Bill Text: NY S08276 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to annual professional performance reviews and tenure; makes an exception for individuals who did not receive an annual performance review rating during the 2019-2020, 2020-2021 and the 2021-2022 school years; allows for them to receive tenure if the individual would have been qualified if they had received such performance review.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Passed) 2022-05-13 - SIGNED CHAP.201 [S08276 Detail]
Download: New_York-2021-S08276-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8276--A Cal. No. 509 IN SENATE February 8, 2022 ___________ Introduced by Sens. MAYER, KENNEDY, MANNION, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading AN ACT to amend the education law, in relation to annual professional performance reviews and tenure 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 (a) of subdivision 1 of 2 section 3012 of the education law, as amended by chapter 112 of the laws 3 of 2021, is amended to read as follows: 4 ii. Teachers and all other members of the teaching staff of school 5 districts, including common school districts and/or school districts 6 employing fewer than eight teachers, other than city school districts, 7 who are appointed on or after July first, two thousand fifteen, shall be 8 appointed by the board of education, or the trustees of common school 9 districts, upon the recommendation of the superintendent of schools, for 10 a probationary period of four years, except that in the case of a teach- 11 er who has rendered satisfactory service as a regular substitute for a 12 period of two years and, if a classroom teacher, has received annual 13 professional performance review ratings in each of those years, or has 14 rendered satisfactory service as a seasonally licensed per session 15 teacher of swimming in day schools who has served in that capacity for a 16 period of two years and has been appointed to teach the same subject in 17 day schools, on an annual salary, the teacher shall be appointed for a 18 probationary period of two years; provided, however, that in the case of 19 a teacher who has been appointed on tenure in another school district 20 within the state, the school district where currently employed, or a 21 board of cooperative educational services, and who was not dismissed 22 from such district or board as a result of charges brought pursuant to 23 subdivision one of section three thousand twenty-a or section three 24 thousand twenty-b of this article, the teacher shall be appointed for a 25 probationary period of three years; provided that, in the case of a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14633-05-2S. 8276--A 2 1 classroom teacher, the teacher demonstrates that he or she received an 2 annual professional performance review rating pursuant to section three 3 thousand twelve-c or section three thousand twelve-d of this chapter in 4 his or her final year of service in such other school district or board 5 of cooperative educational services. Provided further, however, that in 6 the case of a teacher who has been appointed for a probationary period 7 during the two thousand twenty--two thousand twenty-one, the two thou- 8 sand twenty one--two thousand twenty-two or the two thousand twenty-two- 9 -two thousand twenty-three school year and who has been appointed on 10 tenure in another school district within the state, the school district 11 where currently employed, board of cooperative educational services or 12 state school for the blind or deaf and who was not dismissed from such 13 district, board or state school for the blind or deaf as a result of 14 charges brought pursuant to subdivision one of section three thousand 15 twenty-a or section three thousand twenty-b of this article, such teach- 16 er shall be appointed for a probationary period of three years; provided 17 that, in the case of a classroom teacher, such teacher demonstrates that 18 he or she received an annual professional performance review rating 19 pursuant to section three thousand twelve-c or section three thousand 20 twelve-d of this article in the two thousand seventeen--two thousand 21 eighteen or two thousand eighteen--two thousand nineteen school year in 22 such other school district, board of cooperative educational services or 23 state school for the blind or deaf. The service of a person appointed to 24 any of such positions may be discontinued at any time during such proba- 25 tionary period, on the recommendation of the superintendent of schools, 26 by a majority vote of the board of education or the trustees of a common 27 school district. 28 § 2. Paragraph (b) of subdivision 2 of section 3012 of the education 29 law, as amended by chapter 147 of the laws of 2021, is amended to read 30 as follows: 31 (b) At the expiration of the probationary term of a person appointed 32 for such term on or after July first, two thousand fifteen, subject to 33 the conditions of this section, the superintendent of schools shall make 34 a written report to the board of education or the trustees of a common 35 school district recommending for appointment on tenure those persons who 36 have been found competent, efficient and satisfactory and, in the case 37 of a classroom teacher or building principal, who have received compos- 38 ite annual professional performance review ratings pursuant to section 39 three thousand twelve-c or section three thousand twelve-d of this arti- 40 cle, of either effective or highly effective in at least three of the 41 four preceding years, exclusive of any breaks in service; provided that 42 in the case of a classroom teacher or building principal appointed 43 during the two thousand seventeen--two thousand eighteen[, two thousand44eighteen--two thousand nineteen or two thousand nineteen--two thousand45twenty] or two thousand twenty--two thousand twenty-one school year, who 46 have received composite annual professional performance review ratings 47 pursuant to section three thousand twelve-c or section three thousand 48 twelve-d of this article, of either effective or highly effective in at 49 least one of the four preceding years, exclusive of any breaks in 50 service, and did not receive an ineffective rating in the final year of 51 his or her probationary period, or during the most recent school year 52 where a rating was received, and would have been in the superintendent 53 of schools' discretion qualified for appointment on tenure based upon 54 performance, notwithstanding that his or her annual professional 55 performance review had not been completed