Bill Text: NY S00910 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to the appointment of teachers and satisfactory annual reviews.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO EDUCATION [S00910 Detail]

Download: New_York-2021-S00910-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                           910

                               2021-2022 Regular Sessions

                    IN SENATE

                                       (Prefiled)

                                     January 6, 2021
                                       ___________

        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  the  appointment  of
          teachers

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

     1    Section 1. Section 2509 of the education law, as added by chapter  762
     2  of the laws of 1950, subdivision 1 as amended by chapter 116 of the laws
     3  of 1971, paragraphs (a) and (b) of subdivision 1 as amended by section 1
     4  and  subdivision  2  as  amended by section 2 of subpart D of part EE of
     5  chapter 56 of the laws of 2015, subparagraph  ii  of  paragraph  (b)  of
     6  subdivision 1 as amended by chapter 345 of the laws of 2019, subdivision
     7  3  as  amended  by  chapter  680  of  the laws of 1983, subdivision 4 as
     8  amended by chapter 263 of the laws of 2005, subdivisions 5, 6 and  7  as
     9  renumbered  by  chapter  717  of  the laws of 1970, and subdivision 7 as
    10  added by chapter 859 of the laws of 1955, is amended to read as follows:
    11    § 2509. Appointment of assistant and other  superintendents,  teachers
    12  and  other  employees.  1.  (a) i. Teachers and all other members of the
    13  teaching staff appointed prior to July first, two thousand  fifteen  and
    14  authorized  by  section twenty-five hundred three of this article, shall
    15  be appointed by the board of education, upon the recommendation  of  the
    16  superintendent  of  schools,  for  a probationary period of three years,
    17  except that in the case of  a  teacher  who  has  rendered  satisfactory
    18  service  as a regular substitute for a period of up to two years or as a
    19  seasonally licensed per session teacher of swimming in day  schools  who
    20  has served in that capacity for a period of up to two years and has been
    21  appointed  to teach the same subject in day schools on an annual salary,
    22  the probationary period shall be [limited to one year]  reduced  propor-
    23  tionately  based  upon the length of the satisfactory service; provided,
    24  however, that in the case of a teacher who has been appointed on  tenure

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02612-01-1
        S. 910                              2

     1  in  another  school district within the state, the school district where
     2  currently employed, or a board of cooperative educational services,  and
     3  who was not dismissed from such district or board as a result of charges
     4  brought  pursuant  to subdivision one of section three thousand twenty-a
     5  of this chapter, the probationary period shall not exceed two years. The
     6  service of a person appointed to any [of] such positions may be  discon-
     7  tinued  at  any time during such probationary period, on the recommenda-
     8  tion of the superintendent of schools, by a majority vote of  the  board
     9  of  education.  Each person who is not to be recommended for appointment
    10  on tenure shall be so notified by the superintendent of schools in writ-
    11  ing not later than sixty days immediately preceding  the  expiration  of
    12  [his] the probationary period.
    13    ii.  Notwithstanding  any  other provision of law or regulation to the
    14  contrary, teachers and all other members of the teaching staff appointed
    15  on or after July first, two thousand fifteen and authorized  by  section
    16  twenty-five  hundred  three  of  this article, shall be appointed by the
    17  board of education, upon the recommendation  of  the  superintendent  of
    18  schools,  for  a  probationary  period of four years, except that in the
    19  case of a teacher who has rendered satisfactory  service  as  a  regular
    20  substitute  for a period of up to two years and, if a classroom teacher,
    21  has received [composite] satisfactory annual  [professional  performance
    22  review  ratings]  reviews in each of those years, or has rendered satis-
    23  factory service as a seasonally licensed per session teacher of swimming
    24  in day schools who has served in that capacity for a period of up to two
    25  years and has been appointed to teach the same subject in day schools on
    26  an annual salary, the teacher shall be appointed [for] to a probationary
    27  period [of two years] that is reduced  proportionately  based  upon  the
    28  length  of the satisfactory service; provided, however, that in the case
    29  of a teacher who has been appointed on tenure in another school district
    30  within the state, the school district where  currently  employed,  or  a
    31  board  of  cooperative  educational  services, and who was not dismissed
    32  from such district or board as a result of charges brought  pursuant  to
    33  subdivision  one  of  section  three  thousand twenty-a or section three
    34  thousand twenty-b of this chapter, the teacher shall be appointed for  a
    35  probationary  period  of  three  years; provided that the teacher demon-
    36  strates that [he or  she]  they  received  [an]  a  satisfactory  annual
    37  [professional  performance review rating pursuant to section three thou-
    38  sand twelve-c or section three thousand twelve-d of this chapter] review
    39  in [his or her] their  final  year  of  service  in  such  other  school
    40  district  or board of cooperative educational services. 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  Each person who is not to be recommended for appointment on tenure shall
    45  be so notified by the superintendent of schools  in  writing  not  later
    46  than  sixty days immediately preceding the expiration of [his/her] their
    47  probationary period.
    48    (b) i. Administrators,  directors,  supervisors,  principals  and  all
    49  other  members of the supervising staff, except associate, assistant and
    50  other superintendents  appointed  prior  to  July  first,  two  thousand
    51  fifteen  and  authorized  by  section  twenty-five hundred three of this
    52  article, shall be appointed by the board of education, upon  the  recom-
    53  mendation  of the superintendent of schools for a probationary period of
    54  three years. The service of a person appointed to any  [of]  such  posi-
    55  tions  may be discontinued at any time during the probationary period on
        S. 910                              3

     1  the recommendation of the superintendent of schools, by a majority  vote
     2  of the board of education.
     3    ii.  Notwithstanding  any  other provision of law or regulation to the
     4  contrary, administrators, directors,  supervisors,  principals  and  all
     5  other  members of the supervising staff, except associate, assistant and
     6  other superintendents, appointed on or after July  first,  two  thousand
     7  fifteen  and  authorized  by  section  twenty-five hundred three of this
     8  article, shall be appointed by the board of education, upon  the  recom-
     9  mendation  of the superintendent of schools for a probationary period of
    10  four years; provided, however, that in the case of a principal, adminis-
    11  trator, supervisor, or other member of the  supervising  staff  who  has
    12  been  appointed  on  tenure pursuant to this chapter as an administrator
    13  within an  authorized  administrative  tenure  area  in  another  school
    14  district within the state, the school district where currently employed,
    15  or  a  board  of  cooperative  educational  services,  and  who  was not
    16  dismissed from such district or board as a  result  of  charges  brought
    17  pursuant  to  subdivision  one  of  section  three  thousand twenty-a or
    18  section three thousand twenty-b of this chapter, the principal, adminis-
    19  trator, supervisor or other member of the  supervising  staff  shall  be
    20  appointed  for  a  probationary  period of three years. The service of a
    21  person appointed to any of such positions may  be  discontinued  at  any
    22  time  during the probationary period on the recommendation of the super-
    23  intendent of schools, by a majority vote of the board of education.
    24    2. [a.](a) Notwithstanding any other provision of law or regulation to
    25  the contrary, teachers and all  other  members  of  the  teaching  staff
    26  appointed on or after July first, two thousand twenty-one and authorized
    27  by section twenty-five hundred three of this article, shall be appointed
    28  by the board of education, upon the recommendation of the superintendent
    29  of schools, for a probationary period of three years, except that in the
    30  case  of  a  teacher  who has rendered satisfactory service as a regular
    31  substitute for a period of up to two years and, if a classroom  teacher,
    32  has  received satisfactory annual reviews in each of those years, or has
    33  rendered satisfactory service  as  a  seasonally  licensed  per  session
    34  teacher of swimming in day schools who has served in that capacity for a
    35  period  of  up  to  two  years  and has been appointed to teach the same
    36  subject in day schools on  an  annual  salary,  such  teacher  shall  be
    37  appointed  for  a  probationary  period  that is reduced proportionately
    38  based upon the length of the satisfactory  service;  provided,  however,
    39  that in the case of a teacher who has been appointed on tenure in anoth-
    40  er school district within the state, the school district where currently
    41  employed,  or  a  board of cooperative educational services, and who was
    42  not dismissed from such district or board as a result of charges brought
    43  pursuant to subdivision  one  of  section  three  thousand  twenty-a  or
    44  section  three  thousand twenty-b of this chapter, such teacher shall be
    45  appointed for a probationary period of  two  years;  provided  that  the
    46  teacher  demonstrates that they received a satisfactory annual review in
    47  their final year of service in such other school district  or  board  of
    48  cooperative  educational  services. The service of a person appointed to
    49  any such positions may be discontinued at any time  during  such  proba-
    50  tionary  period, on the recommendation of the superintendent of schools,
    51  by a majority vote of the board of education. Each person who is not  to
    52  be  recommended  for  appointment  on tenure shall be so notified by the
    53  superintendent of schools in writing not later  than  sixty  days  imme-
    54  diately preceding the expiration of the probationary period.
    55    (b)  Administrators,  directors, supervisors, principals and all other
    56  members of the supervising staff, except associate, assistant and  other
        S. 910                              4

