Bill Text: NY S05971 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to the appointment of teachers and satisfactory annual reviews.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO EDUCATION [S05971 Detail]
Download: New_York-2019-S05971-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5971 2019-2020 Regular Sessions IN SENATE May 16, 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 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, subdivision 3 as amended by chapter 680 6 of the laws of 1983, subdivision 4 as amended by chapter 263 of the laws 7 of 2005, subdivisions 5, 6 and 7 as renumbered by chapter 717 of the 8 laws of 1970, and subdivision 7 as added by chapter 859 of the laws of 9 1955, is amended to read as follows: 10 § 2509. Appointment of assistant and other superintendents, teachers 11 and other employees. 1. (a) i. Teachers and all other members of the 12 teaching staff appointed prior to July first, two thousand fifteen and 13 authorized by section twenty-five hundred three of this article, shall 14 be appointed by the board of education, upon the recommendation of the 15 superintendent of schools, for a probationary period of three years, 16 except that in the case of a teacher who has rendered satisfactory 17 service as a regular substitute for a period of up to two years or as a 18 seasonally licensed per session teacher of swimming in day schools who 19 has served in that capacity for a period of up to two years and has been 20 appointed to teach the same subject in day schools on an annual salary, 21 the probationary period shall be [limited to one year] reduced propor- 22 tionately based upon the length of the satisfactory service; provided, 23 however, that in the case of a teacher who has been appointed on tenure 24 in another school district within the state, the school district where 25 currently employed, or a board of cooperative educational services, and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11810-01-9S. 5971 2 1 who was not dismissed from such district or board as a result of charges 2 brought pursuant to subdivision one of section three thousand twenty-a 3 of this chapter, the probationary period shall not exceed two years. The 4 service of a person appointed to any [of] such positions may be discon- 5 tinued at any time during such probationary period, on the recommenda- 6 tion of the superintendent of schools, by a majority vote of the board 7 of education. Each person who is not to be recommended for appointment 8 on tenure shall be so notified by the superintendent of schools in writ- 9 ing not later than sixty days immediately preceding the expiration of 10 [his] the probationary period. 11 ii. Notwithstanding any other provision of law or regulation to the 12 contrary, teachers and all other members of the teaching staff appointed 13 on or after July first, two thousand fifteen and authorized by section 14 twenty-five hundred three of this article, shall be appointed by the 15 board of education, upon the recommendation of the superintendent of 16 schools, for a probationary period of four years, except that in the 17 case of a teacher who has rendered satisfactory service as a regular 18 substitute for a period of up to two years and, if a classroom teacher, 19 has received [composite] satisfactory annual [professional performance20review ratings] reviews in each of those years, or has rendered satis- 21 factory service as a seasonally licensed per session teacher of swimming 22 in day schools who has served in that capacity for a period of up to two 23 years and has been appointed to teach the same subject in day schools on 24 an annual salary, the teacher shall be appointed [for] to a probationary 25 period [of two years] that is reduced proportionately based upon the 26 length of the satisfactory service; provided, however, that in the case 27 of a teacher who has been appointed on tenure in another school district 28 within the state, the school district where currently employed, or a 29 board of cooperative educational services, and who was not dismissed 30 from such district or board as a result of charges brought pursuant to 31 subdivision one of section three thousand twenty-a or section three 32 thousand twenty-b of this chapter, the teacher shall be appointed for a 33 probationary period of three years; provided that the teacher demon- 34 strates that [he or she] they received [an] a satisfactory annual 35 [professional performance review rating pursuant to section three thou-36sand twelve-c or section three thousand twelve-d of this chapter] review 37 in [his or her] their final year of service in such other school 38 district or board of cooperative educational services. The service of a 39 person appointed to any [of] such positions may be discontinued at any 40 time during such probationary period, on the recommendation of the 41 superintendent of schools, by a majority vote of the board of education. 42 Each person who is not to be recommended for appointment on tenure shall 43 be so notified by the superintendent of schools in writing not later 44 than sixty days immediately preceding the expiration of [his/her] their 45 probationary period. 46 (b) i. Administrators, directors, supervisors, principals and all 47 other members of the supervising staff, except associate, assistant and 48 other superintendents appointed prior to July first, two thousand 49 fifteen and authorized by section twenty-five hundred three of this 50 article, shall be appointed by the board of education, upon the recom- 51 mendation of the superintendent of schools for a probationary period of 52 three years. The service of a person appointed to any [of] such posi- 53 tions may be discontinued at any time during the probationary period on 54 the recommendation of the superintendent of schools, by a majority vote 55 of the board of education.S. 5971 3 1 ii. Notwithstanding any other provision of law or regulation to the 2 contrary, administrators, directors, supervisors, principals and all 3 other members of the supervising staff, except associate, assistant and 4 other superintendents, appointed on or after July first, two thousand 5 fifteen and authorized by section twenty-five hundred three of this 6 article, shall be appointed by the board of education, upon the recom- 7 mendation of the superintendent of schools for a probationary period of 8 four years. The service of a person appointed to any [of] such positions 9 may be discontinued at any time during the probationary period on the 10 recommendation of the superintendent of schools, by a majority vote of 11 the board of education. 12 2. [a.](a) Notwithstanding any other provision of law or regulation to 13 the contrary, teachers and all other members of the teaching staff 14 appointed on or after July first, two thousand nineteen and authorized 15 by section twenty-five hundred three of this article, shall be appointed 16 by the board of education, upon the recommendation of the superintendent 17 of schools, for a probationary period of three years, except that in the 18 case of a teacher who has rendered satisfactory service as a regular 19 substitute for a period of up to two years and, if a classroom teacher, 20 has received satisfactory annual reviews in each of those years, or has 21 rendered satisfactory service as a seasonally licensed per session 22 teacher of swimming in day schools who has served in that capacity for a 23 period of up to two years and has been appointed to teach the same 24 subject in day schools on an annual salary, such teacher shall be 25 appointed for a probationary period that is reduced proportionately 26 based upon the length of the satisfactory service; provided, however, 27 that in the case of a teacher who has been appointed on tenure in anoth- 28 er school district within the state, the school district where currently 29 employed, or a board of cooperative educational services, and who was 30 not dismissed from such district or board as a result of charges brought 31 pursuant to subdivision one of section three thousand twenty-a or 32 section three thousand twenty-b of this chapter, such teacher shall be 33 appointed for a probationary period of two years; provided that the 34 teacher demonstrates that they received a satisfactory annual review in 35 their final year of service in such other school district or board of 36 cooperative educational services. The service of a person appointed to 37 any such positions may be discontinued at any time during such proba- 38 tionary period, on the recommendation of the superintendent of schools, 39 by a majority vote of the board of education. Each person who is not to 40 be recommended for appointment on tenure shall be so notified by the 41 superintendent of schools in writing not later than sixty days imme- 42 diately preceding the expiration of the probationary period. 