and he or she had not received 56 an annual professional performance rating for the two thousand nine-S. 8276--A 3 1 teen--two thousand twenty [and], two thousand twenty--two thousand twen- 2 ty-one or the two thousand twenty-one--two thousand twenty-two school 3 [years] year; provided that, in the case of a classroom teacher or 4 building principal appointed during the two thousand eighteen--two thou- 5 sand nineteen or two thousand nineteen--two thousand twenty school year, 6 who has not received composite annual professional performance review 7 ratings pursuant to section three thousand twelve-c or section three 8 thousand twelve-d of this article for three consecutive years, no 9 ratings shall be required for the superintendent of schools to recommend 10 for appointment on tenure such teacher or building principal if the 11 teacher or principal would have been, in the superintendent of schools' 12 discretion, qualified for appointment on tenure based upon performance, 13 notwithstanding that his or her annual professional performance review 14 had not been completed and he or she had not received an annual profes- 15 sional performance review rating for the two thousand nineteen--two 16 thousand twenty, two thousand twenty--two thousand twenty-one and two 17 thousand twenty-one--two thousand twenty-two school years; provided that 18 in the case of a classroom teacher or building principal appointed 19 during the two thousand [twenty] twenty-one--two thousand [twenty-one] 20 twenty-two school year who have received composite annual professional 21 performance review ratings pursuant to section three thousand twelve-c 22 or section three thousand twelve-d of this article of either effective 23 or highly effective in at least two of the four preceding years, exclu- 24 sive of any breaks in service, and did not receive an ineffective rating 25 in the final year of his or her probationary period, or during the most 26 recent school year where a rating was received, and would have been in 27 the superintendent of schools' discretion qualified for appointment on 28 tenure based upon performance, notwithstanding that his or her annual 29 professional performance review had not been completed and he or she had 30 not received an annual professional performance rating for the two thou- 31 sand twenty--two thousand twenty-one or two thousand twenty-one--two 32 thousand twenty-two school year; provided further that, notwithstanding 33 any other provision of this section to the contrary, when a teacher or 34 principal receives an effective or highly effective rating in each year 35 of his or her probationary service except he or she receives an ineffec- 36 tive rating in the final year of his or her probationary period, such 37 teacher shall not be eligible for tenure but the board of education, in 38 its discretion, may extend the teacher's probationary period for an 39 additional year; provided, however, that if such teacher or principal 40 successfully appealed such ineffective rating, such teacher or principal 41 shall immediately be eligible for tenure if the rating resulting from 42 the appeal established that such individual has been effective or highly 43 effective in at least three of the preceding four years and was not 44 ineffective in the final year. At the expiration of the probationary 45 period, the classroom teacher or building principal shall remain in 46 probationary status until the end of the school year in which such 47 teacher or principal has received such ratings of effective or highly 48 effective for at least three of the four preceding school years, exclu- 49 sive of any breaks in service, and subject to the terms hereof, during 50 which time the trustees or board of education shall consider whether to 51 grant tenure for those classroom teachers or building principals who 52 otherwise have been found competent, efficient and satisfactory. 53 Provided, however, that the trustees or board of education may grant 54 tenure contingent upon a classroom teacher's or building principal's 55 receipt of a minimum rating in the final year of the probationary peri- 56 od, pursuant to the requirements of this section, and if such contingen-S. 8276--A 4 1 cy is not met after all appeals have been exhausted, the grant of tenure 2 shall be void and unenforceable and the teacher's or principal's proba- 3 tionary period may be extended in accordance with this subdivision. Such 4 persons who have been recommended for tenure and all others employed in 5 the teaching service of the schools of such school district who have 6 served the full probationary period as extended pursuant to this subdi- 7 vision shall hold their respective positions during good behavior and 8 efficient and competent service, and shall not be removable except for 9 cause after a hearing as provided by section three thousand twenty-a or 10 section three thousand twenty-b of this article. Failure to maintain 11 certification as required by this chapter and the regulations of the 12 commissioner shall constitute cause for removal. 13 § 3. Subdivision 17 of section 3012-d of the education law, as amended 14 by chapter 147 of the laws of 2021, is amended to read as follows: 15 17. Notwithstanding any other provision of this section, for the two 16 thousand twenty--two thousand twenty-one [school year] and the two thou- 17 sand twenty-one--two thousand twenty-two school years, no school 18 district or board of cooperative educational services shall be required 19 to complete an annual teacher and principal evaluation required by this 20 section for any classroom teacher or building principal and state fund- 21 ing shall not be withheld from any school district for not complying 22 with the requirements of this section. 