     1  superintendents  appointed  on or after July first, two thousand twenty-
     2  one and authorized by section twenty-five hundred three of this article,
     3  shall be appointed by the board of education, upon the recommendation of
     4  the  superintendent of schools for a probationary period of three years.
     5  The service of a person appointed to any such positions may  be  discon-
     6  tinued  at any time during the probationary period on the recommendation
     7  of the superintendent of schools, by a majority vote  of  the  board  of
     8  education.
     9    3.  (a)  At  the  expiration  of  the probationary term of any persons
    10  appointed for such term prior to July first, two  thousand  fifteen,  or
    11  within  six  months  prior  thereto, the superintendent of schools shall
    12  make a written  report  to  the  board  of  education  recommending  for
    13  appointment on tenure those persons who have been found competent, effi-
    14  cient  and  satisfactory.  By a majority vote the board of education may
    15  then appoint on tenure any or all of  the  persons  recommended  by  the
    16  superintendent  of  schools. Such persons and all others employed in the
    17  teaching service of the schools of such school district who have  served
    18  the  full  probationary  period  shall  hold  their respective positions
    19  during good behavior and efficient and competent service, and shall  not
    20  be  removable  except  for  cause after a hearing as provided by section
    21  three thousand twenty-a or section three thousand twenty-b of this chap-
    22  ter. Failure to maintain certification as required by this  chapter  and
    23  the regulations of the commissioner shall constitute cause for removal.
    24    [b.]  (b)  For  persons appointed on or after July first, two thousand
    25  fifteen, at the expiration of  the  probationary  term  of  any  persons
    26  appointed  for such term, or within six months prior thereto, the super-
    27  intendent of schools shall make a written report to the board of  educa-
    28  tion  recommending for appointment on tenure those persons who have been
    29  found competent, efficient and satisfactory and in the case of a  class-
    30  room teacher or building principal, who have received satisfactory annu-
    31  al  [professional  performance  review ratings pursuant to section three
    32  thousand twelve-c or section three thousand twelve-d of this chapter, of
    33  either effective or highly effective] reviews in at least three  of  the
    34  four  preceding  years,  exclusive  of  any breaks in service[; provided
    35  that, notwithstanding any other provision of this section to the contra-
    36  ry, when a teacher or principal receives an effective or  highly  effec-
    37  tive rating in each year of his or her probationary service except he or
    38  she  receives  an  ineffective  rating  in  the final year of his or her
    39  probationary period, such teacher or principal shall not be eligible for
    40  tenure but the board of education in  its  discretion,  may  extend  the
    41  teacher's probationary period for an additional year; provided, however,
    42  that if such teacher or principal successfully appealed such ineffective
    43  rating,  such  teacher  or  principal  shall immediately be eligible for
    44  tenure if the rating resulting from the  appeal  established  that  such
    45  individual  has  been effective or highly effective in at least three of
    46  the preceding four years and was not ineffective in the final year].  By
    47  a  majority  vote, the board of education may then appoint on tenure any
    48  or all of the persons recommended by the superintendent of schools.  [At
    49  the  expiration  of  the  probationary  period, the classroom teacher or
    50  building principal shall remain in probationary status until the end  of
    51  the  school  year  in  which such teacher or principal has received such
    52  ratings of effective or highly effective for at least three of the  four
    53  preceding school years exclusive of any breaks in service and subject to
    54  the  terms hereof, during which time a board of education shall consider
    55  whether to grant tenure for those classroom teachers or building princi-
    56  pals who otherwise have been found competent,  efficient  and  satisfac-
        S. 910                              5

     1  tory.  Provided,  however,  that the board of education may grant tenure
     2  contingent upon a classroom teacher's or building principal's receipt of
     3  a minimum rating in the final year of the probationary period,  pursuant
     4  to  the requirements of this section, and if such contingency is not met
     5  after all appeals have been exhausted, the grant of tenure shall be void
     6  and unenforceable and the teacher's or principal's  probationary  period
     7  may  be  extended in accordance with this subdivision.] Such persons who
     8  have been recommended for tenure and all others employed in the teaching
     9  service of the schools of such school district who have served the  full
    10  probationary  period  [as  extended]  pursuant to this subdivision shall
    11  hold their respective positions during good behavior and  efficient  and
    12  competent  service,  and shall not be removable except for cause after a
    13  hearing as provided by section three thousand twenty-a or section  three
    14  thousand  twenty-b of this chapter. Failure to maintain certification as
    15  required by this chapter and the regulations of the  commissioner  shall
    16  constitute cause for removal.
    17    [3.]  4.  Associate superintendents and all other employees authorized
    18  by section twenty-five hundred three of this article, except  as  other-
    19  wise  provided in subdivision one of this section, shall be appointed by
    20  the board of education, provided, however, that the board  of  education
    21  may  enter  into an employment contract with an associate, assistant, or
    22  other superintendent of schools for a period of from one to five years.
    23    [4.] 5. Clerks, draftsmen, inspectors,  chemists,  tabulating  machine
    24  operators,  secretaries,  stenographers,  copyists, statisticians, jani-
    25  tors, custodians,  custodian-engineers,  and  all  other  administrative
    26  employees  of  a  board  of education, unless otherwise provided in this
    27  chapter, shall be appointed for a probationary period  provided  in  the
    28  civil service law and regulations based thereon. The service of a person
    29  appointed  to  any of such positions may be discontinued by the board of
    30  education at any time during such probationary period. Such persons  and
    31  all others employed in the administrative service of the board of educa-
    32  tion  who  have  served  the  full  probationary period shall hold their
    33  respective positions during good behavior and  efficient  and  competent
    34  service,  and  shall  not be removed except for cause after a hearing by
    35  the affirmative vote of a majority of the board.
    36    [5.] 6. No  principal,  supervisor,  director,  or  teacher  shall  be
    37  appointed  to  the  teaching force of such city school district who does
    38  not possess qualifications required under this  chapter  and  under  the
    39  regulations  prescribed by the commissioner of education for the persons
    40  employed in such positions in the schools of the city  school  districts
    41  of the state, but a board of education may prescribe additional or high-
    42  er qualifications for the persons employed in any of such positions.
    43    [6.]  7.  Rules and regulations shall be adopted governing excusing of
    44  absences and for the granting of leaves of absence either with or  with-
    45  out  pay for all members of the teaching and supervising staff and other
    46  employees.
    47    [7.] 8. Notwithstanding any other provision of this section no  period
    48  in  any  school  year  for which there is no required service and/or for
    49  which no compensation is provided shall in any event constitute a  break
    50  or  suspension  of probationary period or continuity of tenure rights of
    51  any of the persons hereinabove described.
    52    § 2. Paragraph (a) of subdivision 1, and subdivisions 3, 5,  6,  para-
    53  graph (a) of subdivision 10, 11, 16 and 17 of section 2573 of the educa-
    54  tion  law,  paragraph  (a) of subdivision 1, and subdivisions 5 and 6 as
    55  amended by section 3 of subpart D of part EE of chapter 56 of  the  laws
    56  of  2015,  subdivision  3  as amended by chapter 27 of the laws of 2012,
        S. 910                              6

