Bill Text: NY S08992 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to annual professional performance review of classroom teachers and building principals; increases the number of charters issued; makes permanent provisions relating to standardized tests not being included on a student's permanent record; expands the scope of unlawful discriminatory practices; reduces the probationary period for assistants, superintendents, teachers and other school employees; repeals provisions of the education law.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-06-20 - referred to education [S08992 Detail]
Download: New_York-2017-S08992-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8992 IN SENATE June 11, 2018 ___________ Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the education law, in relation to annual professional performance review of classroom teachers and building principals; in relation to increasing the number of charters issued; to amend the executive law, in relation to expanding the scope of unlawful discri- minatory practices to include public educational institutions; to amend subpart B of part AA of chapter 56 of the laws of 2014 amending the education law relating to providing that standardized test scores shall not be included on a student's permanent record, in relation to making such provisions permanent; to amend the education law, in relation to reducing the probationary period for assistants and other superintendents, teachers and other employees; and to repeal certain provisions of the education law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3012-c of the education law is REPEALED. 2 § 2. Section 3012-d of the education law is REPEALED. 3 § 3. The education law is amended by adding a new section 3012-b to 4 read as follows: 5 § 3012-b. Annual professional performance review of classroom teachers 6 and building principals. 1. Notwithstanding any other provision of law, 7 rule or regulation to the contrary, the annual professional performance 8 reviews of all classroom teachers and building principals employed by 9 school districts or boards of cooperative educational services shall be 10 conducted in accordance with the provisions of this section. 11 2. Annual professional performance reviews shall be determined through 12 collective bargaining, provided however that the content of such annual 13 professional performance reviews shall comply with the provisions of 14 subdivision forty-nine of section three hundred five of this chapter and 15 shall not unnecessarily increase the amount of tests students are 16 required to take in a particular school year. The department may issue 17 guidelines to help school districts and boards of cooperative educa- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15921-12-8S. 8992 2 1 tional services determine the content of such annual professional 2 performance reviews. 3 3. Classroom teachers and building principals shall receive final 4 annual professional performance review ratings of either: (i) highly 5 effective; (ii) effective; (iii) developing; or (iv) ineffective. The 6 process and parameters for determining each rating shall be determined 7 by the school district or board of cooperative educational services 8 through collective bargaining. 9 4. Notwithstanding any other provision of law, rule, or regulation to 10 the contrary until a successor collective bargaining agreement is 11 entered into, the provisions of the collective bargaining agreement in 12 effect on the effective date of this section relating to annual profes- 13 sional performance reviews conducted pursuant to former section three 14 thousand twelve-d of this article shall remain in effect. 15 5. Notwithstanding any other provision of law, rule or regulation to 16 the contrary, all collective bargaining agreements entered into after 17 the effective date of this section shall be consistent with the require- 18 ments of this section, unless the agreement relates to the two thousand 19 seventeen--two thousand eighteen school year only. Nothing in this 20 section shall be construed to abrogate any conflicting provisions of any 21 collective bargaining agreement in effect prior to the effective date of 22 this section during the term of such agreement and until the entry into 23 a successor collective bargaining agreement, provided that notwithstand- 24 ing any other provision of law to the contrary, upon expiration of such 25 term and the entry into a successor collective bargaining agreement the 26 provisions of this section shall apply. 27 § 4. Subdivision 9 of section 2852 of the education law, as amended by 28 section 2 of subpart A of part B of chapter 20 of the laws of 2015, is 29 amended to read as follows: 30 9. The total number of charters issued pursuant to this article state- 31 wide shall not exceed four hundred sixty. (a) All charters issued on or 32 after July first, two thousand fifteen and counted toward the numerical 33 limits established by this subdivision shall be issued by the board of 34 regents upon application directly to the board of regents or on the 35 recommendation of the board of trustees of the state university of New 36 York pursuant to a competitive process in accordance with subdivision 37 nine-a of this section. [Fifty] Ninety percent of such charters issued 38 annually on or after [July first, two thousand fifteen,] the effective 39 date of the chapter of the laws of two thousand eighteen that amended 40 this subdivision and no more, shall be granted to a charter for a school 41 to be located in a city having a population of one million or more. The 42 failure of any body to issue the regulations authorized pursuant to this 43 article shall not affect the authority of a charter entity to propose a 44 charter to the board of regents or the board of regents' authority to 45 grant such charter. A conversion of an existing public school to a char- 46 ter school, or the renewal or extension of a charter approved by any 47 charter entity, shall not be counted toward the numerical limits estab- 48 lished by this subdivision. 49 (b) A charter that has been surrendered, revoked or terminated [on or50before July first, two thousand fifteen], including a charter that has 51 not been renewed by action of its charter entity, may be reissued pursu- 52 ant to paragraph (a) of this subdivision by the board of regents either 53 upon application directly to the board of regents or on the recommenda- 54 tion of the board of trustees of the state university of New York pursu- 55 ant to a competitive process in accordance with subdivision nine-a of 56 this section. Provided that such reissuance shall not be counted towardS. 8992 3 1 the statewide numerical limit established by this subdivision[, and2provided further that no more than twenty-two charters may be reissued3pursuant to this paragraph]. 4 (c) For purposes of determining the total number of charters issued 5 within the numerical limits established by this subdivision, the 6 approval date of the charter entity shall be the determining factor. 