Bill Text: NY S09098 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to state assessments and teacher evaluations; 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.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2018-06-16 - REFERRED TO RULES [S09098 Detail]
Download: New_York-2017-S09098-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9098 IN SENATE June 16, 2018 ___________ Introduced by COMMITTEE ON RULES -- 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 state assessments and teacher evaluations and to increasing the number of charters issued; to amend the executive law, in relation to expanding the scope of unlawful discriminatory practices to include public educational insti- tutions; to amend subpart B of part AA of chapter 56 of the laws of 2014 amending the education law relating to providing that standard- ized 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 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 4 and 5 of section 3012-d of the education 2 law, as added by section 2 of subpart E of part EE of chapter 56 of the 3 laws of 2015, subparagraph 1 of paragraph a of subdivision 4 as amended 4 by section 3 of subpart C of part B of chapter 20 of the laws of 2015, 5 are amended to read as follows: 6 4. Categories. The annual evaluation system shall consist of multiple 7 measures in two categories: student performance and teacher observa- 8 tions. 9 a. Student performance category. Such category shall have at least one 10 subcomponent and an optional second subcomponent as follows: 11 (1) For the first subcomponent, (A) for a teacher whose course ends in 12 a state-created or administered test for which there is a state-provided 13 growth model, such teacher shall have a state-provided growth score 14 based on such model, which shall take into consideration certain student 15 characteristics, as determined by the commissioner, including but not 16 limited to students with disabilities, poverty, English language learner 17 status and prior academic history and which shall identify educators 18 whose students' growth is well above or well below average compared to 19 similar students for a teacher's or principal's students after the 20 certain student characteristics above are taken into account; and (B) EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16341-02-8S. 9098 2 1 for a teacher whose course does not end in a state-created or adminis- 2 tered test such teacher shall have a student learning objective (SLO) 3 consistent with a goal-setting process determined or developed by the 4 commissioner, that results in a student growth score; provided that, for 5 any teacher whose course ends in a state-created or administered assess- 6 ment for which there is no state-provided growth model, such assessment 7 must be used as the underlying assessment for such SLO; 8 (2) For the optional second subcomponent, a district may locally 9 select a second measure in accordance with this subparagraph. Such 10 second measure shall apply in a consistent manner, to the extent practi- 11 cable, across the district and be either: (A) a second state-provided 12 growth score on a state-created or administered test under clause (A) of 13 subparagraph one of this paragraph, or (B) a growth score based on a 14 state-designed supplemental assessment, calculated using a state-provid- 15 ed or approved growth model. The optional second subcomponent shall 16 provide options for multiple assessment measures that are aligned to 17 existing classroom and school best practices and take into consideration 18 the recommendations in the testing reduction report as required by 19 section one of subpart F of the chapter of the laws of two thousand 20 fifteen which added this section regarding the reduction of unnecessary 21 additional testing. 22 The commissioner shall determine the weights and scoring ranges for 23 the subcomponent or subcomponents of the student performance category 24 that shall result in a combined category rating, provided however the 25 student performance category shall not comprise more than twenty-five 26 percent of the overall calculation. The commissioner shall also set 27 parameters for appropriate targets for student growth for both subcompo- 28 nents, and the department must affirmatively approve and shall have the 29 authority to disapprove or require modifications of district plans that 30 do not set appropriate growth targets, including after initial approval. 31 The commissioner shall set such weights and parameters consistent with 32 the terms contained herein. 33 b. Teacher observations category. The observations category for teach- 34 ers shall be based on a state-approved rubric and shall include up to 35 three subcomponents. Such category must include: (1) a subcomponent 36 based on classroom observations conducted by a principal or other 37 trained administrator and must also include (2) a subcomponent based on 38 classroom observations by an impartial independent trained evaluator or 39 evaluators selected by the district. A trained peer teacher must be 40 rated effective or highly effective, approved by the district and can be 41 from the same school or from another school. An independent trained 42 evaluator may be employed within the school district[, but not the same43school building, as the teacher being evaluated]. Such category may also 44 include a subcomponent based on classroom observations conducted by a 45 trained peer teacher rated effective or highly effective from the same 46 school or from another school in the district. 47 The commissioner shall determine the weights, and/or weighting options 48 and scoring ranges for the subcomponents of the observations category 49 that result in a combined category rating. The commissioner shall also 50 determine the minimum number of observations to be conducted annually, 51 including frequency and duration, and any parameters therefor as well as 52 a framework to be used as the basis for observations. The commissioner 53 shall set such weights and scores consistent with the terms contained 54 herein. 55 5. Rating determination. The overall rating determination shall be 56 determined according to a methodology as follows:S. 9098 3 1 [a.] The following rules shall apply: a teacher or principal who is 2 (1) rated using two subcomponents in the student performance category 3 and receives a rating of ineffective in such category shall be rated 4 ineffective overall; provided, however, that if the measure used in the 5 second subcomponent is a state-provided growth score on a state-created 6 or administered test pursuant to clause (A) of subparagraph one of para- 7 graph a of subdivision four of this section, a teacher or principal who 8 receives a rating of ineffective in such category shall not be eligible 9 to receive a rating of effective or highly effective overall; (2) rated 10 using only the state measure subcomponent in the student performance 11 category and receives a rating of ineffective in such category shall not 12 be eligible to receive a rating of effective or highly effective over- 13 all; and (3) rated ineffective in the teacher observations category 14 shall not be eligible to receive a rating of effective or highly effec- 15 tive overall. 