S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6750--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 29, 2021
                                ___________
 
 Introduced  by  M. of A. BENEDETTO, GUNTHER, OTIS, McDONALD -- read once
   and referred to the Committee on Education  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- again  reported  from  said  committee  with  amendments,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the education law, in relation to the granting of tenure
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph ii  of  paragraph  (a)  of  subdivision  1  of
 section  3012 of the education law, as amended by section 4 of subpart D
 of part EE of chapter 56 of the laws of 2015,  is  amended  to  read  as
 follows:
   ii.  Teachers  and  all  other members of the teaching staff of school
 districts, including common school  districts  and/or  school  districts
 employing  fewer  than eight teachers, other than city school districts,
 who are appointed on or after July first, two thousand fifteen, shall be
 appointed by the board of education, or the trustees  of  common  school
 districts, upon the recommendation of the superintendent of schools, for
 a probationary period of four years, except that in the case of a teach-
 er  who  has rendered satisfactory service as a regular substitute for a
 period of two years and, if a classroom  teacher,  has  received  annual
 professional  performance  review ratings in each of those years, or has
 rendered satisfactory service  as  a  seasonally  licensed  per  session
 teacher of swimming in day schools who has served in that capacity for a
 period  of two years and has been appointed to teach the same subject in
 day schools, on an annual salary, the teacher shall be appointed  for  a
 probationary period of two years; provided, however, that in the case of
 a  teacher  who  has been appointed on tenure in another school district
 within the state, the school district where  currently  employed,  or  a
 board  of  cooperative  educational  services, and who was not dismissed
 from such district or board as a result of charges brought  pursuant  to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09855-17-1

