pre-hearing conference unless the hearing
    14  officer determines that extraordinary circumstances  warrant  a  limited
    15  extension.
    16    (vii)  All  evidence  shall  be  submitted  by  all parties within one
    17  hundred twenty-five days of the filing  of  charges  and  no  additional
    18  evidence shall be accepted after such time, absent extraordinary circum-
    19  stances beyond the control of the parties.
    20    d.  Limitation  on claims. Notwithstanding any other provision of law,
    21  rule or regulation to the contrary, no payments shall  be  made  by  the
    22  department  pursuant  to  this  subdivision on or after April first, two
    23  thousand twelve for: (i) compensation of a hearing  officer  or  hearing
    24  panel  member,  (ii)  reimbursement  of  such  hearing officers or panel
    25  members for necessary travel or other  expenses  incurred  by  them,  or
    26  (iii)  for  other  hearing  expenses on a claim submitted later than one
    27  year after the final disposition of the hearing by any means,  including
    28  settlement, or within ninety days after the effective date of this para-
    29  graph,  whichever  is later; provided that no payment shall be barred or
    30  reduced where such payment is required as a result of a court  order  or
    31  judgment or a final audit.
    32    4.  Post  hearing  procedures.  a.  The hearing officer shall render a
    33  written decision within thirty days of the last day of the  final  hear-
    34  ing,  or  in  the  case  of an expedited hearing within ten days of such
    35  expedited hearing, and shall forward a copy thereof to the  commissioner
    36  who shall immediately forward copies of the decision to the employee and
    37  to  the  clerk or secretary of the employing board. The written decision
    38  shall include the hearing officer's findings of fact on each charge, his
    39  or her conclusions with regard to each charge based on said findings and
    40  shall state what penalty or other action, if any, shall be taken by  the
    41  employing  board.  [At the request of the employee, in determining what,
    42  if any, penalty or other action shall be imposed,  the  hearing  officer
    43  shall  consider  the  extent  to  which the employing board made efforts
    44  towards correcting the behavior of the employee which resulted in charg-
    45  es being brought under this section  through  means  including  but  not
    46  limited  to:    remediation, peer intervention or an employee assistance
    47  plan.] Failure of the employing board to remediate or correct the behav-
    48  ior of the employee shall not be a defense to any charges and shall  not
    49  be considered by the hearing officer in determining the penalty or other
    50  action  to  be  imposed. In those cases where a penalty is imposed, such
    51  penalty may be a written reprimand, a fine, suspension for a fixed  time
    52  without  pay,  or  dismissal. In addition to or in lieu of the aforemen-
    53  tioned penalties, the hearing officer[, where he or she deems  appropri-
    54  ate,]  may  impose  upon  the employee remedial action including but not
    55  limited to leaves of absence with or without pay,  continuing  education
    56  and/or study, a requirement that the employee seek counseling or medical

        S. 2010                            39                            A. 3010
 
     1  treatment  or that the employee engage in any other remedial or combina-
     2  tion of remedial actions. Provided, however, that  the  hearing  officer
     3  shall  adopt the penalty recommended by the employing board except where
     4  the hearing officer concludes that the board acted in bad faith or there
     5  are  extraordinary  circumstances in which the recommended penalty would
     6  be so disproportionate to the offenses proven as to be shocking  to  the
     7  conscience of the hearing officer.
     8    b.  Within  fifteen  days of receipt of the hearing officer's decision
     9  the employing board shall implement the decision.  If  the  employee  is
    10  acquitted  he  or she shall be restored to his or her position with full
    11  pay for any period of suspension without pay and  the  charges  expunged
    12  from the employment record. If an employee who was convicted of a felony
    13  crime  specified  in paragraph b of subdivision two of this section, has
    14  said conviction reversed, the employee, upon application, shall be enti-
    15  tled to have his or her pay and other emoluments restored, for the peri-
    16  od from the date of his or her suspension to the date of the decision.
    17    c. The hearing officer shall indicate in the decision whether  any  of
    18  the  charges brought by the employing board were frivolous as defined in
    19  section eighty-three hundred three-a  of  the  civil  practice  law  and
    20  rules.  If  the  hearing  officer  finds that all of the charges brought
    21  against the employee were frivolous, the hearing officer shall order the
    22  employing board to reimburse the department the  reasonable  costs  said
    23  department  incurred  as a result of the proceeding and to reimburse the
    24  employee the reasonable costs, including but not limited  to  reasonable
    25  attorneys'  fees, the employee incurred in defending the charges. If the
    26  hearing officer finds that some but  not  all  of  the  charges  brought
    27  against the employee were frivolous, the hearing officer shall order the
    28  employing board to reimburse the department a portion, in the discretion
    29  of the hearing officer, of the reasonable costs said department incurred
    30  as  a  result of the proceeding and to reimburse the employee a portion,
    31  in the discretion of the  hearing  officer,  of  the  reasonable  costs,
    32  including  but  not  limited to reasonable attorneys' fees, the employee
    33  incurred in defending the charges.
    34    5. Appeal. a. Not later than ten days after  receipt  of  the  hearing
    35  officer's  decision,  the  employee  or  the employing board may make an
    36  application to the New York state supreme court to vacate or modify  the
    37  decision of the hearing officer pursuant to section seventy-five hundred
    38  eleven  of the civil practice law and rules. The court's review shall be
    39  limited to the grounds set forth in such section.  The  hearing  panel's
    40  determination  shall  be  deemed  to  be  final  for the purpose of such
    41  proceeding.
    42    b. In no case shall the filing or the pendency of an appeal delay  the
    43  implementation of the decision of the hearing officer.
    44    § 4. Paragraph j of subdivision 5-a of section 3012-c of the education
    45  law,  as  added by chapter 21 of the laws of 2012, is amended to read as
    46  follows:
    47    j. If a teacher receives an ineffective rating for a  school  year  in
    48  which  the  teacher  is in year two status and the independent validator
    49  agrees, the district may bring a proceeding pursuant to  sections  three
    50  thousand  twenty  and three thousand twenty-a of this article based on a
    51  pattern of ineffective teaching or performance. In such proceeding,  the
    52  charges shall allege that the employing board has developed and substan-
    53  tially  implemented a teacher improvement plan in accordance with subdi-
    54  vision four of this section for the employee  following  the  evaluation
    55  made  for  the year in which the employee was in year one status and was
    56  rated ineffective. The pattern of ineffective  teaching  or  performance

        S. 2010                            40                            A. 3010
 
     1  shall  [give rise to a rebuttable presumption of incompetence and if the
     2  presumption is not successfully rebutted, the finding,  absent  extraor-
     3  dinary  circumstances, shall be just cause for removal] constitute prima
     4  facie  evidence  of  incompetence that can only be rebutted by clear and
     5  convincing evidence that the calculation of one or more of the teacher's
     6  or principal's underlying composite ratings on the  annual  professional
     7  performance  reviews pursuant to this section was fraudulent, and if not
     8  successfully rebutted, the finding, absent extraordinary  circumstances,
     9  shall  be  just  cause for removal. In these hearings, the teacher shall
    10  have up to three days to present his or her case for every one day  used
    11  by  the district to present its case. The hearing officer shall render a
    12  written decision within ten days of the last day of the hearing.
    13    § 5. This act shall take effect April 1, 2015 and shall apply to hear-
    14  ings commenced by the filing or service of charges on or after April  1,
    15  2015, provided that effective immediately, the commissioner of education
    16  shall  be  authorized  to promulgate any regulations needed to implement
    17  the provisions of this act on such effective date.
 