43 (b) Administrators, directors, supervisors, principals and all other 44 members of the supervising staff, except associate, assistant and other 45 superintendents appointed on or after July first, two thousand nineteen 46 and authorized by section twenty-five hundred three of this article, 47 shall be appointed by the board of education, upon the recommendation of 48 the superintendent of schools for a probationary period of three years. 49 The service of a person appointed to any such positions may be discon- 50 tinued at any time during the probationary period on the recommendation 51 of the superintendent of schools, by a majority vote of the board of 52 education. 53 3. (a) At the expiration of the probationary term of any persons 54 appointed for such term prior to July first, two thousand fifteen, or 55 within six months prior thereto, the superintendent of schools shall 56 make a written report to the board of education recommending forS. 5971 4 1 appointment on tenure those persons who have been found competent, effi- 2 cient and satisfactory. By a majority vote the board of education may 3 then appoint on tenure any or all of the persons recommended by the 4 superintendent of schools. Such persons and all others employed in the 5 teaching service of the schools of such school district who have served 6 the full probationary period shall hold their respective positions 7 during good behavior and efficient and competent service, and shall not 8 be removable except for cause after a hearing as provided by section 9 three thousand twenty-a or section three thousand twenty-b of this chap- 10 ter. Failure to maintain certification as required by this chapter and 11 the regulations of the commissioner shall constitute cause for removal. 12 [b.] (b) For persons appointed on or after July first, two thousand 13 fifteen, at the expiration of the probationary term of any persons 14 appointed for such term, or within six months prior thereto, the super- 15 intendent of schools shall make a written report to the board of educa- 16 tion recommending for appointment on tenure those persons who have been 17 found competent, efficient and satisfactory and in the case of a class- 18 room teacher or building principal, who have received satisfactory annu- 19 al [professional performance review ratings pursuant to section three20thousand twelve-c or section three thousand twelve-d of this chapter, of21either effective or highly effective] reviews in at least three of the 22 four preceding years, exclusive of any breaks in service[; provided23that, notwithstanding any other provision of this section to the contra-24ry, when a teacher or principal receives an effective or highly effec-25tive rating in each year of his or her probationary service except he or26she receives an ineffective rating in the final year of his or her27probationary period, such teacher or principal shall not be eligible for28tenure but the board of education in its discretion, may extend the29teacher's probationary period for an additional year; provided, however,30that if such teacher or principal successfully appealed such ineffective31rating, such teacher or principal shall immediately be eligible for32tenure if the rating resulting from the appeal established that such33individual has been effective or highly effective in at least three of34the preceding four years and was not ineffective in the final year]. By 35 a majority vote, the board of education may then appoint on tenure any 36 or all of the persons recommended by the superintendent of schools. [At37the expiration of the probationary period, the classroom teacher or38building principal shall remain in probationary status until the end of39the school year in which such teacher or principal has received such40ratings of effective or highly effective for at least three of the four41preceding school years exclusive of any breaks in service and subject to42the terms hereof, during which time a board of education shall consider43whether to grant tenure for those classroom teachers or building princi-44pals who otherwise have been found competent, efficient and satisfac-45tory. Provided, however, that the board of education may grant tenure46contingent upon a classroom teacher's or building principal's receipt of47a minimum rating in the final year of the probationary period, pursuant48to the requirements of this section, and if such contingency is not met49after all appeals have been exhausted, the grant of tenure shall be void50and unenforceable and the teacher's or principal's probationary period51may be extended in accordance with this subdivision.] Such persons who 52 have been recommended for tenure and all others employed in the teaching 53 service of the schools of such school district who have served the full 54 probationary period [as extended] pursuant to this subdivision shall 55 hold their respective positions during good behavior and efficient and 56 competent service, and shall not be removable except for cause after aS. 5971 5 1 hearing as provided by section three thousand twenty-a or section three 2 thousand twenty-b of this chapter. Failure to maintain certification as 3 required by this chapter and the regulations of the commissioner shall 4 constitute cause for removal. 5 [3.] 4. Associate superintendents and all other employees authorized 6 by section twenty-five hundred three of this article, except as other- 7 wise provided in subdivision one of this section, shall be appointed by 8 the board of education, provided, however, that the board of education 9 may enter into an employment contract with an associate, assistant, or 10 other superintendent of schools for a period of from one to five years. 11 [4.] 5. Clerks, draftsmen, inspectors, chemists, tabulating machine 12 operators, secretaries, stenographers, copyists, statisticians, jani- 13 tors, custodians, custodian-engineers, and all other administrative 14 employees of a board of education, unless otherwise provided in this 15 chapter, shall be appointed for a probationary period provided in the 16 civil service law and regulations based thereon. The service of a person 17 appointed to any of such positions may be discontinued by the board of 18 education at any time during such probationary period. Such persons and 19 all others employed in the administrative service of the board of educa- 20 tion who have served the full probationary period shall hold their 21 respective positions during good behavior and efficient and competent 22 service, and shall not be removed except for cause after a hearing by 23 the affirmative vote of a majority of the board. 24 [5.] 6. No principal, supervisor, director, or teacher shall be 25 appointed to the teaching force of such city school district who does 26 not possess qualifications required under this chapter and under the 27 regulations prescribed by the commissioner of education for the persons 28 employed in such positions in the schools of the city school districts 29 of the state, but a board of education may prescribe additional or high- 30 er qualifications for the persons employed in any of such positions. 31 [6.] 7. Rules and regulations shall be adopted governing excusing of 32 absences and for the granting of leaves of absence either with or with- 33 out pay for all members of the teaching and supervising staff and other 34 employees. 35 [7.] 8. Notwithstanding any other provision of this section no period 36 in any school year for which there is no required service and/or for 37 which no compensation is provided shall in any event constitute a break 38 or suspension of probationary period or continuity of tenure rights of 39 any of the persons hereinabove described. 