STATE OF NEW YORK
________________________________________________________________________
5151
2021-2022 Regular Sessions
IN ASSEMBLY
February 11, 2021
___________
Introduced by M. of A. BENEDETTO, BRONSON -- read once and referred to
the Committee on Education
AN ACT to amend the education law, in relation to the appointment of
teachers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2509 of the education law, as added by chapter 762
2 of the laws of 1950, subdivision 1 as amended by chapter 116 of the laws
3 of 1971, paragraphs (a) and (b) of subdivision 1 as amended by section 1
4 and subdivision 2 as amended by section 2 of subpart D of part EE of
5 chapter 56 of the laws of 2015, subparagraph ii of paragraph (b) of
6 subdivision 1 as amended by chapter 345 of the laws of 2019, subdivision
7 3 as amended by chapter 680 of the laws of 1983, subdivision 4 as
8 amended by chapter 263 of the laws of 2005, subdivisions 5, 6 and 7 as
9 renumbered by chapter 717 of the laws of 1970, and subdivision 7 as
10 added by chapter 859 of the laws of 1955, is amended to read as follows:
11 § 2509. Appointment of assistant and other superintendents, teachers
12 and other employees. 1. (a) i. Teachers and all other members of the
13 teaching staff appointed prior to July first, two thousand fifteen and
14 authorized by section twenty-five hundred three of this article, shall
15 be appointed by the board of education, upon the recommendation of the
16 superintendent of schools, for a probationary period of three years,
17 except that in the case of a teacher who has rendered satisfactory
18 service as a regular substitute for a period of up to two years or as a
19 seasonally licensed per session teacher of swimming in day schools who
20 has served in that capacity for a period of up to two years and has been
21 appointed to teach the same subject in day schools on an annual salary,
22 the probationary period shall be [limited to one year] reduced propor-
23 tionately based upon the length of the satisfactory service; provided,
24 however, that in the case of a teacher who has been appointed on tenure
25 in another school district within the state, the school district where
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02612-01-1
A. 5151 2
1 currently employed, or a board of cooperative educational services, and
2 who was not dismissed from such district or board as a result of charges
3 brought pursuant to subdivision one of section three thousand twenty-a
4 of this chapter, the probationary period shall not exceed two years. The
5 service of a person appointed to any [of] such positions may be discon-
6 tinued at any time during such probationary period, on the recommenda-
7 tion of the superintendent of schools, by a majority vote of the board
8 of education. Each person who is not to be recommended for appointment
9 on tenure shall be so notified by the superintendent of schools in writ-
10 ing not later than sixty days immediately preceding the expiration of
11 [his] the probationary period.
12 ii. Notwithstanding any other provision of law or regulation to the
13 contrary, teachers and all other members of the teaching staff appointed
14 on or after July first, two thousand fifteen and authorized by section
15 twenty-five hundred three of this article, shall be appointed by the
16 board of education, upon the recommendation of the superintendent of
17 schools, for a probationary period of four years, except that in the
18 case of a teacher who has rendered satisfactory service as a regular
19 substitute for a period of up to two years and, if a classroom teacher,
20 has received [composite] satisfactory annual [professional performance
21 review ratings] reviews in each of those years, or has rendered satis-
22 factory service as a seasonally licensed per session teacher of swimming
23 in day schools who has served in that capacity for a period of up to two
24 years and has been appointed to teach the same subject in day schools on
25 an annual salary, the teacher shall be appointed [for] to a probationary
26 period [of two years] that is reduced proportionately based upon the
27 length of the satisfactory service; provided, however, that in the case
28 of a teacher who has been appointed on tenure in another school district
29 within the state, the school district where currently employed, or a
30 board of cooperative educational services, and who was not dismissed
31 from such district or board as a result of charges brought pursuant to
32 subdivision one of section three thousand twenty-a or section three
33 thousand twenty-b of this chapter, the teacher shall be appointed for a
34 probationary period of three years; provided that the teacher demon-
35 strates that [he or she] they received [an] a satisfactory annual
36 [professional performance review rating pursuant to section three thou-
37 sand twelve-c or section three thousand twelve-d of this chapter] review
38 in [his or her] their final year of service in such other school
39 district or board of cooperative educational services. The service of a
40 person appointed to any [of] such positions may be discontinued at any
41 time during such probationary period, on the recommendation of the
42 superintendent of schools, by a majority vote of the board of education.
43 Each person who is not to be recommended for appointment on tenure shall
44 be so notified by the superintendent of schools in writing not later
45 than sixty days immediately preceding the expiration of [his/her] their
46 probationary period.
47 (b) i. Administrators, directors, supervisors, principals and all
48 other members of the supervising staff, except associate, assistant and
49 other superintendents appointed prior to July first, two thousand
50 fifteen and authorized by section twenty-five hundred three of this
51 article, shall be appointed by the board of education, upon the recom-
52 mendation of the superintendent of schools for a probationary period of
53 three years. The service of a person appointed to any [of] such posi-
54 tions may be discontinued at any time during the probationary period on
55 the recommendation of the superintendent of schools, by a majority vote
56 of the board of education.
A. 5151 3
1 ii. Notwithstanding any other provision of law or regulation to the
2 contrary, administrators, directors, supervisors, principals and all
3 other members of the supervising staff, except associate, assistant and
4 other superintendents, appointed on or after July first, two thousand
5 fifteen and authorized by section twenty-five hundred three of this
6 article, shall be appointed by the board of education, upon the recom-
7 mendation of the superintendent of schools for a probationary period of
8 four years; provided, however, that in the case of a principal, adminis-
9 trator, supervisor, or other member of the supervising staff who has
10 been appointed on tenure pursuant to this chapter as an administrator
11 within an authorized administrative tenure area in another school
12 district within the state, the school district where currently employed,
13 or a board of cooperative educational services, and who was not
14 dismissed from such district or board as a result of charges brought
15 pursuant to subdivision one of section three thousand twenty-a or
16 section three thousand twenty-b of this chapter, the principal, adminis-
17 trator, supervisor or other member of the supervising staff shall be
18 appointed for a probationary period of three years. The service of a
19 person appointed to any of such positions may be discontinued at any
20 time during the probationary period on the recommendation of the super-
21 intendent of schools, by a majority vote of the board of education.