16 [b. Except as otherwise provided in paragraph a of this subdivision, a17teacher's composite score shall be determined as follows:18(1) If a teacher receives an H in the teacher observation category,19and an H in the student performance category, the teacher's composite20score shall be H;21(2) If a teacher receives an H in the teacher observation category,22and an E in the student performance category, the teacher's composite23score shall be H;24(3) If a teacher receives an H in the teacher observation category,25and a D in the student performance category, the teacher's composite26score shall be E;27(4) If a teacher receives an H in the teacher observation category,28and an I in the student performance category, the teacher's composite29score shall be D;30(5) If a teacher receives an E in the teacher observation category,31and an H in the student performance category, the teacher's composite32score shall be H;33(6) If a teacher receives an E in the teacher observation category,34and an E in the student performance category, the teacher's composite35score shall be E;36(7) If a teacher receives an E in the teacher observation category,37and a D in the student performance category, the teacher's composite38score shall be E;39(8) If a teacher receives an E in the teacher observation category,40and an I in the student performance category, the teacher's composite41score shall be D;42(9) If a teacher receives a D in the teacher observation category, and43an H in the student performance category, the teacher's composite score44shall be E;45(10) If a teacher receives a D in the teacher observation category,46and an E in the student performance category, the teacher's composite47score shall be E;48(11) If a teacher receives a D in the teacher observation category,49and a D in the student performance category, the teacher's composite50score shall be D;51(12) If a teacher receives a D in the teacher observation category,52and an I in the student performance category, the teacher's composite53score shall be I;54(13) If a teacher receives an I in the teacher observation category,55and an H in the student performance category, the teacher's composite56score shall be D;S. 9098 4 1(14) If a teacher receives an I in the teacher observation category,2and an E in the student performance category, the teacher's composite3score shall be D;4(15) If a teacher receives an I in the teacher observation category,5and a D in the student performance category, the teacher's composite6score shall be I;7(16) If a teacher receives an I in the teacher observation category,8and an I in the student performance category, the teacher's composite9score shall be I.] 10 § 2. Section 3012-d of the education law is amended by adding a new 11 subdivision 16 to read as follows: 12 16. a. Notwithstanding any other provision of law, rule or regulation 13 to the contrary, the grades three through eight English language arts 14 and mathematics state assessments and all other state-created or admin- 15 istered tests shall not be required to be utilized in any manner to 16 determine a teacher or principal evaluation required by this section. 17 b. The commissioner shall promulgate rules and regulations providing 18 alternative assessments that may be used in grades three through eight 19 instead of all other state-created or administered tests, which shall 20 include all of the assessments that have been approved by the commis- 21 sioner for use in determining transition scores and ratings. 22 c. The selection and use of an assessment in a teacher or principal's 23 evaluation pursuant to paragraphs a and b of this subdivision and subdi- 24 vision four of this section shall be subject to collective bargaining 25 pursuant to article fourteen of the civil service law. 26 d. Notwithstanding any provision of subdivision twelve of this section 27 to the contrary, nothing in this section shall be construed to abrogate 28 any conflicting provisions of any collective bargaining agreement in 29 effect on the date this subdivision takes effect and until the entry 30 into a successor collective bargaining agreement, provided that notwith- 31 standing any other provision of law to the contrary, upon expiration of 32 such term and the entry into a successor collective bargaining agreement 33 the provisions of this subdivision shall apply; and, provided further, 34 however, that any assessments used in determining transition scores and 35 ratings shall be used in determining scores and ratings pursuant to this 36 section instead of the grades three through eight English language arts 37 and mathematics state assessments until the entry into a successor 38 collective bargaining agreement. 39 § 3. Subdivision 9 of section 2852 of the education law, as amended by 40 section 2 of subpart A of part B of chapter 20 of the laws of 2015, is 41 amended to read as follows: 42 9. The total number of charters issued pursuant to this article state- 43 wide shall not exceed four hundred sixty. (a) All charters issued on or 44 after July first, two thousand fifteen and counted toward the numerical 45 limits established by this subdivision shall be issued by the board of 46 regents upon application directly to the board of regents or on the 47 recommendation of the board of trustees of the state university of New 48 York pursuant to a competitive process in accordance with subdivision 49 nine-a of this section. [Fifty] Ninety percent of such charters issued 50 annually on or after [July first, two thousand fifteen,] the effective 51 date of the chapter of the laws of two thousand eighteen that amended 52 this subdivision and no more, shall be granted to a charter for a school 53 to be located in a city having a population of one million or more. The 54 failure of any body to issue the regulations authorized pursuant to this 55 article shall not affect the authority of a charter entity to propose a 56 charter to the board of regents or the board of regents' authority toS. 9098 5 1 grant such charter. A conversion of an existing public school to a char- 2 ter school, or the renewal or extension of a charter approved by any 3 charter entity, shall not be counted toward the numerical limits estab- 4 lished by this subdivision. 5 (b) A charter that has been surrendered, revoked or terminated [on or6before July first, two thousand fifteen], including a charter that has 7 not been renewed by action of its charter entity, may be reissued pursu- 8 ant to paragraph (a) of this subdivision by the board of regents either 9 upon application directly to the board of regents or on the recommenda- 10 tion of the board of trustees of the state university of New York pursu- 11 ant to a competitive process in accordance with subdivision nine-a of 12 this section. Provided that such reissuance shall not be counted toward 13 the statewide numerical limit established by this subdivision[, and14provided further that no more than twenty-two charters may be reissued15pursuant to this paragraph]. 16 (c) For purposes of determining the total number of charters issued 17 within the numerical limits established by this subdivision, the 18 approval date of the charter entity shall be the determining factor. 19 (d) Notwithstanding any provision of this article to the contrary, any 20 charter authorized to be issued by chapter fifty-seven of the laws of 21 two thousand seven effective July first, two thousand seven, and that 22 remains unissued as of July first, two thousand fifteen, may be issued 23 pursuant to the provisions of law applicable to a charter authorized to 24 be issued by such chapter in effect as of June fifteenth, two thousand 25 fifteen[; provided however that nothing in this paragraph shall be26construed to increase the numerical limit applicable to a city having a27population of one million or more as provided in paragraph (a) of this28subdivision, as amended by a chapter of the laws of two thousand fifteen29which added this paragraph]. 30 § 4. Subdivision 9 of section 2852 of the education law, as amended by 31 section 2 of subpart A of part B of chapter 20 of the laws of 2015, is 32 amended to read as follows: 33 9. The total number of charters issued pursuant to this article state- 34 wide shall not exceed [four] five hundred sixty. (a) All charters issued 35 on or after July first, two thousand fifteen and counted toward the 36 numerical limits established by this subdivision shall be issued by the 37 board of regents upon application directly to the board of regents or on 38 the recommendation of the board of trustees of the state university of 39 New York pursuant to a competitive process in accordance with subdivi- 40 sion nine-a of this section. [Fifty of such charters issued on or after41July first, two thousand fifteen, and no more, shall be granted to a42charter for a school to be located in a city having a population of one43million or more.] The failure of any body to issue the regulations 44 authorized pursuant to this article shall not affect the authority of a 45 charter entity to propose a charter to the board of regents or the board 46 of regents' authority to grant such charter. A conversion of an existing 47 public school to a charter school, or the renewal or extension of a 48 charter approved by any charter entity, shall not be counted toward the 49 numerical limits established by this subdivision. 