40 § 2. Paragraph (a) of subdivision 1, and subdivisions 3, 5, 6, para- 41 graph (a) of subdivision 10, 11, 16 and 17 of section 2573 of the educa- 42 tion law, paragraph (a) of subdivision 1, and subdivisions 5 and 6 as 43 amended by section 3 of subpart D of part EE of chapter 56 of the laws 44 of 2015, subdivision 3 as amended by chapter 27 of the laws of 2012, 45 paragraph (a) of subdivision 10 and subdivision 11 as amended by chapter 46 650 of the laws of 1990, subdivision 16 as added by chapter 898 of the 47 laws of 1960, and subdivision 17 as amended by chapter 210 of the laws 48 of 2001, are amended to read as follows: 49 (a) i. Teachers and all other members of the teaching staff, appointed 50 prior to July first, two thousand fifteen and authorized by section 51 twenty-five hundred fifty-four of this article, shall be appointed by 52 the board of education, upon the recommendation of the superintendent of 53 schools, for a probationary period of three years, except that in the 54 case of a teacher who has rendered satisfactory service as a regular 55 substitute for a period of up to two years or as a seasonally licensed 56 per session teacher of swimming in day schools who has served in thatS. 5971 6 1 capacity for a period of up to two years and has been appointed to teach 2 the same subject in day schools on an annual salary, the probationary 3 period shall be [limited to] reduced proportionately based upon the 4 length of the satisfactory service one year; provided, however, that in 5 the case of a teacher who has been appointed on tenure in another school 6 district within the state, the school district where currently employed, 7 or a board of cooperative educational services, and who was not 8 dismissed from such district or board as a result of charges brought 9 pursuant to subdivision one of section three thousand twenty-a or 10 section three thousand twenty-b of this chapter, the probationary period 11 shall not exceed two years; provided, however, that in cities with a 12 population of one million or more, a teacher appointed under a newly 13 created license, for teachers of reading and of the emotionally hand- 14 icapped, to a position which the teacher has held for at least two years 15 prior to such appointment while serving on tenure in another license 16 area who was not dismissed as a result of charges brought pursuant to 17 subdivision one of section three thousand twenty-a or section three 18 thousand twenty-b of this chapter, the probationary period shall be one 19 year. The service of a person appointed to any [of] such positions may 20 be discontinued at any time during such probationary period, on the 21 recommendation of the superintendent of schools, by a majority vote of 22 the board of education. Each person who is not to be recommended for 23 appointment on tenure shall be so notified by the superintendent of 24 schools in writing not later than sixty days immediately preceding the 25 expiration of [his or her] their probationary period. In city school 26 districts having a population of four hundred thousand or more, persons 27 with licenses obtained as a result of examinations announced subsequent 28 to the twenty-second day of May, nineteen hundred sixty-nine appointed 29 upon conditions that all announced requirements for the position be 30 fulfilled within a specified period of time, shall not acquire tenure 31 unless and until such requirements have been completed within the time 32 specified for the fulfillment of such requirements, notwithstanding the 33 expiration of any probationary period. In all other city school 34 districts subject to the provisions of this article, failure to maintain 35 certification as required by this article and by the regulations of the 36 commissioner shall be cause for removal within the meaning of subdivi- 37 sion five of this section. 38 ii. Teachers and all other members of the teaching staff appointed on 39 or after July first, two thousand fifteen and authorized by section 40 twenty-five hundred fifty-four of this article, shall be appointed by 41 the board of education, upon the recommendation of the superintendent of 42 schools, for a probationary period of four years, except that in the 43 case of a teacher who has rendered satisfactory service as a regular 44 substitute for a period of up to two years and, if a classroom teacher, 45 has received satisfactory annual [professional performance review46ratings] reviews in each of those years, or has rendered satisfactory 47 service as a seasonally licensed per session teacher of swimming in day 48 schools who has served in that capacity for a period of up to two years 49 and has been appointed to teach the same subject in day schools on an 50 annual salary, the teacher shall be appointed [for] to a probationary 51 period [of two years] that is reduced proportionately based upon the 52 length of the satisfactory service; provided, however, that in the case 53 of a teacher who has been appointed on tenure in another school district 54 within the state, the school district where currently employed, or a 55 board of cooperative educational services, and who was not dismissed 56 from such district or board as a result of charges brought pursuant toS. 5971 7 1 subdivision one of section three thousand twenty-a or section three 2 thousand twenty-b of this chapter, the teacher shall be appointed for a 3 probationary period of three years; provided that, in the case of a 4 classroom teacher, the teacher demonstrates that [he or she] they 5 received [an annual professional performance] a satisfactory annual 6 review [rating pursuant to section three thousand twelve-c or section7three thousand twelve-d of this chapter] in [his or her] their final 8 year of service in such other school district or board of cooperative 9 educational services; provided, however, that in cities with a popu- 10 lation of one million or more, a teacher appointed under a newly created 11 license, for teachers of reading and of the emotionally handicapped, to 12 a position which the teacher has held for at least two years prior to 13 such appointment while serving on tenure in another license area who was 14 not dismissed as a result of charges brought pursuant to subdivision one 15 of section three thousand twenty-a or section three thousand twenty-b of 16 this chapter, the teacher shall be appointed for a probationary period 17 of two years. The service of a person appointed to any [of] such posi- 18 tions may be discontinued at any time during such probationary period, 19 on the recommendation of the superintendent of schools, by a majority 20 vote of the board of education. Each person who is not to be recom- 21 mended for appointment on tenure shall be so notified by the superinten- 22 dent of schools in writing not later than sixty days immediately preced- 23 ing the expiration of [his or her] their probationary period. In all 24 city school districts subject to the provisions of this article, failure 25 to maintain certification as required by this article and by the regu- 26 lations of the commissioner shall be cause for removal within the mean- 27 ing of subdivision five of this section. 28 3. Associate superintendents, examiners and all other employees 29 authorized by section twenty-five hundred fifty-four of this article, 30 except as otherwise provided in subdivision one of this section, shall 31 be appointed by the board of education except that in the city school 32 districts of the cities of Buffalo, Rochester, and Syracuse, the associ- 33 ate, assistant and district superintendents and all other supervising 34 staff who are excluded from the right to bargain collectively pursuant 35 to article fourteen of the civil service law shall be appointed, within 36 amounts budgeted therefor, by the superintendent of such city school 37 district. In a city having a population of one million or more, such 38 appointments shall be made on nomination of the superintendent of 39 schools. Notwithstanding any other provision in this chapter to the 40 contrary, whenever an associate superintendent of schools in the employ 41 of the board of education in a city having a population of one million 42 or more fails of reappointment, said person shall be immediately 43 appointed an assistant superintendent of schools with permanent appoint- 44 ment as said term permanent appointment is defined in subdivisions four, 45 five and six of this section. The salary of such assistant superinten- 46 dent shall be less than the salary of an associate superintendent, but 47 said differential in salary shall not exceed ten per centum of the annu- 48 al salary of an associate superintendent of schools. When, however, an 49 associate superintendent of schools who fails of reappointment has to 50 [his] their credit thirty or more years of city service including ten or 51 more years of service as such associate superintendent of schools, he 52 shall suffer no reduction of salary or of pension prospects while serv- 53 ing as such assistant superintendent of schools. 