23 § 4. Paragraph (b) of subdivision 1 of section 3014 of the education 24 law, as amended by chapter 147 of the laws of 2021, is amended to read 25 as follows: 26 (b) Administrative assistants, supervisors, teachers and all other 27 members of the teaching and supervising staff of the board of cooper- 28 ative educational services appointed on or after July first, two thou- 29 sand fifteen, shall be appointed by a majority vote of the board of 30 cooperative educational services upon the recommendation of the district 31 superintendent of schools for a probationary period of not to exceed 32 four years; provided, however, that in the case of a teacher who has 33 been appointed on tenure in a school district within the state, the 34 board of cooperative educational services where currently employed, or 35 another board of cooperative educational services, and who was not 36 dismissed from such district or board as a result of charges brought 37 pursuant to section three thousand twenty-a or section three thousand 38 twenty-b of this article, the teacher shall be appointed for a proba- 39 tionary period of three years; provided that, in the case of a classroom 40 teacher, the teacher demonstrates that he or she received a composite 41 annual professional performance review rating pursuant to section three 42 thousand twelve-c or three thousand twelve-d of this article of either 43 effective or highly effective in his or her final year of service in 44 such other school district or board of cooperative educational services; 45 and provided further that in the case of a principal, administrator, 46 supervisor, or other member of the supervising staff who has been 47 appointed on tenure pursuant to this chapter as an administrator within 48 an authorized administrative tenure area in another school district 49 within the state, the school district where currently employed, or a 50 board of cooperative educational services, and who was not dismissed 51 from such district or board as a result of charges brought pursuant to 52 subdivision one of section three thousand twenty-a or section three 53 thousand twenty-b of this article, the principal, administrator, super- 54 visor, or other member of the supervising staff shall be appointed for a 55 probationary period of three years. Provided further, however, that in 56 the case of a classroom teacher who has been appointed for a probation-S. 8276--A 5 1 ary period during the two thousand twenty--two thousand twenty-one, the 2 two thousand twenty-one--two thousand twenty-two or the two thousand 3 twenty-two--two thousand twenty-three school year and who has been 4 appointed on tenure in a school district within the state, state school 5 for the blind or deaf, the board of cooperative educational services 6 where currently employed, or another board of cooperative educational 7 services, and who was not dismissed from such district, board or state 8 school for the blind or deaf as a result of charges brought pursuant to 9 section three thousand twenty-a or section three thousand twenty-b of 10 this article, such teacher shall be appointed for a probationary period 11 of three years; provided that, in the case of a classroom teacher, such 12 teacher demonstrates that he or she received an annual professional 13 performance review rating pursuant to section three thousand twelve-c or 14 section three thousand twelve-d of this article of either effective or 15 highly effective in the two thousand seventeen--two thousand eighteen or 16 two thousand eighteen--two thousand nineteen school year in such other 17 school district, state school for the blind or deaf or board of cooper- 18 ative educational services. Services of a person so appointed to any 19 such positions to which this paragraph applies may be discontinued at 20 any time during the probationary period, upon the recommendation of the 21 district superintendent, by a majority vote of the board of cooperative 22 educational services. 23 § 5. Paragraph (b) of subdivision 2 of section 3014 of the education 24 law, as amended by chapter 147 of the laws of 2021, is amended to read 25 as follows: 26 (b) On or before the expiration of the probationary term of a person 27 appointed for such term on or after July first, two thousand fifteen, 28 the district superintendent of schools shall make a written report to 29 the board of cooperative educational services recommending for appoint- 30 ment on tenure persons who have been found competent, efficient and 31 satisfactory and, in the case of a classroom teacher or building princi- 32 pal, who have received composite annual professional performance review 33 ratings pursuant to section three thousand twelve-c or section three 34 thousand twelve-d of this article, of either effective or highly effec- 35 tive in at least three of the four preceding years, exclusive of any 36 breaks in service; provided that, in the case of a classroom teacher or 37 building principal appointed during the two thousand seventeen--two 38 thousand eighteen[, two thousand eighteen--two thousand nineteen or two39thousand nineteen--two thousand twenty] or two thousand twenty--two 40 thousand twenty-one school year who have received composite annual 41 professional performance review ratings pursuant to section three thou- 42 sand twelve-c or section three thousand twelve-d of this article of 43 either effective or highly effective in at least one of the four preced- 44 ing years, exclusive of any breaks in service, and did not receive an 45 ineffective rating in the final year of his or her probationary period 46 or in the most recent school year where a rating was received, and would 47 have been in the district superintendent of schools' discretion quali- 48 fied for appointment on tenure based upon performance, notwithstanding 49 that his or her annual professional performance review had not been 50 completed and he or she had not received an annual professional perform- 51 ance rating for the two thousand nineteen--two thousand twenty [and], 52 two thousand twenty--two thousand twenty-one or the two thousand twen- 53 ty-one--two thousand twenty-two school [years] year; provided that, in 54 the case of a classroom teacher or building principal appointed during 55 the two thousand eighteen--two thousand nineteen or two thousand nine- 56 teen--two thousand twenty school year, who has not received compositeS. 8276--A 6 1 annual professional performance review ratings pursuant to section three 2 thousand twelve-c or section three thousand twelve-d of this article for 3 three consecutive years, no ratings shall be required for the district 4 superintendent of schools to recommend for appointment on tenure such 5 teacher or building principal if the teacher or principal would have 6 been, in the district superintendent of schools' discretion, qualified 7 for appointment on tenure based upon performance, notwithstanding that 8 his or her annual professional performance review had not been completed 9 and he or she had not received an annual professional performance review 10 rating for the two thousand nineteen--two thousand twenty, two thousand 11 twenty--two thousand twenty-one and two thousand twenty-one--two thou- 12 sand twenty-two school years; provided that in the case of a classroom 13 teacher or building principal appointed during the two thousand [twenty] 14 twenty-one--two thousand [twenty-one] twenty-two school year who have 15 received composite annual