    18                                  SUBPART F
 
    19    Section 1. Paragraph (a) of subdivision  1  of  section  2856  of  the
    20  education  law,  as amended by section 3 of part BB of chapter 56 of the
    21  laws of 2014, is amended to read as follows:
    22    (a) The enrollment of students  attending  charter  schools  shall  be
    23  included  in  the enrollment, attendance, membership and, if applicable,
    24  count of students with disabilities of the school district in which  the
    25  pupil  resides.  The  charter  school  shall report all such data to the
    26  school districts of residence in a timely manner. Each  school  district
    27  shall  report  such  enrollment,  attendance  and count of students with
    28  disabilities to the department. The school district of  residence  shall
    29  pay  directly  to  the  charter  school for each student enrolled in the
    30  charter school who resides in the school  district  the  charter  school
    31  basic tuition, which shall be:
    32    (i)  for school years prior to the two thousand nine--two thousand ten
    33  school year and for school years following the two thousand sixteen--two
    34  thousand seventeen school year, an amount equal to one  hundred  percent
    35  of  the  amount calculated pursuant to paragraph f of subdivision one of
    36  section thirty-six hundred two of this chapter for the  school  district
    37  for  the  year prior to the base year increased by the percentage change
    38  in the state total approved operating  expense  calculated  pursuant  to
    39  paragraph t of subdivision one of section thirty-six hundred two of this
    40  chapter from two years prior to the base year to the base year;
    41    (ii)  for  the  two  thousand  nine--two thousand ten school year, the
    42  charter school basic  tuition  shall  be  the  amount  payable  by  such
    43  district as charter school basic tuition for the two thousand eight--two
    44  thousand nine school year;
    45    (iii)  for the two thousand ten--two thousand eleven through two thou-
    46  sand thirteen--two thousand fourteen school years,  the  charter  school
    47  basic  tuition  shall be the basic tuition computed for the two thousand
    48  ten--two thousand eleven school  year  pursuant  to  the  provisions  of
    49  subparagraph (i) of this paragraph;
    50    (iv) for the two thousand fourteen--two thousand fifteen, two thousand
    51  fifteen--two  thousand  sixteen  and  two thousand sixteen--two thousand
    52  seventeen school years, the charter school basic tuition  shall  be  the
    53  sum  of  the lesser of the charter school basic tuition computed for the
    54  two thousand ten--two  thousand  eleven  school  year  pursuant  to  the

        S. 2010                            41                            A. 3010
 
     1  provisions  of  subparagraph (i) of this paragraph or the charter school
     2  basic tuition computed for the current year pursuant to  the  provisions
     3  of  subparagraph  (i)  of  this  paragraph  plus  the supplemental basic
     4  tuition.
     5    For the purposes of this subdivision, the "supplemental basic tuition"
     6  shall  be  (A)  for a school district for which the charter school basic
     7  tuition computed for the current year is greater than or  equal  to  the
     8  charter  school  basic  tuition  for  the two thousand ten--two thousand
     9  eleven school year pursuant to the provisions  of  subparagraph  (i)  of
    10  this  paragraph, (1) for the two thousand fourteen--two thousand fifteen
    11  school year two hundred and fifty dollars, and (2) for the two  thousand
    12  fifteen--two thousand sixteen school year [three hundred and fifty] four
    13  hundred  twenty-five  dollars, and (3) for the two thousand sixteen--two
    14  thousand seventeen school year five hundred  seventy-five  dollars,  and
    15  (B) for a school district for which the charter school basic tuition for
    16  the  two  thousand  ten--two thousand eleven school year is greater than
    17  the charter school basic tuition for the current year  pursuant  to  the
    18  provisions  of  subparagraph (i) of this paragraph, the positive differ-
    19  ence of the charter school basic tuition for the two  thousand  ten--two
    20  thousand  eleven  school year minus the charter school basic tuition for
    21  the current year pursuant to the provisions of subparagraph (i) of  this
    22  paragraph.
    23    §  2.  Paragraph (a) of subdivision 1 of section 2856 of the education
    24  law, as amended by section 4 of part BB of chapter 56  of  the  laws  of
    25  2014, is amended to read as follows:
    26    (a)  The  enrollment  of  students  attending charter schools shall be
    27  included in the enrollment, attendance, membership and,  if  applicable,
    28  count  of students with disabilities of the school district in which the
    29  pupil resides. The charter school shall report  all  such  data  to  the
    30  school  districts  of residence in a timely manner. Each school district
    31  shall report such enrollment, attendance  and  count  of  students  with
    32  disabilities  to  the department. The school district of residence shall
    33  pay directly to the charter school for  each  student  enrolled  in  the
    34  charter  school  who  resides  in the school district the charter school
    35  basic tuition which shall be:
    36    (i) for school years prior to the two thousand nine--two thousand  ten
    37  school year and for school years following the two thousand sixteen--two
    38  thousand  seventeen  school year, an amount equal to one hundred percent
    39  of the amount calculated pursuant to paragraph f of subdivision  one  of
    40  section  thirty-six  hundred two of this chapter for the school district
    41  for the year prior to the base year increased by the  percentage  change
    42  in  the  state  total  approved operating expense calculated pursuant to
    43  paragraph t of subdivision one of section thirty-six hundred two of this
    44  chapter from two years prior to the base year to the base year;
    45    (ii) for the two thousand nine--two  thousand  ten  school  year,  the
    46  charter  school  basic  tuition  shall  be  the  amount  payable by such
    47  district as charter school basic tuition for the two thousand eight--two
    48  thousand nine school year;
    49    (iii) for the two thousand ten--two thousand eleven through two  thou-
    50  sand  thirteen--two  thousand  fourteen school years, the charter school
    51  basic tuition shall be the basic tuition computed for the  two  thousand
    52  ten--two  thousand  eleven  school  year  pursuant  to the provisions of
    53  subparagraph (i) of this paragraph;
    54    (iv) for the two thousand fourteen--two thousand fifteen, two thousand
    55  fifteen--two thousand sixteen and  two  thousand  sixteen--two  thousand
    56  seventeen  school  years,  the charter school basic tuition shall be the

        S. 2010                            42                            A. 3010
 
     1  sum of the lesser of the charter school basic tuition computed  for  the
     2  two  thousand  ten--two  thousand  eleven  school  year  pursuant to the
     3  provisions of subparagraph (i) of this paragraph or the  charter  school
     4  basic  tuition  computed for the current year pursuant to the provisions
     5  of subparagraph (i)  of  this  paragraph  plus  the  supplemental  basic
     6  tuition.
     7    For the purposes of this subdivision, the "supplemental basic tuition"
     8  shall  be  (A)  for a school district for which the charter school basic
     9  tuition computed for the current year is greater than or  equal  to  the
    10  charter  school  basic  tuition  for  the two thousand ten--two thousand
    11  eleven school year pursuant to the provisions  of  subparagraph  (i)  of
    12  this  paragraph, (1) for the two thousand fourteen--two thousand fifteen
    13  school year two hundred and fifty dollars, and (2) for the two  thousand
    14  fifteen--two thousand sixteen school year [three hundred and fifty] four
    15  hundred  twenty-five  dollars, and (3) for the two thousand sixteen--two
    16  thousand seventeen school year five hundred  seventy-five  dollars,  and
    17  (B) for a school district for which the charter school basic tuition for
    18  the  two  thousand  ten--two thousand eleven school year is greater than
    19  the charter school basic tuition for the current year  pursuant  to  the
    20  provisions  of  subparagraph (i) of this paragraph, the positive differ-
    21  ence of the charter school basic tuition for the two  thousand  ten--two
    22  thousand  eleven  school year minus the charter school basic tuition for
    23  the current year pursuant to the provisions of subparagraph (i) of  this
    24  paragraph.
    25    §  3.  Subdivisions  9  and  9-a of section 2852 of the education law,
    26  subdivision 9 as amended and subdivision 9-a as added by chapter 101  of
    27  the laws of 2010, paragraph (a) of subdivision 9-a as amended by chapter
    28  221  of the laws of 2010, paragraph (f) of subdivision 9-a as amended by
    29  chapter 102 of the laws of 2010, are amended to read as follows:
    30    9. The total number of charters issued pursuant to this article state-
    31  wide shall not exceed [four] five hundred sixty.  (a)  [One  hundred  of
    32  such charters shall be issued on the recommendation of the charter enti-
    33  ty  described  in  paragraph (b) of subdivision three of section twenty-
    34  eight hundred fifty-one of this article; (b) one hundred of  such  char-
    35  ters shall be issued on the recommendation of the other charter entities
    36  set forth in subdivision three of section twenty-eight hundred fifty-one
    37  of  this  article; (c) up to fifty of the additional charters authorized
    38  to be issued by the chapter of the laws  of  two  thousand  seven  which
    39  amended  this subdivision effective July first, two thousand seven shall
    40  be reserved for a city school district of a city having a population  of
    41  one  million or more; (d) one hundred thirty charters shall be issued by
    42  the board of regents pursuant to a  competitive  process  in  accordance
    43  with  subdivision  nine-a  of  this  section, provided that no more than
    44  fifty-seven of such charters shall be granted to a charter for a  school
    45  to  be located in a city having a population of one million or more; (e)
    46  one hundred thirty charters shall be issued by the board of  regents  on
    47  the  recommendation  of the board of trustees of the state university of
    48  New York pursuant to a competitive process in accordance  with  subdivi-
    49  sion  nine-a  of this section, provided that no more than fifty-seven of
    50  such charters shall be granted to a charter for a school to  be  located
    51  in  a  city  having  a  population  of one million or more] All charters
    52  issued on or after February first,  two  thousand  fifteen  and  counted
    53  toward  the  numerical  limits  established by this subdivision shall be
    54  issued by the board of regents upon application directly to the board of
    55  regents or on the recommendation of the board of trustees of  the  state
    56  university  of  New York pursuant to a competitive process in accordance

