Amd 2-d, 2509, 2573, 3012, 3012-d, 3014 & 3020, add 3012-e, rpld 3020-b, Ed L
Relates to annual professional performance reviews of teachers and principals; establishes an optional system of annual professional performance review plans; repeals provisions relating to streamlined removal procedures for teachers rated ineffective.
STATE OF NEW YORK
________________________________________________________________________
6880
2023-2024 Regular Sessions
IN SENATE
May 12, 2023
___________
Introduced by Sen. MAYER -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to annual professional
performance reviews of teachers and principals; and to repeal section
3020-b of the education law relating to streamlined removal procedures
for teachers rated ineffective
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs a and b of subdivision 1 of section 2-d of the
2 education law, as added by section 1 of subpart L of part AA of chapter
3 56 of the laws of 2014, are amended to read as follows:
4 a. "Building principal" means a building principal subject to annual
5 performance evaluation review under the provisions of section three
6 thousand twelve-c, section three thousand twelve-d, or section three
7 thousand twelve-e of this chapter.
8 b. "Classroom teacher" means a teacher subject to annual performance
9 evaluation review under the provisions of section three thousand
10 twelve-c, section three thousand twelve-d, or section three thousand
11 twelve-e of this chapter.
12 § 2. Subparagraph ii of paragraph (a) of subdivision 1 and paragraph b
13 of subdivision 2 of section 2509 of the education law, as amended by
14 chapter 201 of the laws of 2022, are amended to read as follows:
15 ii. Notwithstanding any other provision of law or regulation to the
16 contrary, teachers and all other members of the teaching staff appointed
17 on or after July first, two thousand fifteen and authorized by section
18 twenty-five hundred three of this article, shall be appointed by the
19 board of education, upon the recommendation of the superintendent of
20 schools, for a probationary period of four years, except that in the
21 case of a teacher who has rendered satisfactory service as a regular
22 substitute for a period of up to two years [and, if a classroom teacher,
23 has received composite annual professional performance review ratings in
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11244-01-3
S. 6880 2
1 each of those years], or such teacher has rendered satisfactory service
2 as a seasonally licensed per session teacher of swimming in day schools
3 who has served in that capacity for a period of up to two years and has
4 been appointed to teach the same subject in day schools on an annual
5 salary, the teacher shall be appointed for a probationary period of a
6 minimum of two years, depending upon the length of the regular substi-
7 tute service that shall shorten the length of the probationary period;
8 provided, however, that in the case of a teacher who has been appointed
9 on tenure in another school district within the state, the school
10 district where currently employed, or a board of cooperative educational
11 services, and who was not dismissed from such district or board as a
12 result of charges brought pursuant to subdivision one of section three
13 thousand twenty-a [or section three thousand twenty-b] of this chapter,
14 the teacher shall be appointed for a probationary period of three
15 years[; provided that the teacher demonstrates that he or she received
16 an annual professional performance review rating pursuant to section
17 three thousand twelve-c or section three thousand twelve-d of this chap-
18 ter in his or her final year of service in such other school district or
19 board of cooperative educational services. Provided further, however,
20 that in the case of a teacher who has been appointed for a probationary
21 period during the two thousand twenty--two thousand twenty-one, the two
22 thousand twenty-one--two thousand twenty-two or the two thousand twen-
23 ty-two--two thousand twenty-three school year and who has been appointed
24 on tenure in another school district within the state, the school
25 district where currently employed, board of cooperative educational
26 services or state school for the blind or deaf and who was not dismissed
27 from such district, board or state school for the blind or deaf as a
28 result of charges brought pursuant to subdivision one of section three
29 thousand twenty-a or section three thousand twenty-b of this chapter,
30 such teacher shall be appointed for a probationary period of three
31 years; provided that, in the case of a classroom teacher, such teacher
32 demonstrates that he or she received an annual professional performance
33 review rating pursuant to section three thousand twelve-c or section
34 three thousand twelve-d of this chapter in the two thousand seventeen--
35 two thousand eighteen or two thousand eighteen--two thousand nineteen
36 school year in such other school district, board of cooperative educa-
37 tional services or state school for the blind or deaf]. The service of a
38 person appointed to any of such positions may be discontinued at any
39 time during such probationary period, on the recommendation of the
40 superintendent of schools, by a majority vote of the board of education.
41 Each person who is not to be recommended for appointment on tenure shall
42 be so notified by the superintendent of schools in writing not later
43 than sixty days immediately preceding the expiration of his/her proba-
44 tionary period.
45 b. For persons appointed on or after July first, two thousand fifteen,
46 at the expiration of the probationary term of any persons appointed for
47 such term, or within six months prior thereto, the superintendent of
48 schools shall make a written report to the board of education recommend-
49 ing for appointment on tenure those persons who have been found compe-
50 tent, efficient and satisfactory [and in the case of a classroom teacher
51 or building principal, who have received annual professional performance
52 review ratings pursuant to section three thousand twelve-c or section
53 three thousand twelve-d of this chapter, of either effective or highly
54 effective in at least three of the four preceding years, exclusive of
55 any breaks in service; provided that, in the case of a classroom teacher
56 or building principal appointed during the two thousand seventeen--two
S. 6880 3
1 thousand eighteen or the two thousand twenty--two thousand twenty-one
2 school year, who have received composite annual professional performance
3 review ratings pursuant to section three thousand twelve-c or section
4 three thousand twelve-d of this chapter, of either effective or highly
5 effective in at least one of the four preceding years, exclusive of any
6 breaks in service, and did not receive an ineffective rating in the
7 final year of his or her probationary period, or during the most recent
8 school year where a rating was received, and would have been in the
9 superintendent of schools' discretion qualified for appointment on
10 tenure based upon performance, notwithstanding that his or her annual
11 professional performance review had not been completed and he or she had
12 not received an annual professional performance rating for the two thou-
13 sand nineteen--two thousand twenty, two thousand twenty--two thousand
14 twenty-one or the two thousand twenty-one--two thousand twenty-two
15 school year; provided that, in the case of a classroom teacher or build-
16 ing principal appointed during the two thousand eighteen--two thousand
17 nineteen or two thousand nineteen--two thousand twenty school year, who
18 has not received composite annual professional performance review
19 ratings pursuant to section three thousand twelve-c or section three
20 thousand twelve-d of this chapter, for three consecutive years, no
21 ratings shall be required for the superintendent of schools to recommend
22 for appointment on tenure such teacher or building principal if the
23 teacher or principal would have been, in the superintendent of schools'
24 discretion, qualified for appointment on tenure based upon performance,
25 notwithstanding that his or her annual professional performance review
26 had not been completed and he or she had not received an annual profes-
27 sional performance review rating for the two thousand nineteen--two
28 thousand twenty, two thousand twenty--two thousand twenty-one and two
29 thousand twenty-one--two thousand twenty-two school years; provided that
30 in the case of a classroom teacher or building principal appointed
31 during the two thousand twenty-one--two thousand twenty-two school year
32 who have received composite annual professional performance review
33 ratings pursuant to section three thousand twelve-c or section three
34 thousand twelve-d of this chapter of either effective or highly effec-
35 tive in at least two of the four preceding years, exclusive of any
36 breaks in service, and did not receive an ineffective rating in the
37 final year of his or her probationary period, or during the most recent
38 school year where a rating was received, and would have been in the
39 superintendent of schools' discretion qualified for appointment on
40 tenure based upon performance, notwithstanding that his or her annual
41 professional performance review had not been completed and he or she had
42 not received an annual professional performance rating for the two thou-
43 sand twenty--two thousand twenty-one or two thousand twenty-one--two
44 thousand twenty-two school year; provided further that, notwithstanding
45 any other provision of this section to the contrary, when a teacher or
46 principal receives an effective or highly effective rating in each year
47 of his or her probationary service except he or she receives an ineffec-
48 tive rating in the final year of his or her probationary period, such
49 teacher or principal shall not be eligible for tenure but the board of
50 education in its discretion, may extend the teacher's probationary peri-
51 od for an additional year; provided, however, that if such teacher or
52 principal successfully appealed such ineffective rating, such teacher or
53 principal shall immediately be eligible for tenure if the rating result-
54 ing from the appeal established that such individual has been effective
55 or highly effective in at least three of the preceding four years and
56 was not ineffective in the final year. By a majority vote, the board of
S. 6880 4
1 education may then appoint on tenure any or all of the persons recom-
2 mended by the superintendent of schools. At the expiration of the proba-
3 tionary period, the classroom teacher or building principal shall remain
4 in probationary status until the end of the school year in which such
5 teacher or principal has received such ratings of effective or highly
6 effective for at least three of the four preceding school years exclu-
7 sive of any breaks in service and subject to the terms hereof, during
8 which time a board of education shall consider whether to grant tenure
9 for those classroom teachers or building principals who otherwise have
10 been found competent, efficient and satisfactory. Provided, however,
11 that the board of education may grant tenure contingent upon a classroom
12 teacher's or building principal's receipt of a minimum rating in the
13 final year of the probationary period, pursuant to the requirements of
14 this section, and if such contingency is not met after all appeals have
15 been exhausted, the grant of tenure shall be void and unenforceable and
16 the teacher's or principal's probationary period may be extended in
17 accordance with this subdivision. Such persons who have been recommended
18 for tenure and all others employed in the teaching service of the
19 schools of such school district who have served the full probationary
20 period as extended pursuant to this subdivision shall hold their respec-
21 tive positions during good behavior and efficient and competent service,
22 and shall not be removable except for cause after a hearing as provided
23 by section three thousand twenty-a or section three thousand twenty-b of
24 this chapter]. Failure to maintain certification as required by this
25 chapter and the regulations of the commissioner shall constitute cause
26 for removal.