22 2. [a.](a) Notwithstanding any other provision of law or regulation to
23 the contrary, teachers and all other members of the teaching staff
24 appointed on or after July first, two thousand twenty-one and authorized
25 by section twenty-five hundred three of this article, shall be appointed
26 by the board of education, upon the recommendation of the superintendent
27 of schools, for a probationary period of three years, except that in the
28 case of a teacher who has rendered satisfactory service as a regular
29 substitute for a period of up to two years and, if a classroom teacher,
30 has received satisfactory annual reviews in each of those years, or has
31 rendered satisfactory service as a seasonally licensed per session
32 teacher of swimming in day schools who has served in that capacity for a
33 period of up to two years and has been appointed to teach the same
34 subject in day schools on an annual salary, such teacher shall be
35 appointed for a probationary period that is reduced proportionately
36 based upon the length of the satisfactory service; provided, however,
37 that in the case of a teacher who has been appointed on tenure in anoth-
38 er school district within the state, the school district where currently
39 employed, or a board of cooperative educational services, and who was
40 not dismissed from such district or board as a result of charges brought
41 pursuant to subdivision one of section three thousand twenty-a or
42 section three thousand twenty-b of this chapter, such teacher shall be
43 appointed for a probationary period of two years; provided that the
44 teacher demonstrates that they received a satisfactory annual review in
45 their final year of service in such other school district or board of
46 cooperative educational services. The service of a person appointed to
47 any such positions may be discontinued at any time during such proba-
48 tionary period, on the recommendation of the superintendent of schools,
49 by a majority vote of the board of education. Each person who is not to
50 be recommended for appointment on tenure shall be so notified by the
51 superintendent of schools in writing not later than sixty days imme-
52 diately preceding the expiration of the probationary period.
53 (b) Administrators, directors, supervisors, principals and all other
54 members of the supervising staff, except associate, assistant and other
55 superintendents appointed on or after July first, two thousand twenty-
56 one and authorized by section twenty-five hundred three of this article,
A. 5151 4
1 shall be appointed by the board of education, upon the recommendation of
2 the superintendent of schools for a probationary period of three years.
3 The service of a person appointed to any such positions may be discon-
4 tinued at any time during the probationary period on the recommendation
5 of the superintendent of schools, by a majority vote of the board of
6 education.
7 3. (a) At the expiration of the probationary term of any persons
8 appointed for such term prior to July first, two thousand fifteen, or
9 within six months prior thereto, the superintendent of schools shall
10 make a written report to the board of education recommending for
11 appointment on tenure those persons who have been found competent, effi-
12 cient and satisfactory. By a majority vote the board of education may
13 then appoint on tenure any or all of the persons recommended by the
14 superintendent of schools. Such persons and all others employed in the
15 teaching service of the schools of such school district who have served
16 the full probationary period shall hold their respective positions
17 during good behavior and efficient and competent service, and shall not
18 be removable except for cause after a hearing as provided by section
19 three thousand twenty-a or section three thousand twenty-b of this chap-
20 ter. Failure to maintain certification as required by this chapter and
21 the regulations of the commissioner shall constitute cause for removal.
22 [b.] (b) For persons appointed on or after July first, two thousand
23 fifteen, at the expiration of the probationary term of any persons
24 appointed for such term, or within six months prior thereto, the super-
25 intendent of schools shall make a written report to the board of educa-
26 tion recommending for appointment on tenure those persons who have been
27 found competent, efficient and satisfactory and in the case of a class-
28 room teacher or building principal, who have received satisfactory annu-
29 al [professional performance review ratings pursuant to section three
30 thousand twelve-c or section three thousand twelve-d of this chapter, of
31 either effective or highly effective] reviews in at least three of the
32 four preceding years, exclusive of any breaks in service[; provided
33 that, notwithstanding any other provision of this section to the contra-
34 ry, when a teacher or principal receives an effective or highly effec-
35 tive rating in each year of his or her probationary service except he or
36 she receives an ineffective rating in the final year of his or her
37 probationary period, such teacher or principal shall not be eligible for
38 tenure but the board of education in its discretion, may extend the
39 teacher's probationary period for an additional year; provided, however,
40 that if such teacher or principal successfully appealed such ineffective
41 rating, such teacher or principal shall immediately be eligible for
42 tenure if the rating resulting from the appeal established that such
43 individual has been effective or highly effective in at least three of
44 the preceding four years and was not ineffective in the final year]. By
45 a majority vote, the board of education may then appoint on tenure any
46 or all of the persons recommended by the superintendent of schools. [At
47 the expiration of the probationary period, the classroom teacher or
48 building principal shall remain in probationary status until the end of
49 the school year in which such teacher or principal has received such
50 ratings of effective or highly effective for at least three of the four
51 preceding school years exclusive of any breaks in service and subject to
52 the terms hereof, during which time a board of education shall consider
53 whether to grant tenure for those classroom teachers or building princi-
54 pals who otherwise have been found competent, efficient and satisfac-
55 tory. Provided, however, that the board of education may grant tenure
56 contingent upon a classroom teacher's or building principal's receipt of
A. 5151 5
1 a minimum rating in the final year of the probationary period, pursuant
2 to the requirements of this section, and if such contingency is not met
3 after all appeals have been exhausted, the grant of tenure shall be void
4 and unenforceable and the teacher's or principal's probationary period
5 may be extended in accordance with this subdivision.] Such persons who
6 have been recommended for tenure and all others employed in the teaching
7 service of the schools of such school district who have served the full
8 probationary period [as extended] pursuant to this subdivision shall
9 hold their respective positions during good behavior and efficient and
10 competent service, and shall not be removable except for cause after a
11 hearing as provided by section three thousand twenty-a or section three
12 thousand twenty-b of this chapter. Failure to maintain certification as
13 required by this chapter and the regulations of the commissioner shall
14 constitute cause for removal.
15 [3.] 4. Associate superintendents and all other employees authorized
16 by section twenty-five hundred three of this article, except as other-
17 wise provided in subdivision one of this section, shall be appointed by
18 the board of education, provided, however, that the board of education
19 may enter into an employment contract with an associate, assistant, or
20 other superintendent of schools for a period of from one to five years.
21 [4.] 5. Clerks, draftsmen, inspectors, chemists, tabulating machine
22 operators, secretaries, stenographers, copyists, statisticians, jani-
23 tors, custodians, custodian-engineers, and all other administrative
24 employees of a board of education, unless otherwise provided in this
25 chapter, shall be appointed for a probationary period provided in the
26 civil service law and regulations based thereon. The service of a person
27 appointed to any of such positions may be discontinued by the board of
28 education at any time during such probationary period. Such persons and
29 all others employed in the administrative service of the board of educa-
30 tion who have served the full probationary period shall hold their
31 respective positions during good behavior and efficient and competent
32 service, and shall not be removed except for cause after a hearing by
33 the affirmative vote of a majority of the board.
34 [5.] 6. No principal, supervisor, director, or teacher shall be
35 appointed to the teaching force of such city school district who does
36 not possess qualifications required under this chapter and under the
37 regulations prescribed by the commissioner of education for the persons
38 employed in such positions in the schools of the city school districts
39 of the state, but a board of education may prescribe additional or high-
40 er qualifications for the persons employed in any of such positions.
41 [6.] 7. Rules and regulations shall be adopted governing excusing of
42 absences and for the granting of leaves of absence either with or with-
43 out pay for all members of the teaching and supervising staff and other
44 employees.