     1  paragraph (a) of subdivision 10 and subdivision 11 as amended by chapter
     2  650 of the laws of 1990, subdivision 16 as added by chapter 898  of  the
     3  laws  of  1960, and subdivision 17 as amended by chapter 210 of the laws
     4  of 2001, are amended to read as follows:
     5    (a) i. Teachers and all other members of the teaching staff, appointed
     6  prior  to  July  first,  two  thousand fifteen and authorized by section
     7  twenty-five hundred fifty-four of this article, shall  be  appointed  by
     8  the board of education, upon the recommendation of the superintendent of
     9  schools,  for  a  probationary period of three years, except that in the
    10  case of a teacher who has rendered satisfactory  service  as  a  regular
    11  substitute  for  a period of up to two years or as a seasonally licensed
    12  per session teacher of swimming in day schools who has  served  in  that
    13  capacity for a period of up to two years and has been appointed to teach
    14  the  same  subject  in day schools on an annual salary, the probationary
    15  period shall be [limited to]  reduced  proportionately  based  upon  the
    16  length  of the satisfactory service one year; provided, however, that in
    17  the case of a teacher who has been appointed on tenure in another school
    18  district within the state, the school district where currently employed,
    19  or a  board  of  cooperative  educational  services,  and  who  was  not
    20  dismissed  from  such  district  or board as a result of charges brought
    21  pursuant to subdivision  one  of  section  three  thousand  twenty-a  or
    22  section three thousand twenty-b of this chapter, the probationary period
    23  shall  not  exceed  two  years; provided, however, that in cities with a
    24  population of one million or more, a teacher  appointed  under  a  newly
    25  created  license,  for  teachers of reading and of the emotionally hand-
    26  icapped, to a position which the teacher has held for at least two years
    27  prior to such appointment while serving on  tenure  in  another  license
    28  area  who  was  not dismissed as a result of charges brought pursuant to
    29  subdivision one of section three  thousand  twenty-a  or  section  three
    30  thousand  twenty-b of this chapter, the probationary period shall be one
    31  year. The service of a person appointed to any [of] such  positions  may
    32  be  discontinued  at  any  time  during such probationary period, on the
    33  recommendation of the superintendent of schools, by a majority  vote  of
    34  the  board  of  education.  Each person who is not to be recommended for
    35  appointment on tenure shall be so  notified  by  the  superintendent  of
    36  schools  in  writing not later than sixty days immediately preceding the
    37  expiration of [his or her] their probationary period.   In  city  school
    38  districts  having a population of four hundred thousand or more, persons
    39  with licenses obtained as a result of examinations announced  subsequent
    40  to  the  twenty-second day of May, nineteen hundred sixty-nine appointed
    41  upon conditions that all announced  requirements  for  the  position  be
    42  fulfilled  within  a  specified period of time, shall not acquire tenure
    43  unless and until such requirements have been completed within  the  time
    44  specified  for the fulfillment of such requirements, notwithstanding the
    45  expiration  of  any  probationary  period.  In  all  other  city  school
    46  districts subject to the provisions of this article, failure to maintain
    47  certification  as required by this article and by the regulations of the
    48  commissioner shall be cause for removal within the meaning  of  subdivi-
    49  sion five of this section.
    50    ii.  Teachers and all other members of the teaching staff appointed on
    51  or after July first, two thousand  fifteen  and  authorized  by  section
    52  twenty-five  hundred  fifty-four  of this article, shall be appointed by
    53  the board of education, upon the recommendation of the superintendent of
    54  schools, for a probationary period of four years,  except  that  in  the
    55  case  of  a  teacher  who has rendered satisfactory service as a regular
    56  substitute for a period of up to two years and, if a classroom  teacher,
        S. 910                              7

     1  has   received  satisfactory  annual  [professional  performance  review
     2  ratings] reviews in each of those years, or  has  rendered  satisfactory
     3  service  as a seasonally licensed per session teacher of swimming in day
     4  schools  who has served in that capacity for a period of up to two years
     5  and has been appointed to teach the same subject in day  schools  on  an
     6  annual  salary,  the  teacher shall be appointed [for] to a probationary
     7  period [of two years] that is reduced  proportionately  based  upon  the
     8  length  of the satisfactory service; provided, however, that in the case
     9  of a teacher who has been appointed on tenure in another school district
    10  within the state, the school district where  currently  employed,  or  a
    11  board  of  cooperative  educational  services, and who was not dismissed
    12  from such district or board as a result of charges brought  pursuant  to
    13  subdivision  one  of  section  three  thousand twenty-a or section three
    14  thousand twenty-b of this chapter, the teacher shall be appointed for  a
    15  probationary  period  of  three  years;  provided that, in the case of a
    16  classroom teacher, the  teacher  demonstrates  that  [he  or  she]  they
    17  received  [an  annual  professional  performance]  a satisfactory annual
    18  review [rating pursuant to section three thousand  twelve-c  or  section
    19  three  thousand  twelve-d  of  this chapter] in [his or her] their final
    20  year of service in such other school district or  board  of  cooperative
    21  educational  services;  provided,  however,  that in cities with a popu-
    22  lation of one million or more, a teacher appointed under a newly created
    23  license, for teachers of reading and of the emotionally handicapped,  to
    24  a  position  which  the teacher has held for at least two years prior to
    25  such appointment while serving on tenure in another license area who was
    26  not dismissed as a result of charges brought pursuant to subdivision one
    27  of section three thousand twenty-a or section three thousand twenty-b of
    28  this chapter, the teacher shall be appointed for a  probationary  period
    29  of  two  years. The service of a person appointed to any [of] such posi-
    30  tions may be discontinued at any time during such  probationary  period,
    31  on  the  recommendation  of the superintendent of schools, by a majority
    32  vote of the board of education.  Each person who is  not  to  be  recom-
    33  mended for appointment on tenure shall be so notified by the superinten-
    34  dent of schools in writing not later than sixty days immediately preced-
    35  ing  the  expiration  of  [his or her] their probationary period. In all
    36  city school districts subject to the provisions of this article, failure
    37  to maintain certification as required by this article and by  the  regu-
    38  lations  of the commissioner shall be cause for removal within the mean-
    39  ing of subdivision five of this section.
    40    3.  Associate  superintendents,  examiners  and  all  other  employees
    41  authorized  by  section  twenty-five hundred fifty-four of this article,
    42  except as otherwise provided in subdivision one of this  section,  shall
    43  be  appointed  by  the board of education except that in the city school
    44  districts of the cities of Buffalo, Rochester, and Syracuse, the associ-
    45  ate, assistant and district superintendents and  all  other  supervising
    46  staff  who  are excluded from the right to bargain collectively pursuant
    47  to article fourteen of the civil service law shall be appointed,  within
    48  amounts  budgeted  therefor,  by  the superintendent of such city school
    49  district. In a city having a population of one  million  or  more,  such
    50  appointments  shall  be  made  on  nomination  of  the superintendent of
    51  schools. Notwithstanding any other provision  in  this  chapter  to  the
    52  contrary,  whenever an associate superintendent of schools in the employ
    53  of the board of education in a city having a population of  one  million
    54  or  more  fails  of  reappointment,  said  person  shall  be immediately
    55  appointed an assistant superintendent of schools with permanent appoint-
    56  ment as said term permanent appointment is defined in subdivisions four,
        S. 910                              8