27 § 3. Subparagraphs i and ii of paragraph (a) of subdivision 1 of
28 section 2573 of the education law, subparagraph i as amended by section
29 3 of subpart D of part EE of chapter 56 of the laws of 2015, and subpar-
30 agraph ii as amended by chapter 201 of the laws of 2022, are amended to
31 read as follows:
32 i. Teachers and all other members of the teaching staff, appointed
33 prior to July first, two thousand fifteen and authorized by section
34 twenty-five hundred fifty-four of this article, shall be appointed by
35 the board of education, upon the recommendation of the superintendent of
36 schools, for a probationary period of three years, except that in the
37 case of a teacher who has rendered satisfactory service as a regular
38 substitute for a period of two years or as a seasonally licensed per
39 session teacher of swimming in day schools who has served in that capac-
40 ity for a period of two years and has been appointed to teach the same
41 subject in day schools on an annual salary, the probationary period
42 shall be limited to one year; provided, however, that in the case of a
43 teacher who has been appointed on tenure in another school district
44 within the state, the school district where currently employed, or a
45 board of cooperative educational services, and who was not dismissed
46 from such district or board 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 not
49 exceed two years; provided, however, that in cities with a population of
50 one million or more, a teacher appointed under a newly created license,
51 for teachers of reading and of the emotionally handicapped, to a posi-
52 tion which the teacher has held for at least two years prior to such
53 appointment while serving on tenure in another license area who was not
54 dismissed as a result of charges brought pursuant to subdivision one of
55 section three thousand twenty-a [or section three thousand twenty-b] of
56 this chapter, the probationary period shall be one year. The service of
S. 6880 5
1 a person appointed to any of such positions may be discontinued at any
2 time during such probationary period, on the recommendation of the
3 superintendent of schools, by a majority vote of the board of education.
4 Each person who is not to be recommended for appointment on tenure shall
5 be so notified by the superintendent of schools in writing not later
6 than sixty days immediately preceding the expiration of his or her
7 probationary period. In city school districts having a population of
8 four hundred thousand or more, persons with licenses obtained as a
9 result of examinations announced subsequent to the twenty-second day of
10 May, nineteen hundred sixty-nine appointed upon conditions that all
11 announced requirements for the position be fulfilled within a specified
12 period of time, shall not acquire tenure unless and until such require-
13 ments have been completed within the time specified for the fulfillment
14 of such requirements, notwithstanding the expiration of any probationary
15 period. In all other city school districts subject to the provisions of
16 this article, failure to maintain certification as required by this
17 article and by the regulations of the commissioner shall be cause for
18 removal within the meaning of subdivision five of this section.
19 ii. Teachers and all other members of the teaching staff appointed on
20 or after July first, two thousand fifteen and authorized by section
21 twenty-five hundred fifty-four of this article, shall be appointed by
22 the board of education, upon the recommendation of the superintendent of
23 schools, for a probationary period of four years, except that in the
24 case of a teacher who has rendered satisfactory service as a regular
25 substitute for a period of up to two years [and, if a classroom teacher,
26 has received annual professional performance review ratings in each of
27 those years], or such teacher has rendered satisfactory service as a
28 seasonally licensed per session teacher of swimming in day schools who
29 has served in that capacity for a period of up to two years and has been
30 appointed to teach the same subject in day schools on an annual salary,
31 the teacher shall be appointed for a probationary period of a minimum of
32 two years, depending upon the length of the regular substitute service
33 that shall shorten the length of the probationary period; provided,
34 however, that in the case of a teacher who has been appointed on tenure
35 in another school district within the state, the school district where
36 currently employed, or a board of cooperative educational services, and
37 who was not dismissed from such district or board as a result of charges
38 brought pursuant to subdivision one of section three thousand twenty-a
39 [or section three thousand twenty-b] of this chapter, the teacher shall
40 be appointed for a probationary period of three years[; provided that,
41 in the case of a classroom teacher, the teacher demonstrates that he or
42 she received an annual professional performance review rating pursuant
43 to section three thousand twelve-c or section three thousand twelve-d of
44 this chapter in his or her final year of service in such other school
45 district or board of cooperative educational services; provided, howev-
46 er, that, in the case of a classroom teacher who has been appointed for
47 a probationary period during the two thousand twenty--two thousand twen-
48 ty-one, the two thousand twenty-one--two thousand twenty-two or the two
49 thousand twenty-two--two thousand twenty-three school year and who has
50 been appointed on tenure in another school district within the state,
51 the school district where currently employed, board of cooperative
52 educational services or state school for the blind or deaf, and who was
53 not dismissed from such district, board or state school for the blind or
54 deaf as a result of charges brought pursuant to section three thousand
55 twenty-a or section three thousand twenty-b of this chapter, such teach-
56 er shall be appointed for a probationary period of three years; provided
S. 6880 6
1 that, in the case of a classroom teacher, such teacher demonstrates that
2 he or she received an annual professional performance review rating
3 pursuant to section three thousand twelve-c or section three thousand
4 twelve-d of this chapter in the two thousand seventeen--two thousand
5 eighteen or two thousand eighteen--two thousand nineteen school year in
6 such other school district, board of cooperative educational services or
7 state school for the blind or deaf]; provided further, however, that in
8 cities with a population of one million or more, a teacher appointed
9 under a newly created license, for teachers of reading and of the
10 emotionally handicapped, to a position which the teacher has held for at
11 least two years prior to such appointment while serving on tenure in
12 another license area who was not dismissed as a result of charges
13 brought pursuant to subdivision one of section three thousand twenty-a
14 [or section three thousand twenty-b] of this chapter, the teacher shall
15 be appointed for a probationary period of two years. The service of a
16 person appointed to any of such positions may be discontinued at any
17 time during such probationary period, on the recommendation of the
18 superintendent of schools, by a majority vote of the board of education.
19 Each person who is not to be recommended for appointment on tenure shall
20 be so notified by the superintendent of schools in writing not later
21 than sixty days immediately preceding the expiration of his or her
22 probationary period. In all city school districts subject to the
23 provisions of this article, failure to maintain certification as
24 required by this article and by the regulations of the commissioner
25 shall be cause for removal within the meaning of subdivision five of
26 this section.
27 § 4. Subdivisions 5 and 6 of section 2573 of the education law, as
28 amended by section 3 of subpart D of part EE of chapter 56 of the laws
29 of 2015, paragraph (b) of subdivision 5 and paragraph (b) of subdivision
30 6 as amended by chapter 201 of the laws of 2022, are amended to read as
31 follows:
32 5. (a) At the expiration of the probationary term of any persons
33 appointed for such term prior to July first, two thousand fifteen, the
34 superintendent of schools shall make a written report to the board of
35 education recommending for permanent appointment those persons who have
36 been found competent, efficient and satisfactory. Such persons and all
37 others employed in the teaching, service of the schools of a city, who
38 have served the full probationary period, shall hold their respective
39 positions during good behavior and efficient and competent service, and
40 shall not be removable except for cause after a hearing as provided by
41 section three thousand twenty-a [or section three thousand twenty-b] of
42 this chapter.
