Amd §§3012-d, 2852, 3204, 2509, 2573, 3012 & 3014, Ed L; amd §§292 & 296, Exec L; amd Part AA Subpart B §2,
Chap 56 of 2014
 
Relates to state assessments and teacher evaluations; increases the number of charters issued; makes permanent provisions relating to standardized tests not being included on a student's permanent record; expands the scope of unlawful discriminatory practices; reduces the probationary period for assistants, superintendents, teachers and other school employees.
STATE OF NEW YORK
________________________________________________________________________
9098
IN SENATE
June 16, 2018
___________
Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to state assessments and
teacher evaluations and to increasing the number of charters issued;
to amend the executive law, in relation to expanding the scope of
unlawful discriminatory practices to include public educational insti-
tutions; to amend subpart B of part AA of chapter 56 of the laws of
2014 amending the education law relating to providing that standard-
ized test scores shall not be included on a student's permanent
record, in relation to making such provisions permanent; to amend the
education law, in relation to reducing the probationary period for
assistants and other superintendents, teachers and other employees
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 4 and 5 of section 3012-d of the education
2 law, as added by section 2 of subpart E of part EE of chapter 56 of the
3 laws of 2015, subparagraph 1 of paragraph a of subdivision 4 as amended
4 by section 3 of subpart C of part B of chapter 20 of the laws of 2015,
5 are amended to read as follows:
6 4. Categories. The annual evaluation system shall consist of multiple
7 measures in two categories: student performance and teacher observa-
8 tions.
9 a. Student performance category. Such category shall have at least one
10 subcomponent and an optional second subcomponent as follows:
11 (1) For the first subcomponent, (A) for a teacher whose course ends in
12 a state-created or administered test for which there is a state-provided
13 growth model, such teacher shall have a state-provided growth score
14 based on such model, which shall take into consideration certain student
15 characteristics, as determined by the commissioner, including but not
16 limited to students with disabilities, poverty, English language learner
17 status and prior academic history and which shall identify educators
18 whose students' growth is well above or well below average compared to
19 similar students for a teacher's or principal's students after the
20 certain student characteristics above are taken into account; and (B)
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16341-02-8
S. 9098 2
1 for a teacher whose course does not end in a state-created or adminis-
2 tered test such teacher shall have a student learning objective (SLO)
3 consistent with a goal-setting process determined or developed by the
4 commissioner, that results in a student growth score; provided that, for
5 any teacher whose course ends in a state-created or administered assess-
6 ment for which there is no state-provided growth model, such assessment
7 must be used as the underlying assessment for such SLO;
8 (2) For the optional second subcomponent, a district may locally
9 select a second measure in accordance with this subparagraph. Such
10 second measure shall apply in a consistent manner, to the extent practi-
11 cable, across the district and be either: (A) a second state-provided
12 growth score on a state-created or administered test under clause (A) of
13 subparagraph one of this paragraph, or (B) a growth score based on a
14 state-designed supplemental assessment, calculated using a state-provid-
15 ed or approved growth model. The optional second subcomponent shall
16 provide options for multiple assessment measures that are aligned to
17 existing classroom and school best practices and take into consideration
18 the recommendations in the testing reduction report as required by
19 section one of subpart F of the chapter of the laws of two thousand
20 fifteen which added this section regarding the reduction of unnecessary
21 additional testing.
22 The commissioner shall determine the weights and scoring ranges for
23 the subcomponent or subcomponents of the student performance category
24 that shall result in a combined category rating, provided however the
25 student performance category shall not comprise more than twenty-five
26 percent of the overall calculation. The commissioner shall also set
27 parameters for appropriate targets for student growth for both subcompo-
28 nents, and the department must affirmatively approve and shall have the
29 authority to disapprove or require modifications of district plans that
30 do not set appropriate growth targets, including after initial approval.
31 The commissioner shall set such weights and parameters consistent with
32 the terms contained herein.
33 b. Teacher observations category. The observations category for teach-
34 ers shall be based on a state-approved rubric and shall include up to
35 three subcomponents. Such category must include: (1) a subcomponent
36 based on classroom observations conducted by a principal or other
37 trained administrator and must also include (2) a subcomponent based on
38 classroom observations by an impartial independent trained evaluator or
39 evaluators selected by the district. A trained peer teacher must be
40 rated effective or highly effective, approved by the district and can be
41 from the same school or from another school. An independent trained
42 evaluator may be employed within the school district[, but not the same
43 school building, as the teacher being evaluated]. Such category may also
44 include a subcomponent based on classroom observations conducted by a
45 trained peer teacher rated effective or highly effective from the same
46 school or from another school in the district.
47 The commissioner shall determine the weights, and/or weighting options
48 and scoring ranges for the subcomponents of the observations category
49 that result in a combined category rating. The commissioner shall also
50 determine the minimum number of observations to be conducted annually,
51 including frequency and duration, and any parameters therefor as well as
52 a framework to be used as the basis for observations. The commissioner
53 shall set such weights and scores consistent with the terms contained
54 herein.
55 5. Rating determination. The overall rating determination shall be
56 determined according to a methodology as follows:
S. 9098 3
1 [a.] The following rules shall apply: a teacher or principal who is
2 (1) rated using two subcomponents in the student performance category
3 and receives a rating of ineffective in such category shall be rated
4 ineffective overall; provided, however, that if the measure used in the
5 second subcomponent is a state-provided growth score on a state-created
6 or administered test pursuant to clause (A) of subparagraph one of para-
7 graph a of subdivision four of this section, a teacher or principal who
8 receives a rating of ineffective in such category shall not be eligible
9 to receive a rating of effective or highly effective overall; (2) rated
10 using only the state measure subcomponent in the student performance
11 category and receives a rating of ineffective in such category shall not
12 be eligible to receive a rating of effective or highly effective over-
13 all; and (3) rated ineffective in the teacher observations category
14 shall not be eligible to receive a rating of effective or highly effec-
15 tive overall.