        S. 2010                            43                            A. 3010
 
     1  with subdivision nine-a of this section. The  failure  of  any  body  to
     2  issue  the  regulations  authorized  pursuant  to this article shall not
     3  affect the authority of a charter entity to propose  a  charter  to  the
     4  board  of regents or the board of regents' authority to grant such char-
     5  ter. A conversion of an existing public school to a  charter  school  or
     6  the  renewal  or  extension  of a charter approved by any charter entity
     7  shall not be counted toward the numerical  limits  established  by  this
     8  subdivision.
     9    (b)  A  charter  school whose charter has been surrendered, revoked or
    10  terminated, including a charter that has not been renewed by  action  of
    11  its  charter  entity,  shall  not be counted toward the numerical limits
    12  established by this subdivision and instead shall  be  returned  to  the
    13  statewide  pool  and may be reissued by the board of regents either upon
    14  application directly to the board of regents or on the recommendation of
    15  the board of trustees of the state university of New York pursuant to  a
    16  competitive  process  in  accordance  with  subdivision  nine-a  of this
    17  section.
    18    (c) For purposes of determining the total number  of  charters  issued
    19  within  the  numerical  limits  established  by  this  subdivision,  the
    20  approval date of the chartering entity shall be the determining factor.
    21    9-a. (a) The board of regents is hereby  authorized  and  directed  to
    22  issue  [two]  up to five hundred sixty charters upon either applications
    23  submitted directly to the board of regents or  applications  recommended
    24  by the board of trustees of the state university of New York pursuant to
    25  a competitive request for proposals process.
    26    [(i)  Commencing  on  August first, two thousand ten through September
    27  first, two thousand thirteen, the board of  regents  and  the  board  of
    28  trustees  of the state university of New York shall each issue a request
    29  for proposals in accordance with this subdivision and this subparagraph:
    30    (1) Each request for proposals to be issued by the  board  of  regents
    31  and  the board of trustees of the state university of New York on August
    32  first, two thousand ten shall be for a maximum of thirty-two charters to
    33  be issued for charter schools which would commence instructional  opera-
    34  tion by the September of the next calendar year.
    35    (2)  Each  request  for proposals to be issued by the board of regents
    36  and the board of trustees of the state university of New York on January
    37  first, two thousand eleven shall be for a maximum of thirty-three  char-
    38  ters to be issued for charter schools which would commence instructional
    39  operation by the September of the next calendar year.
    40    (3)  Each  request  for proposals to be issued by the board of regents
    41  and the board of trustees of the state university of New York on January
    42  first, two thousand twelve shall be for a maximum of thirty-two charters
    43  to be issued for charter  schools  which  would  commence  instructional
    44  operation by the September of the next calendar year.
    45    (4)  Each  request  for proposals to be issued by the board of regents
    46  and the board of trustees of the state university of New York on Septem-
    47  ber first, two thousand thirteen shall be for a maximum of  thirty-three
    48  charters  to be issued for charter schools which would commence instruc-
    49  tional operation by the September of the next calendar year.
    50    (ii) If after September first, two thousand thirteen, either the board
    51  of regents or the board of trustees of the state university of New  York
    52  have  any  charters  which  have not yet been issued, they may be issued
    53  pursuant to requests for proposals issued in each succeeding year, with-
    54  out limitation as to when such requests for proposals may be issued,  or
    55  a limitation on the number of charters which may be issued.

        S. 2010                            44                            A. 3010

     1    (iii)  Notwithstanding  the  provisions of clauses one, two, three and
     2  four of subparagraph (i) of this paragraph and subparagraph (ii) of this
     3  paragraph, if fewer charters are issued  than  were  requested  in  such
     4  request  for  proposals,  the  difference  may be added to the number of
     5  charters  requested in the request for proposals issued in each succeed-
     6  ing year.
     7    (iv)] The board of regents shall make a determination to issue a char-
     8  ter pursuant to a request for proposals no later than  December  thirty-
     9  first of each year.
    10    (b)  The  board  of  regents  and  the  board of trustees of the state
    11  university of New York shall each develop such request for proposals  in
    12  a manner that facilitates a thoughtful review of charter school applica-
    13  tions,  considers  the  demand for charter schools by the community, and
    14  seeks to locate charter schools in a region or regions where  there  may
    15  be  a  lack  of alternatives and access to charter schools would provide
    16  new alternatives within the local public  education  system  that  would
    17  offer  the  greatest educational benefit to students. Applications shall
    18  be evaluated in accordance with the criteria  and  objectives  contained
    19  within  a  request  for proposals. The board of regents and the board of
    20  trustees of the state university of New  York  shall  not  consider  any
    21  applications  which do not rigorously demonstrate that they have met the
    22  following criteria:
    23    (i) that the proposed charter school would meet or  exceed  enrollment
    24  and  retention  targets,  as  prescribed  by the board of regents or the
    25  board of trustees of the state university of New York, as applicable, of
    26  students with disabilities, English language learners, and students  who
    27  are  eligible  applicants  for the free and reduced price lunch program.
    28  When developing such targets, the board of  regents  and  the  board  of
    29  trustees of the state university of New York, shall ensure (1) that such
    30  enrollment  targets  are  comparable  to  the enrollment figures of such
    31  categories of students attending the public schools  within  the  school
    32  district,  or in a city school district in a city having a population of
    33  one million or more inhabitants, the community school district, in which
    34  the proposed  charter  school  would  be  located;  and  (2)  that  such
    35  retention  targets are comparable to the rate of retention of such cate-
    36  gories of students  attending  the  public  schools  within  the  school
    37  district,  or in a city school district in a city having a population of
    38  one million or more inhabitants, the community school district, in which
    39  the proposed charter school would be located; and
    40    (ii) that the applicant has conducted public outreach,  in  conformity
    41  with  a  thorough and meaningful public review process prescribed by the
    42  board of regents and the board of trustees of the  state  university  of
    43  New  York,  to  solicit  community  input regarding the proposed charter
    44  school and to address comments  received  from  the  impacted  community
    45  concerning the educational and programmatic needs of students.
    46    (c)  The  board  of  regents  and  the  board of trustees of the state
    47  university of New York shall grant priority based on a scoring rubric to
    48  those applications that best  demonstrate  how  they  will  achieve  the
    49  following objectives, and any additional objectives the board of regents
    50  and  the  board  of  trustees  of  the state university of New York, may
    51  prescribe:
    52    (i) increasing student achievement and decreasing student  achievement
    53  gaps in reading/language arts and mathematics;
    54    (ii)  increasing  high school graduation rates and focusing on serving
    55  specific high school student populations including, but not limited  to,
    56  students  at  risk  of  not obtaining a high school diploma, re-enrolled