43 (b) At the expiration of the probationary term of any persons
44 appointed for such term on or after July first, two thousand fifteen,
45 the superintendent of schools shall make a written report to the board
46 of education recommending for permanent appointment those persons who
47 have been found competent, efficient and satisfactory [and, in the case
48 of a classroom teacher or building principal, who have received compos-
49 ite annual professional performance review ratings pursuant to section
50 three thousand twelve-c or section three thousand twelve-d of this chap-
51 ter, of either effective or highly effective in at least three of the
52 four preceding years, exclusive of any breaks in service; provided that,
53 in the case of a classroom teacher or building principal appointed
54 during the two thousand seventeen--two thousand eighteen or two thousand
55 twenty--two thousand twenty-one school year, who have received composite
56 annual professional performance review ratings pursuant to section three
S. 6880 7
1 thousand twelve-c or section three thousand twelve-d of this chapter of
2 either effective or highly effective in at least one of the four preced-
3 ing years, exclusive of any breaks in service, and did not receive an
4 ineffective rating in the final year of his or her probationary period
5 or during the most recent school year where a rating was received, and
6 would have been in the superintendent of schools' discretion qualified
7 for appointment on tenure based upon performance, notwithstanding that
8 his or her annual professional performance review had not been completed
9 and he or she had not received an annual professional performance rating
10 for the two thousand nineteen--two thousand twenty, two thousand twen-
11 ty--two thousand twenty-one or the two thousand twenty-one--two thousand
12 twenty-two school year; provided that, in the case of a classroom teach-
13 er or building principal appointed during the two thousand eighteen--two
14 thousand nineteen or two thousand nineteen--two thousand twenty school
15 year, who has not received composite annual professional performance
16 review ratings pursuant to section three thousand twelve-c or section
17 three thousand twelve-d of this chapter for three consecutive years, no
18 ratings shall be required for the superintendent of schools to recommend
19 for appointment on tenure such teacher or building principal if the
20 teacher or principal would have been, in the superintendent of schools'
21 discretion, qualified for appointment on tenure based upon performance,
22 notwithstanding that his or her annual professional performance review
23 had not been completed and he or she had not received an annual profes-
24 sional performance review rating for the two thousand nineteen--two
25 thousand twenty, two thousand twenty--two thousand twenty-one and two
26 thousand twenty-one--two thousand twenty-two school years; provided that
27 in the case of a classroom teacher or building principal appointed
28 during the two thousand twenty-one--two thousand twenty-two school year
29 who have received composite annual professional performance review
30 ratings pursuant to section three thousand twelve-c or section three
31 thousand twelve-d of this chapter of either effective or highly effec-
32 tive in at least two of the four preceding years, exclusive of any
33 breaks in service, and did not receive an ineffective rating in the
34 final year of his or her probationary period or during the most recent
35 school year where a rating was received, and would have been in the
36 superintendent of schools' discretion qualified for appointment on
37 tenure based upon performance, notwithstanding that his or her annual
38 professional performance review had not been completed and he or she had
39 not received an annual professional performance rating for the two thou-
40 sand twenty--two thousand twenty-one or two thousand twenty-one--two
41 thousand twenty-two school year; provided further that, notwithstanding
42 any other provision of this section to the contrary, when a teacher or
43 principal receives an effective and/or highly effective rating in each
44 year of his or her probationary service except he or she receives an
45 ineffective rating in the final year of his or her probationary period,
46 such teacher or principal shall not be eligible for tenure but the board
47 of education in its discretion, may extend the teacher's probationary
48 period for an additional year; provided, however, that if such teacher
49 or principal successfully appealed such ineffective rating, such teacher
50 or principal shall immediately be eligible for tenure if the rating
51 resulting from the appeal established that such individual has been
52 effective or highly effective in at least three of the preceding four
53 years. At the expiration of the probationary period, the classroom
54 teacher or building principal shall remain in probationary status until
55 the end of the school year in which such teacher or principal has
56 received such ratings of effective or highly effective for at least
S. 6880 8
1 three of the four preceding school years, exclusive of any breaks in
2 service and subject to the terms hereof, during which time a board of
3 education shall consider whether to grant tenure for those classroom
4 teachers or building principals who otherwise have been found competent,
5 efficient and satisfactory. Provided, however, that the board of educa-
6 tion may grant tenure contingent upon a classroom teacher's or building
7 principal's receipt of a minimum rating in the final year of the proba-
8 tionary period, pursuant to the requirements of this section, and if
9 such contingency is not met after all appeals have been exhausted, the
10 grant of tenure shall be void and unenforceable and the teacher's or
11 principal's probationary period may be extended in accordance with this
12 subdivision]. Such persons who have been recommended for tenure and all
13 others employed in the teaching service of the schools of such school
14 district who have served the full probationary period as extended pursu-
15 ant to this subdivision shall hold their respective positions during
16 good behavior and efficient and competent service, and shall not be
17 removable except for cause after a hearing as provided by section three
18 thousand twenty-a [or section three thousand twenty-b] of this chapter.
19 Failure to maintain certification as required by this chapter and the
20 regulations of the commissioner shall constitute cause for removal.
21 6. (a) In a city having a population of four hundred thousand or more,
22 at the expiration of the probationary term of any persons appointed for
23 such term prior to July first, two thousand fifteen, the superintendent
24 of schools shall make a written report to the board of education recom-
25 mending for permanent appointment those persons who have been found
26 satisfactory, and such board of education shall immediately thereafter
27 issue to such persons permanent certificates of appointment. Such
28 persons and all others employed in the teaching service of the schools
29 of such city, who have served the full probationary period shall receive
30 permanent certificates to teach issued to them by the certificating
31 authority, except as otherwise provided in subdivision ten-a of this
32 section, and shall hold their respective positions during good behavior
33 and satisfactory teaching service, and shall not be removable except for
34 cause after a hearing as provided by section three thousand twenty-a [or
35 section three thousand twenty-b] of this chapter.
36 (b) At the expiration of the probationary term of any persons
37 appointed for such term on or after July first, two thousand fifteen,
38 the superintendent of schools shall make a written report to the board
39 of education recommending for permanent appointment those persons who
40 have been found competent, efficient and satisfactory [and, in the case
41 of a classroom teacher or building principal, who have received compos-
42 ite annual professional performance review ratings pursuant to section
43 three thousand twelve-c or section three thousand twelve-d of this chap-
44 ter, of either effective or highly effective in at least three of the
45 four preceding years, exclusive of any breaks in service; provided that,
46 in the case of a classroom teacher or building principal appointed
47 during the two thousand seventeen--two thousand eighteen or two thousand
48 twenty--two thousand twenty-one school year, who have received composite
49 annual professional performance review ratings pursuant to section three
50 thousand twelve-c or section three thousand twelve-d of this chapter of
51 either effective or highly effective in at least one of the four preced-
52 ing years, exclusive of any breaks in service, and did not receive an
53 ineffective rating in the final year of his or her probationary period
54 or during the most recent school year where a rating was received, and
55 would have been in the superintendent of schools' discretion qualified
56 for appointment on tenure based upon performance, notwithstanding that
S. 6880 9
1 his or her annual professional performance review had not been completed
2 and he or she had not received an annual professional performance rating
3 for the two thousand nineteen--two thousand twenty, two thousand twen-
4 ty--two thousand twenty-one or the two thousand twenty-one--two thousand
5 twenty-two school year; provided that, in the case of a classroom teach-
6 er or building principal appointed during the two thousand eighteen--two
7 thousand nineteen or two thousand nineteen--two thousand twenty school
8 year, who has not received composite annual professional performance
9 review ratings pursuant to section three thousand twelve-c or section
10 three thousand twelve-d of this chapter for three consecutive years, no
11 ratings shall be required for the superintendent of schools to recommend
12 for appointment on tenure such teacher or building principal if the
13 teacher or principal would have been, in the superintendent of schools'
14 discretion, qualified for appointment on tenure based upon performance,
15 notwithstanding that his or her annual professional performance review
16 had not been completed and he or she had not received a composite annual
17 professional performance review rating for the two thousand nineteen--
18 two thousand twenty, two thousand twenty--two thousand twenty-one and
19 two thousand twenty-one--two thousand twenty-two school years; provided
20 that in the case of a classroom teacher or building principal appointed
21 during the two thousand twenty-one--two thousand twenty-two school year
22 who have received composite annual professional performance review
23 ratings pursuant to section three thousand twelve-c or section three
24 thousand twelve-d of this chapter of either effective or highly effec-
25 tive in at least two of the four preceding years, exclusive of any
26 breaks in service, and did not receive an ineffective rating in the
27 final year of his or her probationary period or during the most recent
28 school year where a rating was received, and would have been in the
29 superintendent of schools' discretion qualified for appointment on
30 tenure based upon performance, notwithstanding that his or her annual
31 professional performance review had not been completed and he or she had
32 not received an annual professional performance rating for the two thou-
33 sand twenty--two thousand twenty-one or two thousand twenty-one--two
34 thousand twenty-two school year; provided further that, notwithstanding
35 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
S. 6880 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 respec-
9 tive positions during good behavior and efficient and competent service,
10 and shall not be removable except for cause after a hearing as provided
11 by section three thousand twenty-a [or section three thousand twenty-b]
12 of this chapter. Failure to maintain certification as required by this
13 chapter and the regulations of the commissioner shall constitute cause
14 for removal.