     1  five and six of this section. The salary of such  assistant  superinten-
     2  dent  shall  be less than the salary of an associate superintendent, but
     3  said differential in salary shall not exceed ten per centum of the annu-
     4  al  salary of an associate superintendent of schools.  When, however, an
     5  associate superintendent of schools who fails of  reappointment  has  to
     6  [his] their credit thirty or more years of city service including ten or
     7  more  years  of  service as such associate superintendent of schools, he
     8  shall suffer no reduction of salary or of pension prospects while  serv-
     9  ing as such assistant superintendent of schools.
    10    5.  (a)  At  the  expiration  of the probationary [term] period of any
    11  persons appointed for such [term] period prior to July first, two  thou-
    12  sand  fifteen, the superintendent of schools shall make a written report
    13  to the board of education recommending for permanent  appointment  those
    14  persons  who have been found competent, efficient and satisfactory. Such
    15  persons and all others employed in the teaching, service of the  schools
    16  of  a  city,  who  have  served the full probationary period, shall hold
    17  their respective positions during good behavior and efficient and compe-
    18  tent service, and shall not be removable except for cause after a  hear-
    19  ing  as  provided  by  section  three thousand twenty-a or section three
    20  thousand twenty-b of this chapter.
    21    (b) At the expiration of the probationary [term] period of any persons
    22  appointed for such [term] period on or after July  first,  two  thousand
    23  fifteen,  the  superintendent  of schools shall make a written report to
    24  the board of education  recommending  for  permanent  appointment  those
    25  persons  who  have been found competent, efficient and satisfactory and,
    26  in the case of a classroom  teacher  or  building  principal,  who  have
    27  received  [composite  annual  professional  performance  review  ratings
    28  pursuant to section three thousand twelve-c or  section  three  thousand
    29  twelve-d  of  this  chapter,  of  either  effective or highly effective]
    30  satisfactory annual reviews in at least  three  of  the  four  preceding
    31  years, exclusive of any breaks in service[; provided that, notwithstand-
    32  ing  any other provision of this section to the contrary, when a teacher
    33  or principal receives an effective and/or  highly  effective  rating  in
    34  each  year  of his or her probationary service except he or she receives
    35  an ineffective rating in the final year of his or her probationary peri-
    36  od, such teacher or principal shall not be eligible for tenure  but  the
    37  board  of  education  in its discretion, may extend the teacher's proba-
    38  tionary period for an additional year; provided, however, that  if  such
    39  teacher or principal successfully appealed such ineffective rating, such
    40  teacher  or  principal  shall  immediately be eligible for tenure if the
    41  rating resulting from the appeal established that  such  individual  has
    42  been  effective  or  highly effective in at least three of the preceding
    43  four years. At the expiration of the probationary period, the  classroom
    44  teacher  or building principal shall remain in probationary status until
    45  the end of the school year  in  which  such  teacher  or  principal  has
    46  received  such  ratings  of  effective  or highly effective for at least
    47  three of the four preceding school years, exclusive  of  any  breaks  in
    48  service  and  subject  to the terms hereof, during which time a board of
    49  education shall consider whether to grant  tenure  for  those  classroom
    50  teachers or building principals who otherwise have been found competent,
    51  efficient  and satisfactory. Provided, however, that the board of educa-
    52  tion may grant tenure contingent upon a classroom teacher's or  building
    53  principal's  receipt of a minimum rating in the final year of the proba-
    54  tionary period, pursuant to the requirements of  this  section,  and  if
    55  such  contingency  is not met after all appeals have been exhausted, the
    56  grant of tenure shall be void and unenforceable  and  the  teacher's  or
        S. 910                              9

     1  principal's  probationary period may be extended in accordance with this
     2  subdivision]. Such persons who have been recommended for tenure and  all
     3  others  employed  in  the teaching service of the schools of such school
     4  district  who  have  served  the  full probationary period [as extended]
     5  pursuant to this  subdivision  shall  hold  their  respective  positions
     6  during  good behavior and efficient and competent service, and shall not
     7  be removable except for cause after a hearing  as  provided  by  section
     8  three thousand twenty-a or section three thousand twenty-b of this chap-
     9  ter.  Failure  to maintain certification as required by this chapter and
    10  the regulations of the commissioner shall constitute cause for removal.
    11    6. (a) In a city having a population of four hundred thousand or more,
    12  at the expiration of the probationary term of any persons appointed  for
    13  such  term prior to July first, two thousand fifteen, the superintendent
    14  of schools shall make a written report to the board of education  recom-
    15  mending  for  permanent  appointment  those  persons who have been found
    16  satisfactory, and such board of education shall  immediately  thereafter
    17  issue  to  such  persons  permanent  certificates  of  appointment. Such
    18  persons and all others employed in the teaching service of  the  schools
    19  of such city, who have served the full probationary period shall receive
    20  permanent  certificates  to  teach  issued  to them by the certificating
    21  authority, except as otherwise provided in  subdivision  ten-a  of  this
    22  section,  and shall hold their respective positions during good behavior
    23  and satisfactory teaching service, and shall not be removable except for
    24  cause after a hearing as provided by section three thousand twenty-a  or
    25  section three thousand twenty-b of this chapter.
    26    (b) At the expiration of the probationary [term] period of any persons
    27  appointed  for  such  [term] period on or after July first, two thousand
    28  fifteen, the superintendent of schools shall make a  written  report  to
    29  the  board  of  education  recommending  for permanent appointment those
    30  persons who have been found competent, efficient and  satisfactory  and,
    31  in  the  case  of  a  classroom  teacher or building principal, who have
    32  received  [composite  annual  professional  performance  review  ratings
    33  pursuant  to  section  three thousand twelve-c or section three thousand
    34  twelve-d of this chapter,  of  either  effective  or  highly  effective]
    35  satisfactory  annual  reviews  in  at  least three of the four preceding
    36  years, exclusive of any breaks in service[; provided that, notwithstand-
    37  ing any other provision of this section to the contrary, when a  teacher
    38  receives an effective and/or highly effective rating in each year of his
    39  or  her  probationary  service  except he or she receives an ineffective
    40  rating in the final year of his or her probationary period, such teacher
    41  or principal shall not be eligible for tenure but the board of education
    42  in its discretion, may extend the teacher's probationary period  for  an
    43  additional  year;  provided,  however, that if such teacher or principal
    44  successfully appealed such ineffective rating, such teacher or principal
    45  shall immediately be eligible for tenure if the  rating  resulting  from
    46  the appeal established that such individual has been effective or highly
    47  effective  in  at  least  three  of the preceding four years and was not
    48  ineffective in the final year. At the  expiration  of  the  probationary
    49  period,  the  classroom  teacher  or  building principal shall remain in
    50  probationary status until the end of  the  school  year  in  which  such
    51  teacher  or  principal  has received such ratings of effective or highly
    52  effective for at least three of the four preceding school years,  exclu-
    53  sive  of  any  breaks in service and subject to the terms hereof, during
    54  which time a board of education shall consider whether to  grant  tenure
    55  for  those  classroom teachers or building principals who otherwise have
    56  been found competent, efficient  and  satisfactory.  Provided,  however,
        S. 910                             10