professional performance review ratings pursu- 16 ant to section three thousand twelve-c or section three thousand 17 twelve-d of this article of either effective or highly effective in at 18 least two of the four preceding years, exclusive of any breaks in 19 service, and did not receive an ineffective rating in the final year of 20 his or her probationary period, or during the most recent school year 21 where a rating was received, and would have been in the district super- 22 intendent of schools' discretion qualified for appointment on tenure 23 based upon performance, notwithstanding that his or her annual profes- 24 sional performance review had not been completed and he or she had not 25 received an annual professional performance rating for the two thousand 26 twenty--two thousand twenty-one or two thousand twenty-one--two thousand 27 twenty-two school year; provided further that, notwithstanding any other 28 provision of this section to the contrary, when a teacher or principal 29 receives an effective or highly effective rating in each year of his or 30 her probationary service except he or she receives an ineffective rating 31 in the final year of his or her probationary period, such teacher shall 32 not be eligible for tenure but the board of education in its discretion, 33 may extend the teacher's probationary period for an additional year; 34 provided, however that if such teacher or principal successfully 35 appealed such ineffective rating, such teacher or principal shall imme- 36 diately be eligible for tenure if the rating resulting from the appeal 37 established that such individual has been effective or highly effective 38 in at least three of the preceding four years and was not ineffective in 39 the final year. At the expiration of the probationary period, the class- 40 room teacher or building principal shall remain in probationary status 41 until the end of the school year in which such teacher or principal has 42 received such ratings of effective or highly effective for at least 43 three of the four preceding school years, exclusive of any breaks in 44 service, during which time a board of cooperative educational services 45 shall consider whether to grant tenure for those classroom teachers or 46 building principals who otherwise have been found competent, efficient 47 and satisfactory. Provided, however, that the board of cooperative 48 educational services may grant tenure contingent upon a classroom teach- 49 er's or building principal's receipt of a minimum rating in the final 50 year of the probationary period, pursuant to the requirements of this 51 section, and if such contingency is not met after all appeals have been 52 exhausted, the grant of tenure shall be void and unenforceable and the 53 teacher's or principal's probationary period may be extended in accord- 54 ance with this subdivision. Such persons shall hold their respective 55 positions during good behavior and competent and efficient service and 56 shall not be removed except for any of the following causes, after aS. 8276--A 7 1 hearing, as provided by section three thousand twenty-a or section three 2 thousand twenty-b of this article: (i) Insubordination, immoral charac- 3 ter or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or 4 neglect of duty; (iii) Failure to maintain certification as required by 5 this chapter and by the regulations of the commissioner. Each person who 6 is not to be so recommended for appointment on tenure shall be so noti- 7 fied in writing by the district superintendent not later than sixty days 8 immediately preceding the expiration of his or her probationary period. 9 § 6. Subparagraph ii of paragraph (a) of subdivision 1 of section 2509 10 of the education law, as amended by chapter 112 of the laws of 2021, is 11 amended to read as follows: 12 ii. Notwithstanding any other provision of law or regulation to the 13 contrary, teachers and all other members of the teaching staff appointed 14 on or after July first, two thousand fifteen and authorized by section 15 twenty-five hundred three of this article, shall be appointed by the 16 board of education, upon the recommendation of the superintendent of 17 schools, for a probationary period of four years, except that in the 18 case of a teacher who has rendered satisfactory service as a regular 19 substitute for a period of two years and, if a classroom teacher, has 20 received composite annual professional performance review ratings in 21 each of those years, or has rendered satisfactory service as a 22 seasonally licensed per session teacher of swimming in day schools who 23 has served in that capacity for a period of two years and has been 24 appointed to teach the same subject in day schools on an annual salary, 25 the teacher shall be appointed for a probationary period of two years; 26 provided, however, that in the case of a teacher who has been appointed 27 on tenure in another school district within the state, the school 28 district where currently employed, or a board of cooperative educational 29 services, and who was not dismissed from such district or board as a 30 result of charges brought pursuant to subdivision one of section three 31 thousand twenty-a or section three thousand twenty-b of this chapter, 32 the teacher shall be appointed for a probationary period of three years; 33 provided that the teacher demonstrates that he or she received an annual 34 professional performance review rating pursuant to section three thou- 35 sand twelve-c or section three thousand twelve-d of this chapter in his 36 or her final year of service in such other school district or board of 37 cooperative educational services. Provided further, however, that in the 38 case of a teacher who has been appointed for a probationary period 39 during the two thousand twenty--two thousand twenty-one, the two thou- 40 sand twenty-one--two thousand twenty-two or the two thousand twenty-two- 41 -two thousand twenty-three school year and who has been appointed on 42 tenure in another school district within the state, the school district 43 where currently employed, board of cooperative educational services or 44 state school for the blind or deaf and who was not dismissed from such 45 district, board or state school for the blind or deaf as a result of 46 charges brought pursuant to subdivision one of section three thousand 47 twenty-a or section three thousand twenty-b of this chapter, such teach- 48 er shall be appointed for a probationary period of three years; provided 49 that, in the case of a classroom teacher, such teacher demonstrates that 50 he or she received an annual professional performance review rating 51 pursuant to section three thousand twelve-c or section three thousand 52 twelve-d of this chapter in the two thousand seventeen--two thousand 53 eighteen or two thousand eighteen--two thousand nineteen school year in 54 such other school district, board of cooperative educational services or 55 state school for the blind or deaf. The service of a person appointed to 56 any of such positions may be discontinued at any time during such proba-S. 8276--A 8 1 tionary period, on the recommendation of the superintendent of schools, 2 by a majority vote of the board of education. Each person who is not to 3 be recommended for appointment on tenure shall be so notified by the 4 superintendent of schools in writing not later than sixty days imme- 5 diately preceding the expiration of his/her probationary period. 