50 (b) A charter that has been surrendered, revoked or terminated [on or51before July first, two thousand fifteen], including a charter that has 52 not been renewed by action of its charter entity, may be reissued pursu- 53 ant to paragraph (a) of this subdivision by the board of regents either 54 upon application directly to the board of regents or on the recommenda- 55 tion of the board of trustees of the state university of New York pursu- 56 ant to a competitive process in accordance with subdivision nine-a ofS. 9098 6 1 this section. Provided that such reissuance shall not be counted toward 2 the statewide numerical limit established by this subdivision[, and3provided further that no more than twenty-two charters may be reissued4pursuant to this paragraph]. 5 (c) For purposes of determining the total number of charters issued 6 within the numerical limits established by this subdivision, the 7 approval date of the charter entity shall be the determining factor. 8 (d) Notwithstanding any provision of this article to the contrary, any 9 charter authorized to be issued by chapter fifty-seven of the laws of 10 two thousand seven effective July first, two thousand seven, and that 11 remains unissued as of July first, two thousand fifteen, may be issued 12 pursuant to the provisions of law applicable to a charter authorized to 13 be issued by such chapter in effect as of June fifteenth, two thousand 14 fifteen[; provided however that nothing in this paragraph shall be15construed to increase the numerical limit applicable to a city having a16population of one million or more as provided in paragraph (a) of this17subdivision, as amended by a chapter of the laws of two thousand fifteen18which added this paragraph]. 19 § 4-a. The opening paragraph of paragraph (a) of subdivision 9-a of 20 section 2852 of the education law, as amended by section 2 of subpart A 21 of part B of chapter 20 of the laws of 2015, is amended to read as 22 follows: 23 The board of regents is hereby authorized and directed to issue [four] 24 five hundred sixty charters statewide upon either applications submitted 25 directly to the board of regents or upon the recommendation of the board 26 of trustees of the state university of New York pursuant to a compet- 27 itive request for proposals process. 28 § 5. Subdivision 2 of section 3204 of the education law, as amended by 29 section 1 of part SSS of chapter 59 of the laws of 2018, is amended to 30 read as follows: 31 2. Quality and language of instruction; text-books. (i) Instruction 32 may be given only by a competent teacher. In the teaching of the 33 subjects of instruction prescribed by this section, English shall be the 34 language of instruction, and text-books used shall be written in 35 English, except that for a period of three years, which period may be 36 extended by the commissioner with respect to individual pupils, upon 37 application therefor by the appropriate school authorities, to a period 38 not in excess of six years, from the date of enrollment in school, 39 pupils who, by reason of foreign birth or ancestry have limited English 40 proficiency, shall be provided with instructional programs as specified 41 in subdivision two-a of this section and the regulations of the commis- 42 sioner. The purpose of providing such pupils with instruction shall be 43 to enable them to develop academically while achieving competence in the 44 English language. Instruction given to a minor elsewhere than at a 45 public school shall be at least substantially equivalent to the instruc- 46 tion given to minors of like age and attainments at the public schools 47 of the city or district where the minor resides. 48 (ii) For purposes of considering substantial equivalence pursuant to 49 this subdivision for nonpublic elementary and middle schools that are: 50 (1) non-profit corporations, (2) have a bi-lingual program, and (3) have 51 an educational program that extends from no later than nine a.m. until 52 no earlier than four p.m. for grades one through [three, and no earlier53than five thirty p.m. for grades four through] eight, on the majority of 54 weekdays to meet the requirements of this section, the department shall 55 consider the following, but not limited to: if the curriculum provides 56 academically rigorous instruction that develops critical thinking skillsS. 9098 7 1 in the school's students, taking into account the entirety of the 2 curriculum, over the course of elementary and middle school, including 3 instruction in English [that will] to prepare pupils to read fiction and 4 nonfiction text for information and to use that information to construct 5 written essays that state a point of view or support an argument; 6 instruction in mathematics [that will] to prepare pupils to solve real 7 world problems using both number sense and fluency with mathematical 8 functions and operations; instruction in history [by being able] to 9 prepare pupils to interpret and analyze primary text to identify and 10 explore important events in history, to construct written arguments 11 using the supporting information they get from primary source material, 12 demonstrate an understating of the role of geography and economics in 13 the actions of world civilizations, and an understanding of civics and 14 the responsibilities of citizens in world communities; and instruction 15 in science [by learning] to teach pupils how to gather, analyze and 16 interpret observable data to make informed decisions and solve problems 17 mathematically, using deductive and inductive reasoning to support a 18 hypothesis, and how to differentiate between correlational and causal 19 relationships. 20 (iii) For purposes of considering substantial equivalence pursuant to 21 this subdivision for nonpublic high schools that: (1) are established 22 for pupils in high school who have graduated from an elementary school 23 that provides instruction as described in this section, (2) are a non- 24 profit corporation, (3) have a bi-lingual program, and (4) have an 25 educational program that extends from no later than nine a.m. until no 26 earlier than [six] four-thirty p.m. on the majority of weekdays to meet 27 the requirements of this section the department shall consider the 28 following but not limited to: if the curriculum provides academically 29 rigorous instruction that develops critical thinking skills in the 30 school's students, the outcomes of which, taking into account the 31 entirety of the curriculum, result in a sound basic education. 32 (iv) Nothing herein shall be construed to entitle or permit any school 33 to receive an increase in mandated services aid pursuant to 8 NYCRR 176 34 on account of providing a longer school day. 35 (v) [The commissioner shall be the entity that determines whether36nonpublic elementary and secondary schools are in compliance with the37academic requirements set forth in paragraphs (ii) and (iii) of this38subdivision.] In determining compliance with the academic requirements 39 set forth in paragraphs (ii) and (iii) of this subdivision, the commis- 40 sioner shall designate an entity or entities with expertise in the 41 curriculum of the schools described in paragraphs (ii) and (iii) of this 42 subdivision to evaluate the schools' compliance with said requirements, 43 and shall defer to such entity's expertise in making such evaluation. 44 (vi) For purposes of determining compliance with the academic require- 45 ments set forth in paragraphs (ii) and (iii) of this subdivision, the 46 determination shall be based solely on teaching the enumerated criteria 47 contained therein; provided, however, that nothing in this paragraph 48 shall prohibit schools from providing instruction in areas not enumer- 49 ated within paragraphs (ii) and (iii) of this subdivision. 50 (vii) Upon a finding of non-compliance the following steps may be 51 taken: 52 (a) The commissioner may issue a report recommending corrective 53 actions to satisfy the academic requirements established herein. 