16 [b. Except as otherwise provided in paragraph a of this subdivision, a
17 teacher's composite score shall be determined as follows:
18 (1) If a teacher receives an H in the teacher observation category,
19 and an H in the student performance category, the teacher's composite
20 score shall be H;
21 (2) If a teacher receives an H in the teacher observation category,
22 and an E in the student performance category, the teacher's composite
23 score shall be H;
24 (3) If a teacher receives an H in the teacher observation category,
25 and a D in the student performance category, the teacher's composite
26 score shall be E;
27 (4) If a teacher receives an H in the teacher observation category,
28 and an I in the student performance category, the teacher's composite
29 score shall be D;
30 (5) If a teacher receives an E in the teacher observation category,
31 and an H in the student performance category, the teacher's composite
32 score shall be H;
33 (6) If a teacher receives an E in the teacher observation category,
34 and an E in the student performance category, the teacher's composite
35 score shall be E;
36 (7) If a teacher receives an E in the teacher observation category,
37 and a D in the student performance category, the teacher's composite
38 score shall be E;
39 (8) If a teacher receives an E in the teacher observation category,
40 and an I in the student performance category, the teacher's composite
41 score shall be D;
42 (9) If a teacher receives a D in the teacher observation category, and
43 an H in the student performance category, the teacher's composite score
44 shall be E;
45 (10) If a teacher receives a D in the teacher observation category,
46 and an E in the student performance category, the teacher's composite
47 score shall be E;
48 (11) If a teacher receives a D in the teacher observation category,
49 and a D in the student performance category, the teacher's composite
50 score shall be D;
51 (12) If a teacher receives a D in the teacher observation category,
52 and an I in the student performance category, the teacher's composite
53 score shall be I;
54 (13) If a teacher receives an I in the teacher observation category,
55 and an H in the student performance category, the teacher's composite
56 score shall be D;
S. 9098 4
1 (14) If a teacher receives an I in the teacher observation category,
2 and an E in the student performance category, the teacher's composite
3 score shall be D;
4 (15) If a teacher receives an I in the teacher observation category,
5 and a D in the student performance category, the teacher's composite
6 score shall be I;
7 (16) If a teacher receives an I in the teacher observation category,
8 and an I in the student performance category, the teacher's composite
9 score shall be I.]
10 § 2. Section 3012-d of the education law is amended by adding a new
11 subdivision 16 to read as follows:
12 16. a. Notwithstanding any other provision of law, rule or regulation
13 to the contrary, the grades three through eight English language arts
14 and mathematics state assessments and all other state-created or admin-
15 istered tests shall not be required to be utilized in any manner to
16 determine a teacher or principal evaluation required by this section.
17 b. The commissioner shall promulgate rules and regulations providing
18 alternative assessments that may be used in grades three through eight
19 instead of all other state-created or administered tests, which shall
20 include all of the assessments that have been approved by the commis-
21 sioner for use in determining transition scores and ratings.
22 c. The selection and use of an assessment in a teacher or principal's
23 evaluation pursuant to paragraphs a and b of this subdivision and subdi-
24 vision four of this section shall be subject to collective bargaining
25 pursuant to article fourteen of the civil service law.
26 d. Notwithstanding any provision of subdivision twelve of this section
27 to the contrary, nothing in this section shall be construed to abrogate
28 any conflicting provisions of any collective bargaining agreement in
29 effect on the date this subdivision takes effect and until the entry
30 into a successor collective bargaining agreement, provided that notwith-
31 standing any other provision of law to the contrary, upon expiration of
32 such term and the entry into a successor collective bargaining agreement
33 the provisions of this subdivision shall apply; and, provided further,
34 however, that any assessments used in determining transition scores and
35 ratings shall be used in determining scores and ratings pursuant to this
36 section instead of the grades three through eight English language arts
37 and mathematics state assessments until the entry into a successor
38 collective bargaining agreement.
39 § 3. Subdivision 9 of section 2852 of the education law, as amended by
40 section 2 of subpart A of part B of chapter 20 of the laws of 2015, is
41 amended to read as follows:
42 9. The total number of charters issued pursuant to this article state-
43 wide shall not exceed four hundred sixty. (a) All charters issued on or
44 after July first, two thousand fifteen and counted toward the numerical
45 limits established by this subdivision shall be issued by the board of
46 regents upon application directly to the board of regents or on the
47 recommendation of the board of trustees of the state university of New
48 York pursuant to a competitive process in accordance with subdivision
49 nine-a of this section. [Fifty] Ninety percent of such charters issued
50 annually on or after [July first, two thousand fifteen,] the effective
51 date of the chapter of the laws of two thousand eighteen that amended
52 this subdivision and no more, shall be granted to a charter for a school
53 to be located in a city having a population of one million or more. The
54 failure of any body to issue the regulations authorized pursuant to this
55 article shall not affect the authority of a charter entity to propose a
56 charter to the board of regents or the board of regents' authority to
S. 9098 5
1 grant such charter. A conversion of an existing public school to a char-
2 ter school, or the renewal or extension of a charter approved by any
3 charter entity, shall not be counted toward the numerical limits estab-
4 lished by this subdivision.
5 (b) A charter that has been surrendered, revoked or terminated [on or
6 before July first, two thousand fifteen], including a charter that has
7 not been renewed by action of its charter entity, may be reissued pursu-
8 ant to paragraph (a) of this subdivision by the board of regents either
9 upon application directly to the board of regents or on the recommenda-
10 tion of the board of trustees of the state university of New York pursu-
11 ant to a competitive process in accordance with subdivision nine-a of
12 this section. Provided that such reissuance shall not be counted toward
13 the statewide numerical limit established by this subdivision[, and
14 provided further that no more than twenty-two charters may be reissued
15 pursuant to this paragraph].
16 (c) For purposes of determining the total number of charters issued
17 within the numerical limits established by this subdivision, the
18 approval date of the charter entity shall be the determining factor.
19 (d) Notwithstanding any provision of this article to the contrary, any
20 charter authorized to be issued by chapter fifty-seven of the laws of
21 two thousand seven effective July first, two thousand seven, and that
22 remains unissued as of July first, two thousand fifteen, may be issued
23 pursuant to the provisions of law applicable to a charter authorized to
24 be issued by such chapter in effect as of June fifteenth, two thousand
25 fifteen[; provided however that nothing in this paragraph shall be
26 construed to increase the numerical limit applicable to a city having a
27 population of one million or more as provided in paragraph (a) of this
28 subdivision, as amended by a chapter of the laws of two thousand fifteen
29 which added this paragraph].