54 5. (a) At the expiration of the probationary [term] period of any 55 persons appointed for such [term] period prior to July first, two thou- 56 sand fifteen, the superintendent of schools shall make a written reportS. 5971 8 1 to the board of education recommending for permanent appointment those 2 persons who have been found competent, efficient and satisfactory. Such 3 persons and all others employed in the teaching, service of the schools 4 of a city, who have served the full probationary period, shall hold 5 their respective positions during good behavior and efficient and compe- 6 tent service, and shall not be removable except for cause after a hear- 7 ing as provided by section three thousand twenty-a or section three 8 thousand twenty-b of this chapter. 9 (b) At the expiration of the probationary [term] period of any persons 10 appointed for such [term] period on or after July first, two thousand 11 fifteen, the superintendent of schools shall make a written report to 12 the board of education recommending for permanent appointment those 13 persons who have been found competent, efficient and satisfactory and, 14 in the case of a classroom teacher or building principal, who have 15 received [composite annual professional performance review ratings16pursuant to section three thousand twelve-c or section three thousand17twelve-d of this chapter, of either effective or highly effective] 18 satisfactory annual reviews in at least three of the four preceding 19 years, exclusive of any breaks in service[; provided that, notwithstand-20ing any other provision of this section to the contrary, when a teacher21or principal receives an effective and/or highly effective rating in22each year of his or her probationary service except he or she receives23an ineffective rating in the final year of his or her probationary peri-24od, such teacher or principal shall not be eligible for tenure but the25board of education in its discretion, may extend the teacher's proba-26tionary period for an additional year; provided, however, that if such27teacher or principal successfully appealed such ineffective rating, such28teacher or principal shall immediately be eligible for tenure if the29rating resulting from the appeal established that such individual has30been effective or highly effective in at least three of the preceding31four years. At the expiration of the probationary period, the classroom32teacher or building principal shall remain in probationary status until33the end of the school year in which such teacher or principal has34received such ratings of effective or highly effective for at least35three of the four preceding school years, exclusive of any breaks in36service and subject to the terms hereof, during which time a board of37education shall consider whether to grant tenure for those classroom38teachers or building principals who otherwise have been found competent,39efficient and satisfactory. Provided, however, that the board of educa-40tion may grant tenure contingent upon a classroom teacher's or building41principal's receipt of a minimum rating in the final year of the proba-42tionary period, pursuant to the requirements of this section, and if43such contingency is not met after all appeals have been exhausted, the44grant of tenure shall be void and unenforceable and the teacher's or45principal's probationary period may be extended in accordance with this46subdivision]. Such persons who have been recommended for tenure and all 47 others employed in the teaching service of the schools of such school 48 district who have served the full probationary period [as extended] 49 pursuant to this subdivision shall hold their respective positions 50 during good behavior and efficient and competent service, and shall not 51 be removable except for cause after a hearing as provided by section 52 three thousand twenty-a or section three thousand twenty-b of this chap- 53 ter. Failure to maintain certification as required by this chapter and 54 the regulations of the commissioner shall constitute cause for removal. 55 6. (a) In a city having a population of four hundred thousand or more, 56 at the expiration of the probationary term of any persons appointed forS. 5971 9 1 such term prior to July first, two thousand fifteen, the superintendent 2 of schools shall make a written report to the board of education recom- 3 mending for permanent appointment those persons who have been found 4 satisfactory, and such board of education shall immediately thereafter 5 issue to such persons permanent certificates of appointment. Such 6 persons and all others employed in the teaching service of the schools 7 of such city, who have served the full probationary period shall receive 8 permanent certificates to teach issued to them by the certificating 9 authority, except as otherwise provided in subdivision ten-a of this 10 section, and shall hold their respective positions during good behavior 11 and satisfactory teaching service, and shall not be removable except for 12 cause after a hearing as provided by section three thousand twenty-a or 13 section three thousand twenty-b of this chapter. 14 (b) At the expiration of the probationary [term] period of any persons 15 appointed for such [term] period on or after July first, two thousand 16 fifteen, the superintendent of schools shall make a written report to 17 the board of education recommending for permanent appointment those 18 persons who have been found competent, efficient and satisfactory and, 19 in the case of a classroom teacher or building principal, who have 20 received [composite annual professional performance review ratings21pursuant to section three thousand twelve-c or section three thousand22twelve-d of this chapter, of either effective or highly effective] 23 satisfactory annual reviews in at least three of the four preceding 24 years, exclusive of any breaks in service[; provided that, notwithstand-25ing any other provision of this section to the contrary, when a teacher26receives an effective and/or highly effective rating in each year of his27or her probationary service except he or she receives an ineffective28rating in the final year of his or her probationary period, such teacher29or principal shall not be eligible for tenure but the board of education30in its discretion, may extend the teacher's probationary period for an31additional year; provided, however, that if such teacher or principal32successfully appealed such ineffective rating, such teacher or principal33shall immediately be eligible for tenure if the rating resulting from34the appeal established that such individual has been effective or highly35effective in at least three of the preceding four years and was not36ineffective in the final year. At the expiration of the probationary37period, the classroom teacher or building principal shall remain in38probationary status until the end of the school year in which such39teacher or principal has received such ratings of effective or highly40effective for at least three of the four preceding school years, exclu-41sive of any breaks in service and subject to the terms hereof, during42which time a board of education shall consider whether to grant tenure43for those classroom teachers or building principals who otherwise have44been found competent, efficient and satisfactory. Provided, however,45that the board of education may grant tenure contingent upon a classroom46teacher's or building principal's receipt of a minimum rating in the47final year of the probationary period, pursuant to the requirements of48this section, and if such contingency is not met after all appeals have49been exhausted, the grant of tenure shall be void and unenforceable and50the teacher's or principal's probationary period may be extended in51accordance with this subdivision]. Such persons who have been recom- 52 mended for tenure and all others employed in the teaching service of the 53 schools of such school district who have served the full probationary 54 period [as extended] pursuant to this subdivision shall hold their 55 respective positions during good behavior and efficient and competent 56 service, and shall not be removable except for cause after a hearing asS. 5971 10 1 provided by section three thousand twenty-a or section three thousand 2 twenty-b of this chapter. Failure to maintain certification as required 3 by this chapter and the regulations of the commissioner shall constitute 4 cause for removal. 