6 § 7. Paragraph b of subdivision 2 of section 2509 of the education 7 law, as amended by chapter 147 of the laws of 2021, is amended to read 8 as follows: 9 b. For persons appointed on or after July first, two thousand fifteen, 10 at the expiration of the probationary term of any persons appointed for 11 such term, or within six months prior thereto, the superintendent of 12 schools shall make a written report to the board of education recommend- 13 ing for appointment on tenure those persons who have been found compe- 14 tent, efficient and satisfactory and in the case of a classroom teacher 15 or building principal, who have received annual professional performance 16 review ratings pursuant to section three thousand twelve-c or section 17 three thousand twelve-d of this chapter, of either effective or highly 18 effective in at least three of the four preceding years, exclusive of 19 any breaks in service; provided that, in the case of a classroom teacher 20 or building principal appointed during the two thousand seventeen--two 21 thousand eighteen[, two thousand eighteen--two thousand nineteen or two22thousand nineteen--two thousand twenty] or the two thousand twenty--two 23 thousand twenty-one school year, who have received composite annual 24 professional performance review ratings pursuant to section three thou- 25 sand twelve-c or section three thousand twelve-d of this chapter, of 26 either effective or highly effective in at least one of the four preced- 27 ing years, exclusive of any breaks in service, and did not receive an 28 ineffective rating in the final year of his or her probationary period, 29 or during the most recent school year where a rating was received, and 30 would have been in the superintendent of schools' discretion qualified 31 for appointment on tenure based upon performance, notwithstanding that 32 his or her annual professional performance review had not been completed 33 and he or she had not received an annual professional performance rating 34 for the two thousand nineteen--two thousand twenty [and], two thousand 35 twenty--two thousand twenty-one or the two thousand twenty-one--two 36 thousand twenty-two school [years] year; provided that, in the case of a 37 classroom teacher or building principal appointed during the two thou- 38 sand eighteen--two thousand nineteen or two thousand nineteen--two thou- 39 sand twenty school year, who has not received composite annual profes- 40 sional performance review ratings pursuant to section three thousand 41 twelve-c or section three thousand twelve-d of this chapter, for three 42 consecutive years, no ratings shall be required for the superintendent 43 of schools to recommend for appointment on tenure such teacher or build- 44 ing principal if the teacher or principal would have been, in the super- 45 intendent of schools' discretion, qualified for appointment on tenure 46 based upon performance, notwithstanding that his or her annual profes- 47 sional performance review had not been completed and he or she had not 48 received an annual professional performance review rating for the two 49 thousand nineteen--two thousand twenty, two thousand twenty--two thou- 50 sand twenty-one and two thousand twenty-one--two thousand twenty-two 51 school years; provided that in the case of a classroom teacher or build- 52 ing principal appointed during the two thousand [twenty] twenty-one--two 53 thousand [twenty-one] twenty-two school year who have received composite 54 annual professional performance review ratings pursuant to section three 55 thousand twelve-c or section three thousand twelve-d of this chapter of 56 either effective or highly effective in at least two of the four preced-S. 8276--A 9 1 ing years, exclusive of any breaks in service, and did not receive an 2 ineffective rating in the final year of his or her probationary period, 3 or during the most recent school year where a rating was received, and 4 would have been in the superintendent of schools' discretion qualified 5 for appointment on tenure based upon performance, notwithstanding that 6 his or her annual professional performance review had not been completed 7 and he or she had not received an annual professional performance rating 8 for the two thousand twenty--two thousand twenty-one or two thousand 9 twenty-one--two thousand twenty-two school year; provided further that, 10 notwithstanding any other provision of this section to the contrary, 11 when a teacher or principal receives an effective or highly effective 12 rating in each year of his or her probationary service except he or she 13 receives an ineffective rating in the final year of his or her proba- 14 tionary period, such teacher or principal shall not be eligible for 15 tenure but the board of education in its discretion, may extend the 16 teacher's probationary period for an additional year; provided, however, 17 that if such teacher or principal successfully appealed such ineffective 18 rating, such teacher or principal shall immediately be eligible for 19 tenure if the rating resulting from the appeal established that such 20 individual has been effective or highly effective in at least three of 21 the preceding four years and was not ineffective in the final year. By a 22 majority vote, the board of education may then appoint on tenure any or 23 all of the persons recommended by the superintendent of schools. At the 24 expiration of the probationary period, the classroom teacher or building 25 principal shall remain in probationary status until the end of the 26 school year in which such teacher or principal has received such ratings 27 of effective or highly effective for at least three of the four preced- 28 ing school years exclusive of any breaks in service and subject to