30 § 4. Subdivision 9 of section 2852 of the education law, as amended by
31 section 2 of subpart A of part B of chapter 20 of the laws of 2015, is
32 amended to read as follows:
33 9. The total number of charters issued pursuant to this article state-
34 wide shall not exceed [four] five hundred sixty. (a) All charters issued
35 on or after July first, two thousand fifteen and counted toward the
36 numerical limits established by this subdivision shall be issued by the
37 board of regents upon application directly to the board of regents or on
38 the recommendation of the board of trustees of the state university of
39 New York pursuant to a competitive process in accordance with subdivi-
40 sion nine-a of this section. [Fifty of such charters issued on or after
41 July first, two thousand fifteen, and no more, shall be granted to a
42 charter for a school to be located in a city having a population of one
43 million or more.] The failure of any body to issue the regulations
44 authorized pursuant to this article shall not affect the authority of a
45 charter entity to propose a charter to the board of regents or the board
46 of regents' authority to grant such charter. A conversion of an existing
47 public school to a charter school, or the renewal or extension of a
48 charter approved by any charter entity, shall not be counted toward the
49 numerical limits established by this subdivision.
50 (b) A charter that has been surrendered, revoked or terminated [on or
51 before July first, two thousand fifteen], including a charter that has
52 not been renewed by action of its charter entity, may be reissued pursu-
53 ant to paragraph (a) of this subdivision by the board of regents either
54 upon application directly to the board of regents or on the recommenda-
55 tion of the board of trustees of the state university of New York pursu-
56 ant to a competitive process in accordance with subdivision nine-a of
S. 9098 6
1 this section. Provided that such reissuance shall not be counted toward
2 the statewide numerical limit established by this subdivision[, and
3 provided further that no more than twenty-two charters may be reissued
4 pursuant to this paragraph].
5 (c) For purposes of determining the total number of charters issued
6 within the numerical limits established by this subdivision, the
7 approval date of the charter entity shall be the determining factor.
8 (d) Notwithstanding any provision of this article to the contrary, any
9 charter authorized to be issued by chapter fifty-seven of the laws of
10 two thousand seven effective July first, two thousand seven, and that
11 remains unissued as of July first, two thousand fifteen, may be issued
12 pursuant to the provisions of law applicable to a charter authorized to
13 be issued by such chapter in effect as of June fifteenth, two thousand
14 fifteen[; provided however that nothing in this paragraph shall be
15 construed to increase the numerical limit applicable to a city having a
16 population of one million or more as provided in paragraph (a) of this
17 subdivision, as amended by a chapter of the laws of two thousand fifteen
18 which added this paragraph].
19 § 4-a. The opening paragraph of paragraph (a) of subdivision 9-a of
20 section 2852 of the education law, as amended by section 2 of subpart A
21 of part B of chapter 20 of the laws of 2015, is amended to read as
22 follows:
23 The board of regents is hereby authorized and directed to issue [four]
24 five hundred sixty charters statewide upon either applications submitted
25 directly to the board of regents or upon the recommendation of the board
26 of trustees of the state university of New York pursuant to a compet-
27 itive request for proposals process.
28 § 5. Subdivision 2 of section 3204 of the education law, as amended by
29 section 1 of part SSS of chapter 59 of the laws of 2018, is amended to
30 read as follows:
31 2. Quality and language of instruction; text-books. (i) Instruction
32 may be given only by a competent teacher. In the teaching of the
33 subjects of instruction prescribed by this section, English shall be the
34 language of instruction, and text-books used shall be written in
35 English, except that for a period of three years, which period may be
36 extended by the commissioner with respect to individual pupils, upon
37 application therefor by the appropriate school authorities, to a period
38 not in excess of six years, from the date of enrollment in school,
39 pupils who, by reason of foreign birth or ancestry have limited English
40 proficiency, shall be provided with instructional programs as specified
41 in subdivision two-a of this section and the regulations of the commis-
42 sioner. The purpose of providing such pupils with instruction shall be
43 to enable them to develop academically while achieving competence in the
44 English language. Instruction given to a minor elsewhere than at a
45 public school shall be at least substantially equivalent to the instruc-
46 tion given to minors of like age and attainments at the public schools
47 of the city or district where the minor resides.
48 (ii) For purposes of considering substantial equivalence pursuant to
49 this subdivision for nonpublic elementary and middle schools that are:
50 (1) non-profit corporations, (2) have a bi-lingual program, and (3) have
51 an educational program that extends from no later than nine a.m. until
52 no earlier than four p.m. for grades one through [three, and no earlier
53 than five thirty p.m. for grades four through] eight, on the majority of
54 weekdays to meet the requirements of this section, the department shall
55 consider the following, but not limited to: if the curriculum provides
56 academically rigorous instruction that develops critical thinking skills
S. 9098 7
1 in the school's students, taking into account the entirety of the
2 curriculum, over the course of elementary and middle school, including
3 instruction in English [that will] to prepare pupils to read fiction and
4 nonfiction text for information and to use that information to construct
5 written essays that state a point of view or support an argument;
6 instruction in mathematics [that will] to prepare pupils to solve real
7 world problems using both number sense and fluency with mathematical
8 functions and operations; instruction in history [by being able] to
9 prepare pupils to interpret and analyze primary text to identify and
10 explore important events in history, to construct written arguments
11 using the supporting information they get from primary source material,
12 demonstrate an understating of the role of geography and economics in
13 the actions of world civilizations, and an understanding of civics and
14 the responsibilities of citizens in world communities; and instruction
15 in science [by learning] to teach pupils how to gather, analyze and
16 interpret observable data to make informed decisions and solve problems
17 mathematically, using deductive and inductive reasoning to support a
18 hypothesis, and how to differentiate between correlational and causal
19 relationships.
20 (iii) For purposes of considering substantial equivalence pursuant to
21 this subdivision for nonpublic high schools that: (1) are established
22 for pupils in high school who have graduated from an elementary school
23 that provides instruction as described in this section, (2) are a non-
24 profit corporation, (3) have a bi-lingual program, and (4) have an
25 educational program that extends from no later than nine a.m. until no
26 earlier than [six] four-thirty p.m. on the majority of weekdays to meet
27 the requirements of this section the department shall consider the
28 following but not limited to: if the curriculum provides academically
29 rigorous instruction that develops critical thinking skills in the
30 school's students, the outcomes of which, taking into account the
31 entirety of the curriculum, result in a sound basic education.
32 (iv) Nothing herein shall be construed to entitle or permit any school
33 to receive an increase in mandated services aid pursuant to 8 NYCRR 176
34 on account of providing a longer school day.
35 (v) [The commissioner shall be the entity that determines whether
36 nonpublic elementary and secondary schools are in compliance with the
37 academic requirements set forth in paragraphs (ii) and (iii) of this
38 subdivision.] In determining compliance with the academic requirements
39 set forth in paragraphs (ii) and (iii) of this subdivision, the commis-
40 sioner shall designate an entity or entities with expertise in the
41 curriculum of the schools described in paragraphs (ii) and (iii) of this
42 subdivision to evaluate the schools' compliance with said requirements,
43 and shall defer to such entity's expertise in making such evaluation.