45 [7.] 8. Notwithstanding any other provision of this section no period
46 in any school year for which there is no required service and/or for
47 which no compensation is provided shall in any event constitute a break
48 or suspension of probationary period or continuity of tenure rights of
49 any of the persons hereinabove described.
50 § 2. Paragraph (a) of subdivision 1, and subdivisions 3, 5, 6, para-
51 graph (a) of subdivision 10, 11, 16 and 17 of section 2573 of the educa-
52 tion law, paragraph (a) of subdivision 1, and subdivisions 5 and 6 as
53 amended by section 3 of subpart D of part EE of chapter 56 of the laws
54 of 2015, subdivision 3 as amended by chapter 27 of the laws of 2012,
55 paragraph (a) of subdivision 10 and subdivision 11 as amended by chapter
56 650 of the laws of 1990, subdivision 16 as added by chapter 898 of the
A. 5151 6
1 laws of 1960, and subdivision 17 as amended by chapter 210 of the laws
2 of 2001, are amended to read as follows:
3 (a) i. Teachers and all other members of the teaching staff, appointed
4 prior to July first, two thousand fifteen and authorized by section
5 twenty-five hundred fifty-four of this article, shall be appointed by
6 the board of education, upon the recommendation of the superintendent of
7 schools, for a probationary period of three years, except that in the
8 case of a teacher who has rendered satisfactory service as a regular
9 substitute for a period of up to two years or as a seasonally licensed
10 per session teacher of swimming in day schools who has served in that
11 capacity for a period of up to two years and has been appointed to teach
12 the same subject in day schools on an annual salary, the probationary
13 period shall be [limited to] reduced proportionately based upon the
14 length of the satisfactory service one year; provided, however, that in
15 the case of a teacher who has been appointed on tenure in another school
16 district within the state, the school district where currently employed,
17 or a board of cooperative educational services, and who was not
18 dismissed from such district or board as a result of charges brought
19 pursuant to subdivision one of section three thousand twenty-a or
20 section three thousand twenty-b of this chapter, the probationary period
21 shall not exceed two years; provided, however, that in cities with a
22 population of one million or more, a teacher appointed under a newly
23 created license, for teachers of reading and of the emotionally hand-
24 icapped, to a position which the teacher has held for at least two years
25 prior to such appointment while serving on tenure in another license
26 area who was not dismissed as a result of charges brought pursuant to
27 subdivision one of section three thousand twenty-a or section three
28 thousand twenty-b of this chapter, the probationary period shall be one
29 year. The service of a person appointed to any [of] such positions may
30 be discontinued at any time during such probationary period, on the
31 recommendation of the superintendent of schools, by a majority vote of
32 the board of education. Each person who is not to be recommended for
33 appointment on tenure shall be so notified by the superintendent of
34 schools in writing not later than sixty days immediately preceding the
35 expiration of [his or her] their probationary period. In city school
36 districts having a population of four hundred thousand or more, persons
37 with licenses obtained as a result of examinations announced subsequent
38 to the twenty-second day of May, nineteen hundred sixty-nine appointed
39 upon conditions that all announced requirements for the position be
40 fulfilled within a specified period of time, shall not acquire tenure
41 unless and until such requirements have been completed within the time
42 specified for the fulfillment of such requirements, notwithstanding the
43 expiration of any probationary period. In all other city school
44 districts subject to the provisions of this article, failure to maintain
45 certification as required by this article and by the regulations of the
46 commissioner shall be cause for removal within the meaning of subdivi-
47 sion five of this section.
48 ii. Teachers and all other members of the teaching staff appointed on
49 or after July first, two thousand fifteen and authorized by section
50 twenty-five hundred fifty-four of this article, shall be appointed by
51 the board of education, upon the recommendation of the superintendent of
52 schools, for a probationary period of four years, except that in the
53 case of a teacher who has rendered satisfactory service as a regular
54 substitute for a period of up to two years and, if a classroom teacher,
55 has received satisfactory annual [professional performance review
56 ratings] reviews in each of those years, or has rendered satisfactory
A. 5151 7
1 service as a seasonally licensed per session teacher of swimming in day
2 schools who has served in that capacity for a period of up to two years
3 and has been appointed to teach the same subject in day schools on an
4 annual salary, the teacher shall be appointed [for] to a probationary
5 period [of two years] that is reduced proportionately based upon the
6 length of the satisfactory service; provided, however, that in the case
7 of a teacher who has been appointed on tenure in another school district
8 within the state, the school district where currently employed, or a
9 board of cooperative educational services, and who was not dismissed
10 from such district or board as a result of charges brought pursuant to
11 subdivision one of section three thousand twenty-a or section three
12 thousand twenty-b of this chapter, the teacher shall be appointed for a
13 probationary period of three years; provided that, in the case of a
14 classroom teacher, the teacher demonstrates that [he or she] they
15 received [an annual professional performance] a satisfactory annual
16 review [rating pursuant to section three thousand twelve-c or section
17 three thousand twelve-d of this chapter] in [his or her] their final
18 year of service in such other school district or board of cooperative
19 educational services; provided, however, that in cities with a popu-
20 lation of one million or more, a teacher appointed under a newly created
21 license, for teachers of reading and of the emotionally handicapped, to
22 a position which the teacher has held for at least two years prior to
23 such appointment while serving on tenure in another license area who was
24 not dismissed as a result of charges brought pursuant to subdivision one
25 of section three thousand twenty-a or section three thousand twenty-b of
26 this chapter, the teacher shall be appointed for a probationary period
27 of two years. The service of a person appointed to any [of] such posi-
28 tions may be discontinued at any time during such probationary period,
29 on the recommendation of the superintendent of schools, by a majority
30 vote of the board of education. Each person who is not to be recom-
31 mended for appointment on tenure shall be so notified by the superinten-
32 dent of schools in writing not later than sixty days immediately preced-
33 ing the expiration of [his or her] their probationary period. In all
34 city school districts subject to the provisions of this article, failure
35 to maintain certification as required by this article and by the regu-
36 lations of the commissioner shall be cause for removal within the mean-
37 ing of subdivision five of this section.