7 (d) Notwithstanding any provision of this article to the contrary, any 8 charter authorized to be issued by chapter fifty-seven of the laws of 9 two thousand seven effective July first, two thousand seven, and that 10 remains unissued as of July first, two thousand fifteen, may be issued 11 pursuant to the provisions of law applicable to a charter authorized to 12 be issued by such chapter in effect as of June fifteenth, two thousand 13 fifteen[; provided however that nothing in this paragraph shall be14construed to increase the numerical limit applicable to a city having a15population of one million or more as provided in paragraph (a) of this16subdivision, as amended by a chapter of the laws of two thousand fifteen17which added this paragraph]. 18 § 5. Subdivision 9 of section 2852 of the education law, as amended by 19 section 2 of subpart A of part B of chapter 20 of the laws of 2015, is 20 amended to read as follows: 21 9. The total number of charters issued pursuant to this article state- 22 wide shall not exceed [four] five hundred sixty. (a) All charters issued 23 on or after July first, two thousand fifteen and counted toward the 24 numerical limits established by this subdivision shall be issued by the 25 board of regents upon application directly to the board of regents or on 26 the recommendation of the board of trustees of the state university of 27 New York pursuant to a competitive process in accordance with subdivi- 28 sion nine-a of this section. [Fifty of such charters issued on or after29July first, two thousand fifteen, and no more, shall be granted to a30charter for a school to be located in a city having a population of one31million or more.] The failure of any body to issue the regulations 32 authorized pursuant to this article shall not affect the authority of a 33 charter entity to propose a charter to the board of regents or the board 34 of regents' authority to grant such charter. A conversion of an existing 35 public school to a charter school, or the renewal or extension of a 36 charter approved by any charter entity, shall not be counted toward the 37 numerical limits established by this subdivision. 38 (b) A charter that has been surrendered, revoked or terminated [on or39before July first, two thousand fifteen], including a charter that has 40 not been renewed by action of its charter entity, may be reissued pursu- 41 ant to paragraph (a) of this subdivision by the board of regents either 42 upon application directly to the board of regents or on the recommenda- 43 tion of the board of trustees of the state university of New York pursu- 44 ant to a competitive process in accordance with subdivision nine-a of 45 this section. Provided that such reissuance shall not be counted toward 46 the statewide numerical limit established by this subdivision[, and47provided further that no more than twenty-two charters may be reissued48pursuant to this paragraph]. 49 (c) For purposes of determining the total number of charters issued 50 within the numerical limits established by this subdivision, the 51 approval date of the charter entity shall be the determining factor. 52 (d) Notwithstanding any provision of this article to the contrary, any 53 charter authorized to be issued by chapter fifty-seven of the laws of 54 two thousand seven effective July first, two thousand seven, and that 55 remains unissued as of July first, two thousand fifteen, may be issued 56 pursuant to the provisions of law applicable to a charter authorized toS. 8992 4 1 be issued by such chapter in effect as of June fifteenth, two thousand 2 fifteen[; provided however that nothing in this paragraph shall be3construed to increase the numerical limit applicable to a city having a4population of one million or more as provided in paragraph (a) of this5subdivision, as amended by a chapter of the laws of two thousand fifteen6which added this paragraph]. 7 § 5-a. The opening paragraph of paragraph (a) of subdivision 9-a of 8 section 2852 of the education law, as amended by section 2 of subpart A 9 of part B of chapter 20 of the laws of 2015, is amended to read as 10 follows: 11 The board of regents is hereby authorized and directed to issue [four] 12 five hundred sixty charters statewide upon either applications submitted 13 directly to the board of regents or upon the recommendation of the board 14 of trustees of the state university of New York pursuant to a compet- 15 itive request for proposals process. 16 § 6. Subdivision 2 of section 3204 of the education law, as amended by 17 section 1 of part SSS of chapter 59 of the laws of 2018, is amended to 18 read as follows: 19 2. Quality and language of instruction; text-books. (i) Instruction 20 may be given only by a competent teacher. In the teaching of the 21 subjects of instruction prescribed by this section, English shall be the 22 language of instruction, and text-books used shall be written in 23 English, except that for a period of three years, which period may be 24 extended by the commissioner with respect to individual pupils, upon 25 application therefor by the appropriate school authorities, to a period 26 not in excess of six years, from the date of enrollment in school, 27 pupils who, by reason of foreign birth or ancestry have limited English 28 proficiency, shall be provided with instructional programs as specified 29 in subdivision two-a of this section and the regulations of the commis- 30 sioner. The purpose of providing such pupils with instruction shall be 31 to enable them to develop academically while achieving competence in the 32 English language. Instruction given to a minor elsewhere than at a 33 public school shall be at least substantially equivalent to the instruc- 34 tion given to minors of like age and attainments at the public schools 35 of the city or district where the minor resides. 36 (ii) For purposes of considering substantial equivalence pursuant to 37 this subdivision for nonpublic elementary and middle schools that are: 38 (1) non-profit corporations, (2) have a bi-lingual program, and (3) have 39 an educational program that extends from no later than nine a.m. until 40 no earlier than four p.m. for grades one through [three, and no earlier41than five thirty p.m. for grades four through] eight, on the majority of 42 weekdays to meet the requirements of this section, the department shall 43 consider the following, but not limited to: if the curriculum provides 44 academically rigorous instruction that develops critical thinking skills 45 in the school's students, taking into account the entirety of the 46 curriculum, over the course of elementary and middle school, including 47 instruction in English [that will] to prepare pupils to read fiction and 48 nonfiction text for information and to use that information to construct 49 written essays that state a point of view or support an argument; 50 instruction in mathematics [that will] to prepare pupils to solve real 51 world problems using both number sense and fluency with mathematical 52 functions and operations; instruction in history [by being able] to 53 prepare pupils to interpret and analyze primary text to identify and 54 explore important events in history, to construct written arguments 55 using the supporting information they get from primary source material, 56 demonstrate an understating of the role of geography and economics inS. 8992 5 1 the actions of world civilizations, and an understanding of civics and 2 the responsibilities of citizens in world communities; and instruction 3 in science [by learning] to teach pupils how to gather, analyze and 4 interpret observable data to make informed decisions and solve problems 5 mathematically, using deductive and inductive reasoning to support a 6 hypothesis, and how to differentiate between correlational and causal 7 relationships. 