 A. 6750--B                          2
 
 subdivision  one  of  section  three  thousand twenty-a or section three
 thousand twenty-b of this article, the teacher shall be appointed for  a
 probationary  period  of  three  years;  provided that, in the case of a
 classroom  teacher,  the teacher demonstrates that he or she received an
 annual professional performance review rating pursuant to section  three
 thousand  twelve-c or section three thousand twelve-d of this chapter in
 his or her final year of service in such other school district or  board
 of  cooperative educational services. PROVIDED FURTHER, HOWEVER, THAT IN
 THE CASE OF A TEACHER WHO HAS BEEN APPOINTED FOR A  PROBATIONARY  PERIOD
 DURING  THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND
 WHO HAS BEEN APPOINTED ON TENURE IN ANOTHER SCHOOL DISTRICT  WITHIN  THE
 STATE,  THE  SCHOOL  DISTRICT WHERE CURRENTLY EMPLOYED, BOARD OF COOPER-
 ATIVE EDUCATIONAL SERVICES OR STATE SCHOOL FOR THE BLIND OR DEAF AND WHO
 WAS NOT DISMISSED FROM SUCH DISTRICT, BOARD  OR  STATE  SCHOOL  FOR  THE
 BLIND OR DEAF AS A RESULT OF CHARGES BROUGHT PURSUANT TO SUBDIVISION ONE
 OF SECTION THREE THOUSAND TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF
 THIS  ARTICLE, SUCH TEACHER SHALL BE APPOINTED FOR A PROBATIONARY PERIOD
 OF THREE YEARS; PROVIDED THAT, IN THE CASE OF A CLASSROOM TEACHER,  SUCH
 TEACHER  DEMONSTRATES  THAT  HE  OR  SHE RECEIVED AN ANNUAL PROFESSIONAL
 PERFORMANCE REVIEW RATING PURSUANT TO SECTION THREE THOUSAND TWELVE-C OR
 SECTION THREE THOUSAND TWELVE-D OF THIS  ARTICLE  IN  THE  TWO  THOUSAND
 SEVENTEEN--TWO  THOUSAND EIGHTEEN OR TWO THOUSAND EIGHTEEN--TWO THOUSAND
 NINETEEN SCHOOL YEAR IN SUCH OTHER SCHOOL DISTRICT, BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES OR STATE SCHOOL FOR THE BLIND OR DEAF. The  service
 of  a  person  appointed to any of such positions may be discontinued at
 any time during such probationary period, on the recommendation  of  the
 superintendent  of schools, by a majority vote of the board of education
 or the trustees of a common school district.
   § 2. Paragraph (b) of subdivision 2 of section 3012 of  the  education
 law,  as added by section 4 of subpart D of part EE of chapter 56 of the
 laws of 2015, is amended to read as follows:
   (b) At the expiration of the probationary term of a  person  appointed
 for  such  term on or after July first, two thousand fifteen, subject to
 the conditions of this section, the superintendent of schools shall make
 a written report to the board of education or the trustees of  a  common
 school district recommending for appointment on tenure those persons who
 have  been  found competent, efficient and satisfactory and, in the case
 of a classroom teacher or building principal, who have received  compos-
 ite  annual  professional performance review ratings pursuant to section
 three thousand twelve-c or section three thousand twelve-d of this arti-
 cle, of either effective or highly effective in at least  three  of  the
 four  preceding years, exclusive of any breaks in service; PROVIDED THAT
 IN THE CASE OF A  CLASSROOM  TEACHER  OR  BUILDING  PRINCIPAL  APPOINTED
 DURING  THE  TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN, TWO THOUSAND
 EIGHTEEN--TWO THOUSAND NINETEEN OR TWO THOUSAND  NINETEEN--TWO  THOUSAND
 TWENTY  SCHOOL  YEAR,  WHO  HAVE  RECEIVED COMPOSITE ANNUAL PROFESSIONAL
 PERFORMANCE REVIEW RATINGS PURSUANT TO SECTION THREE  THOUSAND  TWELVE-C
 OR  SECTION THREE THOUSAND TWELVE-D OF THIS ARTICLE, OF EITHER EFFECTIVE
 OR HIGHLY EFFECTIVE IN AT LEAST ONE OF THE FOUR PRECEDING YEARS,  EXCLU-
 SIVE OF ANY BREAKS IN SERVICE, AND DID NOT RECEIVE AN INEFFECTIVE RATING
 IN  THE FINAL YEAR OF HIS OR HER PROBATIONARY PERIOD, OR DURING THE MOST
 RECENT SCHOOL YEAR WHERE A RATING WAS RECEIVED; PROVIDED  THAT,  IN  THE
 CASE  OF  A CLASSROOM TEACHER OR BUILDING PRINCIPAL APPOINTED DURING THE
 TWO THOUSAND  TWENTY--TWO  THOUSAND  TWENTY-ONE  SCHOOL  YEAR  WHO  HAVE
 RECEIVED COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSU-
 ANT  TO  SECTION  THREE  THOUSAND  TWELVE-C  OR  SECTION  THREE THOUSAND