38 3. Associate superintendents, examiners and all other employees
39 authorized by section twenty-five hundred fifty-four of this article,
40 except as otherwise provided in subdivision one of this section, shall
41 be appointed by the board of education except that in the city school
42 districts of the cities of Buffalo, Rochester, and Syracuse, the associ-
43 ate, assistant and district superintendents and all other supervising
44 staff who are excluded from the right to bargain collectively pursuant
45 to article fourteen of the civil service law shall be appointed, within
46 amounts budgeted therefor, by the superintendent of such city school
47 district. In a city having a population of one million or more, such
48 appointments shall be made on nomination of the superintendent of
49 schools. Notwithstanding any other provision in this chapter to the
50 contrary, whenever an associate superintendent of schools in the employ
51 of the board of education in a city having a population of one million
52 or more fails of reappointment, said person shall be immediately
53 appointed an assistant superintendent of schools with permanent appoint-
54 ment as said term permanent appointment is defined in subdivisions four,
55 five and six of this section. The salary of such assistant superinten-
56 dent shall be less than the salary of an associate superintendent, but
A. 5151 8
1 said differential in salary shall not exceed ten per centum of the annu-
2 al salary of an associate superintendent of schools. When, however, an
3 associate superintendent of schools who fails of reappointment has to
4 [his] their credit thirty or more years of city service including ten or
5 more years of service as such associate superintendent of schools, he
6 shall suffer no reduction of salary or of pension prospects while serv-
7 ing as such assistant superintendent of schools.
8 5. (a) At the expiration of the probationary [term] period of any
9 persons appointed for such [term] period prior to July first, two thou-
10 sand fifteen, the superintendent of schools shall make a written report
11 to the board of education recommending for permanent appointment those
12 persons who have been found competent, efficient and satisfactory. Such
13 persons and all others employed in the teaching, service of the schools
14 of a city, who have served the full probationary period, shall hold
15 their respective positions during good behavior and efficient and compe-
16 tent service, and shall not be removable except for cause after a hear-
17 ing as provided by section three thousand twenty-a or section three
18 thousand twenty-b of this chapter.
19 (b) At the expiration of the probationary [term] period of any persons
20 appointed for such [term] period on or after July first, two thousand
21 fifteen, the superintendent of schools shall make a written report to
22 the board of education recommending for permanent appointment those
23 persons who have been found competent, efficient and satisfactory and,
24 in the case of a classroom teacher or building principal, who have
25 received [composite annual professional performance review ratings
26 pursuant to section three thousand twelve-c or section three thousand
27 twelve-d of this chapter, of either effective or highly effective]
28 satisfactory annual reviews in at least three of the four preceding
29 years, exclusive of any breaks in service[; provided that, notwithstand-
30 ing any other provision of this section to the contrary, when a teacher
31 or principal receives an effective and/or highly effective rating in
32 each year of his or her probationary service except he or she receives
33 an ineffective rating in the final year of his or her probationary peri-
34 od, such teacher or principal shall not be eligible for tenure but the
35 board of education in its discretion, may extend the teacher's proba-
36 tionary period for an additional year; provided, however, that if such
37 teacher or principal successfully appealed such ineffective rating, such
38 teacher or principal shall immediately be eligible for tenure if the
39 rating resulting from the appeal established that such individual has
40 been effective or highly effective in at least three of the preceding
41 four years. At the expiration of the probationary period, the classroom
42 teacher or building principal shall remain in probationary status until
43 the end of the school year in which such teacher or principal has
44 received such ratings of effective or highly effective for at least
45 three of the four preceding school years, exclusive of any breaks in
46 service and subject to the terms hereof, during which time a board of
47 education shall consider whether to grant tenure for those classroom
48 teachers or building principals who otherwise have been found competent,
49 efficient and satisfactory. Provided, however, that the board of educa-
50 tion may grant tenure contingent upon a classroom teacher's or building
51 principal's receipt of a minimum rating in the final year of the proba-
52 tionary period, pursuant to the requirements of this section, and if
53 such contingency is not met after all appeals have been exhausted, the
54 grant of tenure shall be void and unenforceable and the teacher's or
55 principal's probationary period may be extended in accordance with this
56 subdivision]. Such persons who have been recommended for tenure and all
A. 5151 9
1 others employed in the teaching service of the schools of such school
2 district who have served the full probationary period [as extended]
3 pursuant to this subdivision shall hold their respective positions
4 during good behavior and efficient and competent service, and shall not
5 be removable except for cause after a hearing as provided by section
6 three thousand twenty-a or section three thousand twenty-b of this chap-
7 ter. Failure to maintain certification as required by this chapter and
8 the regulations of the commissioner shall constitute cause for removal.
9 6. (a) In a city having a population of four hundred thousand or more,
10 at the expiration of the probationary term of any persons appointed for
11 such term prior to July first, two thousand fifteen, the superintendent
12 of schools shall make a written report to the board of education recom-
13 mending for permanent appointment those persons who have been found
14 satisfactory, and such board of education shall immediately thereafter
15 issue to such persons permanent certificates of appointment. Such
16 persons and all others employed in the teaching service of the schools
17 of such city, who have served the full probationary period shall receive
18 permanent certificates to teach issued to them by the certificating
19 authority, except as otherwise provided in subdivision ten-a of this
20 section, and shall hold their respective positions during good behavior
21 and satisfactory teaching service, and shall not be removable except for
22 cause after a hearing as provided by section three thousand twenty-a or
23 section three thousand twenty-b of this chapter.
24 (b) At the expiration of the probationary [term] period of any persons
25 appointed for such [term] period on or after July first, two thousand
26 fifteen, the superintendent of schools shall make a written report to
27 the board of education recommending for permanent appointment those
28 persons who have been found competent, efficient and satisfactory and,
29 in the case of a classroom teacher or building principal, who have
30 received [composite annual professional performance review ratings
31 pursuant to section three thousand twelve-c or section three thousand
32 twelve-d of this chapter, of either effective or highly effective]
33 satisfactory annual reviews in at least three of the four preceding
34 years, exclusive of any breaks in service[; provided that, notwithstand-
35 ing any other provision of this section to the contrary, when a teacher
36 receives an effective and/or highly effective rating in each year of his
37 or her probationary service except he or she receives an ineffective
38 rating in the final year of his or her probationary period, such teacher
39 or principal shall not be eligible for tenure but the board of education
40 in its discretion, may extend the teacher's probationary period for an
41 additional year; provided, however, that if such teacher or principal
42 successfully appealed such ineffective rating, such teacher or principal
43 shall immediately be eligible for tenure if the rating resulting from
44 the appeal established that such individual has been effective or highly
45 effective in at least three of the preceding four years and was not
46 ineffective in the final year. At the expiration of the probationary
47 period, the classroom teacher or building principal shall remain in
48 probationary status until the end of the school year in which such
49 teacher or principal has received such ratings of effective or highly
50 effective for at least three of the four preceding school years, exclu-
51 sive of any breaks in service and subject to the terms hereof, during
52 which time a board of education shall consider whether to grant tenure
53 for those classroom teachers or building principals who otherwise have
54 been found competent, efficient and satisfactory. Provided, however,
55 that the board of education may grant tenure contingent upon a classroom
56 teacher's or building principal's receipt of a minimum rating in the
A. 5151 10
1 final year of the probationary period, pursuant to the requirements of
2 this section, and if such contingency is not met after all appeals have
3 been exhausted, the grant of tenure shall be void and unenforceable and
4 the teacher's or principal's probationary period may be extended in
5 accordance with this subdivision]. Such persons who have been recom-
6 mended for tenure and all others employed in the teaching service of the
7 schools of such school district who have served the full probationary
8 period [as extended] pursuant to this subdivision shall hold their
9 respective positions during good behavior and efficient and competent
10 service, and shall not be removable except for cause after a hearing as
11 provided by section three thousand twenty-a or section three thousand
12 twenty-b of this chapter. Failure to maintain certification as required
13 by this chapter and the regulations of the commissioner shall constitute
14 cause for removal.