the 29 terms hereof, during which time a board of education shall consider 30 whether to grant tenure for those classroom teachers or building princi- 31 pals who otherwise have been found competent, efficient and satisfac- 32 tory. Provided, however, that the board of education may grant tenure 33 contingent upon a classroom teacher's or building principal's receipt of 34 a minimum rating in the final year of the probationary period, pursuant 35 to the requirements of this section, and if such contingency is not met 36 after all appeals have been exhausted, the grant of tenure shall be void 37 and unenforceable and the teacher's or principal's probationary period 38 may be extended in accordance with this subdivision. Such persons who 39 have been recommended for tenure and all others employed in the teaching 40 service of the schools of such school district who have served the full 41 probationary period as extended pursuant to this subdivision shall hold 42 their respective positions during good behavior and efficient and compe- 43 tent service, and shall not be removable except for cause after a hear- 44 ing as provided by section three thousand twenty-a or section three 45 thousand twenty-b of this chapter. Failure to maintain certification as 46 required by this chapter and the regulations of the commissioner shall 47 constitute cause for removal. 48 § 8. Subparagraph ii of paragraph (a) of subdivision 1 of section 2573 49 of the education law, as amended by chapter 112 of the laws of 2021, is 50 amended to read as follows: 51 ii. Teachers and all other members of the teaching staff appointed on 52 or after July first, two thousand fifteen and authorized by section 53 twenty-five hundred fifty-four of this article, shall be appointed by 54 the board of education, upon the recommendation of the superintendent of 55 schools, for a probationary period of four years, except that in the 56 case of a teacher who has rendered satisfactory service as a regularS. 8276--A 10 1 substitute for a period of two years and, if a classroom teacher, has 2 received annual professional performance review ratings in each of those 3 years, or has rendered satisfactory service as a seasonally licensed per 4 session teacher of swimming in day schools who has served in that capac- 5 ity for a period of two years and has been appointed to teach the same 6 subject in day schools on an annual salary, the teacher shall be 7 appointed for a probationary period of two years; provided, however, 8 that in the case of a teacher who has been appointed on tenure in anoth- 9 er school district within the state, the school district where currently 10 employed, or a board of cooperative educational services, and who was 11 not dismissed from such district or board as a result of charges brought 12 pursuant to subdivision one of section three thousand twenty-a or 13 section three thousand twenty-b of this chapter, the teacher shall be 14 appointed for a probationary period of three years; provided that, in 15 the case of a classroom teacher, the teacher demonstrates that he or she 16 received an annual professional performance review rating pursuant to 17 section three thousand twelve-c or section three thousand twelve-d of 18 this chapter in his or her final year of service in such other school 19 district or board of cooperative educational services; provided, howev- 20 er, that, in the case of a classroom teacher who has been appointed for 21 a probationary period during the two thousand twenty--two thousand twen- 22 ty-one, the two thousand twenty-one--two thousand twenty-two or the two 23 thousand twenty-two--two thousand twenty-three school year and who has 24 been appointed on tenure in another school district within the state, 25 the school district where currently employed, board of cooperative 26 educational services or state school for the blind or deaf, and who was 27 not dismissed from such district, board or state school for the blind or 28 deaf as a result of charges brought pursuant to section three thousand 29 twenty-a or section three thousand twenty-b of this chapter, such teach- 30 er shall be appointed for a probationary period of three years; provided 31 that, in the case of a classroom teacher, such teacher demonstrates that 32 he or she received an annual professional performance review rating 33 pursuant to section three thousand twelve-c or section three thousand 34 twelve-d of this chapter in the two thousand seventeen--two thousand 35 eighteen or two thousand eighteen--two thousand nineteen school year in 36 such other school district, board of cooperative educational services or 37 state school for the blind or deaf; provided further, however, that in 38 cities with a population of one million or more, a teacher appointed 39 under a newly created license, for teachers of reading and of the 40 emotionally handicapped, to a position which the teacher has held for at 41 least two years prior to such appointment while serving on tenure in 42 another license area who was not dismissed as a result of charges 43 brought pursuant to subdivision one of section three thousand twenty-a 44 or section three thousand twenty-b of this chapter, the teacher shall be 45 appointed for a probationary period of two years. The service of a 46 person appointed to any of such positions may be discontinued at any 47 time during such probationary period, on the recommendation of the 48 superintendent of schools, by a majority vote of the board of education. 49 Each person who is not to be recommended for appointment on tenure shall 50 be so notified by the superintendent of schools in writing not later 51 than sixty days immediately preceding the expiration of his or her 52 probationary period. In all city school districts subject to the 53 provisions of this article, failure to maintain certification as 54 required by this article and by the regulations of the commissioner 55 shall be cause for removal within the meaning of subdivision five of 56 this section.S. 8276--A 11 1 § 9. Paragraph (b) of subdivision 5 of section 2573 of the education 2 law, as amended by chapter 147 of the laws of 2021, is amended to read 3 as follows: 4 (b) At the expiration of the probationary term of any persons 5 appointed for such term on or after July first, two thousand fifteen, 6 the superintendent of schools shall make a written report to the board 7 of education recommending for permanent appointment those persons who 8 have been found competent, efficient and satisfactory and, in the case 9 of a classroom teacher or building principal, who have received compos- 10 ite annual