8 (iii) For purposes of considering substantial equivalence pursuant to 9 this subdivision for nonpublic high schools that: (1) are established 10 for pupils in high school who have graduated from an elementary school 11 that provides instruction as described in this section, (2) are a non- 12 profit corporation, (3) have a bi-lingual program, and (4) have an 13 educational program that extends from no later than nine a.m. until no 14 earlier than [six] four-thirty p.m. on the majority of weekdays to meet 15 the requirements of this section the department shall consider the 16 following but not limited to: if the curriculum provides academically 17 rigorous instruction that develops critical thinking skills in the 18 school's students, the outcomes of which, taking into account the 19 entirety of the curriculum, result in a sound basic education. 20 (iv) Nothing herein shall be construed to entitle or permit any school 21 to receive an increase in mandated services aid pursuant to 8 NYCRR 176 22 on account of providing a longer school day. 23 (v) [The commissioner shall be the entity that determines whether24nonpublic elementary and secondary schools are in compliance with the25academic requirements set forth in paragraphs (ii) and (iii) of this26subdivision.] In determining compliance with the academic requirements 27 set forth in paragraphs (ii) and (iii) of this subdivision, the commis- 28 sioner shall designate an entity or entities with expertise in the 29 curriculum of the schools described in paragraphs (ii) and (iii) of this 30 subdivision to evaluate the schools' compliance with said requirements, 31 and shall defer to such entity's expertise in making such evaluation. 32 (vi) For purposes of determining compliance with the academic require- 33 ments set forth in paragraphs (ii) and (iii) of this subdivision, the 34 determination shall be based solely on teaching the enumerated criteria 35 contained therein; provided, however, that nothing in this paragraph 36 shall prohibit schools from providing instruction in areas not enumer- 37 ated within paragraphs (ii) and (iii) of this subdivision. 38 (vii) Upon a finding of non-compliance the following steps may be 39 taken: 40 (a) The commissioner may issue a report recommending corrective 41 actions to satisfy the academic requirements established herein. 42 (b) Such school may accept and implement the recommended corrective 43 actions or establish its own plan for resolving the stated deficiencies, 44 and be afforded adequate time to implement such corrective actions. Upon 45 failure of a school to remedy the non-compliance, the commissioner may 46 deem the school's curriculum to be deficient and place the school on 47 probation for a period of one year. During such probationary period the 48 school shall be required to retain and work with a curriculum specialist 49 to further address and resolve the deficiencies and shall be subject to 50 further and periodic monitoring by the commissioner until the deficien- 51 cies are resolved pursuant to this subdivision. 52 (c) If a school is deemed not to be in compliance after the probation- 53 ary period described above, the commissioner shall inform parents of 54 students enrolled in such school that the instruction provided by the 55 school was determined not to be in compliance.S. 8992 6 1 § 7. Section 292 of the executive law is amended by adding a new 2 subdivision 35 to read as follows: 3 35. The term "educational institution" shall mean: 4 (a) any education corporation or association which holds itself out to 5 the public to be non-secretarian and exempt from taxation pursuant to 6 the provisions of article four of the real property tax law; or 7 (b) any public school, including any school district, board of cooper- 8 ative education services, public college or public university. 9 § 8. Subdivision 4 of section 296 of the executive law, as amended by 10 chapter 106 of the laws of 2003, is amended to read as follows: 11 4. It shall be an unlawful discriminatory practice for an [education12corporation or association which holds itself out to the public to be13non-sectarian and exempt from taxation pursuant to the provisions of14article four of the real property tax law] educational institution to 15 deny the use of its facilities to any person otherwise qualified, or to 16 permit the harassment of any student or applicant, by reason of his 17 race, color, religion, disability, national origin, sexual orientation, 18 military status, sex, age or marital status, except that any such insti- 19 tution which establishes or maintains a policy of educating persons of 20 one sex exclusively may admit students of only one sex. 21 § 9. Section 2 of subpart B of part AA of chapter 56 of the laws of 22 2014 amending the education law relating to providing that standardized 23 test scores shall not be included on a student's permanent record, as 24 amended by section 35 of part CCC of chapter 59 of the laws of 2018, is 25 amended to read as follows: 26 § 2. This act shall take effect immediately [and shall expire and be27deemed repealed on December 31, 2019]. 28 § 10. Subdivisions 1 and 2 of section 2509 of the education law, 29 subdivision 1 as amended by chapter 116 of the laws of 1971, paragraphs 30 (a) and (b) of subdivision 1 as amended by section 1 and subdivision 2 31 as amended by section 2 of subpart D of part EE of chapter 56 of the 32 laws of 2015, are amended to read as follows: 33 1. (a) i. Teachers and all other members of the teaching staff 34 appointed prior to July first, two thousand fifteen and authorized by 35 section twenty-five hundred three of this article, shall be appointed by 36 the board of education, upon the recommendation of the superintendent of 37 schools, for a probationary period of three years, except that in the 38 case of a teacher who has rendered satisfactory service as a regular 39 substitute for a period of two years or as a seasonally licensed per 40 session teacher of swimming in day schools who has served in that capac- 41 ity for a period of two years and has been appointed to teach the same 42 subject in day schools on an annual salary, the probationary period 43 shall be limited to one year; provided, however, that in the case of a 44 teacher who has been appointed on tenure in another school district 45 within the state, the school district where currently employed, or a 46 board of cooperative educational services, and who was not dismissed 47 from such district or board as a result of charges brought pursuant to 48 subdivision one of section three thousand twenty-a of this chapter, the 49 probationary period shall not exceed two years. The service of a person 50 appointed to any of such positions may be discontinued at any time 51 during such probationary period, on the recommendation