        S. 2010                            45                            A. 3010
 
     1  high school drop-outs, and students with  academic  skills  below  grade
     2  level;
     3    (iii)  focusing  on the academic achievement of middle school students
     4  and preparing them for a successful transition to high school;
     5    (iv)  utilizing  high-quality  assessments  designed  to   measure   a
     6  student's  knowledge,  understanding  of, and ability to apply, critical
     7  concepts through the use of a variety of item types and formats;
     8    (v) increasing the acquisition, adoption, and use  of  local  instruc-
     9  tional improvement systems that provide teachers, principals, and admin-
    10  istrators  with  the  information  and resources they need to inform and
    11  improve their  instructional  practices,  decision-making,  and  overall
    12  effectiveness;
    13    (vi)  partnering  with  low  performing  public schools in the area to
    14  share best educational practices and innovations;
    15    (vii) demonstrating the management and leadership techniques necessary
    16  to overcome initial start-up problems to establish  a  thriving,  finan-
    17  cially viable charter school;
    18    (viii)  demonstrating  the support of the school district in which the
    19  proposed charter school will be located and the intent to  establish  an
    20  ongoing relationship with such school district.
    21    (d)  No  later  than  November  first,  two  thousand ten, and of each
    22  succeeding year, after a thorough review of applications  received,  the
    23  board  of  trustees  of the state university of New York shall recommend
    24  for approval to the board of regents the qualified applications that  it
    25  has  determined rigorously demonstrate the criteria and best satisfy the
    26  objectives contained within a request for proposals, along with support-
    27  ing documentation outlining such determination.
    28    (e) Upon receipt of a proposed charter to be issued pursuant  to  this
    29  subdivision  submitted  by a charter entity, the board of regents or the
    30  board of trustees of the state university of  New  York,  shall  review,
    31  recommend and issue, as applicable, such charters in accordance with the
    32  standards established in this subdivision.
    33    (f)  The board of regents shall be the only entity authorized to issue
    34  a charter pursuant to this article. The board of regents shall  consider
    35  applications submitted directly to the board of regents and applications
    36  recommended  by  the  board  of  trustees of the state university of New
    37  York. Provided, however, that all such recommended applications shall be
    38  deemed approved and issued pursuant to the  provisions  of  subdivisions
    39  five, five-a and five-b of this section.
    40    (g)  Each application submitted in response to a request for proposals
    41  pursuant to this subdivision shall also meet  the  application  require-
    42  ments  set  out in this article and any other applicable laws, rules and
    43  regulations.
    44    (h) During the development of a request for proposals pursuant to this
    45  subdivision the board of regents and the board of trustees of the  state
    46  university  of  New  York shall each afford the public an opportunity to
    47  submit comments and shall review and consider the comments raised by all
    48  interested parties.
    49    § 4. Paragraph (b) of subdivision 2 of section 2854 of  the  education
    50  law,  as  amended by chapter 101 of the laws of 2010, is amended to read
    51  as follows:
    52    (b) Any child who is qualified under the laws of this state for admis-
    53  sion to a public school is qualified for admission to a charter  school.
    54  Applications  for  admission to a charter school shall be submitted on a
    55  uniform application form created by the department  and  shall  be  made
    56  available  by  a charter school in languages predominately spoken in the

        S. 2010                            46                            A. 3010
 
     1  community in which such charter school  is  located.  The  school  shall
     2  enroll  each  eligible  student  who submits a timely application by the
     3  first day of April each year, unless the number of applications  exceeds
     4  the  capacity  of  the  grade level or building. In such cases, students
     5  shall be accepted from among applicants by a random  selection  process,
     6  provided,  however,  that  an enrollment preference shall be provided to
     7  pupils returning to the charter school in the second or  any  subsequent
     8  year  of  operation  and pupils residing in the school district in which
     9  the charter school is located, and siblings of pupils  already  enrolled
    10  in the charter school. Preference shall also be provided to (i) students
    11  who  are  eligible  applicants  for  the  free  and  reduced price lunch
    12  program, (ii) students who are currently attending  or  would  otherwise
    13  attend  a  school district or school designated as chronically underper-
    14  forming pursuant to  sections  two  hundred  eleven-f  and  two  hundred
    15  eleven-g of this chapter, and (iii) children of employees of the charter
    16  school,  provided  that such children of employees may only constitute a
    17  small percentage of the charter school's total enrollment.  The  commis-
    18  sioner  shall establish regulations to require that the random selection
    19  process conducted pursuant to this paragraph be performed in a transpar-
    20  ent and equitable manner and to require that the time and place  of  the
    21  random  selection  process be publicized in a manner consistent with the
    22  requirements of section one hundred four of the public officers law  and
    23  be  open to the public. For the purposes of this paragraph and paragraph
    24  (a) of this subdivision, the school district in which the charter school
    25  is located shall mean, for the city school district of the city  of  New
    26  York, the community district in which the charter school is located.
    27    §  5.  Paragraphs  (d) and (e) of subdivision 1 of section 2855 of the
    28  education law, paragraph (d) as amended and paragraph (e)  as  added  by
    29  chapter 101 of the laws of 2010, are amended, and a new paragraph (f) is
    30  added to read as follows:
    31    (d)  When  the public employment relations board makes a determination
    32  that the charter school demonstrates a practice and pattern of egregious
    33  and intentional violations of subdivision one  of  section  two  hundred
    34  nine-a of the civil service law involving interference with or discrimi-
    35  nation  against  employee  rights  under  article  fourteen of the civil
    36  service law; [or]
    37    (e) Repeated failure to comply with the requirement to meet or  exceed
    38  enrollment  and retention targets of students with disabilities, English
    39  language learners, and students who are eligible applicants for the free
    40  and reduced price lunch program pursuant to targets established  by  the
    41  board of regents or the board of trustees of the state university of New
    42  York,  as applicable. Provided, however, if no grounds for terminating a
    43  charter are established pursuant to this section other than pursuant  to
    44  this  paragraph,  and  the  charter school demonstrates that it has made
    45  extensive  efforts  to  recruit  and  retain  such  students,  including
    46  outreach  to parents and families in the surrounding communities, widely
    47  publicizing the lottery for such school,  and  efforts  to  academically
    48  support such students in such charter school, then the charter entity or
    49  board of regents may retain such charter[.]; or
    50    (f)  Repeated  failure  to comply with the data reporting requirements
    51  prescribed in subdivisions two and two-a of section twenty-eight hundred
    52  fifty-seven of this article, including but not limited to the end of the
    53  year reporting requirements on the enrollment and retention of  students
    54  with  limited English proficiency; the number of students with disabili-
    55  ties and the number of students identified  as  eligible  for  free  and
    56  reduced price lunches.

        S. 2010                            47                            A. 3010
 
     1    §  6.  Section  2857  of  the education law is amended by adding a new
     2  subdivision 2-a to read as follows:
     3    2-a.  No  later than the first day of August of each school year, (for
     4  data for the preceding school year) and bi-monthly  thereafter  for  the
     5  current  school year data, each charter school shall submit to the board
     6  of regents data on enrollment rates, including but not  limited  to  the
     7  number  of  students  with  limited  English  proficiency; the number of
     8  students with disabilities and the  number  of  students  identified  as
     9  eligible  for  free  and  reduced price lunches and any other additional
    10  requirements prescribed by the board of regents  in  the  rules  of  the
    11  board of regents.
    12    §  7. This act shall take effect immediately; provided that the amend-
    13  ments to subdivision 1 of section 2856 of  the  education  law  made  by
    14  section one of this act shall be subject to the expiration and reversion
    15  of  such  subdivision pursuant to subdivision d of section 27 of chapter
    16  378 of the laws of 2007, as amended, when upon such date the  provisions
    17  of section two of this act shall take effect.
    18    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    19  sion,  section  or  part  of  this act shall be adjudged by any court of
    20  competent jurisdiction to be invalid, such judgment  shall  not  affect,
    21  impair,  or  invalidate  the remainder thereof, but shall be confined in
    22  its operation to the clause, sentence, paragraph,  subdivision,  section
    23  or part thereof directly involved in the controversy in which such judg-
    24  ment shall have been rendered. It is hereby declared to be the intent of
    25  the  legislature  that  this  act  would  have been enacted even if such
    26  invalid provisions had not been included herein.
    27    § 3. This act shall take effect immediately  provided,  however,  that
    28  the  applicable effective date of Subparts A through F of this act shall
    29  be as specifically set forth in the last section of such Subparts.
 
    30                                   PART B
 
    31    Section 1. Subparagraph 1 of paragraph a of subdivision 2  of  section
    32  3012-c  of  the  education  law, as amended by chapter 21 of the laws of
    33  2012, is amended to read as follows:
    34    (1) [The] (i) For school years prior to the two thousand  fifteen--two
    35  thousand  sixteen  school  year, annual professional performance reviews
    36  conducted pursuant to this section for classroom teachers  and  building
    37  principals shall differentiate teacher and principal effectiveness using
    38  the  following  quality  rating categories: highly effective, effective,
    39  developing and ineffective, with explicit minimum  and  maximum  scoring
    40  ranges for each category, for the state assessments and other comparable
    41  measures  subcomponent  of  the  evaluation and for the locally selected
    42  measures of student  achievement  subcomponent  of  the  evaluation,  as
    43  prescribed  in  the  regulations  of  the  commissioner. There shall be:
    44  [(i)] (A) a state assessments and other comparable measures subcomponent
    45  which shall comprise twenty or twenty-five percent  of  the  evaluation;
    46  [(ii)]  (B) a locally selected measures of student achievement subcompo-
    47  nent which shall comprise twenty or fifteen percent of  the  evaluation;
    48  and  [(iii)] (C) an other measures of teacher or principal effectiveness
    49  subcomponent which shall comprise the remaining  sixty  percent  of  the
    50  evaluation, which in sum shall constitute the composite teacher or prin-
    51  cipal  effectiveness score. Such annual professional performance reviews
    52  shall result in a single composite teacher  or  principal  effectiveness
    53  score,  which incorporates multiple measures of effectiveness related to
    54  the criteria included in the regulations of the commissioner.