     1  that the board of education may grant tenure contingent upon a classroom
     2  teacher's  or  building  principal's  receipt of a minimum rating in the
     3  final year of the probationary period, pursuant to the  requirements  of
     4  this  section, and if such contingency is not met after all appeals have
     5  been exhausted, the grant of tenure shall be void and unenforceable  and
     6  the  teacher's  or  principal's  probationary  period may be extended in
     7  accordance with this subdivision]. Such persons  who  have  been  recom-
     8  mended for tenure and all others employed in the teaching service of the
     9  schools  of  such  school district who have served the full probationary
    10  period [as extended] pursuant  to  this  subdivision  shall  hold  their
    11  respective  positions  during  good behavior and efficient and competent
    12  service, and shall not be removable except for cause after a hearing  as
    13  provided  by  section  three thousand twenty-a or section three thousand
    14  twenty-b of this chapter. Failure to maintain certification as  required
    15  by this chapter and the regulations of the commissioner shall constitute
    16  cause for removal.
    17    (a)  In a city having a population of one million or more, recommenda-
    18  tions for appointment to the teaching service shall be  from  the  first
    19  three  persons  chosen  by random selection from the qualifying eligible
    20  lists prepared by the chancellor. Competitive eligible lists  in  exist-
    21  ence  at  the  time of enactment of this subdivision shall not be merged
    22  and any such lists shall be exhausted or have expired before nominations
    23  are made from a qualifying list of a subsequent date  promulgated  here-
    24  under.  Qualifying  eligible  lists  for  supervisory positions shall be
    25  merged with any subsequently promulgated lists in the same license  area
    26  so  that  there  shall  be one continuing non-expiring eligible list for
    27  each license area. No competitive eligible list shall  remain  in  force
    28  for  a longer period than four years, nor have a life of less than three
    29  years. No competitive eligible list now in  force  shall  terminate  any
    30  sooner  than  four  years from the date on which it was promulgated. The
    31  board of education, on the recommendation of the chancellor shall desig-
    32  nate, subject to the other provisions of  this  chapter,  the  kind  and
    33  grades  of  licenses  which  shall be required for service as principal,
    34  branch principal, director, supervisor or teacher of a  special  branch,
    35  head of department, assistant, school psychiatrist, school psychologist,
    36  school  medical inspector, school social worker, school social casework-
    37  er, school secretary, industrial or trade helper in vocational  schools,
    38  school  librarian,  laboratory  assistant,  or any other position of the
    39  teaching staff together with the academic  and  professional  qualifica-
    40  tions required for each kind or grade of license.  No person required to
    41  have  a  license  under  the  provisions  of this chapter in order to be
    42  employed in a position who does not have such  license  shall  have  any
    43  claim for salary, except that a person who has been assigned to teach in
    44  a  subject  or field not specifically covered in [his] their license but
    45  on the same rank or level of service shall be entitled  to  [his]  their
    46  salary.
    47    11.  In  a city [have] having a population of one million or more, the
    48  board of education, subject to  the  approval  of  the  commissioner  of
    49  education,  shall  have power to authorize the superintendent of schools
    50  to assign any teacher employed to teach any subject  or  subjects  other
    51  than  any  specific  subject for which such teacher is licensed. No such
    52  assignment shall be made unless the superintendent of schools shall have
    53  certified that such teacher is competent to teach the  assigned  subject
    54  or  subjects.  The  superintendent  of  schools with the approval of the
    55  board of education, shall have power to make rules  and  regulations  in
    56  relation  to  ascertainment  of  competency  of  teachers  to teach such
        S. 910                             11

     1  assigned subject or subjects. The assignment of a teacher to  teach  any
     2  such  assigned  subject shall not operate to change the rank or level of
     3  such teacher from that which [he or she] they  occupied  prior  to  such
     4  assignment.
     5    16.  In the city school district of the city of New York, the board of
     6  education shall ascertain prior to August first, nineteen hundred sixty,
     7  and annually  thereafter  the  number  of  appointments  which  will  be
     8  required  for the duration of not less than a term of the ensuing school
     9  year by reason of leaves of absence granted to members of  the  teaching
    10  staff  serving  on  tenure. The board shall thereupon establish and make
    11  appointments to positions of replacement teachers  in  a  number  which,
    12  including  any  such  teachers  already  serving  as a result of earlier
    13  appointment, shall be at least equal, if possible, and, if not, as near-
    14  ly as possible, to two-thirds of the minimum  number  of  such  teachers
    15  expected  to  be  absent  on leave at any one time. Such positions shall
    16  constitute a pool from which the board shall assign teachers to  replace
    17  the  teachers who are absent on leave. Appointments to such positions of
    18  replacement teachers shall be made from the appropriate  eligible  lists
    19  for  the  positions for which such replacement teachers will be required
    20  as determined by the board. Such positions of replacement teachers shall
    21  be in all respects permanent positions in the school system and  persons
    22  duly  appointed  by the board to such positions shall be entitled to the
    23  rights of tenure and retirement accruing to  persons  serving  in  other
    24  permanent  teaching  positions, except that no replacement teacher shall
    25  be entitled to the special limitation of the probationary period to  one
    26  year  provided  for certain teachers by subdivision one of this section.
    27  Upon acceptance of appointment as replacement teacher, the name of  each
    28  such  appointee shall be placed on a preferred eligible list as a candi-
    29  date for appointment to any permanent teaching  position  for  which  he
    30  holds  a valid license and such candidates shall be entitled to appoint-
    31  ment from such preferred eligible list in order of  their  placement  on
    32  such list. At any time when the total number of positions of replacement
    33  teacher  in  such  pool exceeds the total number of teachers who will be
    34  absent on leave for the ensuing term of school, the  board  may  abolish
    35  positions  in such pool which are in excess of the number of teachers to
    36  be absent on leave as aforesaid, or may use replacement teachers in such
    37  pool instead of substitute teachers to replace teachers who  are  absent
    38  for  shorter  periods  than  one term. Whenever a particular replacement
    39  teacher cannot be used to replace any teacher who is absent on leave for
    40  a full term, [he] they may similarly be used to replace teachers who are
    41  absent for shorter periods. Nothing herein contained shall be  construed
    42  as  preventing the appointment of regular substitute teachers to replace
    43  teachers absent on leave  when  no  persons  holding  positions  created
    44  pursuant to this subdivision are available for such replacement.
    45    17.  In  the city school district of the city of Buffalo, the board of
    46  education shall, within sixty days of the effective date of this  subdi-
    47  vision  and  annually  prior  to  August  first of each year thereafter,
    48  ascertain the number of appointments which  will  be  required  for  the
    49  duration of not less than a term of the ensuing school year by reason of
    50  leaves  of  absence  granted to members of the teaching staff serving on
    51  tenure. The board shall thereupon establish  and  make  appointments  to
    52  positions  of replacement teachers in a number which, including any such
    53  teachers already serving as a result of earlier  appointment,  shall  be
    54  equal, if possible, or as nearly as possible, to two-thirds of the mini-
    55  mum  number  of  such teachers expected to be absent on leave at any one
    56  time. Such positions shall constitute a pool from which the board  shall
        S. 910                             12