54 (b) Such school may accept and implement the recommended corrective 55 actions or establish its own plan for resolving the stated deficiencies, 56 and be afforded adequate time to implement such corrective actions. UponS. 9098 8 1 failure of a school to remedy the non-compliance, the commissioner may 2 deem the school's curriculum to be deficient and place the school on 3 probation for a period of one year. During such probationary period the 4 school shall be required to retain and work with a curriculum specialist 5 to further address and resolve the deficiencies and shall be subject to 6 further and periodic monitoring by the commissioner until the deficien- 7 cies are resolved pursuant to this subdivision. 8 (c) If a school is deemed not to be in compliance after the probation- 9 ary period described above, the commissioner shall inform parents of 10 students enrolled in such school that the instruction provided by the 11 school was determined not to be in compliance. 12 § 6. Section 292 of the executive law is amended by adding a new 13 subdivision 35 to read as follows: 14 35. The term "educational institution" shall mean: 15 (a) any education corporation or association which holds itself out to 16 the public to be non-secretarian and exempt from taxation pursuant to 17 the provisions of article four of the real property tax law; or 18 (b) any public school, including any school district, board of cooper- 19 ative education services, public college or public university. 20 § 7. Subdivision 4 of section 296 of the executive law, as amended by 21 chapter 106 of the laws of 2003, is amended to read as follows: 22 4. It shall be an unlawful discriminatory practice for an [education23corporation or association which holds itself out to the public to be24non-sectarian and exempt from taxation pursuant to the provisions of25article four of the real property tax law] educational institution to 26 deny the use of its facilities to any person otherwise qualified, or to 27 permit the harassment of any student or applicant, by reason of his 28 race, color, religion, disability, national origin, sexual orientation, 29 military status, sex, age or marital status, except that any such insti- 30 tution which establishes or maintains a policy of educating persons of 31 one sex exclusively may admit students of only one sex. 32 § 8. Section 2 of subpart B of part AA of chapter 56 of the laws of 33 2014 amending the education law relating to providing that standardized 34 test scores shall not be included on a student's permanent record, as 35 amended by section 35 of part CCC of chapter 59 of the laws of 2018, is 36 amended to read as follows: 37 § 2. This act shall take effect immediately [and shall expire and be38deemed repealed on December 31, 2019]. 39 § 9. Subdivisions 1 and 2 of section 2509 of the education law, subdi- 40 vision 1 as amended by chapter 116 of the laws of 1971, paragraphs (a) 41 and (b) of subdivision 1 as amended by section 1 and subdivision 2 as 42 amended by section 2 of subpart D of part EE of chapter 56 of the laws 43 of 2015, are amended to read as follows: 44 1. (a) i. Teachers and all other members of the teaching staff 45 appointed prior to July first, two thousand fifteen and authorized by 46 section twenty-five hundred three of this article, shall be appointed by 47 the board of education, upon the recommendation of the superintendent of 48 schools, for a probationary period of three years, except that in the 49 case of a teacher who has rendered satisfactory service as a regular 50 substitute for a period of two years or as a seasonally licensed per 51 session teacher of swimming in day schools who has served in that capac- 52 ity for a period of two years and has been appointed to teach the same 53 subject in day schools on an annual salary, the probationary period 54 shall be limited to one year; provided, however, that in the case of a 55 teacher who has been appointed on tenure in another school district 56 within the state, the school district where currently employed, or aS. 9098 9 1 board of cooperative educational services, and who was not dismissed 2 from such district or board as a result of charges brought pursuant to 3 subdivision one of section three thousand twenty-a of this chapter, the 4 probationary period shall not exceed two years. The service of a person 5 appointed to any of such positions may be discontinued at any time 6 during such probationary period, on the recommendation of the super- 7 intendent of schools, by a majority vote of the board of education. Each 8 person who is not to be recommended for appointment on tenure shall be 9 so notified by the superintendent of schools in writing not later than 10 sixty days immediately preceding the expiration of his probationary 11 period. 12 ii. Notwithstanding any other provision of law or regulation to the 13 contrary, teachers and all other members of the teaching staff appointed 14 on or after July first, two thousand fifteen and authorized by section 15 twenty-five hundred three of this article, shall be appointed by the 16 board of education, upon the recommendation of the superintendent of 17 schools, for a probationary period of [four] three years, except that in 18 the case of a teacher who has rendered satisfactory service as a regular 19 substitute for a period of two years and, if a classroom teacher, has 20 received composite annual professional performance review ratings in 21 each of those years, or has rendered satisfactory service as a 22 seasonally licensed per session teacher of swimming in day schools who 23 has served in that capacity for a period of two years and has been 24 appointed to teach the same subject in day schools on an annual salary, 25 the teacher shall be appointed for a probationary period of two years; 26 provided, however, that in the case of a teacher who has been appointed 27 on tenure in another school district within the state, the school 28 district where currently employed, or a board of cooperative educational 29 services, and who was not dismissed from such district or board as a 30 result of charges brought pursuant to subdivision one of section three 31 thousand twenty-a or section three thousand twenty-b of this chapter, 32 the teacher shall be appointed for a probationary period of [three] two 33 years; provided that the teacher demonstrates that he or she received an 34 annual professional performance review rating pursuant to section [three35thousand twelve-c or section three thousand twelve-d] three thousand 36 twelve-b of this chapter in his or her final year of service in such 37 other school district or board of cooperative educational services. The 38 service of a person appointed to any of such positions may be discontin- 39 ued at any time during such probationary period, on the recommendation 40 of the superintendent of schools, by a majority vote of the board of 41 education. Each person who is not to be recommended for appointment on 42 tenure shall be so notified by the superintendent of schools in writing 43 not later than sixty days immediately preceding the expiration of 44 his/her probationary period. 45 (b) i. Administrators, directors, supervisors, principals and all 46 other members of the supervising staff, except associate, assistant and 47 other superintendents appointed prior to 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 three years. The service of a person appointed to any of such positions 52 may be discontinued at any time during the probationary period on the 53 recommendation of the superintendent of schools, by a majority vote of 54 the board of education. 55 ii. Notwithstanding any other provision of law or regulation to the 56 contrary, administrators, directors, supervisors, principals and allS. 9098 10 1 other members of the supervising staff, except associate, assistant and 2 other superintendents, appointed on or after July first, two thousand 3 fifteen and authorized by section twenty-five hundred three of this 4 article, shall be appointed by the board of education, upon the recom- 5 mendation of the superintendent of schools for a probationary period of 6 [four] three years. The service of a person appointed to any of such 7 positions may be discontinued at any time during the probationary period 8 on the recommendation of the superintendent of schools, by a majority 9 vote of the board of education. 