5 (a) In a city having a population of one million or more, recommenda- 6 tions for appointment to the teaching service shall be from the first 7 three persons chosen by random selection from the qualifying eligible 8 lists prepared by the chancellor. Competitive eligible lists in exist- 9 ence at the time of enactment of this subdivision shall not be merged 10 and any such lists shall be exhausted or have expired before nominations 11 are made from a qualifying list of a subsequent date promulgated here- 12 under. Qualifying eligible lists for supervisory positions shall be 13 merged with any subsequently promulgated lists in the same license area 14 so that there shall be one continuing non-expiring eligible list for 15 each license area. No competitive eligible list shall remain in force 16 for a longer period than four years, nor have a life of less than three 17 years. No competitive eligible list now in force shall terminate any 18 sooner than four years from the date on which it was promulgated. The 19 board of education, on the recommendation of the chancellor shall desig- 20 nate, subject to the other provisions of this chapter, the kind and 21 grades of licenses which shall be required for service as principal, 22 branch principal, director, supervisor or teacher of a special branch, 23 head of department, assistant, school psychiatrist, school psychologist, 24 school medical inspector, school social worker, school social casework- 25 er, school secretary, industrial or trade helper in vocational schools, 26 school librarian, laboratory assistant, or any other position of the 27 teaching staff together with the academic and professional qualifica- 28 tions required for each kind or grade of license. No person required to 29 have a license under the provisions of this chapter in order to be 30 employed in a position who does not have such license shall have any 31 claim for salary, except that a person who has been assigned to teach in 32 a subject or field not specifically covered in [his] their license but 33 on the same rank or level of service shall be entitled to [his] their 34 salary. 35 11. In a city [have] having a population of one million or more, the 36 board of education, subject to the approval of the commissioner of 37 education, shall have power to authorize the superintendent of schools 38 to assign any teacher employed to teach any subject or subjects other 39 than any specific subject for which such teacher is licensed. No such 40 assignment shall be made unless the superintendent of schools shall have 41 certified that such teacher is competent to teach the assigned subject 42 or subjects. The superintendent of schools with the approval of the 43 board of education, shall have power to make rules and regulations in 44 relation to ascertainment of competency of teachers to teach such 45 assigned subject or subjects. The assignment of a teacher to teach any 46 such assigned subject shall not operate to change the rank or level of 47 such teacher from that which [he or she] they occupied prior to such 48 assignment. 49 16. In the city school district of the city of New York, the board of 50 education shall ascertain prior to August first, nineteen hundred sixty, 51 and annually thereafter the number of appointments which will be 52 required for the duration of not less than a term of the ensuing school 53 year by reason of leaves of absence granted to members of the teaching 54 staff serving on tenure. The board shall thereupon establish and make 55 appointments to positions of replacement teachers in a number which, 56 including any such teachers already serving as a result of earlierS. 5971 11 1 appointment, shall be at least equal, if possible, and, if not, as near- 2 ly as possible, to two-thirds of the minimum number of such teachers 3 expected to be absent on leave at any one time. Such positions shall 4 constitute a pool from which the board shall assign teachers to replace 5 the teachers who are absent on leave. Appointments to such positions of 6 replacement teachers shall be made from the appropriate eligible lists 7 for the positions for which such replacement teachers will be required 8 as determined by the board. Such positions of replacement teachers shall 9 be in all respects permanent positions in the school system and persons 10 duly appointed by the board to such positions shall be entitled to the 11 rights of tenure and retirement accruing to persons serving in other 12 permanent teaching positions, except that no replacement teacher shall 13 be entitled to the special limitation of the probationary period to one 14 year provided for certain teachers by subdivision one of this section. 15 Upon acceptance of appointment as replacement teacher, the name of each 16 such appointee shall be placed on a preferred eligible list as a candi- 17 date for appointment to any permanent teaching position for which he 18 holds a valid license and such candidates shall be entitled to appoint- 19 ment from such preferred eligible list in order of their placement on 20 such list. At any time when the total number of positions of replacement 21 teacher in such pool exceeds the total number of teachers who will be 22 absent on leave for the ensuing term of school, the board may abolish 23 positions in such pool which are in excess of the number of teachers to 24 be absent on leave as aforesaid, or may use replacement teachers in such 25 pool instead of substitute teachers to replace teachers who are absent 26 for shorter periods than one term. Whenever a particular replacement 27 teacher cannot be used to replace any teacher who is absent on leave for 28 a full term, [he] they may similarly be used to replace teachers who are 29 absent for shorter periods. Nothing herein contained shall be construed 30 as preventing the appointment of regular substitute teachers to replace 31 teachers absent on leave when no persons holding positions created 32 pursuant to this subdivision are available for such replacement. 33 17. In the city school district of the city of Buffalo, the board of 34 education shall, within sixty days of the effective date of this subdi- 35 vision and annually prior to August first of each year thereafter, 36 ascertain the number of appointments which will be required for the 37 duration of not less than a term of the ensuing school year by reason of 38 leaves of absence granted to members of the teaching staff serving on 39 tenure. The board shall thereupon establish and make appointments to 40 positions of replacement teachers in a number which, including any such 41 teachers already serving as a result of earlier appointment, shall be 42 equal, if possible, or as nearly as possible, to two-thirds of the mini- 43 mum number of such teachers expected to be absent on leave at any one 44 time. Such positions shall constitute a pool from which the board shall 45 assign teachers to replace the teachers who are absent on leave. Such 46 positions of replacement teachers shall be in all respects permanent 47 positions in the school system and persons duly appointed by the board 48 to such positions shall be entitled to the rights of tenure and retire- 49 ment accruing to persons serving in other permanent teaching positions, 50 except that no replacement teacher shall be entitled to the special 51 limitation of the probationary period to one year provided for certain 52 teachers by subdivision one of this section. Upon acceptance of appoint- 53 ment as replacement teacher, the name of each such appointee shall be 54 placed on a preferred eligible list as a candidate for appointment to 55 any permanent teaching position for which [he or she holds] they hold a 56 valid license and such candidates shall be entitled to appointment fromS. 