     1  assign  teachers  to replace the teachers who are absent on leave.  Such
     2  positions of replacement teachers shall be  in  all  respects  permanent
     3  positions  in  the school system and persons duly appointed by the board
     4  to  such positions shall be entitled to the rights of tenure and retire-
     5  ment accruing to persons serving in other permanent teaching  positions,
     6  except  that  no  replacement  teacher  shall be entitled to the special
     7  limitation of the probationary period to one year provided  for  certain
     8  teachers by subdivision one of this section. Upon acceptance of appoint-
     9  ment  as  replacement  teacher, the name of each such appointee shall be
    10  placed on a preferred eligible list as a candidate  for  appointment  to
    11  any  permanent teaching position for which [he or she holds] they hold a
    12  valid license and such candidates shall be entitled to appointment  from
    13  such  preferred  eligible list in order of their placement on such list.
    14  At any time when the total number of positions of replacement teacher in
    15  such pool exceeds the total number of teachers who  will  be  absent  on
    16  leave for the ensuing term of school, the board may abolish positions in
    17  such  pool which are in excess of the number of teachers to be absent on
    18  leave as aforesaid, or may use replacement teachers in such pool instead
    19  of substitute teachers to replace teachers who are  absent  for  shorter
    20  periods  than one term. Whenever a particular replacement teacher cannot
    21  be used to replace any teacher who is absent on leave for a  full  term,
    22  [he  or  she]  they  may  similarly  be used to replace teachers who are
    23  absent for shorter periods. Nothing herein contained shall be  construed
    24  as  preventing the appointment of regular substitute teachers to replace
    25  teachers absent on leave  when  no  persons  holding  positions  created
    26  pursuant to this subdivision are available for such replacement.
    27    §  3.  Section  3012  of the education law, as amended by section 4 of
    28  subpart D of part EE of chapter 56 of the laws of 2015, subparagraph  ii
    29  of  paragraph (b) of subdivision 1 as amended by chapter 345 of the laws
    30  of 2019, is amended to read as follows:
    31    § 3012. Tenure: certain school districts. 1. (a) i. Teachers  and  all
    32  other  members  of  the  teaching  staff  of school districts, including
    33  common school districts and/or school  districts  employing  fewer  than
    34  eight  teachers,  other  than  city  school districts, who are appointed
    35  prior to July first, two thousand fifteen, shall  be  appointed  by  the
    36  board of education, or the trustees of common school districts, upon the
    37  recommendation  of  the  superintendent  of  schools, for a probationary
    38  period of three years, except that in the case  of  a  teacher  who  has
    39  rendered satisfactory service as a regular substitute for a period of up
    40  to two years or as a seasonally licensed per session teacher of swimming
    41  in day schools who has served in that capacity for a period of up to two
    42  years  and  has been appointed to teach the same subject in day schools,
    43  on an annual salary, the probationary period shall be  [limited  to  one
    44  year]  reduced proportionately based upon the length of the satisfactory
    45  service; provided, however, that in the case of a teacher who  has  been
    46  appointed  on  tenure  in  another school district within the state, the
    47  school district where currently employed,  or  a  board  of  cooperative
    48  educational  services,  and  who was not dismissed from such district or
    49  board as a result of charges brought  pursuant  to  subdivision  one  of
    50  section  three  thousand  twenty-a or section three thousand twenty-b of
    51  this article, the probationary period shall not exceed  two  years.  The
    52  service  of a person appointed to any [of] such positions may be discon-
    53  tinued at any time during such probationary period, on  the  recommenda-
    54  tion  of  the superintendent of schools, by a majority vote of the board
    55  of education or the trustees of a common school district.
        S. 910                             13

     1    ii. Teachers and all other members of the  teaching  staff  of  school
     2  districts,  including  common  school  districts and/or school districts
     3  employing fewer than eight teachers, other than city  school  districts,
     4  who are appointed on or after July first, two thousand fifteen, shall be
     5  appointed  by  the  board of education, or the trustees of common school
     6  districts, upon the recommendation of the superintendent of schools, for
     7  a probationary period of four years, except that in the case of a teach-
     8  er who has rendered satisfactory service as a regular substitute  for  a
     9  period  of two years and, if a classroom teacher, has received satisfac-
    10  tory annual [professional performance review ratings] reviews in each of
    11  those years, or  has  rendered  satisfactory  service  as  a  seasonally
    12  licensed  per  session teacher of swimming in day schools who has served
    13  in that capacity for a period of up to two years and has been  appointed
    14  to  teach  the  same  subject  in  day schools, on an annual salary, the
    15  teacher shall be appointed [for] to a probationary period [of two years]
    16  reduced proportionately  based  upon  the  length  of  the  satisfactory
    17  service;  provided,  however, that in the case of a teacher who has been
    18  appointed on tenure in another school district  within  the  state,  the
    19  school  district  where  currently  employed,  or a board of cooperative
    20  educational services, and who was not dismissed from  such  district  or
    21  board  as  a  result  of  charges brought pursuant to subdivision one of
    22  section three thousand twenty-a or section three  thousand  twenty-b  of
    23  this  article,  the teacher shall be appointed for a probationary period
    24  of three years; provided that, in the case of a classroom  teacher,  the
    25  teacher  demonstrates  that [he or she] they received [an annual profes-
    26  sional performance] a satisfactory review [rating  pursuant  to  section
    27  three thousand twelve-c or section three thousand twelve-d of this chap-
    28  ter]  in  [his  or her] their final year of service in such other school
    29  district or board of cooperative educational services. The service of  a
    30  person  appointed  to  any  of such positions may be discontinued at any
    31  time during such probationary  period,  on  the  recommendation  of  the
    32  superintendent  of schools, by a majority vote of the board of education
    33  or the trustees of a common school district.
    34    (b) i. Principals, administrators, supervisors and all  other  members
    35  of  the  supervising  staff of school districts, including common school
    36  districts and/or school districts employing fewer than  eight  teachers,
    37  other than city school districts, who are appointed prior to July first,
    38  two  thousand  fifteen, shall be appointed by the board of education, or
    39  the trustees of a common school district, upon the recommendation of the
    40  superintendent of schools for a probationary period of three years.  The
    41  service of a person appointed to any of such positions may be discontin-
    42  ued  at any time during the probationary period on the recommendation of
    43  the superintendent of schools, by a majority vote of the board of educa-
    44  tion or the trustees of a common school district.
    45    ii. Principals, administrators, supervisors and all other  members  of
    46  the  supervising  staff  of  school  districts,  including common school
    47  districts and/or school districts employing fewer than  eight  teachers,
    48  other  than  city  school  districts, who are appointed on or after July
    49  first, two thousand fifteen, shall be appointed by the board  of  educa-
    50  tion,  or the trustees of a common school district, upon the recommenda-
    51  tion of the superintendent of schools for a probationary period of  four
    52  years;  provided,  however, that in the case of a principal, administra-
    53  tor, supervisor, or other member of the supervising staff who  has  been
    54  appointed  on tenure pursuant to this chapter as an administrator within
    55  an authorized administrative tenure  area  in  another  school  district
    56  within  the  state,  the  school district where currently employed, or a
        S. 910                             14