44 (vi) For purposes of determining compliance with the academic require-
45 ments set forth in paragraphs (ii) and (iii) of this subdivision, the
46 determination shall be based solely on teaching the enumerated criteria
47 contained therein; provided, however, that nothing in this paragraph
48 shall prohibit schools from providing instruction in areas not enumer-
49 ated within paragraphs (ii) and (iii) of this subdivision.
50 (vii) Upon a finding of non-compliance the following steps may be
51 taken:
52 (a) The commissioner may issue a report recommending corrective
53 actions to satisfy the academic requirements established herein.
54 (b) Such school may accept and implement the recommended corrective
55 actions or establish its own plan for resolving the stated deficiencies,
56 and be afforded adequate time to implement such corrective actions. Upon
S. 9098 8
1 failure of a school to remedy the non-compliance, the commissioner may
2 deem the school's curriculum to be deficient and place the school on
3 probation for a period of one year. During such probationary period the
4 school shall be required to retain and work with a curriculum specialist
5 to further address and resolve the deficiencies and shall be subject to
6 further and periodic monitoring by the commissioner until the deficien-
7 cies are resolved pursuant to this subdivision.
8 (c) If a school is deemed not to be in compliance after the probation-
9 ary period described above, the commissioner shall inform parents of
10 students enrolled in such school that the instruction provided by the
11 school was determined not to be in compliance.
12 § 6. Section 292 of the executive law is amended by adding a new
13 subdivision 35 to read as follows:
14 35. The term "educational institution" shall mean:
15 (a) any education corporation or association which holds itself out to
16 the public to be non-secretarian and exempt from taxation pursuant to
17 the provisions of article four of the real property tax law; or
18 (b) any public school, including any school district, board of cooper-
19 ative education services, public college or public university.
20 § 7. Subdivision 4 of section 296 of the executive law, as amended by
21 chapter 106 of the laws of 2003, is amended to read as follows:
22 4. It shall be an unlawful discriminatory practice for an [education
23 corporation or association which holds itself out to the public to be
24 non-sectarian and exempt from taxation pursuant to the provisions of
25 article four of the real property tax law] educational institution to
26 deny the use of its facilities to any person otherwise qualified, or to
27 permit the harassment of any student or applicant, by reason of his
28 race, color, religion, disability, national origin, sexual orientation,
29 military status, sex, age or marital status, except that any such insti-
30 tution which establishes or maintains a policy of educating persons of
31 one sex exclusively may admit students of only one sex.
32 § 8. Section 2 of subpart B of part AA of chapter 56 of the laws of
33 2014 amending the education law relating to providing that standardized
34 test scores shall not be included on a student's permanent record, as
35 amended by section 35 of part CCC of chapter 59 of the laws of 2018, is
36 amended to read as follows:
37 § 2. This act shall take effect immediately [and shall expire and be
38 deemed repealed on December 31, 2019].
39 § 9. Subdivisions 1 and 2 of section 2509 of the education law, subdi-
40 vision 1 as amended by chapter 116 of the laws of 1971, paragraphs (a)
41 and (b) of subdivision 1 as amended by section 1 and subdivision 2 as
42 amended by section 2 of subpart D of part EE of chapter 56 of the laws
43 of 2015, are amended to read as follows:
44 1. (a) i. Teachers and all other members of the teaching staff
45 appointed prior to July first, two thousand fifteen and authorized by
46 section twenty-five hundred three of this article, shall be appointed by
47 the board of education, upon the recommendation of the superintendent of
48 schools, for a probationary period of three years, except that in the
49 case of a teacher who has rendered satisfactory service as a regular
50 substitute for a period of two years or as a seasonally licensed per
51 session teacher of swimming in day schools who has served in that capac-
52 ity for a period of two years and has been appointed to teach the same
53 subject in day schools on an annual salary, the probationary period
54 shall be limited to one year; provided, however, that in the case of a
55 teacher who has been appointed on tenure in another school district
56 within the state, the school district where currently employed, or a
S. 9098 9
1 board of cooperative educational services, and who was not dismissed
2 from such district or board as a result of charges brought pursuant to
3 subdivision one of section three thousand twenty-a of this chapter, the
4 probationary period shall not exceed two years. The service of a person
5 appointed to any of such positions may be discontinued at any time
6 during such probationary period, on the recommendation of the super-
7 intendent of schools, by a majority vote of the board of education. Each
8 person who is not to be recommended for appointment on tenure shall be
9 so notified by the superintendent of schools in writing not later than
10 sixty days immediately preceding the expiration of his probationary
11 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] three years, except that in
18 the case of a teacher who has rendered satisfactory service as a regular
19 substitute for a period of two years and, if a classroom teacher, has
20 received composite annual professional performance review ratings in
21 each of those years, or has rendered satisfactory service as a
22 seasonally licensed per session teacher of swimming in day schools who
23 has served in that capacity for a period of two years and has been
24 appointed to teach the same subject in day schools on an annual salary,
25 the teacher shall be appointed for a probationary period of two years;
26 provided, however, that in the case of a teacher who has been appointed
27 on tenure in another school district within the state, the school
28 district where currently employed, or a board of cooperative educational
29 services, and who was not dismissed from such district or board as a
30 result of charges brought pursuant to subdivision one of section three
31 thousand twenty-a or section three thousand twenty-b of this chapter,
32 the teacher shall be appointed for a probationary period of [three] two
33 years; provided that the teacher demonstrates that he or she received an
34 annual professional performance review rating pursuant to section [three
35 thousand twelve-c or section three thousand twelve-d] three thousand
36 twelve-b of this chapter in his or her final year of service in such
37 other school district or board of cooperative educational services. The
38 service of a person appointed to any of such positions may be discontin-
39 ued at any time during such probationary period, on the recommendation
40 of the superintendent of schools, by a majority vote of the board of
41 education. Each person who is not to be recommended for appointment on
42 tenure shall be so notified by the superintendent of schools in writing
43 not later than sixty days immediately preceding the expiration of
44 his/her probationary period.
45 (b) i. Administrators, directors, supervisors, principals and all
46 other members of the supervising staff, except associate, assistant and
47 other superintendents appointed prior to July first, two thousand
48 fifteen and authorized by section twenty-five hundred three of this
49 article, shall be appointed by the board of education, upon the recom-
50 mendation of the superintendent of schools for a probationary period of
51 three years. The service of a person appointed to any of such positions
52 may be discontinued at any time during the probationary period on the
53 recommendation of the superintendent of schools, by a majority vote of
54 the board of education.