of the super- 52 intendent of schools, by a majority vote of the board of education. Each 53 person who is not to be recommended for appointment on tenure shall be 54 so notified by the superintendent of schools in writing not later than 55 sixty days immediately preceding the expiration of his probationary 56 period.S. 8992 7 1 ii. Notwithstanding any other provision of law or regulation to the 2 contrary, teachers and all other members of the teaching staff appointed 3 on or after July first, two thousand fifteen and authorized by section 4 twenty-five hundred three of this article, shall be appointed by the 5 board of education, upon the recommendation of the superintendent of 6 schools, for a probationary period of [four] three years, except that in 7 the case of a teacher who has rendered satisfactory service as a regular 8 substitute for a period of two years and, if a classroom teacher, has 9 received composite annual professional performance review ratings in 10 each of those years, or has rendered satisfactory service as a 11 seasonally licensed per session teacher of swimming in day schools who 12 has served in that capacity for a period of two years and has been 13 appointed to teach the same subject in day schools on an annual salary, 14 the teacher shall be appointed for a probationary period of two years; 15 provided, however, that in the case of a teacher who has been appointed 16 on tenure in another school district within the state, the school 17 district where currently employed, or a board of cooperative educational 18 services, and who was not dismissed from such district or board as a 19 result of charges brought pursuant to subdivision one of section three 20 thousand twenty-a or section three thousand twenty-b of this chapter, 21 the teacher shall be appointed for a probationary period of [three] two 22 years; provided that the teacher demonstrates that he or she received an 23 annual professional performance review rating pursuant to section [three24thousand twelve-c or section three thousand twelve-d] three thousand 25 twelve-b of this chapter in his or her final year of service in such 26 other school district or board of cooperative educational services. The 27 service of a person appointed to any of such positions may be discontin- 28 ued at any time during such probationary period, on the recommendation 29 of the superintendent of schools, by a majority vote of the board of 30 education. Each person who is not to be recommended for appointment on 31 tenure shall be so notified by the superintendent of schools in writing 32 not later than sixty days immediately preceding the expiration of 33 his/her probationary period. 34 (b) i. Administrators, directors, supervisors, principals and all 35 other members of the supervising staff, except associate, assistant and 36 other superintendents appointed prior to July first, two thousand 37 fifteen and authorized by section twenty-five hundred three of this 38 article, shall be appointed by the board of education, upon the recom- 39 mendation of the superintendent of schools for a probationary period of 40 three years. The service of a person appointed to any of such positions 41 may be discontinued at any time during the probationary period on the 42 recommendation of the superintendent of schools, by a majority vote of 43 the board of education. 44 ii. Notwithstanding any other provision of law or regulation to the 45 contrary, administrators, directors, supervisors, principals and all 46 other members of the supervising staff, except associate, assistant and 47 other superintendents, appointed on or after July first, two thousand 48 fifteen and authorized by section twenty-five hundred three of this 49 article, shall be appointed by the board of education, upon the recom- 50 mendation of the superintendent of schools for a probationary period of 51 [four] three years. The service of a person appointed to any of such 52 positions may be discontinued at any time during the probationary period 53 on the recommendation of the superintendent of schools, by a majority 54 vote of the board of education. 55 2. a. At the expiration of the probationary term of any persons 56 appointed for such term prior to July first, two thousand fifteen, orS. 8992 8 1 within six months prior thereto, the superintendent of schools shall 2 make a written report to the board of education recommending for 3 appointment on tenure those persons who have been found competent, effi- 4 cient and satisfactory. By a majority vote the board of education may 5 then appoint on tenure any or all of the persons recommended by the 6 superintendent of schools. Such persons and all others employed in the 7 teaching service of the schools of such school district who have served 8 the full probationary period shall hold their respective positions 9 during good behavior and efficient and competent service, and shall not 10 be removable except for cause after a hearing as provided by section 11 three thousand twenty-a or section three thousand twenty-b of this chap- 12 ter. Failure to maintain certification as required by this chapter and 13 the regulations of the commissioner shall constitute cause for removal. 14 b. For persons appointed on or after July first, two thousand fifteen, 15 at the expiration of the probationary term of any persons appointed for 16 such term, or within six months prior thereto, the superintendent of 17 schools shall make a written report to the board of education recommend- 18 ing for appointment on tenure those persons who have been found compe- 19 tent, efficient and satisfactory and in the case of a classroom teacher 20 or building principal, who have received annual professional performance 21 review ratings pursuant to section [three thousand twelve-c or section22three thousand twelve-d] three thousand twelve-b of this chapter, of 23 either effective or highly effective in at least [three] two of the 24 [four] three preceding years, exclusive of any breaks in service; 25 provided that, notwithstanding any other provision of this section to 26 the contrary, when a teacher or principal receives an effective or high- 27 ly effective rating in each year of his or her probationary service 28 except he or she receives an ineffective rating in the final year of his 29 or her probationary period, such teacher or principal shall not be 30 eligible for tenure but the board of education in its discretion, may 31 extend the teacher's probationary period for an additional year; 32 provided, however, that if such teacher or principal successfully 33 appealed such ineffective rating, such teacher or principal shall imme- 34 diately be eligible for tenure if the rating resulting from the appeal 35 established that such individual has been effective or highly effective 36 in at least [three] two of the preceding [four] three years and was not 37 ineffective in the final year. By a majority vote, the board of educa- 38 tion may then appoint on tenure any or all of the persons recommended by 39 the superintendent of schools. At the expiration of the probationary 40 period, the classroom teacher or building principal shall remain in 41 probationary status until the end of the school year in which such 42 teacher or principal has received such ratings of effective or highly 43 effective for at least [three] two of the [four] three preceding school 44 years exclusive of any breaks in service and subject to the terms here- 45 of, during which time a board of education shall consider whether to 46 grant tenure for those classroom teachers or building principals who 47 otherwise have been found competent, efficient and satisfactory. 