15 § 5. Section 3012 of the education law, as amended by section 4 of
16 subpart D of part EE of chapter 56 of the laws of 2015, subparagraph ii
17 of paragraph (a) of subdivision 1 and paragraph (b) of subdivision 2 as
18 amended by chapter 201 of the laws of 2022, and subparagraph ii of para-
19 graph (b) of subdivision 1 as amended by chapter 345 of the laws of
20 2019, is amended to read as follows:
21 § 3012. Tenure: certain school districts. 1. (a) i. Teachers and all
22 other members of the teaching staff of school districts, including
23 common school districts and/or school districts employing fewer than
24 eight teachers, other than city school districts, who are appointed
25 prior to July first, two thousand fifteen, shall be appointed by the
26 board of education, or the trustees of common school districts, upon the
27 recommendation of the superintendent of schools, for a probationary
28 period of three years, except that in the case of a teacher who has
29 rendered satisfactory service as a regular substitute for a period of
30 two years or as a seasonally licensed per session teacher of swimming in
31 day schools who has served in that capacity for a period of two years
32 and has been appointed to teach the same subject in day schools, on an
33 annual salary, the probationary period shall be limited to one year;
34 provided, however, that in the case of a teacher who has been appointed
35 on tenure in another school district within the state, the school
36 district where currently employed, or a board of cooperative educational
37 services, and who was not dismissed from such district or board as a
38 result of charges brought pursuant to subdivision one of section three
39 thousand twenty-a [or section three thousand twenty-b] of this article,
40 the probationary period shall not exceed two years. The service of a
41 person appointed to any of such positions may be discontinued at any
42 time during such probationary period, on the recommendation of the
43 superintendent of schools, by a majority vote of the board of education
44 or the trustees of a common school district.
45 ii. Teachers and all other members of the teaching staff of school
46 districts, including common school districts and/or school districts
47 employing fewer than eight teachers, other than city school districts,
48 who are appointed on or after July first, two thousand fifteen, shall be
49 appointed by the board of education, or the trustees of common school
50 districts, upon the recommendation of the superintendent of schools, for
51 a probationary period of four years, except that in the case of a teach-
52 er who has rendered satisfactory service as a regular substitute for a
53 period of up to two years [and, if a classroom teacher, has received
54 annual professional performance review ratings in each of those years,]
55 or such teacher has rendered satisfactory service as a seasonally
56 licensed per session teacher of swimming in day schools who has served
S. 6880 11
1 in that capacity for a period of up to two years and has been appointed
2 to teach the same subject in day schools, on an annual salary, the
3 teacher shall be appointed for a probationary period of a minimum of two
4 years, depending upon the length of the regular substitute service that
5 shall shorten the length of the probationary period; provided, however,
6 that in the case of a teacher who has been appointed on tenure in anoth-
7 er school district within the state, the school district where currently
8 employed, or a board of cooperative educational services, and who was
9 not dismissed from such district or board as a result of charges brought
10 pursuant to subdivision one of section three thousand twenty-a [or
11 section three thousand twenty-b] of this article, the teacher shall be
12 appointed for a probationary period of three years[; provided that, in
13 the case of a classroom teacher, the teacher demonstrates that he or she
14 received an annual professional performance review rating pursuant to
15 section three thousand twelve-c or section three thousand twelve-d of
16 this chapter in his or her final year of service in such other school
17 district or board of cooperative educational services. Provided further,
18 however, that in the case of a teacher who has been appointed for a
19 probationary period during the two thousand twenty--two thousand twen-
20 ty-one, the two thousand twenty one--two thousand twenty-two or the two
21 thousand twenty-two--two thousand twenty-three school year and who has
22 been appointed on tenure in another school district within the state,
23 the school district where currently employed, board of cooperative
24 educational services or state school for the blind or deaf and who was
25 not dismissed from such district, board or state school for the blind or
26 deaf as a result of charges brought pursuant to subdivision one of
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 three years; provided that, in the case of a classroom teacher, such
30 teacher demonstrates that he or she received an annual professional
31 performance review rating pursuant to section three thousand twelve-c or
32 section three thousand twelve-d of this article in the two thousand
33 seventeen--two thousand eighteen or two thousand eighteen--two thousand
34 nineteen school year in such other school district, board of cooperative
35 educational services or state school for the blind or deaf]. The service
36 of a person appointed to any of such positions may be discontinued at
37 any time during such probationary period, on the recommendation of the
38 superintendent of schools, by a majority vote of the board of education
39 or the trustees of a common school district.
40 (b) i. Principals, administrators, supervisors and all other members
41 of the supervising staff of school districts, including common school
42 districts and/or school districts employing fewer than eight teachers,
43 other than city school districts, who are appointed prior to July first,
44 two thousand fifteen, shall be appointed by the board of education, or
45 the trustees of a common school district, upon the recommendation of the
46 superintendent of schools for a probationary period of three years. The
47 service of a person appointed to any of such positions may be discontin-
48 ued at any time during the probationary period on the recommendation of
49 the superintendent of schools, by a majority vote of the board of educa-
50 tion or the trustees of a common school district.
51 ii. Principals, administrators, supervisors and all other members of
52 the supervising staff of school districts, including common school
53 districts and/or school districts employing fewer than eight teachers,
54 other than city school districts, who are appointed on or after July
55 first, two thousand fifteen, shall be appointed by the board of educa-
56 tion, or the trustees of a common school district, upon the recommenda-
S. 6880 12
1 tion of the superintendent of schools for a probationary period of four
2 years; provided, however, that in the case of a principal, administra-
3 tor, supervisor, or other member of the supervising staff who has been
4 appointed on tenure pursuant to this chapter as an administrator within
5 an authorized administrative tenure area in another school district
6 within the state, the school district where currently employed, or a
7 board of cooperative educational services, and who was not dismissed
8 from such district or board as a result of charges brought pursuant to
9 subdivision one of section three thousand twenty-a [or section three
10 thousand twenty-b] of this article, the principal, administrator, super-
11 visor or other member of the supervising staff shall be appointed for a
12 probationary period of three years. The service of a person appointed to
13 any of such positions may be discontinued at any time during the proba-
14 tionary period on the recommendation of the superintendent of schools,
15 by a majority vote of the board of education or the trustees of a common
16 school district.
17 (c) Any person previously appointed to tenure or a probationary period
18 pursuant to the provisions of former section three thousand thirteen of
19 this article shall continue to hold such position and be governed by the
20 provisions of this section notwithstanding any contrary provision of
21 law.