55 ii. Notwithstanding any other provision of law or regulation to the
56 contrary, administrators, directors, supervisors, principals and all
S. 9098 10
1 other members of the supervising staff, except associate, assistant and
2 other superintendents, appointed on or after July first, two thousand
3 fifteen and authorized by section twenty-five hundred three of this
4 article, shall be appointed by the board of education, upon the recom-
5 mendation of the superintendent of schools for a probationary period of
6 [four] three years. The service of a person appointed to any of such
7 positions may be discontinued at any time during the probationary period
8 on the recommendation of the superintendent of schools, by a majority
9 vote of the board of education.
10 2. a. At the expiration of the probationary term of any persons
11 appointed for such term prior to July first, two thousand fifteen, or
12 within six months prior thereto, the superintendent of schools shall
13 make a written report to the board of education recommending for
14 appointment on tenure those persons who have been found competent, effi-
15 cient and satisfactory. By a majority vote the board of education may
16 then appoint on tenure any or all of the persons recommended by the
17 superintendent of schools. Such persons and all others employed in the
18 teaching service of the schools of such school district who have served
19 the full probationary period shall hold their respective positions
20 during good behavior and efficient and competent service, and shall not
21 be removable except for cause after a hearing as provided by section
22 three thousand twenty-a or section three thousand twenty-b of this chap-
23 ter. Failure to maintain certification as required by this chapter and
24 the regulations of the commissioner shall constitute cause for removal.
25 b. For persons appointed on or after July first, two thousand fifteen,
26 at the expiration of the probationary term of any persons appointed for
27 such term, or within six months prior thereto, the superintendent of
28 schools shall make a written report to the board of education recommend-
29 ing for appointment on tenure those persons who have been found compe-
30 tent, efficient and satisfactory and in the case of a classroom teacher
31 or building principal, who have received annual professional performance
32 review ratings pursuant to section [three thousand twelve-c or section
33 three thousand twelve-d] three thousand twelve-b of this chapter, of
34 either effective or highly effective in at least [three] two of the
35 [four] three preceding years, exclusive of any breaks in service;
36 provided that, notwithstanding any other provision of this section to
37 the contrary, when a teacher or principal receives an effective or high-
38 ly effective rating in each year of his or her probationary service
39 except he or she receives an ineffective rating in the final year of his
40 or her probationary period, such teacher or principal shall not be
41 eligible for tenure but the board of education in its discretion, may
42 extend the teacher's probationary period for an additional year;
43 provided, however, that if such teacher or principal successfully
44 appealed such ineffective rating, such teacher or principal shall imme-
45 diately be eligible for tenure if the rating resulting from the appeal
46 established that such individual has been effective or highly effective
47 in at least [three] two of the preceding [four] three years and was not
48 ineffective in the final year. By a majority vote, the board of educa-
49 tion may then appoint on tenure any or all of the persons recommended by
50 the superintendent of schools. At the expiration of the probationary
51 period, the classroom teacher or building principal shall remain in
52 probationary status until the end of the school year in which such
53 teacher or principal has received such ratings of effective or highly
54 effective for at least [three] two of the [four] three preceding school
55 years exclusive of any breaks in service and subject to the terms here-
56 of, during which time a board of education shall consider whether to
S. 9098 11
1 grant tenure for those classroom teachers or building principals who
2 otherwise have been found competent, efficient and satisfactory.
3 Provided, however, that the board of education may grant tenure contin-
4 gent upon a classroom teacher's or building principal's receipt of a
5 minimum rating in the final year of the probationary period, pursuant to
6 the requirements of this section, and if such contingency is not met
7 after all appeals have been exhausted, the grant of tenure shall be void
8 and unenforceable and the teacher's or principal's probationary period
9 may be extended in accordance with this subdivision. Such persons who
10 have been recommended for tenure and all others employed in the teaching
11 service of the schools of such school district who have served the full
12 probationary period as extended pursuant to this subdivision shall hold
13 their respective positions during good behavior and efficient and compe-
14 tent service, and shall not be removable except for cause after a hear-
15 ing as provided by section three thousand twenty-a or section three
16 thousand twenty-b of this chapter. Failure to maintain certification as
17 required by this chapter and the regulations of the commissioner shall
18 constitute cause for removal.
19 § 10. Subdivision 1, paragraph (b) of subdivision 5, and paragraph (b)
20 of subdivision 6 of section 2573 of the education law, subdivision 1 as
21 amended, paragraph (b) of subdivision 5 and paragraph (b) of subdivision
22 6 as added by section 3 of subpart D of part EE of chapter 56 of the
23 laws of 2015, are amended to read as follows:
24 1. (a) i. Teachers and all other members of the teaching staff,
25 appointed prior to July first, two thousand fifteen and authorized by
26 section twenty-five hundred fifty-four of this article, shall be
27 appointed by the board of education, upon the recommendation of the
28 superintendent of schools, for a probationary period of three years,
29 except that in the case of a teacher who has rendered satisfactory
30 service as a regular substitute for a period of two years or as a
31 seasonally licensed per session teacher of swimming in day schools who
32 has served in that capacity for a period of two years and has been
33 appointed to teach the same subject in day schools on an annual salary,
34 the probationary period shall be limited to one year; provided, however,
35 that in the case of a teacher who has been appointed on tenure in anoth-
36 er school district within the state, the school district where currently
37 employed, or a board of cooperative educational services, and who was
38 not dismissed from such district or board as a result of charges brought
39 pursuant to subdivision one of section three thousand twenty-a or
40 section three thousand twenty-b of this chapter, the probationary period
41 shall not exceed two years; provided, however, that in cities with a
42 population of one million or more, a teacher appointed under a newly
43 created license, for teachers of reading and of the emotionally hand-
44 icapped, to a position which the teacher has held for at least two years
45 prior to such appointment while serving on tenure in another license
46 area who was not dismissed as a result of charges brought pursuant to
47 subdivision one of section three thousand twenty-a or section three
48 thousand twenty-b of this chapter, the probationary period shall be one
49 year. The service of a person appointed to any of such positions may be
50 discontinued at any time during such probationary period, on the recom-
51 mendation of the superintendent of schools, by a majority vote of the
52 board of education. Each person who is not to be recommended for
53 appointment on tenure shall be so notified by the superintendent of
54 schools in writing not later than sixty days immediately preceding the
55 expiration of his or her probationary period. In city school districts
56 having a population of four hundred thousand or more, persons with
S. 9098 12
1 licenses obtained as a result of examinations announced subsequent to
2 the twenty-second day of May, nineteen hundred sixty-nine appointed upon
3 conditions that all announced requirements for the position be fulfilled
4 within a specified period of time, shall not acquire tenure unless and
5 until such requirements have been completed within the time specified
6 for the fulfillment of such requirements, notwithstanding the expiration
7 of any probationary period. In all other city school districts subject
8 to the provisions of this article, failure to maintain certification as
9 required by this article and by the regulations of the commissioner
10 shall be cause for removal within the meaning of subdivision five of
11 this section.