48 Provided, however, that the board of education may grant tenure contin- 49 gent upon a classroom teacher's or building principal's receipt of a 50 minimum rating in the final year of the probationary period, pursuant to 51 the requirements of this section, and if such contingency is not met 52 after all appeals have been exhausted, the grant of tenure shall be void 53 and unenforceable and the teacher's or principal's probationary period 54 may be extended in accordance with this subdivision. Such persons who 55 have been recommended for tenure and all others employed in the teaching 56 service of the schools of such school district who have served the fullS. 8992 9 1 probationary period as extended pursuant to this subdivision shall hold 2 their respective positions during good behavior and efficient and compe- 3 tent service, and shall not be removable except for cause after a hear- 4 ing as provided by section three thousand twenty-a or section three 5 thousand twenty-b of this chapter. Failure to maintain certification as 6 required by this chapter and the regulations of the commissioner shall 7 constitute cause for removal. 8 § 11. Subdivision 1, paragraph (b) of subdivision 5, and paragraph (b) 9 of subdivision 6 of section 2573 of the education law, subdivision 1 as 10 amended, paragraph (b) of subdivision 5 and paragraph (b) of subdivision 11 6 as added by section 3 of subpart D of part EE of chapter 56 of the 12 laws of 2015, are amended to read as follows: 13 1. (a) i. Teachers and all other members of the teaching staff, 14 appointed prior to July first, two thousand fifteen and authorized by 15 section twenty-five hundred fifty-four of this article, shall be 16 appointed by the board of education, upon the recommendation of the 17 superintendent of schools, for a probationary period of three years, 18 except that in the case of a teacher who has rendered satisfactory 19 service as a regular substitute for a period of two years or as a 20 seasonally licensed per session teacher of swimming in day schools who 21 has served in that capacity for a period of two years and has been 22 appointed to teach the same subject in day schools on an annual salary, 23 the probationary period shall be limited to one year; provided, however, 24 that in the case of a teacher who has been appointed on tenure in anoth- 25 er school district within the state, the school district where currently 26 employed, or a board of cooperative educational services, and who was 27 not dismissed from such district or board as a result of charges brought 28 pursuant to subdivision one of section three thousand twenty-a or 29 section three thousand twenty-b of this chapter, the probationary period 30 shall not exceed two years; provided, however, that in cities with a 31 population of one million or more, a teacher appointed under a newly 32 created license, for teachers of reading and of the emotionally hand- 33 icapped, to a position which the teacher has held for at least two years 34 prior to such appointment while serving on tenure in another license 35 area who was not dismissed as a result of charges brought pursuant to 36 subdivision one of section three thousand twenty-a or section three 37 thousand twenty-b of this chapter, the probationary period shall be one 38 year. The service of a person appointed to any of such positions may be 39 discontinued at any time during such probationary period, on the recom- 40 mendation of the superintendent of schools, by a majority vote of the 41 board of education. Each person who is not to be recommended for 42 appointment on tenure shall be so notified by the superintendent of 43 schools in writing not later than sixty days immediately preceding the 44 expiration of his or her probationary period. In city school districts 45 having a population of four hundred thousand or more, persons with 46 licenses obtained as a result of examinations announced subsequent to 47 the twenty-second day of May, nineteen hundred sixty-nine appointed upon 48 conditions that all announced requirements for the position be fulfilled 49 within a specified period of time, shall not acquire tenure unless and 50 until such requirements have been completed within the time specified 51 for the fulfillment of such requirements, notwithstanding the expiration 52 of any probationary period. In all other city school districts subject 53 to the 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. 8992 10 1 ii. Teachers and all other members of the teaching staff appointed on 2 or after July first, two thousand fifteen and authorized by section 3 twenty-five hundred fifty-four of this article, shall be appointed by 4 the board of education, upon the recommendation of the superintendent of 5 schools, for a probationary period of [four] three years, except that in 6 the case of a teacher who has rendered satisfactory service as a regular 7 substitute for a period of two years and, if a classroom teacher, has 8 received annual professional performance review ratings in each of those 9 years, or has rendered satisfactory service as a seasonally licensed per 10 session teacher of swimming in day schools who has served in that capac- 11 ity for a period of two years and has been appointed to teach the same 12 subject in day schools on an annual salary, the teacher shall be 13 appointed for a probationary period of two years; provided, however, 14 that in the case of a teacher who has been appointed on tenure in anoth- 15 er school district within the state, the school district where currently 16 employed, or a board of cooperative educational services, and who was 17 not dismissed from such district or board as a result of charges brought 18 pursuant to subdivision one of section three thousand twenty-a or 19 section three thousand twenty-b of this chapter, the teacher shall be 20 appointed for a probationary period of [three] two years; provided that, 21 in the case of a classroom teacher, the teacher demonstrates that he or 22 she received an annual professional performance review rating pursuant 23 to section [three thousand twelve-c or section three thousand twelve-d] 24 three thousand twelve-b of this chapter in his or her final year of 25 service in such other school district or board of cooperative educa- 26 tional services; provided, however, that in cities with a population of 27 one million or more, a teacher appointed under a newly created license, 28 for teachers of reading and of the emotionally handicapped, to a posi- 29 tion which the teacher has held for at least two years prior to such 30 appointment while serving on tenure in another license area who was not 31 dismissed as a result of charges brought pursuant to subdivision one of 32 section three thousand twenty-a or section three thousand twenty-b of 33 this chapter, the teacher shall be appointed for a probationary period 34 of two years. The service of a person appointed to any of such positions 35 may be discontinued at any time during such probationary period, on the 36 recommendation of the superintendent of schools, by a majority vote of 37 the board of education. Each person who is not to be recommended for 38 appointment on tenure shall be so notified by the superintendent of 39 schools in writing not later than sixty days immediately preceding the 40 expiration of his or her probationary period. In all city school 41 districts subject to the provisions of this article, failure to maintain 42 certification as required by this article and by the regulations of the 43 commissioner shall be cause for removal within the meaning of subdivi- 44 sion five of this section. 