Bill Text: NY S04007 | 2019-2020 | General Assembly | Introduced

New York Senate Bill 4007 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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 [S04007 Detail]

Download: New_York-2019-S04007-Introduced.html

                STATE OF NEW YORK
        ________________________________________________________________________
                                          4007
                               2019-2020 Regular Sessions
                    IN SENATE
                                    February 25, 2019
                                       ___________
        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 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 in another school district  within  the  state,
    15  the  school district where currently employed, or a board of cooperative
    16  educational services, and who was not dismissed from  such  district  or
    17  board  as  a  result  of  charges brought pursuant to subdivision one of
    18  section three thousand twenty-a or section three  thousand  twenty-b  of
    19  this  chapter,  the principal, administrator, supervisor or other member
    20  of the supervising staff shall be appointed for a probationary period of
    21  three years.  The service of a person appointed to any of such positions
    22  may be discontinued at any time during the probationary  period  on  the
    23  recommendation  of  the superintendent of schools, by a majority vote of
    24  the board of education.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10116-01-9

        S. 4007                             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 in another school district  within  the  state,  the
    16  school  district  where  currently  employed,  or a board of cooperative
    17  educational services, and who was not dismissed from  such  district  or
    18  board  as  a  result  of  charges brought pursuant to subdivision one of
    19  section three thousand twenty-a or section three  thousand  twenty-b  of
    20  this  chapter,  the principal, administrator, supervisor or other member
    21  of the supervising staff shall be appointed for a probationary period of
    22  three years.  The service of a person appointed to any of such positions
    23  may be discontinued at any time during the probationary  period  on  the
    24  recommendation  of  the superintendent of schools, by a majority vote of
    25  the board of education.
    26    § 3. Subparagraph ii of paragraph (b) of subdivision 1 of section 3012
    27  of the education law, as added by section 4 of subpart D of part  EE  of
    28  chapter 56 of the laws of 2015, is amended to read as follows:
    29    ii.  Principals,  administrators, supervisors and all other members of
    30  the supervising staff  of  school  districts,  including  common  school
    31  districts  and/or  school districts employing fewer than eight teachers,
    32  other than city school districts, who are appointed  on  or  after  July
    33  first,  two  thousand fifteen, shall be appointed by the board of educa-
    34  tion, or the trustees of a common school district, upon the  recommenda-
    35  tion  of the superintendent of schools for a probationary period of four
    36  years; provided, however, that in the case of a  principal,  administra-
    37  tor,  supervisor,  or other member of the supervising staff who has been
    38  appointed on tenure in another school district  within  the  state,  the
    39  school  district  where  currently  employed,  or a board of cooperative
    40  educational services, and who was not dismissed from  such  district  or
    41  board  as  a  result  of  charges brought pursuant to subdivision one of
    42  section three thousand twenty-a or section three  thousand  twenty-b  of
    43  this  title, the principal, administrator, supervisor or other member of
    44  the supervising staff shall be appointed for a  probationary  period  of
    45  three years.  The service of a person appointed to any of such positions
    46  may  be  discontinued  at any time during the probationary period on the
    47  recommendation of the superintendent of schools, by a majority  vote  of
    48  the board of education or the trustees of a common school district.
    49    §  4.  Paragraph (b) of subdivision 1 of section 3014 of the education
    50  law, as added by section 5 of subpart D of part EE of chapter 56 of  the
    51  laws of 2015, is amended to read as follows:
    52    (b)  Administrative  assistants,  supervisors,  teachers and all other
    53  members of the teaching and supervising staff of the  board  of  cooper-
    54  ative  educational  services appointed on or after July first, two thou-
    55  sand fifteen, shall be appointed by a majority  vote  of  the  board  of
    56  cooperative educational services upon the recommendation of the district

        S. 4007                             3
     1  superintendent  of  schools  for  a probationary period of not to exceed
     2  four years; provided, however, that in the case of a  teacher,  adminis-
     3  trator,  or  supervisory  staff  who  has  been appointed on tenure in a
     4  school  district  within the state, the board of cooperative educational
     5  services where currently  employed,  or  another  board  of  cooperative
     6  educational  services,  and  who was not dismissed from such district or
     7  board as a result of charges brought pursuant to section three  thousand
     8  twenty-a  or  section  three  thousand  twenty-b  of  this  article, the
     9  teacher, administrator, or supervisory staff shall be  appointed  for  a
    10  probationary  period  of  three  years;  provided that, in the case of a
    11  classroom teacher, administrator, or supervisory  staff,  the  [teacher]
    12  individual  demonstrates  that  he  or  she  received a composite annual
    13  professional performance review rating pursuant to section  three  thou-
    14  sand  twelve-c  or  three  thousand  twelve-d  of this chapter of either
    15  effective or highly effective in his or her final  year  of  service  in
    16  such other school district or board of cooperative educational services.
    17  Services  of  a person so appointed to any such positions may be discon-
    18  tinued at any time during such probationary period, upon the recommenda-
    19  tion of the district superintendent, by a majority vote of the board  of
    20  cooperative educational services.
    21    §  5.  This act shall take effect June 1, 2020 and shall apply only to
    22  individuals beginning their probationary periods on or after such date.