10 2. a. At the expiration of the probationary term of any persons 11 appointed for such term prior to July first, two thousand fifteen, or 12 within six months prior thereto, the superintendent of schools shall 13 make a written report to the board of education recommending for 14 appointment on tenure those persons who have been found competent, effi- 15 cient and satisfactory. By a majority vote the board of education may 16 then appoint on tenure any or all of the persons recommended by the 17 superintendent of schools. Such persons and all others employed in the 18 teaching service of the schools of such school district who have served 19 the full probationary period shall hold their respective positions 20 during good behavior and efficient and competent service, and shall not 21 be removable except for cause after a hearing as provided by section 22 three thousand twenty-a or section three thousand twenty-b of this chap- 23 ter. Failure to maintain certification as required by this chapter and 24 the regulations of the commissioner shall constitute cause for removal. 25 b. For persons appointed on or after July first, two thousand fifteen, 26 at the expiration of the probationary term of any persons appointed for 27 such term, or within six months prior thereto, the superintendent of 28 schools shall make a written report to the board of education recommend- 29 ing for appointment on tenure those persons who have been found compe- 30 tent, efficient and satisfactory and in the case of a classroom teacher 31 or building principal, who have received annual professional performance 32 review ratings pursuant to section [three thousand twelve-c or section33three thousand twelve-d] three thousand twelve-b of this chapter, of 34 either effective or highly effective in at least [three] two of the 35 [four] three preceding years, exclusive of any breaks in service; 36 provided that, notwithstanding any other provision of this section to 37 the contrary, when a teacher or principal receives an effective or high- 38 ly effective rating in each year of his or her probationary service 39 except he or she receives an ineffective rating in the final year of his 40 or her probationary period, such teacher or principal shall not be 41 eligible for tenure but the board of education in its discretion, may 42 extend the teacher's probationary period for an additional year; 43 provided, however, that if such teacher or principal successfully 44 appealed such ineffective rating, such teacher or principal shall imme- 45 diately be eligible for tenure if the rating resulting from the appeal 46 established that such individual has been effective or highly effective 47 in at least [three] two of the preceding [four] three years and was not 48 ineffective in the final year. By a majority vote, the board of educa- 49 tion may then appoint on tenure any or all of the persons recommended by 50 the superintendent of schools. At the expiration of the probationary 51 period, the classroom teacher or building principal shall remain in 52 probationary status until the end of the school year in which such 53 teacher or principal has received such ratings of effective or highly 54 effective for at least [three] two of the [four] three preceding school 55 years exclusive of any breaks in service and subject to the terms here- 56 of, during which time a board of education shall consider whether toS. 9098 11 1 grant tenure for those classroom teachers or building principals who 2 otherwise have been found competent, efficient and satisfactory. 3 Provided, however, that the board of education may grant tenure contin- 4 gent upon a classroom teacher's or building principal's receipt of a 5 minimum rating in the final year of the probationary period, pursuant to 6 the requirements of this section, and if such contingency is not met 7 after all appeals have been exhausted, the grant of tenure shall be void 8 and unenforceable and the teacher's or principal's probationary period 9 may be extended in accordance with this subdivision. Such persons who 10 have been recommended for tenure and all others employed in the teaching 11 service of the schools of such school district who have served the full 12 probationary period as extended pursuant to this subdivision shall hold 13 their respective positions during good behavior and efficient and compe- 14 tent service, and shall not be removable except for cause after a hear- 15 ing as provided by section three thousand twenty-a or section three 16 thousand twenty-b of this chapter. Failure to maintain certification as 17 required by this chapter and the regulations of the commissioner shall 18 constitute cause for removal. 19 § 10. Subdivision 1, paragraph (b) of subdivision 5, and paragraph (b) 20 of subdivision 6 of section 2573 of the education law, subdivision 1 as 21 amended, paragraph (b) of subdivision 5 and paragraph (b) of subdivision 22 6 as added by section 3 of subpart D of part EE of chapter 56 of the 23 laws of 2015, are amended to read as follows: 24 1. (a) i. Teachers and all other members of the teaching staff, 25 appointed prior to July first, two thousand fifteen and authorized by 26 section twenty-five hundred fifty-four of this article, shall be 27 appointed by the board of education, upon the recommendation of the 28 superintendent of schools, for a probationary period of three years, 29 except that in the case of a teacher who has rendered satisfactory 30 service as a regular substitute for a period of two years or as a 31 seasonally licensed per session teacher of swimming in day schools who 32 has served in that capacity for a period of two years and has been 33 appointed to teach the same subject in day schools on an annual salary, 34 the probationary period shall be limited to one year; provided, however, 35 that in the case of a teacher who has been appointed on tenure in anoth- 36 er school district within the state, the school district where currently 37 employed, or a board of cooperative educational services, and who was 38 not dismissed from such district or board as a result of charges brought 39 pursuant to subdivision one of section three thousand twenty-a or 40 section three thousand twenty-b of this chapter, the probationary period 41 shall not exceed two years; provided, however, that in cities with a 42 population of one million or more, a teacher appointed under a newly 43 created license, for teachers of reading and of the emotionally hand- 44 icapped, to a position which the teacher has held for at least two years 45 prior to such appointment while serving on tenure in another license 46 area who was not dismissed as a result of charges brought pursuant to 47 subdivision one of section three thousand twenty-a or section three 48 thousand twenty-b of this chapter, the probationary period shall be one 49 year. The service of a person appointed to any of such positions may be 50 discontinued at any time during such probationary period, on the recom- 51 mendation of the superintendent of schools, by a majority vote of the 52 board of education. Each person who is not to be recommended for 53 appointment on tenure shall be so notified by the superintendent of 54 schools in writing not later than sixty days immediately preceding the 55 expiration of his or her probationary period. In city school districts 56 having a population of four hundred thousand or more, persons withS. 9098 12 1 licenses obtained as a result of examinations announced subsequent to 2 the twenty-second day of May, nineteen hundred sixty-nine appointed upon 3 conditions that all announced requirements for the position be fulfilled 4 within a specified period of time, shall not acquire tenure unless and 5 until such requirements have been completed within the time specified 6 for the fulfillment of such requirements, notwithstanding the expiration 7 of any probationary period. In all other city school districts subject 8 to the provisions of this article, failure to maintain certification as 9 required by this article and by the regulations of the commissioner 10 shall be cause for removal within the meaning of subdivision five of 11 this section. 