22 2. (a) At the expiration of the probationary term of a person
23 appointed for such term prior to July first, two thousand fifteen,
24 subject to the conditions of this section, the superintendent of schools
25 shall make a written report to the board of education or the trustees of
26 a common school district recommending for appointment on tenure those
27 persons who have been found competent, efficient and satisfactory. Such
28 persons, and all others employed in the teaching service of the schools
29 of such union free school district, common school district and/or school
30 district employing fewer than eight teachers, who have served the proba-
31 tionary period as provided in this section, shall hold their respective
32 positions during good behavior and efficient and competent service, and
33 shall not be removed except for any of the following causes, after a
34 hearing, as provided by section three thousand twenty-a [or section
35 three thousand twenty-b] of this article: [(a)] (i) insubordination,
36 immoral character or conduct unbecoming a teacher; [(b)] (ii) ineffi-
37 ciency, incompetency, physical or mental disability, or neglect of duty;
38 [(c)] (iii) failure to maintain certification as required by this chap-
39 ter and by the regulations of the commissioner. Each person who is not
40 to be recommended for appointment on tenure, shall be so notified by the
41 superintendent of schools in writing not later than sixty days imme-
42 diately preceding the expiration of his probationary period.
43 (b) At the expiration of the probationary term of a person appointed
44 for such term on or after July first, two thousand fifteen, subject to
45 the conditions of this section, the superintendent of schools shall make
46 a written report to the board of education or the trustees of a common
47 school district recommending for appointment on tenure those persons who
48 have been found competent, efficient and satisfactory [and, in the case
49 of a classroom teacher or building principal, who have received compos-
50 ite annual professional performance review ratings pursuant to section
51 three thousand twelve-c or section three thousand twelve-d of this arti-
52 cle, of either effective or highly effective in at least three of the
53 four preceding years, exclusive of any breaks in service; provided that
54 in the case of a classroom teacher or building principal appointed
55 during the two thousand seventeen--two thousand eighteen or two thousand
56 twenty--two thousand twenty-one school year, who have received composite
S. 6880 13
1 annual professional performance review ratings pursuant to section three
2 thousand twelve-c or section three thousand twelve-d of this article, of
3 either effective or highly effective in at least one of the four preced-
4 ing years, exclusive of any breaks in service, and did not receive an
5 ineffective rating in the final year of his or her probationary period,
6 or during the most recent school year where a rating was received, and
7 would have been in the superintendent of schools' discretion qualified
8 for appointment on tenure based upon performance, notwithstanding that
9 his or her annual professional performance review had not been completed
10 and he or she had not received an annual professional performance rating
11 for the two thousand nineteen--two thousand twenty, two thousand twen-
12 ty--two thousand twenty-one or the two thousand twenty-one--two thousand
13 twenty-two school year; provided that, in the case of a classroom teach-
14 er or building principal appointed during the two thousand eighteen--two
15 thousand nineteen or two thousand nineteen--two thousand twenty school
16 year, who has not received composite annual professional performance
17 review ratings pursuant to section three thousand twelve-c or section
18 three thousand twelve-d of this article for three consecutive years, no
19 ratings shall be required for the superintendent of schools to recommend
20 for appointment on tenure such teacher or building principal if the
21 teacher or principal would have been, in the superintendent of schools'
22 discretion, qualified for appointment on tenure based upon performance,
23 notwithstanding that his or her annual professional performance review
24 had not been completed and he or she had not received an annual profes-
25 sional performance review rating for the two thousand nineteen--two
26 thousand twenty, two thousand twenty--two thousand twenty-one and two
27 thousand twenty-one--two thousand twenty-two school years; provided that
28 in the case of a classroom teacher or building principal appointed
29 during the two thousand twenty-one--two thousand twenty-two school year
30 who have received composite annual professional performance review
31 ratings pursuant to section three thousand twelve-c or section three
32 thousand twelve-d of this article of either effective or highly effec-
33 tive in at least two of the four preceding years, exclusive of any
34 breaks in service, and did not receive an ineffective rating in the
35 final year of his or her probationary period, or during the most recent
36 school year where a rating was received, and would have been in the
37 superintendent of schools' discretion qualified for appointment on
38 tenure based upon performance, notwithstanding that his or her annual
39 professional performance review had not been completed and he or she had
40 not received an annual professional performance rating for the two thou-
41 sand twenty--two thousand twenty-one or two thousand twenty-one--two
42 thousand twenty-two school year; provided further that, notwithstanding
43 any other provision of this section to the contrary, when a teacher or
44 principal receives an effective or highly effective rating in each year
45 of his or her probationary service except he or she receives an ineffec-
46 tive rating in the final year of his or her probationary period, such
47 teacher shall not be eligible for tenure but the board of education, in
48 its discretion, may extend the teacher's probationary period for an
49 additional year; provided, however, that if such teacher or principal
50 successfully appealed such ineffective rating, such teacher or principal
51 shall immediately be eligible for tenure if the rating resulting from
52 the appeal established that such individual has been effective or highly
53 effective in at least three of the preceding four years and was not
54 ineffective in the final year. At the expiration of the probationary
55 period, the classroom teacher or building principal shall remain in
56 probationary status until the end of the school year in which such
S. 6880 14
1 teacher or principal has received such ratings of effective or highly
2 effective for at least three of the four preceding school years, exclu-
3 sive of any breaks in service, and subject to the terms hereof, during
4 which time the trustees or board of education shall consider whether to
5 grant tenure for those classroom teachers or building principals who
6 otherwise have been found competent, efficient and satisfactory.
7 Provided, however, that the trustees or board of education may grant
8 tenure contingent upon a classroom teacher's or building principal's
9 receipt of a minimum rating in the final year of the probationary peri-
10 od, pursuant to the requirements of this section, and if such contingen-
11 cy is not met after all appeals have been exhausted, the grant of tenure
12 shall be void and unenforceable and the teacher's or principal's proba-
13 tionary period may be extended in accordance with this subdivision].
14 Such persons who have been recommended for tenure and all others
15 employed in the teaching service of the schools of such school district
16 who have served the full probationary period as extended pursuant to
17 this subdivision shall hold their respective positions during good
18 behavior and efficient and competent service, and shall not be removable
19 except for cause after a hearing as provided by section three thousand
20 twenty-a [or section three thousand twenty-b] of this article. Failure
21 to maintain certification as required by this chapter and the regu-
22 lations of the commissioner shall constitute cause for removal.
23 3. Notwithstanding any other provision of this section no period in
24 any school year for which there is no required service and/or for which
25 no compensation is provided shall in any event constitute a break or
26 suspension of probationary period or continuity of tenure rights of any
27 of the persons hereinabove described.
28 § 6. Subdivisions 1, 11, and 17 of section 3012-d of the education
29 law, subdivisions 1 and 11 as added by section 2 of subpart E of part EE
30 of chapter 56 of the laws of 2015, and subdivision 17 as amended by
31 chapter 201 of the laws of 2022, are amended to read as follows:
32 1. General provisions. Notwithstanding any other provision of law,
33 rule or regulation to the contrary, the annual teacher and principal
34 evaluations (hereinafter, evaluations) implemented by districts shall be
35 conducted in accordance with the provisions of this section. Such annual
36 evaluations shall be a significant factor for employment decisions
37 including but not limited to, promotion, retention, tenure determi-
38 nation, termination, and supplemental compensation. Such evaluations
39 shall also be a significant factor in teacher and principal development
40 including but not limited to coaching, induction support, and differen-
41 tiated professional development; provided, however, that for the two
42 thousand twenty-three--two thousand twenty-four school year and there-
43 after school districts and boards of cooperative educational services
44 may conduct annual professional performance reviews pursuant to section
45 three thousand twelve-e of this article and in such case the provisions
46 of this section shall not be applicable.
47 11. [Notwithstanding any inconsistent provision of law, no school
48 district shall be eligible for an apportionment of general support for
49 public schools from the funds appropriated for the 2015--2016 school
50 year and any year thereafter in excess of the amount apportioned to such
51 school district in the respective base year unless such school district
52 has submitted documentation that has been approved by the commissioner
53 by November fifteenth, two thousand fifteen, or by September first of
54 each subsequent year, demonstrating that it has fully implemented the
55 standards and procedures for conducting annual teacher and principal
56 evaluations of teachers and principals in accordance with the require-
S. 6880 15
1 ments of this section and the regulations issued by the commissioner.
2 Provided further that any apportionment withheld pursuant to this
3 section shall not occur prior to April first of the current year and
4 shall not have any effect on the base year calculation for use in the
5 subsequent school year. For purposes of this section, "base year" shall
6 mean the base year as defined in paragraph b of subdivision one of
7 section thirty-six hundred two of this chapter, and "current year" shall
8 mean the current year as defined in paragraph a of subdivision one of
9 section thirty-six hundred two of this chapter] The superintendent of
10 each school district or board of cooperative educational services, as
11 applicable, shall certify by September first of each year that their
12 school district or board of cooperative educational services has annual
13 professional performance review plans for teachers and principals which
14 are in compliance with the requirements of this section or with those of
15 section three thousand twelve-e of this article and that the district or
16 board of cooperative educational services conducted evaluations in
17 accordance with those plans during the preceding school year.