15 (a) In a city having a population of one million or more, recommenda-
16 tions for appointment to the teaching service shall be from the first
17 three persons chosen by random selection from the qualifying eligible
18 lists prepared by the chancellor. Competitive eligible lists in exist-
19 ence at the time of enactment of this subdivision shall not be merged
20 and any such lists shall be exhausted or have expired before nominations
21 are made from a qualifying list of a subsequent date promulgated here-
22 under. Qualifying eligible lists for supervisory positions shall be
23 merged with any subsequently promulgated lists in the same license area
24 so that there shall be one continuing non-expiring eligible list for
25 each license area. No competitive eligible list shall remain in force
26 for a longer period than four years, nor have a life of less than three
27 years. No competitive eligible list now in force shall terminate any
28 sooner than four years from the date on which it was promulgated. The
29 board of education, on the recommendation of the chancellor shall desig-
30 nate, subject to the other provisions of this chapter, the kind and
31 grades of licenses which shall be required for service as principal,
32 branch principal, director, supervisor or teacher of a special branch,
33 head of department, assistant, school psychiatrist, school psychologist,
34 school medical inspector, school social worker, school social casework-
35 er, school secretary, industrial or trade helper in vocational schools,
36 school librarian, laboratory assistant, or any other position of the
37 teaching staff together with the academic and professional qualifica-
38 tions required for each kind or grade of license. No person required to
39 have a license under the provisions of this chapter in order to be
40 employed in a position who does not have such license shall have any
41 claim for salary, except that a person who has been assigned to teach in
42 a subject or field not specifically covered in [his] their license but
43 on the same rank or level of service shall be entitled to [his] their
44 salary.
45 11. In a city [have] having a population of one million or more, the
46 board of education, subject to the approval of the commissioner of
47 education, shall have power to authorize the superintendent of schools
48 to assign any teacher employed to teach any subject or subjects other
49 than any specific subject for which such teacher is licensed. No such
50 assignment shall be made unless the superintendent of schools shall have
51 certified that such teacher is competent to teach the assigned subject
52 or subjects. The superintendent of schools with the approval of the
53 board of education, shall have power to make rules and regulations in
54 relation to ascertainment of competency of teachers to teach such
55 assigned subject or subjects. The assignment of a teacher to teach any
56 such assigned subject shall not operate to change the rank or level of
A. 5151 11
1 such teacher from that which [he or she] they occupied prior to such
2 assignment.
3 16. In the city school district of the city of New York, the board of
4 education shall ascertain prior to August first, nineteen hundred sixty,
5 and annually thereafter the number of appointments which will be
6 required for the duration of not less than a term of the ensuing school
7 year by reason of leaves of absence granted to members of the teaching
8 staff serving on tenure. The board shall thereupon establish and make
9 appointments to positions of replacement teachers in a number which,
10 including any such teachers already serving as a result of earlier
11 appointment, shall be at least equal, if possible, and, if not, as near-
12 ly as possible, to two-thirds of the minimum number of such teachers
13 expected to be absent on leave at any one time. Such positions shall
14 constitute a pool from which the board shall assign teachers to replace
15 the teachers who are absent on leave. Appointments to such positions of
16 replacement teachers shall be made from the appropriate eligible lists
17 for the positions for which such replacement teachers will be required
18 as determined by the board. Such positions of replacement teachers shall
19 be in all respects permanent positions in the school system and persons
20 duly appointed by the board to such positions shall be entitled to the
21 rights of tenure and retirement accruing to persons serving in other
22 permanent teaching positions, except that no replacement teacher shall
23 be entitled to the special limitation of the probationary period to one
24 year provided for certain teachers by subdivision one of this section.
25 Upon acceptance of appointment as replacement teacher, the name of each
26 such appointee shall be placed on a preferred eligible list as a candi-
27 date for appointment to any permanent teaching position for which he
28 holds a valid license and such candidates shall be entitled to appoint-
29 ment from such preferred eligible list in order of their placement on
30 such list. At any time when the total number of positions of replacement
31 teacher in such pool exceeds the total number of teachers who will be
32 absent on leave for the ensuing term of school, the board may abolish
33 positions in such pool which are in excess of the number of teachers to
34 be absent on leave as aforesaid, or may use replacement teachers in such
35 pool instead of substitute teachers to replace teachers who are absent
36 for shorter periods than one term. Whenever a particular replacement
37 teacher cannot be used to replace any teacher who is absent on leave for
38 a full term, [he] they may similarly be used to replace teachers who are
39 absent for shorter periods. Nothing herein contained shall be construed
40 as preventing the appointment of regular substitute teachers to replace
41 teachers absent on leave when no persons holding positions created
42 pursuant to this subdivision are available for such replacement.
43 17. In the city school district of the city of Buffalo, the board of
44 education shall, within sixty days of the effective date of this subdi-
45 vision and annually prior to August first of each year thereafter,
46 ascertain the number of appointments which will be required for the
47 duration of not less than a term of the ensuing school year by reason of
48 leaves of absence granted to members of the teaching staff serving on
49 tenure. The board shall thereupon establish and make appointments to
50 positions of replacement teachers in a number which, including any such
51 teachers already serving as a result of earlier appointment, shall be
52 equal, if possible, or as nearly as possible, to two-thirds of the mini-
53 mum number of such teachers expected to be absent on leave at any one
54 time. Such positions shall constitute a pool from which the board shall
55 assign teachers to replace the teachers who are absent on leave. Such
56 positions of replacement teachers shall be in all respects permanent
A. 5151 12
1 positions in the school system and persons duly appointed by the board
2 to such positions shall be entitled to the rights of tenure and retire-
3 ment accruing to persons serving in other permanent teaching positions,
4 except that no replacement teacher shall be entitled to the special
5 limitation of the probationary period to one year provided for certain
6 teachers by subdivision one of this section. Upon acceptance of appoint-
7 ment as replacement teacher, the name of each such appointee shall be
8 placed on a preferred eligible list as a candidate for appointment to
9 any permanent teaching position for which [he or she holds] they hold a
10 valid license and such candidates shall be entitled to appointment from
11 such preferred eligible list in order of their placement on such list.