5971 12 1 such preferred eligible list in order of their placement on such list. 2 At any time when the total number of positions of replacement teacher in 3 such pool exceeds the total number of teachers who will be absent on 4 leave for the ensuing term of school, the board may abolish positions in 5 such pool which are in excess of the number of teachers to be absent on 6 leave as aforesaid, or may use replacement teachers in such pool instead 7 of substitute teachers to replace teachers who are absent for shorter 8 periods than one term. Whenever a particular replacement teacher cannot 9 be used to replace any teacher who is absent on leave for a full term, 10 [he or she] they may similarly be used to replace teachers who are 11 absent for shorter periods. Nothing herein contained shall be construed 12 as preventing the appointment of regular substitute teachers to replace 13 teachers absent on leave when no persons holding positions created 14 pursuant to this subdivision are available for such replacement. 15 § 3. Section 3012 of the education law, as amended by section 4 of 16 subpart D of part EE of chapter 56 of the laws of 2015, is amended to 17 read as follows: 18 § 3012. Tenure: certain school districts. 1. (a) i. Teachers and all 19 other members of the teaching staff of school districts, including 20 common school districts and/or school districts employing fewer than 21 eight teachers, other than city school districts, who are appointed 22 prior to July first, two thousand fifteen, shall be appointed by the 23 board of education, or the trustees of common school districts, upon the 24 recommendation of the superintendent of schools, for a probationary 25 period of three years, except that in the case of a teacher who has 26 rendered satisfactory service as a regular substitute for a period of up 27 to two years or as a seasonally licensed per session teacher of swimming 28 in day schools who has served in that capacity for a period of up to two 29 years and has been appointed to teach the same subject in day schools, 30 on an annual salary, the probationary period shall be [limited to one31year] reduced proportionately based upon the length of the satisfactory 32 service; provided, however, that in the case of a teacher who has been 33 appointed on tenure in another school district within the state, the 34 school district where currently employed, or a board of cooperative 35 educational services, and who was not dismissed from such district or 36 board as a result of charges brought pursuant to subdivision one of 37 section three thousand twenty-a or section three thousand twenty-b of 38 this article, the probationary period shall not exceed two years. The 39 service of a person appointed to any [of] such positions may be discon- 40 tinued at any time during such probationary period, on the recommenda- 41 tion of the superintendent of schools, by a majority vote of the board 42 of education or the trustees of a common school district. 43 ii. Teachers and all other members of the teaching staff of school 44 districts, including common school districts and/or school districts 45 employing fewer than eight teachers, other than city school districts, 46 who are appointed on or after July first, two thousand fifteen, shall be 47 appointed by the board of education, or the trustees of common school 48 districts, upon the recommendation of the superintendent of schools, for 49 a probationary period of four years, except that in the case of a teach- 50 er who has rendered satisfactory service as a regular substitute for a 51 period of two years and, if a classroom teacher, has received satisfac- 52 tory annual [professional performance review ratings] reviews in each of 53 those years, or has rendered satisfactory service as a seasonally 54 licensed per session teacher of swimming in day schools who has served 55 in that capacity for a period of up to two years and has been appointed 56 to teach the same subject in day schools, on an annual salary, theS. 5971 13 1 teacher shall be appointed [for] to a probationary period [of two years] 2 reduced proportionately based upon the length of the satisfactory 3 service; provided, however, that in the case of a teacher who has been 4 appointed on tenure in another school district within the state, the 5 school district where currently employed, or a 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 subdivision one of 8 section three thousand twenty-a or section three thousand twenty-b of 9 this article, the teacher shall be appointed for a probationary period 10 of three years; provided that, in the case of a classroom teacher, the 11 teacher demonstrates that [he or she] they received [an annual profes-12sional performance] a satisfactory review [rating pursuant to section13three thousand twelve-c or section three thousand twelve-d of this chap-14ter] in [his or her] their final year of service in such other school 15 district or board of cooperative educational services. The service of a 16 person appointed to any of such positions may be discontinued at any 17 time during such probationary period, on the recommendation of the 18 superintendent of schools, by a majority vote of the board of education 19 or the trustees of a common school district. 20 (b) i. Principals, administrators, supervisors and all other members 21 of the supervising staff of school districts, including common school 22 districts and/or school districts employing fewer than eight teachers, 23 other than city school districts, who are appointed prior to July first, 24 two thousand fifteen, shall be appointed by the board of education, or 25 the trustees of a common school district, upon the recommendation of the 26 superintendent of schools for a probationary period of three years. The 27 service of a person appointed to any of such positions may be discontin- 28 ued at any time during the probationary period on the recommendation of 29 the superintendent of schools, by a majority vote of the board of educa- 30 tion or the trustees of a common school district. 31 ii. Principals, administrators, supervisors and all other members of 32 the supervising staff of school districts, including common school 33 districts and/or school districts employing fewer than eight teachers, 34 other than city school districts, who are appointed on or after July 35 first, two thousand fifteen, shall be appointed by the board of educa- 36 tion, or the trustees of a common school district, upon the recommenda- 37 tion of the superintendent of schools for a probationary period of four 38 years. The service of a person appointed to any of such positions may be 39 discontinued at any time during the probationary period on the recommen- 40 dation of the superintendent of schools, by a majority vote of the board 41 of education or the trustees of a common school district. 42 (c) Any person previously appointed to tenure or a probationary period 43 pursuant to the provisions of former section three thousand thirteen of 44 this article shall continue to hold such position and be governed by the 45 provisions of this section notwithstanding any contrary provision of 46 law. 47 2. (a) Teachers and all other members of the teaching staff of school 48 districts, including common school districts and/or school districts 49 employing fewer than eight teachers, other than city school districts, 50 who are appointed on or after July first, two thousand nineteen, shall 51 be appointed by the board of education, or the trustees of common school 52 districts, upon the recommendation of the superintendent of schools, for 53 a probationary period of three years, except that in the case of a 54 teacher who has rendered satisfactory service as a regular substitute 55 for a period of up to two years and, if a classroom teacher, has 56 received satisfactory annual reviews in each of those years, or hasS. 5971 14 1 rendered satisfactory service as a seasonally licensed per session 2 teacher of swimming in day schools who has served in that capacity for a 3 period of up to two years and has been appointed to teach the same 4 subject in day schools, on an annual salary, such teacher shall be 5 appointed for a probationary period reduced proportionately based upon 6 the length of the satisfactory service; provided, however, that in the 7 case of a teacher who has been appointed on tenure in another school 8 district within the state, the school district where currently employed, 9 or a board of cooperative educational services, and who was not 10 dismissed from such district or board as a result of charges brought 11 pursuant to subdivision one of section three thousand twenty-a or 12 section three thousand twenty-b of this article, such teacher shall be 13 appointed for a probationary period of two years; provided that, in the 14 case of a classroom teacher, the teacher demonstrates that they received 15 a satisfactory review in their final year of service in such other 16 school district or board of cooperative educational services. The 17 service of a person appointed to any such positions may be discontinued 18 at any time during such probationary period, on the recommendation of 19 the superintendent of schools, by a majority vote of the board of educa- 20 tion or the trustees of a common school district. 