18 17. Notwithstanding any other provision of this section, for the two
19 thousand twenty--two thousand twenty-one [and], the two thousand twen-
20 ty-one--two thousand twenty-two, and the two thousand twenty-two--two
21 thousand twenty-three school years, no school district or board of coop-
22 erative educational services shall be required to complete an annual
23 teacher and principal evaluation required by this section for any class-
24 room teacher or building principal [and state funding shall not be with-
25 held from any school district for not complying with the requirements of
26 this section].
27 § 7. The education law is amended by adding a new section 3012-e to
28 read as follows:
29 § 3012-e. Optional system of annual professional performance review
30 plans. 1. Notwithstanding any other provision of law, rule, or regu-
31 lation to the contrary, for the annual professional performance reviews
32 related to the two thousand twenty-three--two thousand twenty-four
33 school year and thereafter any school district or board of cooperative
34 educational services may conduct the annual professional performance
35 review of teachers and building principals employed by such school
36 district or board of cooperative educational services in accordance with
37 the provisions of this section. Performance review plans developed
38 pursuant to this section shall be the result of reaching a collectively
39 bargained agreement negotiated and approved pursuant to article fourteen
40 of the civil service law where a recognized employee organization
41 exists.
42 2. Nothing herein shall require modification of an existing approved
43 annual professional performance review plan and all annual professional
44 performance plans approved pursuant to the provisions of section three
45 thousand twelve-d of this article shall not be affected by the
46 provisions herein unless a school district or board of cooperative
47 educational services notifies the state education department that a new
48 plan has been negotiated, adopted, and is consistent with the provisions
49 of this section. A plan may still be adopted pursuant to section three
50 thousand twelve-d of this article consistent with the provisions of such
51 section, and an existing plan adopted pursuant to such section may still
52 be modified. The most recently collectively bargained plan developed
53 pursuant to this section or approved pursuant to section three thousand
54 twelve-d of this article shall remain in effect until the district noti-
55 fies the state education department that a new plan has been negotiated
56 and adopted.
S. 6880 16
1 3. A district or board of cooperative educational services shall make
2 any plan adopted pursuant to this section available on the district or
3 board of cooperative educational services website; provided, however,
4 that a school district or board of cooperative educational services
5 shall not disclose or release to the public, or to any governmental
6 entity, the quality ratings or effectiveness scores for any teacher or
7 building principal resulting from the annual professional performance
8 reviews conducted pursuant to this section. Such prohibition shall apply
9 to both a final composite rating/score and any subcomponent rating/score
10 related thereto. Provided further, however, that annual professional
11 performance reviews of individual teachers and principals shall not be
12 subject to disclosure pursuant to article six of the public officers
13 law.
14 4. Annual professional performance review plans shall: (a) include the
15 criteria by which all building principals and teaching personnel shall
16 be reviewed and a description of the review procedures; (b) be consist-
17 ent with state teaching and educational leadership standards; and (c)
18 include, but not be limited to: (i) the number of observations; (ii) the
19 frequency of observations; and (iii) provisions for a follow-up meeting
20 to review the findings of the review. Nothing herein shall be construed
21 to require that all teachers or principals have the same number or
22 frequency of observations. The plans shall include four composite
23 ratings: one, two, three, and four. A level one rating shall designate
24 the lowest attainable rating and a level four rating shall designate the
25 highest attainable rating. Each plan shall also include teacher or
26 principal improvement plans which shall be developed by the district or
27 board of cooperative educational services, as applicable, for teachers
28 or principals with a composite rating of one or two.
29 5. The district, or board of cooperative educational services, as
30 applicable, shall ensure that all affected personnel are acquainted with
31 the annual professional performance review plan and shall ensure that
32 each teacher and building principal who is reviewed in accordance with
33 this section has the opportunity to provide written comment on their
34 performance review.
35 6. Nothing in this section shall be construed to affect the unfettered
36 statutory right of a district or board of cooperative educational
37 services, as applicable, to terminate a probationary (non-tenured)
38 teacher or principal for any statutorily and constitutionally
39 permissible reasons.
40 7. The superintendent of each school district or board of cooperative
41 educational services, as applicable, shall certify by September first of
42 each year that their school district or board of cooperative educational
43 services has annual professional performance review plans for teachers
44 and for principals which are in compliance with the requirements of this
45 section or with those of section three thousand twelve-d of this article
46 and that the district or board of cooperative educational services
47 conducted evaluations in accordance with such plans during the preceding
48 school year.
49 § 8. Section 3014 of the education law, as amended by section 5 of
50 subpart D of part EE of chapter 56 of the laws of 2015, paragraph (b) of
51 subdivision 1 and paragraph (b) of subdivision 2 as amended by chapter
52 201 of the laws of 2022, is amended to read as follows:
53 § 3014. Tenure: boards of cooperative educational services. 1. (a)
54 Administrative assistants, supervisors, teachers and all other members
55 of the teaching and supervising staff of the board of cooperative educa-
56 tional services appointed prior to July first, two thousand fifteen,
S. 6880 17
1 shall be appointed by a majority vote of the board of cooperative educa-
2 tional services upon the recommendation of the district superintendent
3 of schools for a probationary period of not to exceed three years;
4 provided, however, that in the case of a teacher who has been appointed
5 on tenure in a school district within the state, the board of cooper-
6 ative educational services where currently employed, or another board of
7 cooperative educational services, and who was not dismissed from such
8 district or board as a result of charges brought pursuant to subdivision
9 one of section three thousand twenty-a [or section three thousand twen-
10 ty-b] of this article, the probationary period shall not exceed two
11 years. Services of a person so appointed to any such positions may be
12 discontinued at any time during such probationary period, upon the
13 recommendation of the district superintendent, by a majority vote of the
14 board of cooperative educational services.
15 (b) Administrative assistants, supervisors, teachers and all other
16 members of the teaching and supervising staff of the board of cooper-
17 ative educational services appointed on or after July first, two thou-
18 sand fifteen, shall be appointed by a majority vote of the board of
19 cooperative educational services upon the recommendation of the district
20 superintendent of schools for a probationary period of not to exceed
21 four years; provided, however, that in the case of a teacher who has
22 been appointed on tenure in a school district within the state, the
23 board of cooperative educational services where currently employed, or
24 another board of cooperative educational services, and who was not
25 dismissed from such district or board as a result of charges brought
26 pursuant to section three thousand twenty-a [or section three thousand
27 twenty-b] of this article, the teacher shall be appointed for a proba-
28 tionary period of three years; [provided that, in the case of a class-
29 room teacher, the teacher demonstrates that he or she received a compos-
30 ite annual professional performance review rating pursuant to section
31 three thousand twelve-c or three thousand twelve-d of this article of
32 either effective or highly effective in his or her final year of service
33 in such other school district or board of cooperative educational
34 services;] and provided further that in the case of a principal, admin-
35 istrator, supervisor, or other member of the supervising staff who has
36 been appointed on tenure pursuant to this chapter as an administrator
37 within an authorized administrative tenure area in another school
38 district within the state, the school district where currently employed,
39 or a board of cooperative educational services, and who was not
40 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 article, the principal, admin-
43 istrator, supervisor, or other member of the supervising staff shall be
44 appointed for a probationary period of three years. [Provided further,
45 however, that in the case of a classroom teacher who has been appointed
46 for a probationary period during the two thousand twenty--two thousand
47 twenty-one, the two thousand twenty-one--two thousand twenty-two or the
48 two thousand twenty-two--two thousand twenty-three school year and who
49 has been appointed on tenure in a school district within the state,
50 state school for the blind or deaf, the board of cooperative educational
51 services where currently employed, or another board of cooperative
52 educational services, and who was not dismissed from such district,
53 board or state school for the blind or deaf as a result of charges
54 brought pursuant to section three thousand twenty-a or section three
55 thousand twenty-b of this article, such teacher shall be appointed for a
56 probationary period of three years; provided that, in the case of a
S. 6880 18
1 classroom teacher, such teacher demonstrates that he or she received an
2 annual professional performance review rating pursuant to section three
3 thousand twelve-c or section three thousand twelve-d of this article of
4 either effective or highly effective in the two thousand seventeen--two
5 thousand eighteen or two thousand eighteen--two thousand nineteen school
6 year in such other school district, state school for the blind or deaf
7 or board of cooperative educational services.] Services of a person so
8 appointed to any such positions to which this paragraph applies may be
9 discontinued at any time during the probationary period, upon the recom-
10 mendation of the district superintendent, by a majority vote of the
11 board of cooperative educational services.