12 ii. Teachers and all other members of the teaching staff appointed on
13 or after July first, two thousand fifteen and authorized by section
14 twenty-five hundred fifty-four of this article, shall be appointed by
15 the board of education, upon the recommendation of the superintendent of
16 schools, for a probationary period of [four] three years, except that in
17 the case of a teacher who has rendered satisfactory service as a regular
18 substitute for a period of two years and, if a classroom teacher, has
19 received annual professional performance review ratings in each of those
20 years, or has rendered satisfactory service as a seasonally licensed per
21 session teacher of swimming in day schools who has served in that capac-
22 ity for a period of two years and has been appointed to teach the same
23 subject in day schools on an annual salary, the teacher shall be
24 appointed for a probationary period of two years; provided, however,
25 that in the case of a teacher who has been appointed on tenure in anoth-
26 er school district within the state, the school district where currently
27 employed, or a board of cooperative educational services, and who was
28 not dismissed from such district or board as a result of charges brought
29 pursuant to subdivision one of section three thousand twenty-a or
30 section three thousand twenty-b of this chapter, the teacher shall be
31 appointed for a probationary period of [three] two years; provided that,
32 in the case of a classroom teacher, the teacher demonstrates that he or
33 she received an annual professional performance review rating pursuant
34 to section [three thousand twelve-c or section three thousand twelve-d]
35 three thousand twelve-b of this chapter in his or her final year of
36 service in such other school district or board of cooperative educa-
37 tional services; provided, however, that in cities with a population of
38 one million or more, a teacher appointed under a newly created license,
39 for teachers of reading and of the emotionally handicapped, to a posi-
40 tion which the teacher has held for at least two years prior to such
41 appointment while serving on tenure in another license area who was not
42 dismissed as a result of charges brought pursuant to subdivision one of
43 section three thousand twenty-a or section three thousand twenty-b of
44 this chapter, the teacher shall be appointed for a probationary period
45 of two years. The service of a person appointed to any of such positions
46 may be discontinued at any time during such probationary period, on the
47 recommendation of the superintendent of schools, by a majority vote of
48 the board of education. Each person who is not to be recommended for
49 appointment on tenure shall be so notified by the superintendent of
50 schools in writing not later than sixty days immediately preceding the
51 expiration of his or her probationary period. In all city school
52 districts subject to the provisions of this article, failure to maintain
53 certification as required by this article and by the regulations of the
54 commissioner shall be cause for removal within the meaning of subdivi-
55 sion five of this section.
S. 9098 13
1 (b) i. Administrators, directors, supervisors, principals and all
2 other members of the supervising staff, except executive directors,
3 associate, assistant, district and community superintendents and examin-
4 ers, appointed prior to July first, two thousand fifteen and authorized
5 by section twenty-five hundred fifty-four of this article, shall be
6 appointed by the board of education, upon the recommendation of the
7 superintendent or chancellor of schools, for a probationary period of
8 three years. The service of a person appointed to any of such positions
9 may be discontinued at any time during the probationary period on the
10 recommendation of the superintendent of schools, by a majority vote of
11 the board of education.
12 ii. Administrators, directors, supervisors, principals and all other
13 members of the supervising staff, except executive directors, associate,
14 assistant, district and community superintendents and examiners,
15 appointed on or after July first, two thousand fifteen and authorized by
16 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 [four] three years provided that such probationary period may be
20 extended in accordance with paragraph (b) of subdivision five of this
21 section. The service of a person appointed to any of such positions may
22 be discontinued at any time during the probationary period on the recom-
23 mendation of the superintendent of schools, by a majority vote of the
24 board of education.
25 (b) At the expiration of the probationary term of any persons
26 appointed for such term on or after July first, two thousand fifteen,
27 the superintendent of schools shall make a written report to the board
28 of education recommending for permanent appointment those persons who
29 have been found competent, efficient and satisfactory and, in the case
30 of a classroom teacher or building principal, who have received compos-
31 ite annual professional performance review ratings pursuant to section
32 [three thousand twelve-c or section three thousand twelve-d] three thou-
33 sand twelve-b of this chapter, of either effective or highly effective
34 in at least [three] two of the [four] three preceding years, exclusive
35 of any breaks in service; provided that, notwithstanding any other
36 provision of this section to the contrary, when a teacher or principal
37 receives an effective and/or highly effective rating in each year of his
38 or her probationary service except he or she receives an ineffective
39 rating in the final year of his or her probationary period, such teacher
40 or principal shall not be eligible for tenure but the board of education
41 in its discretion, may extend the teacher's probationary period for an
42 additional year; provided, however, that if such teacher or principal
43 successfully appealed such ineffective rating, such teacher or principal
44 shall immediately be eligible for tenure if the rating resulting from
45 the appeal established that such individual has been effective or highly
46 effective in at least [three] two of the preceding [four] three years.
47 At 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] two of the
51 [four] three preceding school years, exclusive of any breaks in service
52 and subject to the terms hereof, during which time a board of education
53 shall consider whether to grant tenure for those classroom teachers or
54 building principals who otherwise have been found competent, efficient
55 and satisfactory. Provided, however, that the board of education may
56 grant tenure contingent upon a classroom teacher's or building princi-
S. 9098 14
1 pal's receipt of a minimum rating in the final year of the probationary
2 period, pursuant to the requirements of this section, and if such
3 contingency is not met after all appeals have been exhausted, the grant
4 of tenure shall be void and unenforceable and the teacher's or princi-
5 pal's probationary period may be extended in accordance with this subdi-
6 vision. Such persons who have been recommended for tenure and all others
7 employed in the teaching service of the schools of such school district
8 who have served the full probationary period as extended pursuant to
9 this subdivision shall hold their respective positions during good
10 behavior and efficient and competent service, and shall not be removable
11 except for cause after a hearing as provided by section three thousand
12 twenty-a or section three thousand twenty-b of this chapter. Failure to
13 maintain certification as required by this chapter and the regulations
14 of the commissioner shall constitute cause for removal.