professional performance review ratings pursuant to section 11 three thousand twelve-c or section three thousand twelve-d of this chap- 12 ter, of either effective or highly effective in at least three of the 13 four preceding years, exclusive of any breaks in service; provided that, 14 in the case of a classroom teacher or building principal appointed 15 during the two thousand seventeen--two thousand eighteen[, two thousand16eighteen--two thousand nineteen or two thousand nineteen--two thousand17twenty] or two thousand twenty--two thousand twenty-one school year, who 18 have received composite annual professional performance review ratings 19 pursuant to section three thousand twelve-c or section three thousand 20 twelve-d of this chapter of either effective or highly effective in at 21 least one of the four preceding years, exclusive of any breaks in 22 service, and did not receive an ineffective rating in the final year of 23 his or her probationary period or during the most recent school year 24 where a rating was received, and would have been in the superintendent 25 of schools' discretion qualified for appointment on tenure based upon 26 performance, notwithstanding that his or her annual professional 27 performance review had not been completed and he or she had not received 28 an annual professional performance rating for the two thousand nine- 29 teen--two thousand twenty [and], two thousand twenty--two thousand twen- 30 ty-one or the two thousand twenty-one--two thousand twenty-two school 31 [years] year; provided that, in the case of a classroom teacher or 32 building principal appointed during the two thousand eighteen--two thou- 33 sand nineteen or two thousand nineteen--two thousand twenty school year, 34 who has not received composite annual professional performance review 35 ratings pursuant to section three thousand twelve-c or section three 36 thousand twelve-d of this chapter for three consecutive years, no 37 ratings shall be required for the superintendent of schools to recommend 38 for appointment on tenure such teacher or building principal if the 39 teacher or principal would have been, in the superintendent of schools' 40 discretion, qualified for appointment on tenure based upon performance, 41 notwithstanding that his or her annual professional performance review 42 had not been completed and he or she had not received an annual profes- 43 sional performance review rating for the two thousand nineteen--two 44 thousand twenty, two thousand twenty--two thousand twenty-one and two 45 thousand twenty-one--two thousand twenty-two school years; provided that 46 in the case of a classroom teacher or building principal appointed 47 during the two thousand [twenty] twenty-one--two thousand [twenty-one] 48 twenty-two school year who have received composite annual professional 49 performance review ratings pursuant to section three thousand twelve-c 50 or section three thousand twelve-d of this chapter of either effective 51 or highly effective in at least two of the four preceding years, exclu- 52 sive of any breaks in service, and did not receive an ineffective rating 53 in the final year of his or her probationary period or during the most 54 recent school year where a rating was received, and would have been in 55 the superintendent of schools' discretion qualified for appointment on 56 tenure based upon performance, notwithstanding that his or her annualS. 8276--A 12 1 professional performance review had not been completed and he or she had 2 not received an annual professional performance rating for the two thou- 3 sand twenty--two thousand twenty-one or two thousand twenty-one--two 4 thousand twenty-two school year; provided further that, notwithstanding 5 any other provision of this section to the contrary, when a teacher or 6 principal receives an effective and/or highly effective rating in each 7 year of his or her probationary service except he or she receives an 8 ineffective rating in the final year of his or her probationary period, 9 such teacher or principal shall not be eligible for tenure but the board 10 of education in its discretion, may extend the teacher's probationary 11 period for an additional year; provided, however, that if such teacher 12 or principal successfully appealed such ineffective rating, such teacher 13 or principal shall immediately be eligible for tenure if the rating 14 resulting from the appeal established that such individual has been 15 effective or highly effective in at least three of the preceding four 16 years. At the expiration of the probationary period, the classroom 17 teacher or building principal shall remain in probationary status until 18 the end of the school year in which such teacher or principal has 19 received such ratings of effective or highly effective for at least 20 three of the four preceding school years, exclusive of any breaks in 21 service and subject to the terms hereof, during which time a board of 22 education shall consider whether to grant tenure for those classroom 23 teachers or building principals who otherwise have been found competent, 24 efficient and satisfactory. Provided, however, that the board of educa- 25 tion may grant tenure contingent upon a classroom teacher's or building 26 principal's receipt of a minimum rating in the final year of the proba- 27 tionary period, pursuant to the requirements of this section, and if 28 such contingency is not met after all appeals have been exhausted, the 29 grant of tenure shall be void and unenforceable and the teacher's or 30 principal's probationary period may be extended in accordance with this 31 subdivision. Such persons who have been recommended for tenure and all 32 others employed in the teaching service of the schools of such school 33 district who have served the full probationary period as extended pursu- 34 ant to this subdivision shall hold their respective positions during 35 good behavior and efficient and competent service, and shall not be 36 removable except for cause after a hearing as provided by section three 37 thousand twenty-a or section three thousand twenty-b of this chapter. 38 Failure to maintain certification as required by this chapter and the 39 regulations of the commissioner shall constitute cause for removal. 