12 2. (a) On or before the expiration of the probationary term of a
13 person appointed for such term prior to July first, two thousand
14 fifteen, the district superintendent of schools shall make a written
15 report to the board of cooperative educational services recommending for
16 appointment on tenure persons who have been found competent, efficient
17 and satisfactory. Such persons shall hold their respective positions
18 during good behavior and competent and efficient service and shall not
19 be removed except for any of the following causes, after a hearing, as
20 provided by section three thousand twenty-a [or section three thousand
21 twenty-b] of this article: (i) Insubordination, immoral character or
22 conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or
23 neglect of duty; (iii) Failure to maintain certification as required by
24 this chapter and by the regulations of the commissioner. Each person who
25 is not to be so recommended for appointment on tenure shall be so noti-
26 fied in writing by the district superintendent not later than sixty days
27 immediately preceding the expiration of his or her probationary period.
28 (b) On or before the expiration of the probationary term of a person
29 appointed for such term on or after July first, two thousand fifteen,
30 the district superintendent of schools shall make a written report to
31 the board of cooperative educational services recommending for appoint-
32 ment on tenure persons who have been found competent, efficient and
33 satisfactory [and, in the case of a classroom teacher or building prin-
34 cipal, who have received composite annual professional performance
35 review ratings pursuant to section three thousand twelve-c or section
36 three thousand twelve-d of this article, of either effective or highly
37 effective in at least three of the four preceding years, exclusive of
38 any breaks in service; provided that, in the case of a classroom teacher
39 or building principal appointed during the two thousand seventeen--two
40 thousand eighteen or two thousand twenty--two thousand twenty-one school
41 year who have received composite annual professional performance review
42 ratings pursuant to section three thousand twelve-c or section three
43 thousand twelve-d of this article of either effective or highly effec-
44 tive in at least one of the four preceding years, exclusive of any
45 breaks in service, and did not receive an ineffective rating in the
46 final year of his or her probationary period or in the most recent
47 school year where a rating was received, and would have been in the
48 district superintendent of schools' discretion qualified for appointment
49 on tenure based upon performance, notwithstanding that his or her annual
50 professional performance review had not been completed and he or she had
51 not received an annual professional performance rating for the two thou-
52 sand nineteen--two thousand twenty, two thousand twenty--two thousand
53 twenty-one or the two thousand twenty-one--two thousand twenty-two
54 school year; provided that, in the case of a classroom teacher or build-
55 ing principal appointed during the two thousand eighteen--two thousand
56 nineteen or two thousand nineteen--two thousand twenty school year, who
S. 6880 19
1 has not received composite annual professional performance review
2 ratings pursuant to section three thousand twelve-c or section three
3 thousand twelve-d of this article for three consecutive years, no
4 ratings shall be required for the district superintendent of schools to
5 recommend for appointment on tenure such teacher or building principal
6 if the teacher or principal would have been, in the district superinten-
7 dent of schools' discretion, qualified for appointment on tenure based
8 upon performance, notwithstanding that his or her annual professional
9 performance review had not been completed and he or she had not received
10 an annual professional performance review rating for the two thousand
11 nineteen--two thousand twenty, two thousand twenty--two thousand twen-
12 ty-one and two thousand twenty-one--two thousand twenty-two school
13 years; provided that in the case of a classroom teacher or building
14 principal appointed during the two thousand twenty-one--two thousand
15 twenty-two school year who have received composite annual professional
16 performance review ratings pursuant to section three thousand twelve-c
17 or section three thousand twelve-d of this article of either effective
18 or highly effective in at least two of the four preceding years, exclu-
19 sive of any breaks in service, and did not receive an ineffective rating
20 in the final year of his or her probationary period, or during the most
21 recent school year where a rating was received, and would have been in
22 the district superintendent of schools' discretion qualified for
23 appointment on tenure based upon performance, notwithstanding that his
24 or her annual professional performance review had not been completed and
25 he or she had not received an annual professional performance rating for
26 the two thousand twenty--two thousand twenty-one or two thousand twen-
27 ty-one--two thousand twenty-two school year; provided further that,
28 notwithstanding any other provision of this section to the contrary,
29 when a teacher or principal receives an effective or highly effective
30 rating in each year of his or her probationary service except he or she
31 receives an ineffective rating in the final year of his or her proba-
32 tionary period, such teacher shall not be eligible for tenure but the
33 board of education in its discretion, may extend the teacher's proba-
34 tionary period for an additional year; provided, however that if such
35 teacher or principal successfully appealed such ineffective rating, such
36 teacher or principal shall immediately be eligible for tenure if the
37 rating resulting from the appeal established that such individual has
38 been effective or highly effective in at least three of the preceding
39 four years and was not ineffective in the final year. At the expiration
40 of the probationary period, the classroom teacher or building principal
41 shall remain in probationary status until the end of the school year in
42 which such teacher or principal has received such ratings of effective
43 or highly effective for at least three of the four preceding school
44 years, exclusive of any breaks in service, during which time a board of
45 cooperative educational services shall consider whether to grant tenure
46 for those classroom teachers or building principals who otherwise have
47 been found competent, efficient and satisfactory. Provided, however,
48 that the board of cooperative educational services may grant tenure
49 contingent upon a classroom teacher's or building principal's receipt of
50 a minimum rating in the final year of the probationary period, pursuant
51 to the requirements of this section, and if such contingency is not met
52 after all appeals have been exhausted, the grant of tenure shall be void
53 and unenforceable and the teacher's or principal's probationary period
54 may be extended in accordance with this subdivision]. Such persons shall
55 hold their respective positions during good behavior and competent and
56 efficient service and shall not be removed except for any of the follow-
S. 6880 20
1 ing causes, after a hearing, as provided by section three thousand twen-
2 ty-a [or section three thousand twenty-b] of this article: (i) Insubor-
3 dination, immoral character or conduct unbecoming a teacher; (ii)
4 Inefficiency, incompetency, or neglect of duty; (iii) Failure to main-
5 tain certification as required by this chapter and by the regulations of
6 the commissioner. Each person who is not to be so recommended for
7 appointment on tenure shall be so notified in writing by the district
8 superintendent not later than sixty days immediately preceding the expi-
9 ration of his or her probationary period.
10 § 9. Section 3020 of the education law, as amended by chapter 691 of
11 the laws of 1994, subdivision 1 as amended by chapter 103 of the laws of
12 2010, subdivision 3 and paragraph a of subdivision 4 as amended by
13 section 2 of subpart G of part EE of chapter 56 of the laws of 2015, and
14 subdivision 4 as added by section 1 of part J of chapter 93 of the laws
15 of 2002, is amended to read as follows:
16 § 3020. Discipline of teachers. 1. No person enjoying the benefits of
17 tenure shall be disciplined or removed during a term of employment
18 except for just cause and in accordance with the procedures specified in
19 section three thousand twenty-a of this article or in accordance with
20 alternate disciplinary procedures contained in a collective bargaining
21 agreement covering his or her terms and conditions of employment that
22 was effective on or before September first, nineteen hundred ninety-four
23 and has been unaltered by renegotiation, or in accordance with alterna-
24 tive disciplinary procedures contained in a collective bargaining agree-
25 ment covering his or her terms and conditions of employment that becomes
26 effective on or after September first, nineteen hundred ninety-four;
27 provided, however, that any such alternate disciplinary procedures
28 contained in a collective bargaining agreement that becomes effective on
29 or after September first, nineteen hundred ninety-four, must provide for
30 the written election by the employee of either the procedures specified
31 in such section [three thousand twenty-a] or the alternative discipli-
32 nary procedures contained in the collective bargaining agreement and
33 must result in a disposition of the disciplinary charge within the
34 amount of time allowed therefor under such section [three thousand twen-
35 ty-a; and provided further that any alternate disciplinary procedures
36 contained in a collective bargaining agreement that becomes effective on
37 or after July first, two thousand ten shall provide for an expedited
38 hearing process before a single hearing officer in accordance with
39 subparagraph (i-a) of paragraph c of subdivision three of section three
40 thousand twenty-a of this article in cases in which charges of incompe-
41 tence are brought based solely upon an allegation of a pattern of inef-
42 fective teaching or performance as defined in section three thousand
43 twelve-c of this article and shall provide that such a pattern of inef-
44 fective teaching or performance shall constitute very significant
45 evidence of incompetence which may form the basis for just cause
46 removal].
