Bill Text: NY A08346 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to the probationary period for certain tenured employees in school districts; makes such probationary period last for 3 years rather than 4 years.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2019-10-04 - SIGNED CHAP.345 [A08346 Detail]

Download: New_York-2019-A08346-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8346

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                      June 15, 2019
                                       ___________

        Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
          Committee on Education

        AN ACT to amend the education law, in relation to the probationary peri-
          od for certain tenured employees in school districts

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subparagraph  ii  of  paragraph  (b)  of subdivision 1 of
     2  section 2509 of the education law, as amended by section 1 of subpart  D
     3  of  part  EE  of  chapter  56 of the laws of 2015, is amended to read as
     4  follows:
     5    ii. Notwithstanding any other provision of law or  regulation  to  the
     6  contrary,  administrators,  directors,  supervisors,  principals and all
     7  other members of the supervising staff, except associate, assistant  and
     8  other  superintendents,  appointed  on or after July first, two thousand
     9  fifteen and authorized by section  twenty-five  hundred  three  of  this
    10  article,  shall  be appointed by the board of education, upon the recom-
    11  mendation of the superintendent of schools for a probationary period  of
    12  four years; provided, however, that in the case of a principal, adminis-
    13  trator,  supervisor,  or  other  member of the supervising staff who has
    14  been appointed on tenure pursuant to this chapter  as  an  administrator
    15  within  an  authorized  administrative  tenure  area  in  another school
    16  district within the state, the school district where currently employed,
    17  or a  board  of  cooperative  educational  services,  and  who  was  not
    18  dismissed  from  such  district  or board as a result of charges brought
    19  pursuant to subdivision  one  of  section  three  thousand  twenty-a  or
    20  section three thousand twenty-b of this chapter, the principal, adminis-
    21  trator,  supervisor  or  other  member of the supervising staff shall be
    22  appointed for a probationary period of three years.   The service  of  a
    23  person  appointed  to  any  of such positions may be discontinued at any
    24  time during the probationary period on the recommendation of the  super-
    25  intendent of schools, by a majority vote of the board of education.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10116-03-9

        A. 8346                             2

     1    § 2. Subparagraph ii of paragraph (b) of subdivision 1 of section 2573
     2  of the education law, as amended by section 3 of subpart D of part EE of
     3  chapter 56 of the laws of 2015, is amended to read as follows:
     4    ii.  Administrators,  directors, supervisors, principals and all other
     5  members of the supervising staff, except executive directors, associate,
     6  assistant,  district  and  community  superintendents   and   examiners,
     7  appointed on or after July first, two thousand fifteen and authorized by
     8  section  twenty-five  hundred  fifty-four  of  this  article,  shall  be
     9  appointed by the board of education,  upon  the  recommendation  of  the
    10  superintendent  or  chancellor  of schools, for a probationary period of
    11  four years provided that such probationary period  may  be  extended  in
    12  accordance  with  paragraph  (b)  of  subdivision  five of this section;
    13  provided, however, that in  the  case  of  a  principal,  administrator,
    14  supervisor,  or  other  member  of  the  supervising  staff who has been
    15  appointed on tenure pursuant to this chapter as an administrator  within
    16  an  authorized  administrative  tenure  area  in another school district
    17  within the state, the school district where  currently  employed,  or  a
    18  board  of  cooperative  educational  services, and who was not dismissed
    19  from such district or board as a result of charges brought  pursuant  to
    20  subdivision  one  of  section  three  thousand twenty-a or section three
    21  thousand twenty-b of this chapter, the principal, administrator,  super-
    22  visor  or other member of the supervising staff shall be appointed for a
    23  probationary period of three years.  The service of a  person  appointed
    24  to  any  of  such  positions  may be discontinued at any time during the
    25  probationary period on  the  recommendation  of  the  superintendent  of
    26  schools, by a majority vote of the board of education.
    27    § 3. Subparagraph ii of paragraph (b) of subdivision 1 of section 3012
    28  of the education law, as amended by section 4 of subpart D of part EE of
    29  chapter 56 of the laws of 2015, is amended to read as follows:
    30    ii.  Principals,  administrators, supervisors and all other members of
    31  the supervising staff  of  school  districts,  including  common  school
    32  districts  and/or  school districts employing fewer than eight teachers,
    33  other than city school districts, who are appointed  on  or  after  July
    34  first,  two  thousand fifteen, shall be appointed by the board of educa-
    35  tion, or the trustees of a common school district, upon the  recommenda-
    36  tion  of the superintendent of schools for a probationary period of four
    37  years; provided, however, that in the case of a  principal,  administra-
    38  tor,  supervisor,  or other member of the supervising staff who has been
    39  appointed on tenure pursuant to this chapter as an administrator  within
    40  an  authorized  administrative  tenure  area  in another school district
    41  within the state, the school district where  currently  employed,  or  a
    42  board  of  cooperative  educational  services, and who was not dismissed
    43  from such district or board as a result of charges brought  pursuant  to
    44  subdivision  one  of  section  three  thousand twenty-a or section three
    45  thousand twenty-b of this article, the principal, administrator,  super-
    46  visor  or other member of the supervising staff shall be appointed for a
    47  probationary period of three years.  The service of a  person  appointed
    48  to  any  of  such  positions  may be discontinued at any time during the
    49  probationary period on  the  recommendation  of  the  superintendent  of
    50  schools, by a majority vote of the board of education or the trustees of
    51  a common school district.
    52    §  4.  Paragraph (b) of subdivision 1 of section 3014 of the education
    53  law, as added by section 5 of subpart D of part EE of chapter 56 of  the
    54  laws of 2015, is amended to read as follows:
    55    (b)  Administrative  assistants,  supervisors,  teachers and all other
    56  members of the teaching and supervising staff of the  board  of  cooper-