12 ii. Teachers and all other members of the teaching staff appointed on 13 or after July first, two thousand fifteen and authorized by section 14 twenty-five hundred fifty-four of this article, shall be appointed by 15 the board of education, upon the recommendation of the superintendent of 16 schools, for a probationary period of [four] three years, except that in 17 the case of a teacher who has rendered satisfactory service as a regular 18 substitute for a period of two years and, if a classroom teacher, has 19 received annual professional performance review ratings in each of those 20 years, or has rendered satisfactory service as a seasonally licensed per 21 session teacher of swimming in day schools who has served in that capac- 22 ity for a period of two years and has been appointed to teach the same 23 subject in day schools on an annual salary, the teacher shall be 24 appointed for a probationary period of two years; provided, however, 25 that in the case of a teacher who has been appointed on tenure in anoth- 26 er school district within the state, the school district where currently 27 employed, or a board of cooperative educational services, and who was 28 not dismissed from such district or board as a result of charges brought 29 pursuant to subdivision one of section three thousand twenty-a or 30 section three thousand twenty-b of this chapter, the teacher shall be 31 appointed for a probationary period of [three] two years; provided that, 32 in the case of a classroom teacher, the teacher demonstrates that he or 33 she received an annual professional performance review rating pursuant 34 to section [three thousand twelve-c or section three thousand twelve-d] 35 three thousand twelve-b of this chapter in his or her final year of 36 service in such other school district or board of cooperative educa- 37 tional services; provided, however, that in cities with a population of 38 one million or more, a teacher appointed under a newly created license, 39 for teachers of reading and of the emotionally handicapped, to a posi- 40 tion which the teacher has held for at least two years prior to such 41 appointment while serving on tenure in another license area who was not 42 dismissed as a result of charges brought pursuant to subdivision one of 43 section three thousand twenty-a or section three thousand twenty-b of 44 this chapter, the teacher shall be appointed for a probationary period 45 of two years. The service of a person appointed to any of such positions 46 may be discontinued at any time during such probationary period, on the 47 recommendation of the superintendent of schools, by a majority vote of 48 the board of education. Each person who is not to be recommended for 49 appointment on tenure shall be so notified by the superintendent of 50 schools in writing not later than sixty days immediately preceding the 51 expiration of his or her probationary period. In all city school 52 districts subject to the provisions of this article, failure to maintain 53 certification as required by this article and by the regulations of the 54 commissioner shall be cause for removal within the meaning of subdivi- 55 sion five of this section.S. 9098 13 1 (b) i. Administrators, directors, supervisors, principals and all 2 other members of the supervising staff, except executive directors, 3 associate, assistant, district and community superintendents and examin- 4 ers, appointed prior to July first, two thousand fifteen and authorized 5 by 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 three 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 ii. Administrators, directors, supervisors, principals and all other 13 members of the supervising staff, except executive directors, associate, 14 assistant, district and community superintendents and examiners, 15 appointed on or after July first, two thousand fifteen and authorized by 16 section twenty-five hundred fifty-four of this article, shall be 17 appointed by the board of education, upon the recommendation of the 18 superintendent or chancellor of schools, for a probationary period of 19 [four] three years provided that such probationary period may be 20 extended in accordance with paragraph (b) of subdivision five of this 21 section. The service of a person appointed to any of such positions may 22 be discontinued at any time during the probationary period on the recom- 23 mendation of the superintendent of schools, by a majority vote of the 24 board of education. 25 (b) At the expiration of the probationary term of any persons 26 appointed for such term on or after July first, two thousand fifteen, 27 the superintendent of schools shall make a written report to the board 28 of education recommending for permanent appointment those persons who 29 have been found competent, efficient and satisfactory and, in the case 30 of a classroom teacher or building principal, who have received compos- 31 ite annual professional performance review ratings pursuant to section 32 [three thousand twelve-c or section three thousand twelve-d] three thou- 33 sand twelve-b of this chapter, of either effective or highly effective 34 in at least [three] two of the [four] three preceding years, exclusive 35 of any breaks in service; provided that, notwithstanding any other 36 provision of this section to the contrary, when a teacher or principal 37 receives an effective and/or highly effective rating in each year of his 38 or her probationary service except he or she receives an ineffective 39 rating in the final year of his or her probationary period, such teacher 40 or principal shall not be eligible for tenure but the board of education 41 in its discretion, may extend the teacher's probationary period for an 42 additional year; provided, however, that if such teacher or principal 43 successfully appealed such ineffective rating, such teacher or principal 44 shall immediately be eligible for tenure if the rating resulting from 45 the appeal established that such individual has been effective or highly 46 effective in at least [three] two of the preceding [four] three years. 47 At the expiration of the probationary period, the classroom teacher or 48 building principal shall remain in probationary status until the end of 49 the school year in which such teacher or principal has received such 50 ratings of effective or highly effective for at least [three] two of the 51 [four] three preceding school years, exclusive of any breaks in service 52 and subject to the terms hereof, during which time a board of education 53 shall consider whether to grant tenure for those classroom teachers or 54 building principals who otherwise have been found competent, efficient 55 and satisfactory. Provided, however, that the board of education may 56 grant tenure contingent upon a classroom teacher's or building princi-S. 9098 14 1 pal's receipt of a minimum rating in the final year of the probationary 2 period, pursuant to the requirements of this section, and if such 3 contingency is not met after all appeals have been exhausted, the grant 4 of tenure shall be void and unenforceable and the teacher's or princi- 5 pal's probationary period may be extended in accordance with this subdi- 6 vision. Such persons who have been recommended for tenure and all others 7 employed in the teaching service of the schools of such school district 8 who have served the full probationary period as extended pursuant to 9 this subdivision shall hold their respective positions during good 10 behavior and efficient and competent service, and shall not be removable 11 except for cause after a hearing as provided by section three thousand 12 twenty-a or section three thousand twenty-b of this chapter. Failure to 13 maintain certification as required by this chapter and the regulations 14 of the commissioner shall constitute cause for removal. 