Bill Text: NY S04007 | 2019-2020 | General Assembly | Amended
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-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4007--A Cal. No. 222 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 -- 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 the probationary peri- od for certain tenured employees in school districts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraph ii of paragraph (b) of subdivision 1 of 2 section 2509 of the education law, as amended by section 1 of subpart D 3 of part EE of chapter 56 of the laws of 2015, is amended to read as 4 follows: 5 ii. Notwithstanding any other provision of law or regulation to the 6 contrary, administrators, directors, supervisors, principals and all 7 other members of the supervising staff, except associate, assistant and 8 other superintendents, appointed on or after July first, two thousand 9 fifteen and authorized by section twenty-five hundred three of this 10 article, shall be appointed by the board of education, upon the recom- 11 mendation of the superintendent of schools for a probationary period of 12 four years; provided, however, that in the case of a principal, adminis- 13 trator, supervisor, or other member of the supervising staff who has 14 been appointed on tenure pursuant to this chapter as an administrator 15 within an authorized administrative tenure area in another school 16 district within the state, the school district where currently employed, 17 or a board of cooperative educational services, and who was not 18 dismissed from such district or board as a result of charges brought 19 pursuant to subdivision one of section three thousand twenty-a or 20 section three thousand twenty-b of this chapter, the principal, adminis- 21 trator, supervisor or other member of the supervising staff shall be 22 appointed for a probationary period of three years. The service of a EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10116-02-9S. 4007--A 2 1 person appointed to any of such positions may be discontinued at any 2 time during the probationary period on the recommendation of the super- 3 intendent of schools, by a majority vote of the board of education. 4 § 2. Subparagraph ii of paragraph (b) of subdivision 1 of section 2573 5 of the education law, as amended by section 3 of subpart D of part EE of 6 chapter 56 of the laws of 2015, is amended to read as follows: 7 ii. Administrators, directors, supervisors, principals and all other 8 members of the supervising staff, except executive directors, associate, 9 assistant, district and community superintendents and examiners, 10 appointed on or after July first, two thousand fifteen and authorized by 11 section twenty-five hundred fifty-four of this article, shall be 12 appointed by the board of education, upon the recommendation of the 13 superintendent or chancellor of schools, for a probationary period of 14 four years provided that such probationary period may be extended in 15 accordance with paragraph (b) of subdivision five of this section; 16 provided, however, that in the case of a principal, administrator, 17 supervisor, or other member of the supervising staff who has been 18 appointed on tenure pursuant to this chapter as an administrator within 19 an authorized administrative tenure area 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 chapter, the principal, administrator, super- 25 visor or other member of the supervising staff shall be appointed for a 26 probationary period of three years. The service of a person appointed 27 to any of such positions may be discontinued at any time during the 28 probationary period on the recommendation of the superintendent of 29 schools, by a majority vote of the board of education. 30 § 3. Subparagraph ii of paragraph (b) of subdivision 1 of section 3012 31 of the education law, as amended by section 4 of subpart D of part EE of 32 chapter 56 of the laws of 2015, is amended to read as follows: 33 ii. Principals, administrators, supervisors and all other members of 34 the supervising staff of school districts, including common school 35 districts and/or school districts employing fewer than eight teachers, 36 other than city school districts, who are appointed on or after July 37 first, two thousand fifteen, shall be appointed by the board of educa- 38 tion, or the trustees of a common school district, upon the recommenda- 39 tion of the superintendent of schools for a probationary period of four 40 years; provided, however, that in the case of a principal, administra- 41 tor, supervisor, or other member of the supervising staff who has been 42 appointed on tenure pursuant to this chapter as an administrator within 43 an authorized administrative tenure area in another school district 44 within the state, the school district where currently employed, or a 45 board of cooperative educational services, and who was not dismissed 46 from such district or board as a result of charges brought pursuant to 47 subdivision one of section three thousand twenty-a or section three 48 thousand twenty-b of this article, the principal, administrator, super- 49 visor or other member of the supervising staff shall be appointed for a 50 probationary period of three years. The service of a person appointed 51 to any of such positions may be discontinued at any time during the 52 probationary period on the recommendation of the superintendent of 53 schools, by a majority vote of the board of education or the trustees of 54 a common school district.S. 4007--A 3 1 § 4. Paragraph (b) of subdivision 1 of section 3014 of the education 2 law, as added by section 5 of subpart D of part EE of chapter 56 of the 3 laws of 2015, is amended to read as follows: 4 (b) Administrative assistants, supervisors, teachers and all other 5 members of the teaching and supervising staff of the board of cooper- 6 ative educational services appointed on or after July first, two thou- 7 sand fifteen, shall be appointed by a majority vote of the board of 8 cooperative educational services upon the recommendation of the district 9 superintendent of schools for a probationary period of not to exceed 10 four years; provided, however, that in the case of a teacher who has 11 been appointed on tenure in a school district within the state, the 12 board of cooperative educational services where currently employed, or 13 another board of cooperative educational services, and who was not 14 dismissed from such district or board as a result of charges brought 15 pursuant to section three thousand twenty-a or section three thousand 16 twenty-b of this article, the teacher shall be appointed for a proba- 17 tionary period of three years; provided that, in the case of a classroom 18 teacher, the teacher demonstrates that he or she received a composite 19 annual professional performance review rating pursuant to section three 20 thousand twelve-c or three thousand twelve-d of this [chapter] article 21 of either effective or highly effective in his or her final year of 22 service in such other school district or board of cooperative educa- 23 tional services; and provided further that in the case of a principal, 24 administrator, supervisor, or other member of the supervising staff who 25 has been appointed on tenure pursuant to this chapter as an administra- 26 tor within an authorized administrative tenure area in another school 27 district within the state, the school district where currently employed, 28 or a board of cooperative educational services, and who was not 29 dismissed from such district or board as a result of charges brought 30 pursuant to subdivision one of section three thousand twenty-a or 31 section three thousand twenty-b of this article, the principal, adminis- 32 trator, supervisor, or other member of the supervising staff shall be 33 appointed for a probationary period of three years. Services of a 34 person so appointed to any such positions to which this paragraph 35 applies may be discontinued at any time during [such] the probationary 36 period, upon the recommendation of the district superintendent, by a 37 majority vote of the board of cooperative educational services. 38 § 5. This act shall take effect June 1, 2020 and shall apply only to 39 individuals beginning their probationary periods on or after such date.