40 § 10. Paragraph (b) of subdivision 6 of section 2573 of the education 41 law, as amended by chapter 147 of the laws of 2021, is amended to read 42 as follows: 43 (b) At the expiration of the probationary term of any persons 44 appointed for such term on or after July first, two thousand fifteen, 45 the superintendent of schools shall make a written report to the board 46 of education recommending for permanent appointment those persons who 47 have been found competent, efficient and satisfactory and, in the case 48 of a classroom teacher or building principal, who have received compos- 49 ite annual professional performance review ratings pursuant to section 50 three thousand twelve-c or section three thousand twelve-d of this chap- 51 ter, of either effective or highly effective in at least three of the 52 four preceding years, exclusive of any breaks in service; provided that, 53 in the case of a classroom teacher or building principal appointed 54 during the two thousand seventeen--two thousand eighteen[, two thousand55eighteen--two thousand nineteen or two thousand nineteen--two thousand56twenty] or two thousand twenty--two thousand twenty-one school year, whoS. 8276--A 13 1 have received composite annual professional performance review ratings 2 pursuant to section three thousand twelve-c or section three thousand 3 twelve-d of this chapter of either effective or highly effective in at 4 least one of the four preceding years, exclusive of any breaks in 5 service, and did not receive an ineffective rating in the final year of 6 his or her probationary period or during the most recent school year 7 where a rating was received, and would have been in the superintendent 8 of schools' discretion qualified for appointment on tenure based upon 9 performance, notwithstanding that his or her annual professional 10 performance review had not been completed and he or she had not received 11 an annual professional performance rating for the two thousand nine- 12 teen--two thousand twenty [and], two thousand twenty--two thousand twen- 13 ty-one or the two thousand twenty-one--two thousand twenty-two school 14 [years] year; provided that, in the case of a classroom teacher or 15 building principal appointed during the two thousand eighteen--two thou- 16 sand nineteen or two thousand nineteen--two thousand twenty school year, 17 who has not received composite annual professional performance review 18 ratings pursuant to section three thousand twelve-c or section three 19 thousand twelve-d of this chapter for three consecutive years, no 20 ratings shall be required for the superintendent of schools to recommend 21 for appointment on tenure such teacher or building principal if the 22 teacher or principal would have been, in the superintendent of schools' 23 discretion, qualified for appointment on tenure based upon performance, 24 notwithstanding that his or her annual professional performance review 25 had not been completed and he or she had not received a composite annual 26 professional performance review rating for the two thousand nineteen-- 27 two thousand twenty, two thousand twenty--two thousand twenty-one and 28 two thousand twenty-one--two thousand twenty-two school years; provided 29 that in the case of a classroom teacher or building principal appointed 30 during the two thousand [twenty] twenty-one--two thousand [twenty-one] 31 twenty-two school year who have received composite annual professional 32 performance review ratings pursuant to section three thousand twelve-c 33 or section three thousand twelve-d of this chapter of either effective 34 or highly effective in at least two of the four preceding years, exclu- 35 sive of any breaks in service, and did not receive an ineffective rating 36 in the final year of his or her probationary period or during the most 37 recent school year where a rating was received, and would have been in 38 the superintendent of schools' discretion qualified for appointment on 39 tenure based upon performance, notwithstanding that his or her annual 40 professional performance review had not been completed and he or she had 41 not received an annual professional performance rating for the two thou- 42 sand twenty--two thousand twenty-one or two thousand twenty-one--two 43 thousand twenty-two school year; provided further that, notwithstanding 44 any other provision of this section to the contrary, when a teacher 45 receives an effective and/or highly effective rating in each year of his 46 or her probationary service except he or she receives an ineffective 47 rating in the final year of his or her probationary period, such teacher 48 or principal shall not be eligible for tenure but the board of education 49 in its discretion, may extend the teacher's probationary period for an 50 additional year; provided, however, that if such teacher or principal 51 successfully appealed such ineffective rating, such teacher or principal 52 shall immediately be eligible for tenure if the rating resulting from 53 the appeal established that such individual has been effective or highly 54 effective in at least three of the preceding four years and was not 55 ineffective in the final year. At the expiration of the probationary 56 period, the classroom teacher or building principal shall remain inS. 8276--A 14 1 probationary status until the end of the school year in which such 2 teacher or principal has received such ratings of effective or highly 3 effective for at least three of the four preceding school years, exclu- 4 sive of any breaks in service and subject to the terms hereof, during 5 which time a board of education shall consider whether to grant tenure 6 for those classroom teachers or building principals who otherwise have 7 been found competent, efficient and satisfactory. Provided, however, 8 that the board of education may grant tenure contingent upon a classroom 9 teacher's or building principal's receipt of a minimum rating in the 10 final year of the probationary period, pursuant to the requirements of 11 this section, and if such contingency is not met after all appeals have 12 been exhausted, the grant of tenure shall be void and unenforceable and 13 the teacher's or principal's probationary period may be extended in 14 accordance with this subdivision. Such persons who have been recommended 15 for tenure and all others employed in the teaching service of the 16 schools of such school district who have served the full probationary 17 period as extended pursuant to this subdivision shall hold their respec- 18 tive positions during good behavior and efficient and competent service, 19 and shall not be removable except for cause after a hearing as provided 20 by section three thousand twenty-a or section three thousand twenty-b of 21 this chapter. Failure to maintain certification as required by this 22 chapter and the regulations of the commissioner shall constitute cause 23 for removal. 24 § 11. This act shall take effect immediately.