        S. 2010                            48                            A. 3010
 
     1    (ii) For the two thousand fifteen--two thousand  sixteen  school  year
     2  and thereafter, annual professional performance reviews conducted pursu-
     3  ant to this section for classroom teachers and building principals shall
     4  differentiate  teacher  and  principal effectiveness using the following
     5  quality  rating  categories: highly effective, effective, developing and
     6  ineffective, with explicit minimum and maximum scoring ranges  for  each
     7  category,  for  the  state  assessments  and  other  comparable measures
     8  subcomponent and the other measures of teacher and leader  effectiveness
     9  subcomponent,  as  prescribed  in  the  regulations of the commissioner.
    10  There shall be: (A) a state assessments and  other  comparable  measures
    11  subcomponent  which  shall comprise fifty percent of the evaluation; and
    12  (B) an other measures of teacher or principal effectiveness subcomponent
    13  which shall comprise the remaining  fifty  percent  of  the  evaluation,
    14  pursuant to criteria included in the regulations of the commissioner.
    15    § 2. Subparagraphs 3, 4, 5, 6, 7 and 8 of paragraph a of subdivision 2
    16  of  section 3012-c of the education law, as amended by chapter 21 of the
    17  laws of 2012, are amended to read as follows:
    18    (3) For annual professional performance reviews conducted  in  accord-
    19  ance  with paragraph b of this subdivision for the two thousand eleven--
    20  two thousand twelve school year and for annual professional  performance
    21  reviews conducted in accordance with paragraph f of this subdivision for
    22  the  two thousand twelve--two thousand thirteen [school year], two thou-
    23  sand thirteen--two thousand  fourteen  and  two  thousand  fourteen--two
    24  thousand  fifteen  school  years  for classroom teachers in subjects and
    25  grades for which the board of regents has  not  approved  a  value-added
    26  model  and  for  building principals employed in schools or programs for
    27  which there is no approved  principal  value-added  model,  the  scoring
    28  ranges  for  the student growth on state assessments or other comparable
    29  measures subcomponent shall be in accordance with this  subparagraph.  A
    30  classroom teacher and building principal shall receive:
    31    (A) a highly effective rating in this subcomponent if the teacher's or
    32  principal's  results  are  well-above  the  state  average  for  similar
    33  students and they achieve a subcomponent score of 18-20;
    34    (B) an effective rating in this subcomponent if the teacher's or prin-
    35  cipal's results meet the state average for  similar  students  and  they
    36  achieve a subcomponent score of 9-17; or
    37    (C) a developing rating in this subcomponent if the teacher's or prin-
    38  cipal's  results  are  below  the state average for similar students and
    39  they achieve a subcomponent score of 3-8; or
    40    (D) an ineffective rating in this subcomponent, if  the  teacher's  or
    41  principal's  results  are  well-below  the  state  average  for  similar
    42  students and they achieve a subcomponent score of 0-2.
    43    (4) For annual professional performance reviews conducted  in  accord-
    44  ance  with paragraph g of this subdivision for the two thousand twelve--
    45  two thousand thirteen [school year], two thousand thirteen--two thousand
    46  fourteen and two thousand fourteen--two thousand  fifteen  school  years
    47  for  classroom  teachers  in  subjects and grades for which the board of
    48  regents has approved a value-added model  and  for  building  principals
    49  employed in schools or programs for which there is an approved principal
    50  value-added  model,  the  scoring ranges for the student growth on state
    51  assessments or  other  comparable  measures  subcomponent  shall  be  in
    52  accordance  with  this  subparagraph.  A  classroom teacher and building
    53  principal shall receive:
    54    (A) a highly effective rating in this subcomponent if the teacher's or
    55  principal's  results  are  well-above  the  state  average  for  similar
    56  students and they achieve a subcomponent score of 22-25;

        S. 2010                            49                            A. 3010
 
     1    (B) an effective rating in this subcomponent if the teacher's or prin-
     2  cipal's  results  meet  the  state average for similar students and they
     3  achieve a subcomponent score of 10-21; or
     4    (C) a developing rating in this subcomponent if the teacher's or prin-
     5  cipal's  results  are  below  the state average for similar students and
     6  they achieve a subcomponent score of 3-9; or
     7    (D) an ineffective rating in this subcomponent, if  the  teacher's  or
     8  principal's  results  are  well-below  the  state  average  for  similar
     9  students and they achieve a subcomponent score of 0-2.
    10    (5) For annual professional performance reviews conducted  in  accord-
    11  ance  with paragraph b of this subdivision for the two thousand eleven--
    12  two thousand twelve school year and for annual professional  performance
    13  reviews conducted in accordance with paragraph f of this subdivision for
    14  the  two thousand twelve--two thousand thirteen [school year], two thou-
    15  sand thirteen--two thousand  fourteen  and  two  thousand  fourteen--two
    16  thousand  fifteen  school  years  for classroom teachers in subjects and
    17  grades for which the board of regents has  not  approved  a  value-added
    18  model  and  for  building principals employed in schools or programs for
    19  which there is no approved  principal  value-added  model,  the  scoring
    20  ranges  for the locally selected measures of student achievement subcom-
    21  ponent shall be in accordance with this subparagraph. A classroom teach-
    22  er and building principal shall receive:
    23    (A) a highly effective rating in this subcomponent if the results  are
    24  well-above  district-adopted expectations for student growth or achieve-
    25  ment and they achieve a subcomponent score of 18-20; or
    26    (B) an effective rating in  this  subcomponent  if  the  results  meet
    27  district-adopted expectations for growth or achievement and they achieve
    28  a subcomponent score of 9-17; or
    29    (C)  a developing rating in this subcomponent if the results are below
    30  district-adopted expectations for growth or achievement and they achieve
    31  a subcomponent score of 3-8; or
    32    (D) an ineffective rating in this  subcomponent  if  the  results  are
    33  well-below  district-adopted  expectations for growth or achievement and
    34  they achieve a subcomponent score of 0-2.
    35    (6) For annual professional performance reviews conducted  in  accord-
    36  ance  with paragraph b of this subdivision for the two thousand eleven--
    37  two thousand twelve school year and for annual professional  performance
    38  reviews conducted in accordance with paragraph g of this subdivision for
    39  the  two thousand twelve--two thousand thirteen [school year], two thou-
    40  sand thirteen--two thousand  fourteen  and  two  thousand  fourteen--two
    41  thousand  fifteen  school  years  for classroom teachers in subjects and
    42  grades for which the board of regents has approved a  value-added  model
    43  and  for  building  principals employed in schools or programs for which
    44  there is an approved principal value-added model, the scoring ranges for
    45  the locally selected measures of student achievement subcomponent  shall
    46  be  in accordance with this subparagraph. A classroom teacher and build-
    47  ing principal shall receive:
    48    (A) a highly effective rating in this subcomponent if the results  are
    49  well-above  district-adopted expectations for student growth or achieve-
    50  ment and they achieve a subcomponent score of 14-15; or
    51    (B) an effective rating in  this  subcomponent  if  the  results  meet
    52  district-adopted expectations for growth or achievement and they achieve
    53  a subcomponent score of 8-13; or
    54    (C)  a developing rating in this subcomponent if the results are below
    55  district-adopted expectations for growth or achievement and they achieve
    56  a subcomponent score of 3-7; or