12 At any time when the total number of positions of replacement teacher in
13 such pool exceeds the total number of teachers who will be absent on
14 leave for the ensuing term of school, the board may abolish positions in
15 such pool which are in excess of the number of teachers to be absent on
16 leave as aforesaid, or may use replacement teachers in such pool instead
17 of substitute teachers to replace teachers who are absent for shorter
18 periods than one term. Whenever a particular replacement teacher cannot
19 be used to replace any teacher who is absent on leave for a full term,
20 [he or she] they may similarly be used to replace teachers who are
21 absent for shorter periods. Nothing herein contained shall be construed
22 as preventing the appointment of regular substitute teachers to replace
23 teachers absent on leave when no persons holding positions created
24 pursuant to this subdivision are available for such replacement.
25 § 3. Section 3012 of the education law, as amended by section 4 of
26 subpart D of part EE of chapter 56 of the laws of 2015, subparagraph ii
27 of paragraph (b) of subdivision 1 as amended by chapter 345 of the laws
28 of 2019, is amended to read as follows:
29 § 3012. Tenure: certain school districts. 1. (a) i. Teachers and all
30 other members of the teaching staff of school districts, including
31 common school districts and/or school districts employing fewer than
32 eight teachers, other than city school districts, who are appointed
33 prior to July first, two thousand fifteen, shall be appointed by the
34 board of education, or the trustees of common school districts, upon the
35 recommendation of the superintendent of schools, for a probationary
36 period of three years, except that in the case of a teacher who has
37 rendered satisfactory service as a regular substitute for a period of up
38 to two years or as a seasonally licensed per session teacher of swimming
39 in day schools who has served in that capacity for a period of up to two
40 years and has been appointed to teach the same subject in day schools,
41 on an annual salary, the probationary period shall be [limited to one
42 year] reduced proportionately based upon the length of the satisfactory
43 service; provided, however, that in the case of a teacher who has been
44 appointed on tenure in another school district within the state, the
45 school district where currently employed, or a board of cooperative
46 educational services, and who was not dismissed from such district or
47 board as a result of charges brought pursuant to subdivision one of
48 section three thousand twenty-a or section three thousand twenty-b of
49 this article, the probationary period shall not exceed two years. The
50 service of a person appointed to any [of] such positions may be discon-
51 tinued at any time during such probationary period, on the recommenda-
52 tion of the superintendent of schools, by a majority vote of the board
53 of education or the trustees of a common school district.
54 ii. Teachers and all other members of the teaching staff of school
55 districts, including common school districts and/or school districts
56 employing fewer than eight teachers, other than city school districts,
A. 5151 13
1 who are appointed on or after July first, two thousand fifteen, shall be
2 appointed by the board of education, or the trustees of common school
3 districts, upon the recommendation of the superintendent of schools, for
4 a probationary period of four years, except that in the case of a teach-
5 er who has rendered satisfactory service as a regular substitute for a
6 period of two years and, if a classroom teacher, has received satisfac-
7 tory annual [professional performance review ratings] reviews in each of
8 those years, or has rendered satisfactory service as a seasonally
9 licensed per session teacher of swimming in day schools who has served
10 in that capacity for a period of up to two years and has been appointed
11 to teach the same subject in day schools, on an annual salary, the
12 teacher shall be appointed [for] to a probationary period [of two years]
13 reduced proportionately based upon the length of the satisfactory
14 service; provided, however, that in the case of a teacher who has been
15 appointed on tenure in another school district within the state, the
16 school district where currently employed, or a board of cooperative
17 educational services, and who was not dismissed from such district or
18 board as a result of charges brought pursuant to subdivision one of
19 section three thousand twenty-a or section three thousand twenty-b of
20 this article, the teacher shall be appointed for a probationary period
21 of three years; provided that, in the case of a classroom teacher, the
22 teacher demonstrates that [he or she] they received [an annual profes-
23 sional performance] a satisfactory review [rating pursuant to section
24 three thousand twelve-c or section three thousand twelve-d of this chap-
25 ter] in [his or her] their final year of service in such other school
26 district or board of cooperative educational services. The service of a
27 person appointed to any of such positions may be discontinued at any
28 time during such probationary period, on the recommendation of the
29 superintendent of schools, by a majority vote of the board of education
30 or the trustees of a common school district.
31 (b) i. Principals, administrators, supervisors and all other members
32 of the supervising staff of school districts, including common school
33 districts and/or school districts employing fewer than eight teachers,
34 other than city school districts, who are appointed prior to July first,
35 two thousand fifteen, shall be appointed by the board of education, or
36 the trustees of a common school district, upon the recommendation of the
37 superintendent of schools for a probationary period of three years. The
38 service of a person appointed to any of such positions may be discontin-
39 ued at any time during the probationary period on the recommendation of
40 the superintendent of schools, by a majority vote of the board of educa-
41 tion or the trustees of a common school district.
42 ii. Principals, administrators, supervisors and all other members of
43 the supervising staff of school districts, including common school
44 districts and/or school districts employing fewer than eight teachers,
45 other than city school districts, who are appointed on or after July
46 first, two thousand fifteen, shall be appointed by the board of educa-
47 tion, or the trustees of a common school district, upon the recommenda-
48 tion of the superintendent of schools for a probationary period of four
49 years; provided, however, that in the case of a principal, administra-
50 tor, supervisor, or other member of the supervising staff who has been
51 appointed on tenure pursuant to this chapter as an administrator within
52 an authorized administrative tenure area in another school district
53 within the state, the school district where currently employed, or a
54 board of cooperative educational services, and who was not dismissed
55 from such district or board as a result of charges brought pursuant to
56 subdivision one of section three thousand twenty-a or section three
A. 5151 14
1 thousand twenty-b of this article, the principal, administrator, super-
2 visor or other member of the supervising staff shall be appointed for a
3 probationary period of three years. The service of a person appointed to
4 any of such positions may be discontinued at any time during the proba-
5 tionary period on the recommendation of the superintendent of schools,
6 by a majority vote of the board of education or the trustees of a common
7 school district.
8 (c) Any person previously appointed to tenure or a probationary period
9 pursuant to the provisions of former section three thousand thirteen of
10 this article shall continue to hold such position and be governed by the
11 provisions of this section notwithstanding any contrary provision of
12 law.