        A. 8346                             3

     1  ative  educational  services appointed on or after July first, two thou-
     2  sand fifteen, shall be appointed by a majority  vote  of  the  board  of
     3  cooperative educational services upon the recommendation of the district
     4  superintendent  of  schools  for  a probationary period of not to exceed
     5  four years; provided, however, that in the case of  a  teacher  who  has
     6  been  appointed  on  tenure  in  a school district within the state, the
     7  board of cooperative educational services where currently  employed,  or
     8  another  board  of  cooperative  educational  services,  and who was not
     9  dismissed from such district or board as a  result  of  charges  brought
    10  pursuant  to  section  three thousand twenty-a or section three thousand
    11  twenty-b of this article, the teacher shall be appointed  for  a  proba-
    12  tionary period of three years; provided that, in the case of a classroom
    13  teacher,  the  teacher  demonstrates that he or she received a composite
    14  annual professional performance review rating pursuant to section  three
    15  thousand  twelve-c  or three thousand twelve-d of this [chapter] article
    16  of either effective or highly effective in his  or  her  final  year  of
    17  service  in  such  other  school district or board of cooperative educa-
    18  tional services; and provided further that in the case of  a  principal,
    19  administrator,  supervisor, or other member of the supervising staff who
    20  has been appointed on tenure pursuant to this chapter as an  administra-
    21  tor  within  an  authorized administrative tenure area in another school
    22  district within the state, the school district where currently employed,
    23  or a  board  of  cooperative  educational  services,  and  who  was  not
    24  dismissed  from  such  district  or board as a result of charges brought
    25  pursuant to subdivision  one  of  section  three  thousand  twenty-a  or
    26  section three thousand twenty-b of this article, the principal, adminis-
    27  trator,  supervisor,  or  other member of the supervising staff shall be
    28  appointed for a probationary period of  three  years.    Services  of  a
    29  person  so  appointed  to  any  such  positions  to which this paragraph
    30  applies may be discontinued at any time during [such]  the  probationary
    31  period,  upon  the  recommendation  of the district superintendent, by a
    32  majority vote of the board of cooperative educational services.
    33    § 5. This act shall take effect June 1, 2020 and shall apply  only  to
    34  individuals beginning their probationary periods on or after such date.
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