45 (b) i. Administrators, directors, supervisors, principals and all 46 other members of the supervising staff, except executive directors, 47 associate, assistant, district and community superintendents and examin- 48 ers, appointed prior to July first, two thousand fifteen and authorized 49 by section twenty-five hundred fifty-four of this article, shall be 50 appointed by the board of education, upon the recommendation of the 51 superintendent or chancellor of schools, for a probationary period of 52 three years. The service of a person appointed to any of such positions 53 may be discontinued at any time during the probationary period on the 54 recommendation of the superintendent of schools, by a majority vote of 55 the board of education.S. 8992 11 1 ii. Administrators, directors, supervisors, principals and all other 2 members of the supervising staff, except executive directors, associate, 3 assistant, district and community superintendents and examiners, 4 appointed on or after July first, two thousand fifteen and authorized by 5 section twenty-five hundred fifty-four of this article, shall be 6 appointed by the board of education, upon the recommendation of the 7 superintendent or chancellor of schools, for a probationary period of 8 [four] three years provided that such probationary period may be 9 extended in accordance with paragraph (b) of subdivision five of this 10 section. The service of a person appointed to any of such positions may 11 be discontinued at any time during the probationary period on the recom- 12 mendation of the superintendent of schools, by a majority vote of the 13 board of education. 14 (b) At the expiration of the probationary term of any persons 15 appointed for such term on or after July first, two thousand fifteen, 16 the superintendent of schools shall make a written report to the board 17 of education recommending for permanent appointment those persons who 18 have been found competent, efficient and satisfactory and, in the case 19 of a classroom teacher or building principal, who have received compos- 20 ite annual professional performance review ratings pursuant to section 21 [three thousand twelve-c or section three thousand twelve-d] three thou- 22 sand twelve-b of this chapter, of either effective or highly effective 23 in at least [three] two of the [four] three preceding years, exclusive 24 of any breaks in service; provided that, notwithstanding any other 25 provision of this section to the contrary, when a teacher or principal 26 receives an effective and/or highly effective rating in each year of his 27 or her probationary service except he or she receives an ineffective 28 rating in the final year of his or her probationary period, such teacher 29 or principal shall not be eligible for tenure but the board of education 30 in its discretion, may extend the teacher's probationary period for an 31 additional year; provided, however, that if such teacher or principal 32 successfully appealed such ineffective rating, such teacher or principal 33 shall immediately be eligible for tenure if the rating resulting from 34 the appeal established that such individual has been effective or highly 35 effective in at least [three] two of the preceding [four] three years. 36 At the expiration of the probationary period, the classroom teacher or 37 building principal shall remain in probationary status until the end of 38 the school year in which such teacher or principal has received such 39 ratings of effective or highly effective for at least [three] two of the 40 [four] three preceding school years, exclusive of any breaks in service 41 and subject to the terms hereof, during which time a board of education 42 shall consider whether to grant tenure for those classroom teachers or 43 building principals who otherwise have been found competent, efficient 44 and satisfactory. Provided, however, that the board of education may 45 grant tenure contingent upon a classroom teacher's or building princi- 46 pal's receipt of a minimum rating in the final year of the probationary 47 period, pursuant to the requirements of this section, and if such 48 contingency is not met after all appeals have been exhausted, the grant 49 of tenure shall be void and unenforceable and the teacher's or princi- 50 pal's probationary period may be extended in accordance with this subdi- 51 vision. Such persons who have been recommended for tenure and all others 52 employed in the teaching service of the schools of such school district 53 who have served the full probationary period as extended pursuant to 54 this subdivision shall hold their respective positions during good 55 behavior and efficient and competent service, and shall not be removable 56 except for cause after a hearing as provided by section three thousandS. 8992 12 1 twenty-a or section three thousand twenty-b of this chapter. Failure to 2 maintain certification as required by this chapter and the regulations 3 of the commissioner shall constitute cause for removal. 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] three thou- 12 sand twelve-b of this chapter, of either effective or highly effective 13 in at least [three] two of the [four] three preceding years, exclusive 14 of any breaks in service; provided that, notwithstanding any other 15 provision of this section to the contrary, when a teacher receives an 16 effective and/or highly effective rating in each year of his or her 17 probationary service except he or she receives an ineffective rating in 18 the final year of his or her probationary period, such teacher or prin- 19 cipal shall not be eligible for tenure but the board of education in its 20 discretion, may extend the teacher's probationary period for an addi- 21 tional year; provided, however, that if such teacher or principal 22 successfully appealed such ineffective rating, such teacher or principal 23 shall immediately be eligible for tenure if the rating resulting from 24 the appeal established that such individual has been effective or highly 25 effective in at least [three] two of the preceding [four] three years 26 and was not ineffective in the final year. At the expiration of the 27 probationary period, the classroom teacher or building principal shall 28 remain in probationary status until the end of the school year in which 29 such teacher or principal has received such ratings of effective or 