13 2. (a) Teachers and all other members of the teaching staff of school
14 districts, including common school districts and/or school districts
15 employing fewer than eight teachers, other than city school districts,
16 who are appointed on or after July first, two thousand twenty-one, shall
17 be appointed by the board of education, or the trustees of common school
18 districts, upon the recommendation of the superintendent of schools, for
19 a probationary period of three years, except that in the case of a
20 teacher who has rendered satisfactory service as a regular substitute
21 for a period of up to two years and, if a classroom teacher, has
22 received satisfactory annual reviews in each of those years, or has
23 rendered satisfactory service as a seasonally licensed per session
24 teacher of swimming in day schools who has served in that capacity for a
25 period of up to two years and has been appointed to teach the same
26 subject in day schools, on an annual salary, such teacher shall be
27 appointed for a probationary period reduced proportionately based upon
28 the length of the satisfactory service; provided, however, that in the
29 case of a teacher who has been appointed on tenure in another school
30 district within the state, the school district where currently employed,
31 or a board of cooperative educational services, and who was not
32 dismissed from such district or board as a result of charges brought
33 pursuant to subdivision one of section three thousand twenty-a or
34 section three thousand twenty-b of this article, such teacher shall be
35 appointed for a probationary period of two years; provided that, in the
36 case of a classroom teacher, the teacher demonstrates that they received
37 a satisfactory review in their final year of service in such other
38 school district or board of cooperative educational services. The
39 service of a person appointed to any such positions may be discontinued
40 at any time during such probationary period, on the recommendation of
41 the superintendent of schools, by a majority vote of the board of educa-
42 tion or the trustees of a common school district.
43 (b) Principals, administrators, supervisors and all other members of
44 the supervising staff of school districts, including common school
45 districts and/or school districts employing fewer than eight teachers,
46 other than city school districts, who are appointed on or after July
47 first, two thousand twenty-one, shall be appointed by the board of
48 education, or the trustees of a common school district, upon the recom-
49 mendation of the superintendent of schools for a probationary period of
50 three years. The service of a person appointed to any such positions may
51 be discontinued at any time during the probationary period on the recom-
52 mendation of the superintendent of schools, by a majority vote of the
53 board of education or the trustees of a common school district.
54 3. (a) At the expiration of the probationary [term] period of a person
55 appointed for such [term] period prior to July first, two thousand
56 fifteen, subject to the conditions of this section, the superintendent
A. 5151 15
1 of schools shall make a written report to the board of education or the
2 trustees of a common school district recommending for appointment on
3 tenure those persons who have been found competent, efficient and satis-
4 factory. Such persons, and all others employed in the teaching service
5 of the schools of such union free school district, common school
6 district and/or school district employing fewer than eight teachers, who
7 have served the probationary period as provided in this section, shall
8 hold their respective positions during good behavior and efficient and
9 competent service, and shall not be removed except for any of the
10 following causes, after a hearing, as provided by section three thousand
11 twenty-a or section three thousand twenty-b of this article: (a) insub-
12 ordination, immoral character or conduct unbecoming a teacher; (b) inef-
13 ficiency, incompetency, physical or mental disability, or neglect of
14 duty; (c) failure to maintain certification as required by this chapter
15 and by the regulations of the commissioner. Each person who is not to be
16 recommended for appointment on tenure, shall be so notified by the
17 superintendent of schools in writing not later than sixty days imme-
18 diately preceding the expiration of [his] the probationary period.
19 (b) At the expiration of the probationary [term] period of a person
20 appointed for such [term] period on or after July first, two thousand
21 fifteen, subject to the conditions of this section, the superintendent
22 of schools shall make a written report to the board of education or the
23 trustees of a common school district recommending for appointment on
24 tenure those persons who have been found competent, efficient and satis-
25 factory and, in the case of a classroom teacher or building principal,
26 who have received [composite] satisfactory annual [professional perform-
27 ance review ratings pursuant to section three thousand twelve-c or
28 section three thousand twelve-d of this article, of either effective or
29 highly effective] reviews in at least three of the four preceding years,
30 exclusive of any breaks in service[; provided that, notwithstanding any
31 other provision of this section to the contrary, when a teacher or prin-
32 cipal receives an effective or highly effective rating in each year of
33 his or her probationary service except he or she receives an ineffective
34 rating in the final year of his or her probationary period, such teacher
35 shall not be eligible for tenure but the board of education, in its
36 discretion, may extend the teacher's probationary period for an addi-
37 tional year; provided, however, that if such teacher or principal
38 successfully appealed such ineffective rating, such teacher or principal
39 shall immediately be eligible for tenure if the rating resulting from
40 the appeal established that such individual has been effective or highly
41 effective in at least three of the preceding four years and was not
42 ineffective in the final year. At the expiration of the probationary
43 period, the classroom teacher or building principal shall remain in
44 probationary status until the end of the school year in which such
45 teacher or principal has received such ratings of effective or highly
46 effective for at least three of the four preceding school years, exclu-
47 sive of any breaks in service, and subject to the terms hereof, during
48 which time the trustees or board of education shall consider whether to
49 grant tenure for those classroom teachers or building principals who
50 otherwise have been found competent, efficient and satisfactory.
51 Provided, however, that the trustees or board of education may grant
52 tenure contingent upon a classroom teacher's or building principal's
53 receipt of a minimum rating in the final year of the probationary peri-
54 od, pursuant to the requirements of this section, and if such contingen-
55 cy is not met after all appeals have been exhausted, the grant of tenure
56 shall be void and unenforceable and the teacher's or principal's proba-
A. 5151 16
1 tionary period may be extended in accordance with this subdivision].
2 Such persons who have been recommended for tenure and all others
3 employed in the teaching service of the schools of such school district
4 who have served the full probationary period [as extended] pursuant to
5 this subdivision shall hold their respective positions during good
6 behavior and efficient and competent service, and shall not be removable
7 except for cause after a hearing as provided by section three thousand
8 twenty-a or section three thousand twenty-b of this article. Failure to
9 maintain certification as required by this chapter and the regulations
10 of the commissioner shall constitute cause for removal.
11 [3.] 4. Notwithstanding any other provision of this section no period
12 in any school year for which there is no required service and/or for
13 which no compensation is provided shall in any event constitute a break
14 or suspension of probationary period or continuity of tenure rights of
15 any of the persons hereinabove described.
16 § 4. Section 3014 of the education law, as amended by section 5 of
17 subpart D of part EE of chapter 56 of the laws of 2015, paragraph (b) of
18 subdivision 1 as amended by chapter 345 of the laws of 2019, is amended
19 to read as follows:
20 § 3014. Tenure: boards of cooperative educational services. 1. (a)
21 Administrative assistants, supervisors, teachers and all other members
22 of the teaching and supervising staff of the board of cooperative educa-
23 tional services appointed prior to July first, two thousand fifteen,
24 shall be appointed by a majority vote of the board of cooperative educa-
25 tional services upon the recommendation of the district superintendent
26 of schools for a probationary period [of] not to exceed three years;
27 provided, however, that in the case of a teacher who has been appointed
28 on tenure in a school district within the state, the board of cooper-
29 ative educational services where currently employed, or another board of
30 cooperative educational services, and who was not dismissed from such
31 district or board as a result of charges brought pursuant to subdivision
32 one of section three thousand twenty-a or section three thousand twen-
33 ty-b of this article, the probationary period shall not exceed two
34 years. Services of a person so appointed to any such positions may be
35 discontinued at any time during such probationary period, upon the
36 recommendation of the district superintendent, by a majority vote of the
37 board of cooperative educational services.