     1  board of cooperative educational services, and  who  was  not  dismissed
     2  from  such  district or board as a result of charges brought pursuant to
     3  subdivision one of section three  thousand  twenty-a  or  section  three
     4  thousand  twenty-b of this article, the principal, administrator, super-
     5  visor or other member of the supervising staff shall be appointed for  a
     6  probationary period of three years. The service of a person appointed to
     7  any  of such positions may be discontinued at any time during the proba-
     8  tionary period on the recommendation of the superintendent  of  schools,
     9  by a majority vote of the board of education or the trustees of a common
    10  school district.
    11    (c) Any person previously appointed to tenure or a probationary period
    12  pursuant  to the provisions of former section three thousand thirteen of
    13  this article shall continue to hold such position and be governed by the
    14  provisions of this section notwithstanding  any  contrary  provision  of
    15  law.
    16    2.  (a) Teachers and all other members of the teaching staff of school
    17  districts, including common school  districts  and/or  school  districts
    18  employing  fewer  than eight teachers, other than city school districts,
    19  who are appointed on or after July first, two thousand twenty-one, shall
    20  be appointed by the board of education, or the trustees of common school
    21  districts, upon the recommendation of the superintendent of schools, for
    22  a probationary period of three years, except  that  in  the  case  of  a
    23  teacher  who  has  rendered satisfactory service as a regular substitute
    24  for a period of up to  two  years  and,  if  a  classroom  teacher,  has
    25  received  satisfactory  annual  reviews  in  each of those years, or has
    26  rendered satisfactory service  as  a  seasonally  licensed  per  session
    27  teacher of swimming in day schools who has served in that capacity for a
    28  period  of  up  to  two  years  and has been appointed to teach the same
    29  subject in day schools, on an  annual  salary,  such  teacher  shall  be
    30  appointed  for  a probationary period reduced proportionately based upon
    31  the length of the satisfactory service; provided, however, that  in  the
    32  case  of  a  teacher  who has been appointed on tenure in another school
    33  district within the state, the school district where currently employed,
    34  or a  board  of  cooperative  educational  services,  and  who  was  not
    35  dismissed  from  such  district  or board as a result of charges brought
    36  pursuant to subdivision  one  of  section  three  thousand  twenty-a  or
    37  section  three  thousand twenty-b of this article, such teacher shall be
    38  appointed for a probationary period of two years; provided that, in  the
    39  case of a classroom teacher, the teacher demonstrates that they received
    40  a  satisfactory  review  in  their  final  year of service in such other
    41  school district  or  board  of  cooperative  educational  services.  The
    42  service  of a person appointed to any such positions may be discontinued
    43  at any time during such probationary period, on  the  recommendation  of
    44  the superintendent of schools, by a majority vote of the board of educa-
    45  tion or the trustees of a common school district.
    46    (b)  Principals,  administrators, supervisors and all other members of
    47  the supervising staff  of  school  districts,  including  common  school
    48  districts  and/or  school districts employing fewer than eight teachers,
    49  other than city school districts, who are appointed  on  or  after  July
    50  first,  two  thousand  twenty-one,  shall  be  appointed by the board of
    51  education, or the trustees of a common school district, upon the  recom-
    52  mendation  of the superintendent of schools for a probationary period of
    53  three years. The service of a person appointed to any such positions may
    54  be discontinued at any time during the probationary period on the recom-
    55  mendation of the superintendent of schools, by a majority  vote  of  the
    56  board of education or the trustees of a common school district.
        S. 910                             15

     1    3. (a) At the expiration of the probationary [term] period of a person
     2  appointed  for  such  [term]  period  prior  to July first, two thousand
     3  fifteen, subject to the conditions of this section,  the  superintendent
     4  of  schools shall make a written report to the board of education or the
     5  trustees  of  a  common  school district recommending for appointment on
     6  tenure those persons who have been found competent, efficient and satis-
     7  factory. Such persons, and all others employed in the  teaching  service
     8  of  the  schools  of  such  union  free  school  district, common school
     9  district and/or school district employing fewer than eight teachers, who
    10  have served the probationary period as provided in this  section,  shall
    11  hold  their  respective positions during good behavior and efficient and
    12  competent service, and shall not  be  removed  except  for  any  of  the
    13  following causes, after a hearing, as provided by section three thousand
    14  twenty-a  or section three thousand twenty-b of this article: (a) insub-
    15  ordination, immoral character or conduct unbecoming a teacher; (b) inef-
    16  ficiency, incompetency, physical or mental  disability,  or  neglect  of
    17  duty;  (c) failure to maintain certification as required by this chapter
    18  and by the regulations of the commissioner. Each person who is not to be
    19  recommended for appointment on tenure,  shall  be  so  notified  by  the
    20  superintendent  of  schools  in  writing not later than sixty days imme-
    21  diately preceding the expiration of [his] the probationary period.
    22    (b) At the expiration of the probationary [term] period  of  a  person
    23  appointed  for  such  [term] period on or after July first, two thousand
    24  fifteen, subject to the conditions of this section,  the  superintendent
    25  of  schools shall make a written report to the board of education or the
    26  trustees of a common school district  recommending  for  appointment  on
    27  tenure those persons who have been found competent, efficient and satis-
    28  factory  and,  in the case of a classroom teacher or building principal,
    29  who have received [composite] satisfactory annual [professional perform-
    30  ance review ratings pursuant  to  section  three  thousand  twelve-c  or
    31  section  three thousand twelve-d of this article, of either effective or
    32  highly effective] reviews in at least three of the four preceding years,
    33  exclusive of any breaks in service[; provided that, notwithstanding  any
    34  other provision of this section to the contrary, when a teacher or prin-
    35  cipal  receives  an effective or highly effective rating in each year of
    36  his or her probationary service except he or she receives an ineffective
    37  rating in the final year of his or her probationary period, such teacher
    38  shall not be eligible for tenure but the  board  of  education,  in  its
    39  discretion,  may  extend  the teacher's probationary period for an addi-
    40  tional year; provided,  however,  that  if  such  teacher  or  principal
    41  successfully appealed such ineffective rating, such teacher or principal
    42  shall  immediately  be  eligible for tenure if the rating resulting from
    43  the appeal established that such individual has been effective or highly
    44  effective in at least three of the preceding  four  years  and  was  not
    45  ineffective  in  the  final  year. At the expiration of the probationary
    46  period, the classroom teacher or  building  principal  shall  remain  in
    47  probationary  status  until  the  end  of  the school year in which such
    48  teacher or principal has received such ratings of  effective  or  highly
    49  effective  for at least three of the four preceding school years, exclu-
    50  sive of any breaks in service, and subject to the terms  hereof,  during
    51  which  time the trustees or board of education shall consider whether to
    52  grant tenure for those classroom teachers  or  building  principals  who
    53  otherwise   have  been  found  competent,  efficient  and  satisfactory.
    54  Provided, however, that the trustees or board  of  education  may  grant
    55  tenure  contingent  upon  a  classroom teacher's or building principal's
    56  receipt of a minimum rating in the final year of the probationary  peri-
        S. 910                             16

     1  od, pursuant to the requirements of this section, and if such contingen-
     2  cy is not met after all appeals have been exhausted, the grant of tenure
     3  shall  be void and unenforceable and the teacher's or principal's proba-
     4  tionary  period  may  be  extended in accordance with this subdivision].
     5  Such persons who  have  been  recommended  for  tenure  and  all  others
     6  employed  in the teaching service of the schools of such school district
     7  who have served the full probationary period [as extended]  pursuant  to
     8  this  subdivision  shall  hold  their  respective  positions during good
     9  behavior and efficient and competent service, and shall not be removable
    10  except for cause after a hearing as provided by section  three  thousand
    11  twenty-a  or section three thousand twenty-b of this article. Failure to
    12  maintain certification as required by this chapter and  the  regulations
    13  of the commissioner shall constitute cause for removal.
    14    [3.]  4. Notwithstanding any other provision of this section no period
    15  in any school year for which there is no  required  service  and/or  for
    16  which  no compensation is provided shall in any event constitute a break
    17  or suspension of probationary period or continuity of tenure  rights  of
    18  any of the persons hereinabove described.
    19    §  4.  Section  3014  of the education law, as amended by section 5 of
    20  subpart D of part EE of chapter 56 of the laws of 2015, paragraph (b) of
    21  subdivision 1 as amended by chapter 345 of the laws of 2019, is  amended
    22  to read as follows:
    23    § 3014. Tenure:  boards  of  cooperative  educational services. 1. (a)
    24  Administrative assistants, supervisors, teachers and all  other  members
    25  of the teaching and supervising staff of the board of cooperative educa-
    26  tional  services  appointed  prior  to July first, two thousand fifteen,
    27  shall be appointed by a majority vote of the board of cooperative educa-
    28  tional services upon the recommendation of the  district  superintendent
    29  of  schools  for  a  probationary period [of] not to exceed three years;
    30  provided, however, that in the case of a teacher who has been  appointed
    31  on  tenure  in  a school district within the state, the board of cooper-
    32  ative educational services where currently employed, or another board of
    33  cooperative educational services, and who was not  dismissed  from  such
    34  district or board as a result of charges brought pursuant to subdivision
    35  one  of  section three thousand twenty-a or section three thousand twen-
    36  ty-b of this article, the  probationary  period  shall  not  exceed  two
    37  years.  Services  of  a person so appointed to any such positions may be
    38  discontinued at any time  during  such  probationary  period,  upon  the
    39  recommendation of the district superintendent, by a majority vote of the
    40  board of cooperative educational services.
    41    (b)  Administrative  assistants,  supervisors,  teachers and all other
    42  members of the teaching and supervising staff of the  board  of  cooper-
    43  ative  educational  services appointed on or after July first, two thou-
    44  sand fifteen, shall be appointed by a majority  vote  of  the  board  of
    45  cooperative educational services upon the recommendation of the district
    46  superintendent  of  schools for a probationary period [of] not to exceed
    47  four years; provided, however, that in the case of  a  teacher  who  has
    48  been  appointed  on  tenure  in  a school district within the state, the
    49  board of cooperative educational services where currently  employed,  or
    50  another  board  of  cooperative  educational  services,  and who was not
    51  dismissed from such district or board as a  result  of  charges  brought
    52  pursuant  to  section  three thousand twenty-a or section three thousand
    53  twenty-b of this article, the teacher shall be appointed  for  a  proba-
    54  tionary period of three years; provided that, in the case of a classroom
    55  teacher,  the  teacher  demonstrates  that  [he  or she] they received a
    56  [composite]  satisfactory  annual  [professional   performance]   review
        S. 910                             17