47 2. No person enjoying the benefits of tenure shall be suspended for a
48 fixed time without pay or dismissed due to a violation of article thir-
49 teen-E of the public health law.
50 3. Notwithstanding any inconsistent provision of law, the procedures
51 set forth in section three thousand twenty-a of this article and subdi-
52 vision seven of section twenty-five hundred ninety-j of this chapter may
53 be modified or replaced by agreements negotiated between the city school
54 district of the city of New York and any employee organization repres-
55 enting employees or titles that are or were covered by any memorandum of
56 agreement executed by such city school district and the council of
S. 6880 21
1 supervisors and administrators of the city of New York on or after
2 December first, nineteen hundred ninety-nine. Where such procedures are
3 so modified or replaced: (i) compliance with such modification or
4 replacement procedures shall satisfy any provision in this chapter that
5 requires compliance with section three thousand twenty-a of this
6 article, (ii) any employee against whom charges have been preferred
7 prior to the effective date of such modification or replacement shall
8 continue to be subject to the provisions of such section as in effect on
9 the date such charges were preferred, (iii) the provisions of subdivi-
10 sions one and two of this section shall not apply to agreements negoti-
11 ated pursuant to this subdivision, and (iv) in accordance with paragraph
12 (e) of subdivision one of section two hundred nine-a of the civil
13 service law, such modification or replacement procedures contained in an
14 agreement negotiated pursuant to this subdivision shall continue as
15 terms of such agreement after its expiration until a new agreement is
16 negotiated[; provided that any alternate disciplinary procedures
17 contained in a collective bargaining agreement that becomes effective on
18 or after July first, two thousand ten shall provide for an expedited
19 hearing process before a single hearing officer in accordance with
20 subparagraph (i-a) of paragraph c of subdivision three of section three
21 thousand twenty-a of this article in cases in which charges of incompe-
22 tence are brought against a building principal based solely upon an
23 allegation of a pattern of ineffective teaching or performance as
24 defined in section three thousand twelve-c of this article and shall
25 provide that such a pattern of ineffective teaching or performance shall
26 constitute very significant evidence of incompetence which may form the
27 basis for just cause removal of the building principal and provided
28 further that any alternate disciplinary procedures contained in a
29 collective bargaining agreement that becomes effective on or after July
30 first, two thousand fifteen shall provide that all hearings pursuant to
31 sections three thousand twenty-a or three thousand twenty-b of this
32 article shall be conducted before a single hearing officer and that two
33 consecutive ineffective ratings pursuant to annual professional perform-
34 ance reviews conducted in accordance with the provisions of section
35 three thousand twelve-c or three thousand twelve-d of this article shall
36 constitute prima facie evidence of incompetence that can only be over-
37 come by clear and convincing evidence that the employee is not incompe-
38 tent in light of all surrounding circumstances, and if not successfully
39 overcome, the finding, absent extraordinary circumstances, shall be just
40 cause for removal, and that three consecutive ineffective ratings pursu-
41 ant to annual professional performance reviews conducted in accordance
42 with the provisions of section three thousand twelve-c or three thousand
43 twelve-d of this article shall constitute prima facie evidence of incom-
44 petence that can only be overcome by clear and convincing evidence that
45 the calculation of one or more of the principal's underlying components
46 on the annual professional performance reviews pursuant to section three
47 thousand twelve-c or three thousand twelve-d of this article was fraudu-
48 lent, and if not successfully overcome, the finding, absent extraor-
49 dinary circumstances, shall be just cause for removal. For purposes of
50 this subdivision, fraud shall include mistaken identity]. Notwithstand-
51 ing any inconsistent provision of law, the commissioner shall review any
52 appeals authorized by such modification or replacement procedures within
53 fifteen days from receipt by such commissioner of the record of prior
54 proceedings in the matter subject to appeal. Such review shall have
55 preference over all other appeals or proceedings pending before such
56 commissioner.
S. 6880 22
1 4. a. Notwithstanding any inconsistent provision of law, the proce-
2 dures set forth in section three thousand twenty-a of this article and
3 subdivision seven of section twenty-five hundred ninety-j of this chap-
4 ter may be modified by agreements negotiated between the city school
5 district of the city of New York and any employee organization repres-
6 enting employees or titles that are or were covered by any memorandum of
7 agreement executed by such city school district and the united feder-
8 ation of teachers on or after June tenth, two thousand two. Where such
9 procedures are so modified: (i) compliance with such modified procedures
10 shall satisfy any provision of this chapter that requires compliance
11 with section three thousand twenty-a of this article; (ii) any employee
12 against whom charges have been preferred prior to the effective date of
13 such modification shall continue to be subject to the provisions of such
14 section as in effect on the date such charges were preferred; (iii) the
15 provisions of subdivisions one and two of this section shall not apply
16 to agreements negotiated pursuant to this subdivision, except that no
17 person enjoying the benefits of tenure shall be disciplined or removed
18 during a term of employment except for just cause; and (iv) in accord-
19 ance with paragraph (e) of subdivision one of section two hundred nine-a
20 of the civil service law, such modified procedures contained in an
21 agreement negotiated pursuant to this subdivision shall continue as
22 terms of such agreement after its expiration until a new agreement is
23 negotiated[; and provided further that any alternate disciplinary proce-
24 dures contained in a collective bargaining agreement that becomes effec-
25 tive on or after July first, two thousand ten shall provide for an expe-
26 dited hearing process before a single hearing officer in accordance with
27 subparagraph (i-a) of paragraph c of subdivision three of section three
28 thousand twenty-a of this article in cases in which charges of incompe-
29 tence are brought based solely upon an allegation of a pattern of inef-
30 fective teaching or performance as defined in section three thousand
31 twelve-c of this article and shall provide that such a pattern of inef-
32 fective teaching or performance shall constitute very significant
33 evidence of incompetence which may form the basis for just cause
34 removal, and provided further that any alternate disciplinary procedures
35 contained in a collective bargaining agreement that becomes effective on
36 or after July first, two thousand fifteen shall provide that all hear-
37 ings pursuant to sections three thousand twenty-a or three thousand
38 twenty-b of this article shall be conducted before a single hearing
39 officer and that two consecutive ineffective ratings pursuant to annual
40 professional performance reviews conducted in accordance with the
41 provisions of section three thousand twelve-c or three thousand twelve-d
42 of this article shall constitute prima facie evidence of incompetence
43 that can only be overcome by clear and convincing evidence that the
44 employee is not incompetent in light of all surrounding circumstances,
45 and if not successfully overcome, the finding, absent extraordinary
46 circumstances, shall be just cause for removal, and that three consec-
47 utive ineffective ratings pursuant to annual professional performance
48 reviews conducted in accordance with the provisions of section three
49 thousand twelve-c or three thousand twelve-d of this article shall
50 constitute prima facie evidence of incompetence that can only be over-
51 come by clear and convincing evidence that the calculation of one or
52 more of the teacher's underlying components on the annual professional
53 performance reviews pursuant to section three thousand twelve-c or three
54 thousand twelve-d of this article was fraudulent, and if not successful-
55 ly overcome, the finding, absent extraordinary circumstances, shall be
S. 6880 23
1 just cause for removal. For purposes of this paragraph, fraud shall
2 include mistaken identity].
3 b. Any modifications to the procedures set forth in section three
4 thousand twenty-a of this article and subdivision seven of section twen-
5 ty-five hundred ninety-j of this chapter shall not change the manner in
6 which the fees and expenses of such proceedings pursuant to the afore-
7 said sections are paid.
8 § 10. Section 3020-b of the education law is REPEALED.
9 § 11. This act shall take effect immediately.