38 (b) Administrative assistants, supervisors, teachers and all other
39 members of the teaching and supervising staff of the board of cooper-
40 ative educational services appointed on or after July first, two thou-
41 sand fifteen, shall be appointed by a majority vote of the board of
42 cooperative educational services upon the recommendation of the district
43 superintendent of schools for a probationary period [of] not to exceed
44 four years; provided, however, that in the case of a teacher who has
45 been appointed on tenure in a school district within the state, the
46 board of cooperative educational services where currently employed, or
47 another board of cooperative educational services, and who was not
48 dismissed from such district or board as a result of charges brought
49 pursuant to section three thousand twenty-a or section three thousand
50 twenty-b of this article, the teacher shall be appointed for a proba-
51 tionary period of three years; provided that, in the case of a classroom
52 teacher, the teacher demonstrates that [he or she] they received a
53 [composite] satisfactory annual [professional performance] review
54 [rating pursuant to section three thousand twelve-c or three thousand
55 twelve-d of this article of either effective or highly effective] in
56 [his or her] their final year of service in such other school district
A. 5151 17
1 or board of cooperative educational services; and provided further that
2 in the case of a principal, administrator, supervisor, or other member
3 of the supervising staff who has been appointed on tenure pursuant to
4 this chapter as an administrator within an authorized administrative
5 tenure area in another school district within the state, the school
6 district where currently employed, or a board of cooperative educational
7 services, and who was not dismissed from such district or board as a
8 result of charges brought pursuant to subdivision one of section three
9 thousand twenty-a or section three thousand twenty-b of this article,
10 the principal, administrator, supervisor, or other member of the super-
11 vising staff shall be appointed for a probationary period of three
12 years. Services of a person so appointed to any such positions to which
13 this paragraph applies may be discontinued at any time during the proba-
14 tionary period, upon the recommendation of the district superintendent,
15 by a majority vote of the board of cooperative educational services.
16 (c) Administrative assistants, supervisors, teachers and all other
17 members of the teaching and supervising staff of the board of cooper-
18 ative educational services appointed on or after July first, two thou-
19 sand twenty-one, shall be appointed by a majority vote of the board of
20 cooperative educational services upon the recommendation of the district
21 superintendent of schools for a probationary period not to exceed three
22 years; provided, however, that in the case of a teacher who has been
23 appointed on tenure in a school district within the state, the board of
24 cooperative educational services where currently employed, or another
25 board of cooperative educational services, and who was not dismissed
26 from such district or board as a result of charges brought pursuant to
27 section three thousand twenty-a or section three thousand twenty-b of
28 this article, such teacher shall be appointed for a probationary period
29 of two years; provided that, in the case of a classroom teacher, such
30 teacher demonstrates that they received a satisfactory annual review in
31 their final year of service in such other school district or board of
32 cooperative educational services. Services of a person so appointed to
33 any such positions may be discontinued at any time during such proba-
34 tionary period, upon the recommendation of the district superintendent,
35 by a majority vote of the board of cooperative educational services.
36 2. (a) On or before the expiration of the probationary [term] period
37 of a person appointed for such [term] period prior to July first, two
38 thousand fifteen, the district superintendent of schools shall make a
39 written report to the board of cooperative educational services recom-
40 mending for appointment on tenure persons who have been found competent,
41 efficient and satisfactory. Such persons shall hold their respective
42 positions during good behavior and competent and efficient service and
43 shall not be removed except for any of the following causes, after a
44 hearing, as provided by section three thousand twenty-a or section three
45 thousand twenty-b of this article: (i) Insubordination, immoral charac-
46 ter or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or
47 neglect of duty; (iii) Failure to maintain certification as required by
48 this chapter and by the regulations of the commissioner. Each person who
49 is not to be so recommended for appointment on tenure shall be so noti-
50 fied in writing by the district superintendent not later than sixty days
51 immediately preceding the expiration of [his or her] their probationary
52 period.
53 (b) On or before the expiration of the probationary [term] period of a
54 person appointed for such [term] period on or after July first, two
55 thousand fifteen, the district superintendent of schools shall make a
56 written report to the board of cooperative educational services recom-
A. 5151 18
1 mending for appointment on tenure persons who have been found competent,
2 efficient and satisfactory and, in the case of a classroom teacher or
3 building principal, who have received [composite] annual [professional
4 performance review ratings pursuant to section three thousand twelve-c
5 or section three thousand twelve-d of this article, of either effective
6 or highly effective in at least three of the four preceding years,]
7 reviews in at least three of the four preceding years, exclusive of any
8 breaks in service[; provided that, notwithstanding any other provision
9 of this section to the contrary, when a teacher or principal receives an
10 effective or highly effective rating in each year of his or her proba-
11 tionary service except he or she receives an ineffective rating in the
12 final year of his or her probationary period, such teacher shall not be
13 eligible for tenure but the board of education in its discretion, may
14 extend the teacher's probationary period for an additional year;
15 provided, however that if such teacher or principal successfully
16 appealed such ineffective rating, such teacher or principal shall imme-
17 diately be eligible for tenure if the rating resulting from the appeal
18 established that such individual has been effective or highly effective
19 in at least three of the preceding four years and was not ineffective in
20 the final year. At the expiration of the probationary period, the class-
21 room teacher or building principal shall remain in probationary status
22 until the end of the school year in which such teacher or principal has
23 received such ratings of effective or highly effective for at least
24 three of the four preceding school years, exclusive of any breaks in
25 service, during which time a board of cooperative educational services
26 shall consider whether to grant tenure for those classroom teachers or
27 building principals who otherwise have been found competent, efficient
28 and satisfactory. Provided, however, that the board of cooperative
29 educational services may grant tenure contingent upon a classroom teach-
30 er's or building principal's receipt of a minimum rating in the final
31 year of the probationary period, pursuant to the requirements of this
32 section, and if such contingency is not met after all appeals have been
33 exhausted, the grant of tenure shall be void and unenforceable and the
34 teacher's or principal's probationary period may be extended in accord-
35 ance with this subdivision]. Such persons shall hold their respective
36 positions during good behavior and competent and efficient service and
37 shall not be removed except for any of the following causes, after a
38 hearing, as provided by section three thousand twenty-a or section three
39 thousand twenty-b of this article: (i) Insubordination, immoral charac-
40 ter or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or
41 neglect of duty; (iii) Failure to maintain certification as required by
42 this chapter and by the regulations of the commissioner. Each person who
43 is not to be so recommended for appointment on tenure shall be so noti-
44 fied in writing by the district superintendent not later than sixty days
45 immediately preceding the expiration of [his or her] the probationary
46 period.
47 § 5. This act shall take effect immediately.