 A. 6750--B                          3
 
 TWELVE-D OF THIS ARTICLE OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE  IN  AT
 LEAST  TWO  OF  THE  FOUR  PRECEDING  YEARS,  EXCLUSIVE OF ANY BREAKS IN
 SERVICE, AND DID NOT RECEIVE AN INEFFECTIVE RATING IN THE FINAL YEAR  OF
 HIS  OR  HER  PROBATIONARY PERIOD, OR DURING THE MOST RECENT SCHOOL YEAR
 WHERE A RATING WAS RECEIVED; provided FURTHER that, notwithstanding  any
 other provision of this section to the contrary, when a teacher or prin-
 cipal  receives  an effective or highly effective rating in each year of
 his or her probationary service except he or she receives an ineffective
 rating in the final year of his or her probationary period, such teacher
 shall not be eligible for tenure but the  board  of  education,  in  its
 discretion,  may  extend  the teacher's probationary period for an addi-
 tional year; provided,  however,  that  if  such  teacher  or  principal
 successfully appealed such ineffective rating, such teacher or principal
 shall  immediately  be  eligible for tenure if the rating resulting from
 the appeal established that such individual has been effective or highly
 effective in at least three of the preceding  four  years  and  was  not
 ineffective  in  the  final  year. At the expiration of the probationary
 period, the classroom teacher or  building  principal  shall  remain  in
 probationary  status  until  the  end  of  the school year in which such
 teacher or principal has received such ratings of  effective  or  highly
 effective  for at least three of the four preceding school years, exclu-
 sive of any breaks in service, and subject to the terms  hereof,  during
 which  time the trustees or board of education shall consider whether to
 grant tenure for those classroom teachers  or  building  principals  who
 otherwise   have  been  found  competent,  efficient  and  satisfactory.
 Provided, however, that the trustees or board  of  education  may  grant
 tenure  contingent  upon  a  classroom teacher's or building principal's
 receipt of a minimum rating in the final year of the probationary  peri-
 od, pursuant to the requirements of this section, and if such contingen-
 cy is not met after all appeals have been exhausted, the grant of tenure
 shall  be void and unenforceable and the teacher's or principal's proba-
 tionary period may be extended in accordance with this subdivision. Such
 persons who have been recommended for tenure and all others employed  in
 the  teaching  service  of  the schools of such school district who have
 served the full probationary period as extended pursuant to this  subdi-
 vision  shall  hold  their respective positions during good behavior and
 efficient and competent service, and shall not be removable  except  for
 cause  after a hearing as provided by section three thousand twenty-a or
 section three thousand twenty-b of this  article.  Failure  to  maintain
 certification  as  required  by  this chapter and the regulations of the
 commissioner shall constitute cause for removal.
   § 3. Section 3012-d of the education law is amended by  adding  a  new
 subdivision 17 to read as follows:
   17.  NOTWITHSTANDING  ANY OTHER PROVISION OF THIS SECTION, FOR THE TWO
 THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR, NO SCHOOL DISTRICT
 OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL  COMPLETE  AN  ANNUAL
 TEACHER AND PRINCIPAL EVALUATION REQUIRED BY THIS SECTION FOR ANY CLASS-
 ROOM  TEACHER OR BUILDING PRINCIPAL AND STATE FUNDING SHALL NOT BE WITH-
 HELD FROM ANY SCHOOL DISTRICT FOR NOT COMPLYING WITH THE REQUIREMENTS OF
 THIS SECTION.
   § 4. Paragraph (b) of subdivision 2 of section 3014 of  the  education
 law,  as added by section 5 of subpart D of part EE of chapter 56 of the
 laws of 2015, is amended to read as follows:
   (b) On or before the expiration of the probationary term of  a  person
 appointed  for  such  term on or after July first, two thousand fifteen,
 the district superintendent of schools shall make a  written  report  to