30 highly effective for at least [three] two of the [four] three preceding 31 school years, exclusive of any breaks in service and subject to the 32 terms hereof, during which time a board of education shall consider 33 whether to grant tenure for those classroom teachers or building princi- 34 pals who otherwise have been found competent, efficient and satisfac- 35 tory. Provided, however, that the board of education may grant tenure 36 contingent upon a classroom teacher's or building principal's receipt of 37 a minimum rating in the final year of the probationary period, pursuant 38 to the requirements of this section, and if such contingency is not met 39 after all appeals have been exhausted, the grant of tenure shall be void 40 and unenforceable and the teacher's or principal's probationary period 41 may be extended in accordance with this subdivision. Such persons who 42 have been recommended for tenure and all others employed in the teaching 43 service of the schools of such school district who have served the full 44 probationary period as extended pursuant to this subdivision shall hold 45 their respective positions during good behavior and efficient and compe- 46 tent service, and shall not be removable except for cause after a hear- 47 ing as provided by section three thousand twenty-a or section three 48 thousand twenty-b of this chapter. Failure to maintain certification as 49 required by this chapter and the regulations of the commissioner shall 50 constitute cause for removal. 51 § 12. Subparagraph ii of paragraph (a) of subdivision 1, subparagraph 52 ii of paragraph (b) of subdivision 1, and paragraph (b) of subdivision 2 53 of section 3012 of the education law, as amended by section 4 of subpart 54 D of part EE of chapter 56 of the laws of 2015, are amended to read as 55 follows:S. 8992 13 1 ii. Teachers and all other members of the teaching staff of school 2 districts, including common school districts and/or school districts 3 employing fewer than eight teachers, other than city school districts, 4 who are appointed on or after July first, two thousand fifteen, shall be 5 appointed by the board of education, or the trustees of common school 6 districts, upon the recommendation of the superintendent of schools, for 7 a probationary period of [four] three years, except that in the case of 8 a teacher who has rendered satisfactory service as a regular substitute 9 for a period of two years and, if a classroom teacher, has received 10 annual professional performance review ratings in each of those years, 11 or has rendered satisfactory service as a seasonally licensed per 12 session teacher of swimming in day schools who has served in that capac- 13 ity for a period of two years and has been appointed to teach the same 14 subject in day schools, on an annual salary, the teacher shall be 15 appointed for a probationary period of two years; provided, however, 16 that in the case of a teacher who has been appointed on tenure in anoth- 17 er school district within the state, the school district where currently 18 employed, or a board of cooperative educational services, and who was 19 not dismissed from such district or board as a result of charges brought 20 pursuant to subdivision one of section three thousand twenty-a or 21 section three thousand twenty-b of this article, the teacher shall be 22 appointed for a probationary period of [three] two years; provided that, 23 in the case of a classroom teacher, the teacher demonstrates that he or 24 she received an annual professional performance review rating pursuant 25 to section [three thousand twelve-c or section three thousand twelve-d] 26 three thousand twelve-b of this [chapter] article in his or her final 27 year of service in such other school district or board of cooperative 28 educational services. The service of a person appointed to any of such 29 positions may be discontinued at any time during such probationary peri- 30 od, on the recommendation of the superintendent of schools, by a majori- 31 ty vote of the board of education or the trustees of a common school 32 district. 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 40 [four] three years. The service of a person appointed to any of such 41 positions may be discontinued at any time during the probationary period 42 on the recommendation of the superintendent of schools, by a majority 43 vote of the board of education or the trustees of a common school 44 district. 45 (b) At the expiration of the probationary term of a person appointed 46 for such term on or after July first, two thousand fifteen, subject to 47 the conditions of this section, the superintendent of schools shall make 48 a written report to the board of education or the trustees of a common 49 school district recommending for appointment on tenure those persons who 50 have been found competent, efficient and satisfactory and, in the case 51 of a classroom teacher or building principal, who have received compos- 52 ite annual professional performance review ratings pursuant to section 53 [three thousand twelve-c or section three thousand twelve-d] three thou- 54 sand twelve-b of this article, of either effective or highly effective 55 in at least [three] two of the [four] three preceding years, exclusive 56 of any breaks in service; provided that, notwithstanding any otherS. 8992 14 1 provision of this section to the contrary, when a teacher or principal 2 receives an effective or highly effective rating in each year of his or 3 her probationary service except he or she receives an ineffective rating 4 in the final year of his or her probationary period, such teacher shall 5 not be eligible for tenure but the board of education, in its 6 discretion, may extend the teacher's probationary period for an addi- 7 tional year; provided, however, that if such teacher or principal 8 successfully appealed such ineffective rating, such teacher or principal 9 shall immediately be eligible for tenure if the rating resulting from 10 the appeal established that such individual has been effective or highly 11 effective in at least [three] two of the preceding [four] three years 12 and was not ineffective in the final year. At the expiration of the 13 probationary period, the classroom teacher or building principal shall 14 remain in probationary status until the end of the school year in which 15 such teacher or principal has received such ratings of effective or 16 highly effective for at least [three] two of the [four] three preceding 17 school years, exclusive of any breaks in service, and subject to the 18 terms hereof, during which time the trustees or board of education shall 19 consider whether to grant tenure for those classroom teachers or build- 20 ing principals who otherwise have been found competent, efficient and 21 satisfactory. Provided, however, that the trustees or board of education 22 may grant tenure contingent upon a classroom teacher's or building prin- 23 cipal's receipt of a minimum rating in the final year of the probation- 24 ary period, pursuant to the requirements of this section, and if such 25 contingency is not met after all appeals have been exhausted, the grant 26 of tenure shall be void and unenforceable and the teacher's or princi- 27 pal's probationary period may be extended in accordance with this subdi- 28 vision. Such persons who have been recommended for tenure and all others 29 employed in the teaching service of the schools of such school district 30 who have served the full probationary period as extended pursuant to 31 this subdivision shall hold their respective positions during good 32 behavior and efficient and competent service, and shall not be removable 33 except for cause after a hearing as provided by section three thousand 34 twenty-a or section three thousand twenty-b of this article. Failure to 35 maintain certification as required by this chapter and the regulations 36 of the commissioner shall constitute cause for removal. 