     1  [rating  pursuant  to  section three thousand twelve-c or three thousand
     2  twelve-d of this article of either effective  or  highly  effective]  in
     3  [his  or  her] their final year of service in such other school district
     4  or  board of cooperative educational services; and provided further that
     5  in the case of a principal, administrator, supervisor, or  other  member
     6  of  the  supervising  staff who has been appointed on tenure pursuant to
     7  this chapter as an administrator  within  an  authorized  administrative
     8  tenure  area  in  another  school  district within the state, the school
     9  district where currently employed, or a board of cooperative educational
    10  services, and who was not dismissed from such district  or  board  as  a
    11  result  of  charges brought pursuant to subdivision one of section three
    12  thousand twenty-a or section three thousand twenty-b  of  this  article,
    13  the  principal, administrator, supervisor, or other member of the super-
    14  vising staff shall be appointed  for  a  probationary  period  of  three
    15  years.  Services of a person so appointed to any such positions to which
    16  this paragraph applies may be discontinued at any time during the proba-
    17  tionary period, upon the recommendation of the district  superintendent,
    18  by a majority vote of the board of cooperative educational services.
    19    (c)  Administrative  assistants,  supervisors,  teachers and all other
    20  members of the teaching and supervising staff of the  board  of  cooper-
    21  ative  educational  services appointed on or after July first, two thou-
    22  sand twenty-one, shall be appointed by a majority vote of the  board  of
    23  cooperative educational services upon the recommendation of the district
    24  superintendent  of schools for a probationary period not to exceed three
    25  years; provided, however, that in the case of a  teacher  who  has  been
    26  appointed  on tenure in a school district within the state, the board of
    27  cooperative educational services where currently  employed,  or  another
    28  board  of  cooperative  educational  services, and who was not dismissed
    29  from such district or board as a result of charges brought  pursuant  to
    30  section  three  thousand  twenty-a or section three thousand twenty-b of
    31  this article, such teacher shall be appointed for a probationary  period
    32  of  two  years;  provided that, in the case of a classroom teacher, such
    33  teacher demonstrates that they received a satisfactory annual review  in
    34  their  final  year  of service in such other school district or board of
    35  cooperative educational services. Services of a person so  appointed  to
    36  any  such  positions  may be discontinued at any time during such proba-
    37  tionary period, upon the recommendation of the district  superintendent,
    38  by a majority vote of the board of cooperative educational services.
    39    2.  (a)  On or before the expiration of the probationary [term] period
    40  of a person appointed for such [term] period prior to  July  first,  two
    41  thousand  fifteen,  the  district superintendent of schools shall make a
    42  written report to the board of cooperative educational  services  recom-
    43  mending for appointment on tenure persons who have been found competent,
    44  efficient  and  satisfactory.  Such  persons shall hold their respective
    45  positions during good behavior and competent and efficient  service  and
    46  shall  not  be  removed  except for any of the following causes, after a
    47  hearing, as provided by section three thousand twenty-a or section three
    48  thousand twenty-b of this article: (i) Insubordination, immoral  charac-
    49  ter or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or
    50  neglect  of duty; (iii) Failure to maintain certification as required by
    51  this chapter and by the regulations of the commissioner. Each person who
    52  is not to be so recommended for appointment on tenure shall be so  noti-
    53  fied in writing by the district superintendent not later than sixty days
    54  immediately  preceding the expiration of [his or her] their probationary
    55  period.
        S. 910                             18

     1    (b) On or before the expiration of the probationary [term] period of a
     2  person appointed for such [term] period on  or  after  July  first,  two
     3  thousand  fifteen,  the  district superintendent of schools shall make a
     4  written report to the board of cooperative educational  services  recom-
     5  mending for appointment on tenure persons who have been found competent,
     6  efficient  and  satisfactory  and, in the case of a classroom teacher or
     7  building principal, who have received [composite]  annual  [professional
     8  performance  review  ratings pursuant to section three thousand twelve-c
     9  or section three thousand twelve-d of this article, of either  effective
    10  or  highly  effective  in  at  least three of the four preceding years,]
    11  reviews in at least three of the four preceding years, exclusive of  any
    12  breaks  in  service[; provided that, notwithstanding any other provision
    13  of this section to the contrary, when a teacher or principal receives an
    14  effective or highly effective rating in each year of his or  her  proba-
    15  tionary  service  except he or she receives an ineffective rating in the
    16  final year of his or her probationary period, such teacher shall not  be
    17  eligible  for  tenure  but the board of education in its discretion, may
    18  extend  the  teacher's  probationary  period  for  an  additional  year;
    19  provided,  however  that  if  such  teacher  or  principal  successfully
    20  appealed such ineffective rating, such teacher or principal shall  imme-
    21  diately  be  eligible for tenure if the rating resulting from the appeal
    22  established that such individual has been effective or highly  effective
    23  in at least three of the preceding four years and was not ineffective in
    24  the final year. At the expiration of the probationary period, the class-
    25  room  teacher  or building principal shall remain in probationary status
    26  until the end of the school year in which such teacher or principal  has
    27  received  such  ratings  of  effective  or highly effective for at least
    28  three of the four preceding school years, exclusive  of  any  breaks  in
    29  service,  during  which time a board of cooperative educational services
    30  shall consider whether to grant tenure for those classroom  teachers  or
    31  building  principals  who otherwise have been found competent, efficient
    32  and satisfactory. Provided,  however,  that  the  board  of  cooperative
    33  educational services may grant tenure contingent upon a classroom teach-
    34  er's  or  building  principal's receipt of a minimum rating in the final
    35  year of the probationary period, pursuant to the  requirements  of  this
    36  section,  and if such contingency is not met after all appeals have been
    37  exhausted, the grant of tenure shall be void and unenforceable  and  the
    38  teacher's  or principal's probationary period may be extended in accord-
    39  ance with this subdivision]. Such persons shall  hold  their  respective
    40  positions  during  good behavior and competent and efficient service and
    41  shall not be removed except for any of the  following  causes,  after  a
    42  hearing, as provided by section three thousand twenty-a or section three
    43  thousand  twenty-b of this article: (i) Insubordination, immoral charac-
    44  ter or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or
    45  neglect of duty; (iii) Failure to maintain certification as required  by
    46  this chapter and by the regulations of the commissioner. Each person who
    47  is  not to be so recommended for appointment on tenure shall be so noti-
    48  fied in writing by the district superintendent not later than sixty days
    49  immediately preceding the expiration of [his or  her]  the  probationary
    50  period.
    51    § 5. This act shall take effect immediately.