 A. 6750--B                          4
 
 the  board of cooperative educational services recommending for appoint-
 ment on tenure persons who have  been  found  competent,  efficient  and
 satisfactory and, in the case of a classroom teacher or building princi-
 pal,  who have received composite annual professional performance review
 ratings pursuant to section three thousand  twelve-c  or  section  three
 thousand  twelve-d of this article, of either effective or highly effec-
 tive in at least three of the four preceding  years,  exclusive  of  any
 breaks  in service; PROVIDED THAT, IN THE CASE OF A CLASSROOM TEACHER OR
 BUILDING PRINCIPAL APPOINTED  DURING  THE  TWO  THOUSAND  SEVENTEEN--TWO
 THOUSAND  EIGHTEEN,  TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN OR TWO
 THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL  YEAR  WHO  HAVE  RECEIVED
 COMPOSITE  ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEW RATINGS PURSUANT TO
 SECTION THREE THOUSAND TWELVE-C OR SECTION THREE  THOUSAND  TWELVE-D  OF
 THIS  ARTICLE OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST ONE OF
 THE FOUR PRECEDING YEARS, EXCLUSIVE OF ANY BREAKS IN  SERVICE,  AND  DID
 NOT RECEIVE AN INEFFECTIVE RATING IN THE FINAL YEAR OF HIS OR HER PROBA-
 TIONARY  PERIOD  OR  IN  THE  MOST RECENT SCHOOL YEAR WHERE A RATING WAS
 RECEIVED; PROVIDED THAT, IN THE CASE OF A CLASSROOM TEACHER OR  BUILDING
 PRINCIPAL  APPOINTED  DURING THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
 TY-ONE SCHOOL YEAR  WHO  HAVE  RECEIVED  COMPOSITE  ANNUAL  PROFESSIONAL
 PERFORMANCE  REVIEW  RATINGS PURSUANT TO SECTION THREE THOUSAND TWELVE-C
 OR SECTION THREE THOUSAND TWELVE-D OF THIS ARTICLE OF  EITHER  EFFECTIVE
 OR  HIGHLY EFFECTIVE IN AT LEAST TWO OF THE FOUR PRECEDING YEARS, EXCLU-
 SIVE OF ANY BREAKS IN SERVICE,   AND  DID  NOT  RECEIVE  AN  INEFFECTIVE
 RATING  IN  THE  FINAL YEAR OF HIS OR HER PROBATIONARY PERIOD, OR DURING
 THE MOST RECENT SCHOOL  YEAR  WHERE  A  RATING  WAS  RECEIVED;  provided
 FURTHER that, notwithstanding any other provision of this section to the
 contrary,  when  a  teacher or principal receives an effective or highly
 effective rating in each year of his or her probationary service  except
 he or she receives an ineffective rating in the final year of his or her
 probationary  period,  such teacher shall not be eligible for tenure but
 the board of education in  its  discretion,  may  extend  the  teacher's
 probationary  period  for  an additional year; provided, however that if
 such teacher or principal successfully appealed such ineffective rating,
 such teacher or principal shall immediately be eligible  for  tenure  if
 the  rating  resulting  from the appeal established that such individual
 has been effective or highly effective in at least three of the  preced-
 ing four years and was not ineffective in the final year. At the expira-
 tion of the probationary period, the classroom teacher or building prin-
 cipal  shall  remain  in probationary status until the end of the school
 year in which such teacher or principal has  received  such  ratings  of
 effective  or  highly effective for at least three of the four preceding
 school years, exclusive of any breaks in service, during  which  time  a
 board  of  cooperative  educational  services  shall consider whether to
 grant tenure for those classroom teachers  or  building  principals  who
 otherwise   have  been  found  competent,  efficient  and  satisfactory.
 Provided, however, that the board of  cooperative  educational  services
 may grant tenure contingent upon a classroom teacher's or building prin-
 cipal's  receipt of a minimum rating in the final year of the probation-
 ary period, pursuant to the requirements of this section,  and  if  such
 contingency  is not met after all appeals have been exhausted, the grant
 of tenure shall be void and unenforceable and the teacher's  or  princi-
 pal's probationary period may be extended in accordance with this subdi-
 vision.  Such  persons shall hold their respective positions during good
 behavior and competent and efficient service and shall  not  be  removed
 except  for any of the following causes, after a hearing, as provided by