        S. 2010                            50                            A. 3010
 
     1    (D) an ineffective rating in this  subcomponent  if  the  results  are
     2  well-below  district-adopted  expectations for growth or achievement and
     3  they achieve a subcomponent score of 0-2.
     4    (7)  (A)  For the two thousand thirteen--two thousand fourteen [school
     5  year] and two thousand fourteen--two thousand fifteen school  years  and
     6  thereafter,  the  commissioner  shall review the specific scoring ranges
     7  for each of the rating categories annually  before  the  start  of  each
     8  school  year and shall recommend any changes to the board of regents for
     9  consideration.
    10    (B) Notwithstanding any other provision of law to  the  contrary,  for
    11  the two thousand fifteen--two thousand sixteen school year and thereaft-
    12  er,  a classroom teacher and building principal shall receive ratings on
    13  the state growth or other comparable measures subcomponent and the other
    14  measures of teacher and principal effectiveness subcomponent pursuant to
    15  scoring ranges prescribed by  the  commissioner  in  regulations.    The
    16  commissioner  shall review the overall composite scoring ranges annually
    17  before the start of each school year and may issue new regulations as he
    18  or she deems warranted.  Provided; however, if a  classroom  teacher  or
    19  building  principal  receives  an ineffective rating on any one of these
    20  subcomponents, the highest  overall  composite  rating  he  or  she  may
    21  receive is developing.
    22    (8) Except for the student growth measures on the state assessments or
    23  other  comparable measures of student growth prescribed in paragraphs e,
    24  f and g of this subdivision,  the  [elements  comprising  the  composite
    25  effectiveness  score  and  the]  process by which points are assigned to
    26  subcomponents shall be locally developed, consistent with the  standards
    27  prescribed  in  the regulations of the commissioner and the requirements
    28  of  this  section,  through  negotiations  conducted,  pursuant  to  the
    29  requirements of article fourteen of the civil service law.
    30    §  3. Subparagraphs 2 and 3 of paragraph c of subdivision 2 of section
    31  3012-c of the education law, as amended by chapter 21  of  the  laws  of
    32  2012, are amended to read as follows:
    33    (2)  Subject  to paragraph k of this subdivision, for the two thousand
    34  twelve--two thousand thirteen and the two thousand  thirteen--two  thou-
    35  sand  fourteen  school years, the entire annual professional performance
    36  review shall be completed and provided to the teacher  or  principal  as
    37  soon  as  practicable  but  in no case later than September first of the
    38  school year next following the  school  year  for  which  the  classroom
    39  teacher  or  building  principal's  performance  is  being measured. The
    40  teacher's and principal's score and rating on the locally selected meas-
    41  ures subcomponent, if available, and on the other  measures  of  teacher
    42  and  principal effectiveness subcomponent for a teacher's or principal's
    43  annual professional performance review shall be computed and provided to
    44  the teacher or principal, in writing, by no later than the last  day  of
    45  the  school  year  for which the teacher or principal is being measured.
    46  Nothing in this subdivision shall be construed to authorize a teacher or
    47  principal to trigger the appeal process prior to receipt of his  or  her
    48  composite effectiveness score and rating.
    49    (3) Each such annual professional performance review shall be based on
    50  the  state  assessments  or  other comparable measures subcomponent, the
    51  locally selected measures of student achievement subcomponent in  school
    52  years  where applicable, and the other measures of teacher and principal
    53  effectiveness subcomponent, determined in accordance with the applicable
    54  provisions of this section and the regulations of the commissioner,  for
    55  the  school  year  for which the teacher's or principal's performance is
    56  measured.

        S. 2010                            51                            A. 3010
 
     1    § 4. Subparagraph 1 of paragraph f of subdivision 2 of section  3012-c
     2  of  the  education law, as amended by chapter 21 of the laws of 2012, is
     3  amended to read as follows:
     4    (1)  For  annual professional performance reviews conducted in accord-
     5  ance with paragraph c of this subdivision for the two thousand  twelve--
     6  two  thousand  thirteen [school year and thereafter], two thousand thir-
     7  teen--two thousand fourteen  and  two  thousand  fourteen--two  thousand
     8  fifteen  school  years for classroom teachers in subjects and grades for
     9  which the board of regents has not approved a value-added model and  for
    10  building  principals  employed in schools or programs for which there is
    11  no approved principal value-added model, forty percent of the  composite
    12  score of effectiveness shall be based on student achievement measures as
    13  follows:  (i)  twenty  percent  of  the  evaluation  shall be based upon
    14  student growth data on state assessments as prescribed  by  the  commis-
    15  sioner  or a comparable measure of student growth if such growth data is
    16  not available; and (ii) twenty percent shall be based on  other  locally
    17  selected  measures  of  student  achievement  that  are determined to be
    18  rigorous and comparable across classrooms in accordance with  the  regu-
    19  lations  of  the  commissioner  and as are developed locally in a manner
    20  consistent with procedures negotiated pursuant to  the  requirements  of
    21  article fourteen of the civil service law.
    22    §  5.  Paragraph f of subdivision 2 of section 3012-c of the education
    23  law is amended by adding a new subparagraph 5 to read as follows:
    24    (5) For the two thousand fifteen--two thousand sixteen school year and
    25  thereafter, fifty percent of a classroom teacher's or  building  princi-
    26  pal's  composite effectiveness score shall be based on student growth on
    27  state assessments, where applicable, or  other  comparable  measures  of
    28  student  growth,  as  prescribed  by  the  commissioner  in regulations;
    29  provided that such regulations shall require that any  comparable  meas-
    30  ures of student growth be measured on an annual basis. For the two thou-
    31  sand  fifteen--two  thousand  sixteen  school year and thereafter, there
    32  shall be no locally selected measures of student  achievement  subcompo-
    33  nent.
    34    §  6.  Paragraphs h, i and j of subdivision 2 of section 3012-c of the
    35  education law, paragraph h as amended and paragraph j as added by  chap-
    36  ter  21  of  the laws of 2012 and paragraph i as added by chapter 103 of
    37  the laws of 2010, are amended to read as follows:
    38    h. [The] For school years prior to the two thousand fifteen--two thou-
    39  sand sixteen school year, the remaining  sixty  percent  of  the  evalu-
    40  ations, ratings and effectiveness scores shall be locally developed, and
    41  for the two thousand fifteen--two thousand sixteen school year and ther-
    42  eafter,  the  remaining  fifty  percent  of the evaluations, ratings and
    43  effectiveness scores shall be locally  developed,  consistent  with  the
    44  standards  prescribed  in  the  regulations of the commissioner, through
    45  negotiations conducted pursuant to article fourteen of the civil service
    46  law, except as otherwise provided in this section.
    47    (1) [A] (i) For school years prior to the  two  thousand  fifteen--two
    48  thousand  sixteen school year, a majority of the sixty points for class-
    49  room  teachers  shall  be  based  on  multiple  classroom   observations
    50  conducted  by  a  principal or other trained administrator, which may be
    51  performed in-person or by video. For evaluations for  the  two  thousand
    52  twelve--two  thousand  thirteen school year and thereafter, at least one
    53  such observation shall be an unannounced visit.
    54    (ii) For the two thousand fifteen--two thousand  sixteen  school  year
    55  and  thereafter,  a  minimum  of thirty-five of the fifty points must be
    56  based on one or more classroom observations conducted by an  independent

        S. 2010                            52                            A. 3010
 
     1  evaluator,  at  least  one  of which must be unannounced. An independent
     2  evaluator shall be one of the following:
     3    (A)  a  building  principal  or  other trained administrator within or
     4  outside the school district, with a demonstrated record of effectiveness
     5  as determined by the commissioner, and who is not currently assigned  as
     6  a  principal  or  administrator  in  the  school  in  which he or she is
     7  conducting the evaluation; or
     8    (B) a trained independent evaluator from a  list  of  entities  and/or
     9  evaluators  with a demonstrated record of effectiveness and expertise in
    10  teacher training, observation, or effectiveness, as  determined  by  the
    11  commissioner  including but not limited to retired teachers and adminis-
    12  trators; or
    13    (C) appointed faculty at a State University of  New  York  or  a  City
    14  University  of New York school of education.  Provided however that, the
    15  department shall provide technical assistance for school  districts  and
    16  boards of cooperative educational services including but not limited to:
    17    (a) facilitating partnerships for school districts to implement shared
    18  service  agreements in order to access neighboring principals or trained
    19  administrators;
    20    (b) developing and maintaining a list of  entities  and/or  evaluators
    21  with  a  demonstrated  record  of effectiveness and expertise in teacher
    22  training, observation, or effectiveness; or
    23    (c) assisting school districts in  developing  schedules  for  sharing
    24  administrators within a school district; or
    25    (d)  coordinating  with  boards of cooperative educational services to
    26  provide additional technical assistance.
    27    (2) For the remaining portion of these sixty  points  for  evaluations
    28  for  the  two  thousand  eleven--two  thousand  twelve  school year, the
    29  commissioner's regulation shall prescribe the other forms of evidence of
    30  teacher and principal effectiveness that may be used.
    31    (3) For evaluations of classroom teachers for the two thousand twelve-
    32  -two thousand thirteen [school year and thereafter] two  thousand  thir-
    33  teen--two  thousand  fourteen  and  two  thousand fourteen--two thousand
    34  fifteen school years, the remaining portion of these sixty points  shall
    35  be based on one or more of the following:
    36    (i)  one  or more classroom observations by independent trained evalu-
    37  ators selected by the school district or  board  of  cooperative  educa-
    38  tional  services who are teachers or former teachers with a demonstrated
    39  record of effectiveness and have no prior affiliation with the school in
    40  which they are conducting the evaluation and no other relationship  with
    41  the teachers being evaluated that would affect their impartiality;
    42    (ii) classroom observations by trained in-school peer teachers; and/or
    43    (iii)  use  of a state-approved instrument for parent or student feed-
    44  back; and/or
    45    (iv) evidence of student development and  performance  through  lesson
    46  plans,  student  portfolios  and  other  artifacts  of teacher practices
    47  through a structured review process.
    48    (4) [A] For evaluations of classroom teachers  for  the  two  thousand
    49  fifteen--two  thousand sixteen school year and thereafter, the remaining
    50  portion of the fifty points shall be based  on  one  or  more  classroom
    51  observations  conducted  by  a principal or other trained administrator,
    52  which may be performed in-person or by  video  and  at  least  one  such
    53  observation shall be an unannounced visit.
    54    (5)  (i) For school years prior to the two thousand fifteen--two thou-
    55  sand sixteen school year, a majority of these sixty points for  building
    56  principals shall be based on a broad assessment of the principal's lead-