15 (b) At the expiration of the probationary term of any persons 16 appointed for such term on or after July first, two thousand fifteen, 17 the superintendent of schools shall make a written report to the board 18 of education recommending for permanent appointment those persons who 19 have been found competent, efficient and satisfactory and, in the case 20 of a classroom teacher or building principal, who have received compos- 21 ite annual professional performance review ratings pursuant to section 22 [three thousand twelve-c or section three thousand twelve-d] three thou- 23 sand twelve-b of this chapter, of either effective or highly effective 24 in at least [three] two of the [four] three preceding years, exclusive 25 of any breaks in service; provided that, notwithstanding any other 26 provision of this section to the contrary, when a teacher receives an 27 effective and/or highly effective rating in each year of his or her 28 probationary service except he or she receives an ineffective rating in 29 the final year of his or her probationary period, such teacher or prin- 30 cipal shall not be eligible for tenure but the board of education in its 31 discretion, may extend the teacher's probationary period for an addi- 32 tional year; provided, however, that if such teacher or principal 33 successfully appealed such ineffective rating, such teacher or principal 34 shall immediately be eligible for tenure if the rating resulting from 35 the appeal established that such individual has been effective or highly 36 effective in at least [three] two of the preceding [four] three years 37 and was not ineffective in the final year. At the expiration of the 38 probationary period, the classroom teacher or building principal shall 39 remain in probationary status until the end of the school year in which 40 such teacher or principal has received such ratings of effective or 41 highly effective for at least [three] two of the [four] three preceding 42 school years, exclusive of any breaks in service and subject to the 43 terms hereof, during which time a board of education shall consider 44 whether to grant tenure for those classroom teachers or building princi- 45 pals who otherwise have been found competent, efficient and satisfac- 46 tory. Provided, however, that the board of education may grant tenure 47 contingent upon a classroom teacher's or building principal's receipt of 48 a minimum rating in the final year of the probationary period, pursuant 49 to the requirements of this section, and if such contingency is not met 50 after all appeals have been exhausted, the grant of tenure shall be void 51 and unenforceable and the teacher's or principal's probationary period 52 may be extended in accordance with this subdivision. Such persons who 53 have been recommended for tenure and all others employed in the teaching 54 service of the schools of such school district who have served the full 55 probationary period as extended pursuant to this subdivision shall hold 56 their respective positions during good behavior and efficient and compe-S. 9098 15 1 tent service, and shall not be removable except for cause after a hear- 2 ing as provided by section three thousand twenty-a or section three 3 thousand twenty-b of this chapter. Failure to maintain certification as 4 required by this chapter and the regulations of the commissioner shall 5 constitute cause for removal. 6 § 11. Subparagraph ii of paragraph (a) of subdivision 1, subparagraph 7 ii of paragraph (b) of subdivision 1, and paragraph (b) of subdivision 2 8 of section 3012 of the education law, as amended by section 4 of subpart 9 D of part EE of chapter 56 of the laws of 2015, are amended to read as 10 follows: 11 ii. Teachers and all other members of the teaching staff of school 12 districts, including common school districts and/or school districts 13 employing fewer than eight teachers, other than city school districts, 14 who are appointed on or after July first, two thousand fifteen, shall be 15 appointed by the board of education, or the trustees of common school 16 districts, upon the recommendation of the superintendent of schools, for 17 a probationary period of [four] three years, except that in the case of 18 a teacher who has rendered satisfactory service as a regular substitute 19 for a period of two years and, if a classroom teacher, has received 20 annual professional performance review ratings in each of those years, 21 or has rendered satisfactory service as a seasonally licensed per 22 session teacher of swimming in day schools who has served in that capac- 23 ity for a period of two years and has been appointed to teach the same 24 subject in day schools, on an annual salary, the teacher shall be 25 appointed for a probationary period of two years; provided, however, 26 that in the case of a teacher who has been appointed on tenure in anoth- 27 er school district within the state, the school district where currently 28 employed, or a board of cooperative educational services, and who was 29 not dismissed from such district or board as a result of charges brought 30 pursuant to subdivision one of section three thousand twenty-a or 31 section three thousand twenty-b of this article, the teacher shall be 32 appointed for a probationary period of [three] two years; provided that, 33 in the case of a classroom teacher, the teacher demonstrates that he or 34 she received an annual professional performance review rating pursuant 35 to section [three thousand twelve-c or section three thousand twelve-d] 36 three thousand twelve-b of this [chapter] article in his or her final 37 year of service in such other school district or board of cooperative 38 educational services. The service of a person appointed to any of such 39 positions may be discontinued at any time during such probationary peri- 40 od, on the recommendation of the superintendent of schools, by a majori- 41 ty vote of the board of education or the trustees of a common school 42 district. 43 ii. Principals, administrators, supervisors and all other members of 44 the supervising staff of school districts, including common school 45 districts and/or school districts employing fewer than eight teachers, 46 other than city school districts, who are appointed on or after July 47 first, two thousand fifteen, shall be appointed by the board of educa- 48 tion, or the trustees of a common school district, upon the recommenda- 49 tion of the superintendent of schools for a probationary period of 50 [four] three years. The service of a person appointed to any of such 51 positions may be discontinued at any time during the probationary period 52 on the recommendation of the superintendent of schools, by a majority 53 vote of the board of education or the trustees of a common school 54 district. 55 (b) At the expiration of the probationary term of a person appointed 56 for such term on or after July first, two thousand fifteen, subject toS. 9098 16 1 the conditions of this section, the superintendent of schools shall make 2 a written report to the board of education or the trustees of a common 3 school district recommending for appointment on tenure those persons who 4 have been found competent, efficient and satisfactory and, in the case 5 of a classroom teacher or building principal, who have received compos- 6 ite annual professional performance review ratings pursuant to section 7 [three thousand twelve-c or section three thousand twelve-d] three thou- 8 sand twelve-b of this article, of either effective or highly effective 9 in at least [three] two of the [four] three preceding years, exclusive 10 of any breaks in service; provided that, notwithstanding any other 11 provision of this section to the contrary, when a teacher or principal 12 receives an effective or highly effective rating in each year of his or 13 her probationary service except he or she receives an ineffective rating 14 in the final year of his or her probationary period, such teacher shall 15 not be eligible for tenure but the board of education, in its 16 discretion, may extend the teacher's probationary period for an addi- 17 tional year; provided, however, that if such teacher or principal 18 successfully appealed such ineffective rating, such teacher or principal 19 shall immediately be eligible for tenure if the rating resulting from 20 the appeal established that such individual has been effective or highly 21 effective in at least [three] two of the preceding [four] three years 22 and was not ineffective in the final year. At the expiration of the 23 probationary