15 (b) At the expiration of the probationary term of any persons
16 appointed for such term on or after July first, two thousand fifteen,
17 the superintendent of schools shall make a written report to the board
18 of education recommending for permanent appointment those persons who
19 have been found competent, efficient and satisfactory and, in the case
20 of a classroom teacher or building principal, who have received compos-
21 ite annual professional performance review ratings pursuant to section
22 [three thousand twelve-c or section three thousand twelve-d] three thou-
23 sand twelve-b of this chapter, of either effective or highly effective
24 in at least [three] two of the [four] three preceding years, exclusive
25 of any breaks in service; provided that, notwithstanding any other
26 provision of this section to the contrary, when a teacher receives an
27 effective and/or highly effective rating in each year of his or her
28 probationary service except he or she receives an ineffective rating in
29 the final year of his or her probationary period, such teacher or prin-
30 cipal shall not be eligible for tenure but the board of education in its
31 discretion, may extend the teacher's probationary period for an addi-
32 tional year; provided, however, that if such teacher or principal
33 successfully appealed such ineffective rating, such teacher or principal
34 shall immediately be eligible for tenure if the rating resulting from
35 the appeal established that such individual has been effective or highly
36 effective in at least [three] two of the preceding [four] three years
37 and was not ineffective in the final year. At the expiration of the
38 probationary period, the classroom teacher or building principal shall
39 remain in probationary status until the end of the school year in which
40 such teacher or principal has received such ratings of effective or
41 highly effective for at least [three] two of the [four] three preceding
42 school years, exclusive of any breaks in service and subject to the
43 terms hereof, during which time a board of education shall consider
44 whether to grant tenure for those classroom teachers or building princi-
45 pals who otherwise have been found competent, efficient and satisfac-
46 tory. Provided, however, that the board of education may grant tenure
47 contingent upon a classroom teacher's or building principal's receipt of
48 a minimum rating in the final year of the probationary period, pursuant
49 to the requirements of this section, and if such contingency is not met
50 after all appeals have been exhausted, the grant of tenure shall be void
51 and unenforceable and the teacher's or principal's probationary period
52 may be extended in accordance with this subdivision. Such persons who
53 have been recommended for tenure and all others employed in the teaching
54 service of the schools of such school district who have served the full
55 probationary period as extended pursuant to this subdivision shall hold
56 their respective positions during good behavior and efficient and compe-
S. 9098 15
1 tent service, and shall not be removable except for cause after a hear-
2 ing as provided by section three thousand twenty-a or section three
3 thousand twenty-b of this chapter. Failure to maintain certification as
4 required by this chapter and the regulations of the commissioner shall
5 constitute cause for removal.
6 § 11. Subparagraph ii of paragraph (a) of subdivision 1, subparagraph
7 ii of paragraph (b) of subdivision 1, and paragraph (b) of subdivision 2
8 of section 3012 of the education law, as amended by section 4 of subpart
9 D of part EE of chapter 56 of the laws of 2015, are amended to read as
10 follows:
11 ii. Teachers and all other members of the teaching staff of school
12 districts, including common school districts and/or school districts
13 employing fewer than eight teachers, other than city school districts,
14 who are appointed on or after July first, two thousand fifteen, shall be
15 appointed by the board of education, or the trustees of common school
16 districts, upon the recommendation of the superintendent of schools, for
17 a probationary period of [four] three years, except that in the case of
18 a teacher who has rendered satisfactory service as a regular substitute
19 for a period of two years and, if a classroom teacher, has received
20 annual professional performance review ratings in each of those years,
21 or has rendered satisfactory service as a seasonally licensed per
22 session teacher of swimming in day schools who has served in that capac-
23 ity for a period of two years and has been appointed to teach the same
24 subject in day schools, on an annual salary, the teacher shall be
25 appointed for a probationary period of two years; provided, however,
26 that in the case of a teacher who has been appointed on tenure in anoth-
27 er school district within the state, the school district where currently
28 employed, or a board of cooperative educational services, and who was
29 not dismissed from such district or board as a result of charges brought
30 pursuant to subdivision one of section three thousand twenty-a or
31 section three thousand twenty-b of this article, the teacher shall be
32 appointed for a probationary period of [three] two years; provided that,
33 in the case of a classroom teacher, the teacher demonstrates that he or
34 she received an annual professional performance review rating pursuant
35 to section [three thousand twelve-c or section three thousand twelve-d]
36 three thousand twelve-b of this [chapter] article in his or her final
37 year of service in such other school district or board of cooperative
38 educational services. The service of a person appointed to any of such
39 positions may be discontinued at any time during such probationary peri-
40 od, on the recommendation of the superintendent of schools, by a majori-
41 ty vote of the board of education or the trustees of a common school
42 district.
43 ii. 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 fifteen, shall be appointed by the board of educa-
48 tion, or the trustees of a common school district, upon the recommenda-
49 tion of the superintendent of schools for a probationary period of
50 [four] three years. The service of a person appointed to any of such
51 positions may be discontinued at any time during the probationary period
52 on the recommendation of the superintendent of schools, by a majority
53 vote of the board of education or the trustees of a common school
54 district.