37 § 13. Paragraph (b) of subdivision 1 and paragraph (b) of subdivision 38 2 of section 3014 of the education law, as added by section 5 of subpart 39 D of part EE of chapter 56 of the laws of 2015, are amended to read as 40 follows: 41 (b) Administrative assistants, supervisors, teachers and all other 42 members of the teaching and supervising staff of the board of cooper- 43 ative educational services appointed on or after July first, two thou- 44 sand fifteen, shall be appointed by a majority vote of the board of 45 cooperative educational services upon the recommendation of the district 46 superintendent of schools for a probationary period of not to exceed 47 [four] three years; provided, however, that in the case of a teacher who 48 has been appointed on tenure in a school district within the state, the 49 board of cooperative educational services where currently employed, or 50 another board of cooperative educational services, and who was not 51 dismissed from such district or board as a result of charges brought 52 pursuant to section three thousand twenty-a or section three thousand 53 twenty-b of this article, the teacher shall be appointed for a proba- 54 tionary period of [three] two years; provided that, in the case of a 55 classroom teacher, the teacher demonstrates that he or she received a 56 composite annual professional performance review rating pursuant toS. 8992 15 1 section [three thousand twelve-c or three thousand twelve-d] three thou- 2 sand twelve-b of this [chapter] article of either effective or highly 3 effective in his or her final year of service in such other school 4 district or board of cooperative educational services. Services of a 5 person so appointed to any such positions may be discontinued at any 6 time during such probationary period, upon the recommendation of the 7 district superintendent, by a majority vote of the board of cooperative 8 educational services. 9 (b) On or before the expiration of the probationary term of a person 10 appointed for such term on or after July first, two thousand fifteen, 11 the district superintendent of schools shall make a written report to 12 the board of cooperative educational services recommending for appoint- 13 ment on tenure persons who have been found competent, efficient and 14 satisfactory and, in the case of a classroom teacher or building princi- 15 pal, who have received composite annual professional performance review 16 ratings pursuant to section [three thousand twelve-c or section three17thousand twelve-d] three thousand twelve-b of this article, of either 18 effective or highly effective in at least [three] two of the [four] 19 three preceding years, exclusive of any breaks in service; provided 20 that, notwithstanding any other provision of this section to the contra- 21 ry, when a teacher or principal receives an effective or highly effec- 22 tive rating in each year of his or her probationary service except he or 23 she receives an ineffective rating in the final year of his or her 24 probationary period, such teacher shall not be eligible for tenure but 25 the board of education in its discretion, may extend the teacher's 26 probationary period for an additional year; provided, however that if 27 such teacher or principal successfully appealed such ineffective rating, 28 such teacher or principal shall immediately be eligible for tenure if 29 the rating resulting from the appeal established that such individual 30 has been effective or highly effective in at least [three] two of the 31 preceding [four] three years and was not ineffective in the final year. 32 At the expiration of the probationary period, the classroom teacher or 33 building principal shall remain in probationary status until the end of 34 the school year in which such teacher or principal has received such 35 ratings of effective or highly effective for at least [three] two of the 36 [four] three preceding school years, exclusive of any breaks in service, 37 during which time a board of cooperative educational services shall 38 consider whether to grant tenure for those classroom teachers or build- 39 ing principals who otherwise have been found competent, efficient and 40 satisfactory. Provided, however, that the board of cooperative educa- 41 tional services may grant tenure contingent upon a classroom teacher's 42 or building principal's receipt of a minimum rating in the final year of 43 the probationary period, pursuant to the requirements of this section, 44 and if such contingency is not met after all appeals have been 45 exhausted, the grant of tenure shall be void and unenforceable and the 46 teacher's or principal's probationary period may be extended in accord- 47 ance with this subdivision. Such persons shall hold their respective 48 positions during good behavior and competent and efficient service and 49 shall not be removed except for any of the following causes, after a 50 hearing, as provided by section three thousand twenty-a or section three 51 thousand twenty-b of this article: (i) Insubordination, immoral charac- 52 ter or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or 53 neglect of duty; (iii) Failure to maintain certification as required by 54 this chapter and by the regulations of the commissioner. Each person who 55 is not to be so recommended for appointment on tenure shall be so noti-S. 8992 16 1 fied in writing by the district superintendent not later than sixty days 2 immediately preceding the expiration of his or her probationary period. 3 § 14. This act shall take effect immediately; provided, however, that: 4 (a) the amendments to subdivisions 9 and 9-a of section 2852 of the 5 education law made by sections five and five-a of this act shall take 6 effect upon the state university charter school institute, in consulta- 7 tion with the state education department, certifying that the cap of 8 four hundred sixty charters has been reached, when upon such date the 9 provisions of section four of this act shall be deemed repealed; and 10 (b) the state education department shall notify the legislative bill 11 drafting commission upon the occurrence of the enactment of the legis- 12 lation provided for in subdivision (a) of this section in order that the 13 commission may maintain an accurate and timely effective data base of 14 the official text of the laws of the state of New York in furtherance of 15 effectuating the provisions of section 44 of the legislative law and 16 section 70-b of the public officers law.