21 (b) Principals, administrators, supervisors and all other members of 22 the supervising staff of school districts, including common school 23 districts and/or school districts employing fewer than eight teachers, 24 other than city school districts, who are appointed on or after July 25 first, two thousand nineteen, shall be appointed by the board of educa- 26 tion, or the trustees of a common school district, upon the recommenda- 27 tion of the superintendent of schools for a probationary period of three 28 years. The service of a person appointed to any such positions may be 29 discontinued at any time during the probationary period on the recommen- 30 dation of the superintendent of schools, by a majority vote of the board 31 of education or the trustees of a common school district. 32 3. (a) At the expiration of the probationary [term] period of a person 33 appointed for such [term] period prior to July first, two thousand 34 fifteen, subject to the conditions of this section, the superintendent 35 of schools shall make a written report to the board of education or the 36 trustees of a common school district recommending for appointment on 37 tenure those persons who have been found competent, efficient and satis- 38 factory. Such persons, and all others employed in the teaching service 39 of the schools of such union free school district, common school 40 district and/or school district employing fewer than eight teachers, who 41 have served the probationary period as provided in this section, shall 42 hold their respective positions during good behavior and efficient and 43 competent service, and shall not be removed except for any of the 44 following causes, after a hearing, as provided by section three thousand 45 twenty-a or section three thousand twenty-b of this article: (a) insub- 46 ordination, immoral character or conduct unbecoming a teacher; (b) inef- 47 ficiency, incompetency, physical or mental disability, or neglect of 48 duty; (c) failure to maintain certification as required by this chapter 49 and by the regulations of the commissioner. Each person who is not to be 50 recommended for appointment on tenure, shall be so notified by the 51 superintendent of schools in writing not later than sixty days imme- 52 diately preceding the expiration of [his] the probationary period. 53 (b) At the expiration of the probationary [term] period of a person 54 appointed for such [term] period on or after July first, two thousand 55 fifteen, subject to the conditions of this section, the superintendent 56 of schools shall make a written report to the board of education or theS. 5971 15 1 trustees of a common school district recommending for appointment on 2 tenure those persons who have been found competent, efficient and satis- 3 factory and, in the case of a classroom teacher or building principal, 4 who have received [composite] satisfactory annual [professional perform-5ance review ratings pursuant to section three thousand twelve-c or6section three thousand twelve-d of this article, of either effective or7highly effective] reviews in at least three of the four preceding years, 8 exclusive of any breaks in service[; provided that, notwithstanding any9other provision of this section to the contrary, when a teacher or prin-10cipal receives an effective or highly effective rating in each year of11his or her probationary service except he or she receives an ineffective12rating in the final year of his or her probationary period, such teacher13shall not be eligible for tenure but the board of education, in its14discretion, may extend the teacher's probationary period for an addi-15tional year; provided, however, that if such teacher or principal16successfully appealed such ineffective rating, such teacher or principal17shall immediately be eligible for tenure if the rating resulting from18the appeal established that such individual has been effective or highly19effective in at least three of the preceding four years and was not20ineffective in the final year. At the expiration of the probationary21period, the classroom teacher or building principal shall remain in22probationary status until the end of the school year in which such23teacher or principal has received such ratings of effective or highly24effective for at least three of the four preceding school years, exclu-25sive of any breaks in service, and subject to the terms hereof, during26which time the trustees or board of education shall consider whether to27grant tenure for those classroom teachers or building principals who28otherwise have been found competent, efficient and satisfactory.29Provided, however, that the trustees or board of education may grant30tenure contingent upon a classroom teacher's or building principal's31receipt of a minimum rating in the final year of the probationary peri-32od, pursuant to the requirements of this section, and if such contingen-33cy is not met after all appeals have been exhausted, the grant of tenure34shall be void and unenforceable and the teacher's or principal's proba-35tionary period may be extended in accordance with this subdivision]. 36 Such persons who have been recommended for tenure and all others 37 employed in the teaching service of the schools of such school district 38 who have served the full probationary period [as extended] pursuant to 39 this subdivision shall hold their respective positions during good 40 behavior and efficient and competent service, and shall not be removable 41 except for cause after a hearing as provided by section three thousand 42 twenty-a or section three thousand twenty-b of this article. Failure to 43 maintain certification as required by this chapter and the regulations 44 of the commissioner shall constitute cause for removal. 45 [3.] 4. Notwithstanding any other provision of this section no period 46 in any school year for which there is no required service and/or for 47 which no compensation is provided shall in any event constitute a break 48 or suspension of probationary period or continuity of tenure rights of 49 any of the persons hereinabove described. 50 § 4. Section 3014 of the education law, as amended by section 5 of 51 subpart D of part EE of chapter 56 of the laws of 2015, is amended to 52 read as follows: 53 § 3014. Tenure: boards of cooperative educational services. 1. (a) 54 Administrative assistants, supervisors, teachers and all other members 55 of the teaching and supervising staff of the board of cooperative educa- 56 tional services appointed prior to July first, two thousand fifteen,S. 5971 16 1 shall be appointed by a majority vote of the board of cooperative educa- 2 tional services upon the recommendation of the district superintendent 3 of schools for a probationary period [of] not to exceed three years; 4 provided, however, that in the case of a teacher who has been appointed 5 on tenure in a school district within the state, the board of cooper- 6 ative educational services where currently employed, or another board of 7 cooperative educational services, and who was not dismissed from such 8 district or board as a result of charges brought pursuant to subdivision 9 one of section three thousand twenty-a or section three thousand twen- 10 ty-b of this article, the probationary period shall not exceed two 11 years. Services of a person so appointed to any such positions may be 12 discontinued at any time during such probationary period, upon the 13 recommendation of the district superintendent, by a majority vote of the 14 board of cooperative educational services. 