55 (b) At the expiration of the probationary term of a person appointed
56 for such term on or after July first, two thousand fifteen, subject to
S. 9098 16
1 the conditions of this section, the superintendent of schools shall make
2 a written report to the board of education or the trustees of a common
3 school district recommending for appointment on tenure those persons who
4 have been found competent, efficient and satisfactory and, in the case
5 of a classroom teacher or building principal, who have received compos-
6 ite annual professional performance review ratings pursuant to section
7 [three thousand twelve-c or section three thousand twelve-d] three thou-
8 sand twelve-b of this article, of either effective or highly effective
9 in at least [three] two of the [four] three preceding years, exclusive
10 of any breaks in service; provided that, notwithstanding any other
11 provision of this section to the contrary, when a teacher or principal
12 receives an effective or highly effective rating in each year of his or
13 her probationary service except he or she receives an ineffective rating
14 in the final year of his or her probationary period, such teacher shall
15 not be eligible for tenure but the board of education, in its
16 discretion, may extend the teacher's probationary period for an addi-
17 tional year; provided, however, that if such teacher or principal
18 successfully appealed such ineffective rating, such teacher or principal
19 shall immediately be eligible for tenure if the rating resulting from
20 the appeal established that such individual has been effective or highly
21 effective in at least [three] two of the preceding [four] three years
22 and was not ineffective in the final year. At the expiration of the
23 probationary period, the classroom teacher or building principal shall
24 remain in probationary status until the end of the school year in which
25 such teacher or principal has received such ratings of effective or
26 highly effective for at least [three] two of the [four] three preceding
27 school years, exclusive of any breaks in service, and subject to the
28 terms hereof, during which time the trustees or board of education shall
29 consider whether to grant tenure for those classroom teachers or build-
30 ing principals who otherwise have been found competent, efficient and
31 satisfactory. Provided, however, that the trustees or board of education
32 may grant tenure contingent upon a classroom teacher's or building prin-
33 cipal's receipt of a minimum rating in the final year of the probation-
34 ary period, pursuant to the requirements of this section, and if such
35 contingency is not met after all appeals have been exhausted, the grant
36 of tenure shall be void and unenforceable and the teacher's or princi-
37 pal's probationary period may be extended in accordance with this subdi-
38 vision. Such persons who have been recommended for tenure and all others
39 employed in the teaching service of the schools of such school district
40 who have served the full probationary period as extended pursuant to
41 this subdivision shall hold their respective positions during good
42 behavior and efficient and competent service, and shall not be removable
43 except for cause after a hearing as provided by section three thousand
44 twenty-a or section three thousand twenty-b of this article. Failure to
45 maintain certification as required by this chapter and the regulations
46 of the commissioner shall constitute cause for removal.
47 § 12. Paragraph (b) of subdivision 1 and paragraph (b) of subdivision
48 2 of section 3014 of the education law, as added by section 5 of subpart
49 D of part EE of chapter 56 of the laws of 2015, are amended to read as
50 follows:
51 (b) Administrative assistants, supervisors, teachers and all other
52 members of the teaching and supervising staff of the board of cooper-
53 ative educational services appointed on or after July first, two thou-
54 sand fifteen, shall be appointed by a majority vote of the board of
55 cooperative educational services upon the recommendation of the district
56 superintendent of schools for a probationary period of not to exceed
S. 9098 17
1 [four] three years; provided, however, that in the case of a teacher who
2 has been appointed on tenure in a school district within the state, the
3 board of cooperative educational services where currently employed, or
4 another board of cooperative educational services, and who was not
5 dismissed from such district or board as a result of charges brought
6 pursuant to section three thousand twenty-a or section three thousand
7 twenty-b of this article, the teacher shall be appointed for a proba-
8 tionary period of [three] two years; provided that, in the case of a
9 classroom teacher, the teacher demonstrates that he or she received a
10 composite annual professional performance review rating pursuant to
11 section [three thousand twelve-c or three thousand twelve-d] three thou-
12 sand twelve-b of this [chapter] article of either effective or highly
13 effective in his or her final year of service in such other school
14 district or board of cooperative educational services. Services of a
15 person so appointed to any such positions may be discontinued at any
16 time during such probationary period, upon the recommendation of the
17 district superintendent, by a majority vote of the board of cooperative
18 educational services.
19 (b) On or before the expiration of the probationary term of a person
20 appointed for such term on or after July first, two thousand fifteen,
21 the district superintendent of schools shall make a written report to
22 the board of cooperative educational services recommending for appoint-
23 ment on tenure persons who have been found competent, efficient and
24 satisfactory and, in the case of a classroom teacher or building princi-
25 pal, who have received composite annual professional performance review
26 ratings pursuant to section [three thousand twelve-c or section three
27 thousand twelve-d] three thousand twelve-b of this article, of either
28 effective or highly effective in at least [three] two of the [four]
29 three preceding years, exclusive of any breaks in service; provided
30 that, notwithstanding any other provision of this section to the contra-
31 ry, when a teacher or principal receives an effective or highly effec-
32 tive rating in each year of his or her probationary service except he or
33 she receives an ineffective rating in the final year of his or her
34 probationary period, such teacher shall not be eligible for tenure but
35 the board of education in its discretion, may extend the teacher's
36 probationary period for an additional year; provided, however that if
37 such teacher or principal successfully appealed such ineffective rating,
38 such teacher or principal shall immediately be eligible for tenure if
39 the rating resulting from the appeal established that such individual
40 has been effective or highly effective in at least [three] two of the
41 preceding [four] three years and was not ineffective in the final year.
42 At the expiration of the probationary period, the classroom teacher or
43 building principal shall remain in probationary status until the end of
44 the school year in which such teacher or principal has received such
45 ratings of effective or highly effective for at least [three] two of the
46 [four] three preceding school years, exclusive of any breaks in service,
47 during which time a board of cooperative educational services shall
48 consider whether to grant tenure for those classroom teachers or build-
49 ing principals who otherwise have been found competent, efficient and
50 satisfactory. Provided, however, that the board of cooperative educa-
51 tional services may grant tenure contingent upon a classroom teacher's
52 or building principal's receipt of a minimum rating in the final year of
53 the probationary period, pursuant to the requirements of this section,
54 and if such contingency is not met after all appeals have been
55 exhausted, the grant of tenure shall be void and unenforceable and the
56 teacher's or principal's probationary period may be extended in accord-
S. 9098 18
1 ance with this subdivision. Such persons shall hold their respective
2 positions during good behavior and competent and efficient service and
3 shall not be removed except for any of the following causes, after a
4 hearing, as provided by section three thousand twenty-a or section three
5 thousand twenty-b of this article: (i) Insubordination, immoral charac-
6 ter or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or
7 neglect of duty; (iii) Failure to maintain certification as required by
8 this chapter and by the regulations of the commissioner. Each person who
9 is not to be so recommended for appointment on tenure shall be so noti-
10 fied in writing by the district superintendent not later than sixty days
11 immediately preceding the expiration of his or her probationary period.
12 § 13. This act shall take effect immediately; provided, however, that:
13 (a) the amendments to subdivisions 9 and 9-a of section 2852 of the
14 education law made by sections four and four-a of this act shall take
15 effect upon the state university charter school institute, in consulta-
16 tion with the state education department, certifying that the cap of
17 four hundred sixty charters has been reached, when upon such date the
18 provisions of section four of this act shall be deemed repealed; and
19 (b) the state education department shall notify the legislative bill
20 drafting commission upon the occurrence of the enactment of the legis-
21 lation provided for in subdivision (a) of this section in order that the
22 commission may maintain an accurate and timely effective data base of
23 the official text of the laws of the state of New York in furtherance of
24 effectuating the provisions of section 44 of the legislative law and
25 section 70-b of the public officers law.