        S. 2010                            53                            A. 3010
 
     1  ership  and management actions based on the principal practice rubric by
     2  the building  principal's  supervisor,  a  trained  administrator  or  a
     3  trained  independent evaluator, with one or more visits conducted by the
     4  supervisor,  and, for evaluations for the two thousand twelve--two thou-
     5  sand thirteen school year and  thereafter,  that  such  assessment  must
     6  incorporate  multiple  school visits by a supervisor, a trained adminis-
     7  trator or other trained evaluator, with at least one visit conducted  by
     8  the  supervisor  and  at  least one unannounced visit. For the remaining
     9  portion of these sixty points  for  evaluations  for  the  two  thousand
    10  eleven--two  thousand  twelve  school  year, such regulations shall also
    11  prescribe the other forms of evidence of  principal  effectiveness  that
    12  may  be used consistent with the standards prescribed by the commission-
    13  er.
    14    [(5)] (6) For evaluations of building principals for the two  thousand
    15  fifteen--two  thousand  sixteen school year and thereafter, a minimum of
    16  thirty-five of the fifty points shall be based on a broad assessment  of
    17  the principal's leadership and management actions based on the principal
    18  practice  rubric  as determined by an independent observer following one
    19  or more school visits, at least one of which  must  be  unannounced.  An
    20  independent observer shall be one of the following:
    21    (i)  A  superintendent  or other trained administrator that supervises
    22  principals from outside the school  district  or  board  of  cooperative
    23  educational services with a demonstrated record of effectiveness, or
    24    (ii)  A  trained  independent evaluator from a list of entities and/or
    25  evaluators with a demonstrated record of effectiveness and expertise  in
    26  school  building  leader  training,  observation,  or  effectiveness, as
    27  determined by the commissioner, or
    28    (iii) appointed faculty at a State University of New York  or  a  City
    29  University of New York school of education.
    30  Provided  that,  the  department  shall provide technical assistance for
    31  school districts including but not limited to:
    32    (A) facilitating partnerships for school districts to implement shared
    33  service agreements in order to  access  neighboring  superintendents  or
    34  other trained administrators that supervise principals; or
    35    (B)  developing  and  maintaining a list of entities and/or evaluators
    36  with a demonstrated record of  effectiveness  and  expertise  in  school
    37  building  leader  training, observation, or effectiveness, as determined
    38  by the commissioner, including but not limited  to  retired  administra-
    39  tors; or
    40    (C)  assisting  school  districts  in developing schedules for sharing
    41  non-supervising administrators within a school district, if  applicable;
    42  or
    43    (D)  coordinating  with  boards of cooperative educational services to
    44  provide additional technical assistance.
    45    (7) For evaluations  of  building  principals  for  the  two  thousand
    46  twelve--two thousand thirteen [school year and thereafter], two thousand
    47  thirteen--two  fourteen  and  the  two  thousand  fourteen--two thousand
    48  fifteen school years, the remaining portion of these sixty points  shall
    49  include,  in  addition to the requirements of subparagraph three of this
    50  paragraph, at least two other sources of  evidence  from  the  following
    51  options:  feedback from teachers, students, and/or families using state-
    52  approved instruments; school visits by other trained evaluators;  and/or
    53  review  of  school documents, records, and/or state accountability proc-
    54  esses. Any such remaining points shall be assigned based on the  results
    55  of  one  or more ambitious and measurable goals set collaboratively with

        S. 2010                            54                            A. 3010
 
     1  principals and their  superintendents  or  district  superintendents  as
     2  follows:
     3    (i)  at  least  one  goal must address the principal's contribution to
     4  improving teacher effectiveness, which shall include one or more of  the
     5  following:  improved  retention  of high performing teachers, the corre-
     6  lation between student growth  scores  of  teachers  granted  tenure  as
     7  opposed  to  those  denied  tenure;  or  improvements in the proficiency
     8  rating of the principal on specific teacher effectiveness  standards  in
     9  the principal practice rubric.
    10    (ii)  any  other  goals  shall  address  quantifiable  and  verifiable
    11  improvements in academic results or the school's learning  environmental
    12  such as student or teacher attendance.
    13    [(6) The] (8) For evaluations of building principals for the two thou-
    14  sand  fifteen--two  thousand  sixteen  school  year  and thereafter, the
    15  remaining portion of the fifty points shall be based on a broad  assess-
    16  ment  of  the principal's leadership and management actions based on the
    17  principal practice rubric by the building principal's  supervisor,  with
    18  at least one unannounced visit.
    19    (9)  For  school years prior to the two thousand fifteen--two thousand
    20  sixteen school year, the district or board  of  cooperative  educational
    21  services shall establish specific minimum and maximum scoring ranges for
    22  each performance level within this subcomponent before the start of each
    23  school  year  and shall assign points to a teacher or principal for this
    24  subcomponent based on the standards prescribed in the regulations of the
    25  commissioner, all in accordance with, and subject to,  the  requirements
    26  of  paragraph j of this subdivision.  For the two thousand fifteen--six-
    27  teen school year and thereafter, the  commissioner  shall  establish  in
    28  regulations  the minimum and maximum scoring ranges for each performance
    29  level within this subcomponent.
    30    i. For purposes of this section, student growth means  the  change  in
    31  student achievement for an individual student between two or more points
    32  in time.
    33    j.  (1)  The process by which points are assigned in subcomponents and
    34  the scoring ranges for the subcomponents must be transparent and  avail-
    35  able  to those being rated before the beginning of each school year. The
    36  process by which points are assigned in the respective subcomponents are
    37  to be determined as follows:
    38    (i) For the state assessment or other  comparable  measures  subcompo-
    39  nent,  that  process  shall  be  formulated by the commissioner with the
    40  approval of the board of regents.
    41    (ii) For school years prior to the two thousand fifteen--two  thousand
    42  sixteen  school  year,  for the locally selected measures of the student
    43  achievement subcomponent, that  process  shall  be  established  locally
    44  through  negotiations  conducted  under  article  fourteen  of the civil
    45  service law.
    46    (iii) For the other measures of teacher  and  principal  effectiveness
    47  subcomponent,  that process shall be established locally through negoti-
    48  ations conducted under article fourteen of the civil services law.
    49    (2) Such process must ensure that it is  possible  for  a  teacher  or
    50  principal to obtain each point in the applicable scoring ranges, includ-
    51  ing  zero, for the state assessment or other comparable measures subcom-
    52  ponent, the locally selected measures of student  achievement  subcompo-
    53  nent   in   school  years  where  applicable,  and  the  overall  rating
    54  categories. The process must also ensure  that  it  is  possible  for  a
    55  teacher  or  principal  to  obtain  each  point  in  the  scoring ranges
    56  prescribed by the district or board of cooperative educational  services

        S. 2010                            55                            A. 3010
 
     1  for  the other measures of teacher and principal effectiveness subcompo-
     2  nent.
     3    (3)  The superintendent, district superintendent or chancellor and the
     4  president of the collective bargaining representative (where one exists)
     5  shall certify in its plan  that  the  process  will  use  the  narrative
     6  descriptions  of  the  standards  for the scoring ranges provided in the
     7  regulations of the commissioner to effectively differentiate  a  teacher
     8  or  principal's  performance  in  each of the subcomponents and in their
     9  overall ratings to improve student learning and instruction.
    10    (4) [The] For school years prior  to  the  two  thousand  fifteen--two
    11  thousand  sixteen  school year, scoring ranges for the other measures of
    12  teacher and principal effectiveness subcomponent  shall  be  established
    13  locally  through  negotiations  conducted  under article fourteen of the
    14  civil service law.  For the two thousand fifteen--two  thousand  sixteen
    15  school year and thereafter, the scoring ranges for the other measures of
    16  teacher and principal effectiveness subcomponent shall be established by
    17  the commissioner in regulations.
    18    §  7.  Section  3012-c of the education law is amended by adding a new
    19  subdivision 11 to read as follows:
    20    11. a. A student may not be  instructed  for  two  consecutive  school
    21  years  by  two consecutive classroom teachers in the same district, each
    22  of whom received a final quality rating of ineffective under  an  annual
    23  professional  performance  review  conducted pursuant to this section in
    24  the school year immediately before the school year in which the  student
    25  is placed in the respective classroom teacher's class.
    26    b. If a classroom teacher did not instruct students in the school year
    27  immediately  before  the school year in which the students are placed in
    28  the teacher's class, the teacher's rating in the  most  recent  year  in
    29  which  the teacher instructed students, instead of the school year imme-
    30  diately before the school year in  which  students  are  placed  in  the
    31  classroom  teacher's class, shall be used in determining the ratings for
    32  purposes of this subdivision.
    33    § 8. This act shall take effect immediately.
 