15 (b) Administrative assistants, supervisors, teachers and all other 16 members of the teaching and supervising staff of the board of cooper- 17 ative educational services appointed on or after July first, two thou- 18 sand fifteen, shall be appointed by a majority vote of the board of 19 cooperative educational services upon the recommendation of the district 20 superintendent of schools for a probationary period [of] not to exceed 21 four years; provided, however, that in the case of a teacher who has 22 been appointed on tenure in a school district within the state, the 23 board of cooperative educational services where currently employed, or 24 another board of cooperative educational services, and who was not 25 dismissed from such district or board as a result of charges brought 26 pursuant to section three thousand twenty-a or section three thousand 27 twenty-b of this article, the teacher shall be appointed for a proba- 28 tionary period of three years; provided that, in the case of a classroom 29 teacher, the teacher demonstrates that [he or she] they received a 30 [composite] satisfactory annual [professional performance] review 31 [rating pursuant to section three thousand twelve-c or three thousand32twelve-d of this chapter of either effective or highly effective] in 33 [his or her] their final year of service in such other school district 34 or board of cooperative educational services. Services of a person so 35 appointed to any such positions may be discontinued at any time during 36 such probationary period, upon the recommendation of the district super- 37 intendent, by a majority vote of the board of cooperative educational 38 services. 39 (c) Administrative assistants, supervisors, teachers and all other 40 members of the teaching and supervising staff of the board of cooper- 41 ative educational services appointed on or after July first, two thou- 42 sand nineteen, shall be appointed by a majority vote of the board of 43 cooperative educational services upon the recommendation of the district 44 superintendent of schools for a probationary period not to exceed three 45 years; provided, however, that in the case of a teacher who has been 46 appointed on tenure in a school district within the state, the board of 47 cooperative educational services where currently employed, or another 48 board of cooperative educational services, and who was not dismissed 49 from such district or board as a result of charges brought pursuant to 50 section three thousand twenty-a or section three thousand twenty-b of 51 this article, such teacher shall be appointed for a probationary period 52 of two years; provided that, in the case of a classroom teacher, such 53 teacher demonstrates that they received a satisfactory annual review in 54 their final year of service in such other school district or board of 55 cooperative educational services. Services of a person so appointed to 56 any such positions may be discontinued at any time during such proba-S. 5971 17 1 tionary period, upon the recommendation of the district superintendent, 2 by a majority vote of the board of cooperative educational services. 3 2. (a) On or before the expiration of the probationary [term] period 4 of a person appointed for such [term] period prior to July first, two 5 thousand fifteen, the district superintendent of schools shall make a 6 written report to the board of cooperative educational services recom- 7 mending for appointment on tenure persons who have been found competent, 8 efficient and satisfactory. Such persons shall hold their respective 9 positions during good behavior and competent and efficient service and 10 shall not be removed except for any of the following causes, after a 11 hearing, as provided by section three thousand twenty-a or section three 12 thousand twenty-b of this article: (i) Insubordination, immoral charac- 13 ter or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or 14 neglect of duty; (iii) Failure to maintain certification as required by 15 this chapter and by the regulations of the commissioner. Each person who 16 is not to be so recommended for appointment on tenure shall be so noti- 17 fied in writing by the district superintendent not later than sixty days 18 immediately preceding the expiration of [his or her] their probationary 19 period. 20 (b) On or before the expiration of the probationary [term] period of a 21 person appointed for such [term] period on or after July first, two 22 thousand fifteen, the district superintendent of schools shall make a 23 written report to the board of cooperative educational services recom- 24 mending for appointment on tenure persons who have been found competent, 25 efficient and satisfactory and, in the case of a classroom teacher or 26 building principal, who have received [composite] annual [professional27performance review ratings pursuant to section three thousand twelve-c28or section three thousand twelve-d of this article, of either effective29or highly effective in at least three of the four preceding years,] 30 reviews in at least three of the four preceding years, exclusive of any 31 breaks in service[; provided that, notwithstanding any other provision32of this section to the contrary, when a teacher or principal receives an33effective or highly effective rating in each year of his or her proba-34tionary service except he or she receives an ineffective rating in the35final year of his or her probationary period, such teacher shall not be36eligible for tenure but the board of education in its discretion, may37extend the teacher's probationary period for an additional year;38provided, however that if such teacher or principal successfully39appealed such ineffective rating, such teacher or principal shall imme-40diately be eligible for tenure if the rating resulting from the appeal41established that such individual has been effective or highly effective42in at least three of the preceding four years and was not ineffective in43the final year. At the expiration of the probationary period, the class-44room teacher or building principal shall remain in probationary status45until the end of the school year in which such teacher or principal has46received such ratings of effective or highly effective for at least47three of the four preceding school years, exclusive of any breaks in48service, during which time a board of cooperative educational services49shall consider whether to grant tenure for those classroom teachers or50building principals who otherwise have been found competent, efficient51and satisfactory. Provided, however, that the board of cooperative52educational services may grant tenure contingent upon a classroom teach-53er's or building principal's receipt of a minimum rating in the final54year of the probationary period, pursuant to the requirements of this55section, and if such contingency is not met after all appeals have been56exhausted, the grant of tenure shall be void and unenforceable and theS. 5971 18 1teacher's or principal's probationary period may be extended in accord-2ance with this subdivision]. Such persons shall hold their respective 3 positions during good behavior and competent and efficient service and 4 shall not be removed except for any of the following causes, after a 5 hearing, as provided by section three thousand twenty-a or section three 6 thousand twenty-b of this article: (i) Insubordination, immoral charac- 7 ter or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or 8 neglect of duty; (iii) Failure to maintain certification as required by 9 this chapter and by the regulations of the commissioner. Each person who 10 is not to be so recommended for appointment on tenure shall be so noti- 11 fied in writing by the district superintendent not later than sixty days 12 immediately preceding the expiration of [his or her] the probationary 13 period. 14 § 5. This act shall take effect immediately.