period, the classroom teacher or building principal shall 24 remain in probationary status until the end of the school year in which 25 such teacher or principal has received such ratings of effective or 26 highly effective for at least [three] two of the [four] three preceding 27 school years, exclusive of any breaks in service, and subject to the 28 terms hereof, during which time the trustees or board of education shall 29 consider whether to grant tenure for those classroom teachers or build- 30 ing principals who otherwise have been found competent, efficient and 31 satisfactory. Provided, however, that the trustees or board of education 32 may grant tenure contingent upon a classroom teacher's or building prin- 33 cipal's receipt of a minimum rating in the final year of the probation- 34 ary period, pursuant to the requirements of this section, and if such 35 contingency is not met after all appeals have been exhausted, the grant 36 of tenure shall be void and unenforceable and the teacher's or princi- 37 pal's probationary period may be extended in accordance with this subdi- 38 vision. Such persons who have been recommended for tenure and all others 39 employed in the teaching service of the schools of such school district 40 who have served the full probationary period as extended pursuant to 41 this subdivision shall hold their respective positions during good 42 behavior and efficient and competent service, and shall not be removable 43 except for cause after a hearing as provided by section three thousand 44 twenty-a or section three thousand twenty-b of this article. Failure to 45 maintain certification as required by this chapter and the regulations 46 of the commissioner shall constitute cause for removal. 47 § 12. Paragraph (b) of subdivision 1 and paragraph (b) of subdivision 48 2 of section 3014 of the education law, as added by section 5 of subpart 49 D of part EE of chapter 56 of the laws of 2015, are amended to read as 50 follows: 51 (b) Administrative assistants, supervisors, teachers and all other 52 members of the teaching and supervising staff of the board of cooper- 53 ative educational services appointed on or after July first, two thou- 54 sand fifteen, shall be appointed by a majority vote of the board of 55 cooperative educational services upon the recommendation of the district 56 superintendent of schools for a probationary period of not to exceedS. 9098 17 1 [four] three years; provided, however, that in the case of a teacher who 2 has been appointed on tenure in a school district within the state, the 3 board of cooperative educational services where currently employed, or 4 another board of cooperative educational services, and who was not 5 dismissed from such district or board as a result of charges brought 6 pursuant to section three thousand twenty-a or section three thousand 7 twenty-b of this article, the teacher shall be appointed for a proba- 8 tionary period of [three] two years; provided that, in the case of a 9 classroom teacher, the teacher demonstrates that he or she received a 10 composite annual professional performance review rating pursuant to 11 section [three thousand twelve-c or three thousand twelve-d] three thou- 12 sand twelve-b of this [chapter] article of either effective or highly 13 effective in his or her final year of service in such other school 14 district or board of cooperative educational services. Services of a 15 person so appointed to any such positions may be discontinued at any 16 time during such probationary period, upon the recommendation of the 17 district superintendent, by a majority vote of the board of cooperative 18 educational services. 19 (b) On or before the expiration of the probationary term of a person 20 appointed for such term on or after July first, two thousand fifteen, 21 the district superintendent of schools shall make a written report to 22 the board of cooperative educational services recommending for appoint- 23 ment on tenure persons who have been found competent, efficient and 24 satisfactory and, in the case of a classroom teacher or building princi- 25 pal, who have received composite annual professional performance review 26 ratings pursuant to section [three thousand twelve-c or section three27thousand twelve-d] three thousand twelve-b of this article, of either 28 effective or highly effective in at least [three] two of the [four] 29 three preceding years, exclusive of any breaks in service; provided 30 that, notwithstanding any other provision of this section to the contra- 31 ry, when a teacher or principal receives an effective or highly effec- 32 tive rating in each year of his or her probationary service except he or 33 she receives an ineffective rating in the final year of his or her 34 probationary period, such teacher shall not be eligible for tenure but 35 the board of education in its discretion, may extend the teacher's 36 probationary period for an additional year; provided, however that if 37 such teacher or principal successfully appealed such ineffective rating, 38 such teacher or principal shall immediately be eligible for tenure if 39 the rating resulting from the appeal established that such individual 40 has been effective or highly effective in at least [three] two of the 41 preceding [four] three years and was not ineffective in the final year. 42 At the expiration of the probationary period, the classroom teacher or 43 building principal shall remain in probationary status until the end of 44 the school year in which such teacher or principal has received such 45 ratings of effective or highly effective for at least [three] two of the 46 [four] three preceding school years, exclusive of any breaks in service, 47 during which time a board of cooperative educational services shall 48 consider whether to grant tenure for those classroom teachers or build- 49 ing principals who otherwise have been found competent, efficient and 50 satisfactory. Provided, however, that the board of cooperative educa- 51 tional services may grant tenure contingent upon a classroom teacher's 52 or building principal's receipt of a minimum rating in the final year of 53 the probationary period, pursuant to the requirements of this section, 54 and if such contingency is not met after all appeals have been 55 exhausted, the grant of tenure shall be void and unenforceable and the 56 teacher's or principal's probationary period may be extended in accord-S. 9098 18 1 ance with this subdivision. Such persons shall hold their respective 2 positions during good behavior and competent and efficient service and 3 shall not be removed except for any of the following causes, after a 4 hearing, as provided by section three thousand twenty-a or section three 5 thousand twenty-b of this article: (i) Insubordination, immoral charac- 6 ter or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or 7 neglect of duty; (iii) Failure to maintain certification as required by 8 this chapter and by the regulations of the commissioner. Each person who 9 is not to be so recommended for appointment on tenure shall be so noti- 10 fied in writing by the district superintendent not later than sixty days 11 immediately preceding the expiration of his or her probationary period. 12 § 13. This act shall take effect immediately; provided, however, that: 13 (a) the amendments to subdivisions 9 and 9-a of section 2852 of the 14 education law made by sections four and four-a of this act shall take 15 effect upon the state university charter school institute, in consulta- 16 tion with the state education department, certifying that the cap of 17 four hundred sixty charters has been reached, when upon such date the 18 provisions of section four of this act shall be deemed repealed; and 19 (b) the state education department shall notify the legislative bill 20 drafting commission upon the occurrence of the enactment of the legis- 21 lation provided for in subdivision (a) of this section in order that the 22 commission may maintain an accurate and timely effective data base of 23 the official text of the laws of the state of New York in furtherance of 24 effectuating the provisions of section 44 of the legislative law and 25 section 70-b of the public officers law.