    34                                   PART C
 
    35    Section 1. Section 34 of chapter 91 of the laws of 2002  amending  the
    36  education  law  and other laws relating to the reorganization of the New
    37  York city school construction authority, board of education and communi-
    38  ty boards, as amended by chapter 345 of the laws of 2009, is amended  to
    39  read as follows:
    40    § 34. This act shall take effect July 1, 2002; provided, that sections
    41  one  through  twenty, twenty-four, and twenty-six through thirty of this
    42  act shall expire and be deemed repealed June 30, [2015] 2018;  provided,
    43  further,  that notwithstanding any provision of article 5 of the general
    44  construction law, on June 30, [2015] 2018 the provisions of subdivisions
    45  3, 5, and 8, paragraph b of subdivision 13, subdivision  14,  paragraphs
    46  b,  d,  and  e  of subdivision 15, and subdivisions 17 and 21 of section
    47  2554 of the education law as repealed by  section  three  of  this  act,
    48  subdivision  1  of  section  2590-b  of the education law as repealed by
    49  section six of this act, paragraph  (a)  of  subdivision  2  of  section
    50  2590-b  of  the  education law as repealed by section seven of this act,
    51  section 2590-c of the education law as repealed by section eight of this
    52  act, paragraph c of subdivision 2 of section 2590-d of the education law
    53  as repealed by section twenty-six of this act, subdivision 1 of  section
    54  2590-e  of the education law as repealed by section twenty-seven of this

        S. 2010                            56                            A. 3010
 
     1  act, subdivision 28 of section 2590-h of the education law  as  repealed
     2  by section twenty-eight of this act, subdivision 30 of section 2590-h of
     3  the education law as repealed by section twenty-nine of this act, subdi-
     4  vision  30-a  of  section  2590-h  of  the  education law as repealed by
     5  section thirty of this  act  shall  be  revived  and  be  read  as  such
     6  provisions  existed  in law on the date immediately preceding the effec-
     7  tive date of this act; provided, however, that sections seven and  eight
     8  of  this  act  shall  take effect on November 30, 2003; provided further
     9  that the amendments to subdivision 25 of section 2554 of  the  education
    10  law  made  by section two of this act shall be subject to the expiration
    11  and reversion of such subdivision pursuant to section 12 of chapter  147
    12  of  the  laws of 2001, as amended, when upon such date the provisions of
    13  section four of this act shall take effect.
    14    § 2. Subdivision 12 of section 17 of chapter 345 of the laws  of  2009
    15  amending the education law relating to the New York city board of educa-
    16  tion,  chancellor, community councils, and community superintendents, is
    17  amended to read as follows:
    18    12. any provision in sections one, two, three, four, five, six, seven,
    19  eight, nine, ten and eleven of this act  not  otherwise  set  to  expire
    20  pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
    21  section  17 of chapter 123 of the laws of 2003, as amended, shall expire
    22  and be deemed repealed June 30, [2015] 2018.
    23    § 3. This act shall take effect immediately.
    24                                    PART D
 
    25    Section 1. As used in this section, "current  year"  and  "base  year"
    26  shall  have  the same meanings as defined in paragraphs a and b, respec-
    27  tively, of subdivision 1 of section 3602 of the education law.
    28    1. Notwithstanding any provision of law  to  the  contrary,  a  school
    29  district  shall  not be eligible for an apportionment of general support
    30  for public schools for the 2015-16 school year or any school year there-
    31  after in excess of the amount apportioned to such school district in the
    32  base year, unless the following eligibility criteria and conditions have
    33  been met:
    34    (a) For all school districts, the director of the budget has  notified
    35  the  commissioner  of  education  in  writing that by March 31, 2015 the
    36  legislature has enacted a chapter or chapters of law identical to part A
    37  and part B of this act as proposed in legislative  bill  numbers  S.2010
    38  and  A.3010  and  submitted  in  support of the executive budget for the
    39  2015-16 state fiscal year; and
    40    (b) For all  school  districts,  the  school  district  has  submitted
    41  documentation  that  has been approved by the commissioner of education,
    42  by September 1 of the current year,  demonstrating  that  it  has  fully
    43  implemented  the  standards and procedures for conducting annual profes-
    44  sional performance reviews of classroom teachers and building principals
    45  in accordance with the requirements of section 3012-c of  the  education
    46  law,  as  amended  by part B of this act as proposed in legislative bill
    47  numbers S.2010 and A.3010 and submitted  in  support  of  the  executive
    48  budget  for  the  2015-16  state  fiscal  year,  and the commissioner of
    49  education's regulations; and
    50    (c) For a school district in a city with a population of  one  million
    51  or  more,  the  director  of the budget has notified the commissioner of
    52  education in writing that by March 31, 2015 the legislature has  enacted
    53  a chapter or chapters of law identical to part C of this act as proposed
    54  in  legislative  bill numbers S.2010 and A.3010 and submitted in support
    55  of the executive budget for the 2015-16 state fiscal year.

        S. 2010                            57                            A. 3010
 
     1    2. If any payments of ineligible amounts pursuant to  subdivision  one
     2  of  this  section  were made, the total amount of such payments shall be
     3  deducted from future payments to the school district; provided that,  if
     4  the  amount  of  the  deduction  is  greater than the sum of the amounts
     5  available for such deductions in the applicable school year, the remain-
     6  der  of  the  deduction  shall be withheld from payments scheduled to be
     7  made to the school district pursuant to section 3609-a of the  education
     8  law for the subsequent school year.
     9    3.  Notwithstanding  any  provision of law to the contrary, any appor-
    10  tionment withheld pursuant to this section shall not have any effect  on
    11  the base year calculation for use in the subsequent school year.
    12    § 2. Subdivision 2 of section 1 of part A of chapter 57 of the laws of
    13  2013  relating  to school district eligibility for an increase in appor-
    14  tionment of school aid and implementation of  standards  for  conducting
    15  annual professional performance reviews to determine teacher and princi-
    16  pal effectiveness is amended to read as follows:
    17    2.  Notwithstanding  any  inconsistent  provision  of  law,  no school
    18  district shall be eligible for an apportionment of general  support  for
    19  public  schools  from the funds appropriated for the 2013-14 school year
    20  [and thereafter] or the 2014-15 school year  in  excess  of  the  amount
    21  apportioned  to such school district in the base year unless such school
    22  district has submitted documentation  that  has  been  approved  by  the
    23  commissioner  of  education  by  September 1 of the current year, demon-
    24  strating that it has fully implemented the standards and procedures  for
    25  conducting annual professional performance reviews of classroom teachers
    26  and  building  principals in accordance with the requirements of section
    27  3012-c of the education law and the commissioner  of  education's  regu-
    28  lations.   Any apportionment withheld pursuant to this section shall not
    29  occur prior to April 1 of the current year and shall not have any effect
    30  on the base year calculation for use in the subsequent school year.
    31    § 3. This act shall take effect immediately.
    32    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    33  sion, section or part of this act shall be  adjudged  by  any  court  of
    34  competent  jurisdiction  to  be invalid, such judgment shall not affect,
    35  impair, or invalidate the remainder thereof, but shall  be  confined  in
    36  its  operation  to the clause, sentence, paragraph, subdivision, section
    37  or part thereof directly involved in the controversy in which such judg-
    38  ment shall have been rendered. It is hereby declared to be the intent of
    39  the legislature that this act would  have  been  enacted  even  if  such
    40  invalid provisions had not been included herein.
    41    §  3.  This  act shall take effect immediately provided, however, that
    42  the applicable effective date of Parts A through D of this act shall  be
    43  as specifically set forth in the last section of such Parts.
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