 A. 6750--B                          5
 
 section three thousand twenty-a or section three  thousand  twenty-b  of
 this article: (i) Insubordination, immoral character or conduct unbecom-
 ing  a  teacher;  (ii)  Inefficiency,  incompetency, or neglect of duty;
 (iii)  Failure to maintain certification as required by this chapter and
 by the regulations of the commissioner. Each person who is not to be  so
 recommended for appointment on tenure shall be so notified in writing by
 the  district  superintendent  not  later  than  sixty  days immediately
 preceding the expiration of his or her probationary period.
   § 5. Paragraph (b) of subdivision 1 of section 3014 of  the  education
 law,  as  amended by chapter 345 of the laws of 2019, is amended to read
 as follows:
   (b) Administrative assistants, supervisors,  teachers  and  all  other
 members  of  the  teaching and supervising staff of the board of cooper-
 ative educational services appointed on or after July first,  two  thou-
 sand  fifteen,  shall  be  appointed  by a majority vote of the board of
 cooperative educational services upon the recommendation of the district
 superintendent of schools for a probationary period  of  not  to  exceed
 four  years;  provided,  however,  that in the case of a teacher who has
 been appointed on tenure in a school  district  within  the  state,  the
 board  of  cooperative educational services where currently employed, or
 another board of cooperative  educational  services,  and  who  was  not
 dismissed  from  such  district  or board as a result of charges brought
 pursuant to section three thousand twenty-a or  section  three  thousand
 twenty-b  of  this  article, the teacher shall be appointed for a proba-
 tionary period of three years; provided that, in the case of a classroom
 teacher, the teacher demonstrates that he or she  received  a  composite
 annual  professional performance review rating pursuant to section three
 thousand twelve-c or three thousand twelve-d of this article  of  either
 effective  or  highly  effective  in his or her final year of service in
 such other school district or board of cooperative educational services;
 and provided further that in the case  of  a  principal,  administrator,
 supervisor,  or  other  member  of  the  supervising  staff who has been
 appointed on tenure pursuant to this chapter as an administrator  within
 an  authorized  administrative  tenure  area  in another school district
 within the state, the school district where  currently  employed,  or  a
 board  of  cooperative  educational  services, and who was not dismissed
 from such district or board as a result of charges brought  pursuant  to
 subdivision  one  of  section  three  thousand twenty-a or section three
 thousand twenty-b of this article, the principal, administrator,  super-
 visor, or other member of the supervising staff shall be appointed for a
 probationary  period of three years.  PROVIDED FURTHER, HOWEVER, THAT IN
 THE CASE OF A CLASSROOM TEACHER WHO HAS BEEN APPOINTED FOR A  PROBATION-
 ARY  PERIOD  DURING  THE  TWO  THOUSAND  TWENTY--TWO THOUSAND TWENTY-ONE
 SCHOOL YEAR AND WHO HAS BEEN APPOINTED ON TENURE IN  A  SCHOOL  DISTRICT
 WITHIN THE STATE, STATE SCHOOL FOR THE BLIND OR DEAF, THE BOARD OF COOP-
 ERATIVE  EDUCATIONAL SERVICES WHERE CURRENTLY EMPLOYED, OR ANOTHER BOARD
 OF COOPERATIVE EDUCATIONAL SERVICES, AND WHO WAS NOT DISMISSED FROM SUCH
 DISTRICT, BOARD OR STATE SCHOOL FOR THE BLIND OR DEAF  AS  A  RESULT  OF
 CHARGES  BROUGHT  PURSUANT TO SECTION THREE THOUSAND TWENTY-A OR SECTION
 THREE THOUSAND TWENTY-B OF THIS ARTICLE, SUCH TEACHER SHALL BE APPOINTED
 FOR A PROBATIONARY PERIOD OF THREE YEARS; PROVIDED THAT, IN THE CASE  OF
 A  CLASSROOM  TEACHER, SUCH TEACHER DEMONSTRATES THAT HE OR SHE RECEIVED
 AN ANNUAL PROFESSIONAL PERFORMANCE REVIEW  RATING  PURSUANT  TO  SECTION
 THREE THOUSAND TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS ARTI-
 CLE IN THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN OR TWO THOUSAND
 EIGHTEEN--TWO  THOUSAND  NINETEEN  SCHOOL  YEAR  IN  SUCH  OTHER  SCHOOL

 A. 6750--B                          6
 
 DISTRICT, STATE SCHOOL FOR THE BLIND OR DEAF  OR  BOARD  OF  COOPERATIVE
 EDUCATIONAL  SERVICES.  Services  of  a  person so appointed to any such
 positions to which this paragraph applies may  be  discontinued  at  any
 time  during  the  probationary  period,  upon the recommendation of the
 district superintendent, by a majority vote of the board of  cooperative
 educational services.
   § 6. Subparagraph ii of paragraph (a) of subdivision 1 of section 2509
 of the education law, as amended by section 1 of subpart D of part EE of
 chapter 56 of the laws of 2015, is amended to read as follows:
   ii.  Notwithstanding  any  other provision of law or regulation to the
 contrary, teachers and all other members of the teaching staff appointed
 on or after July first, two thousand fifteen and authorized  by  section
 twenty-five  hundred  three  of  this article, shall be appointed by the
 board of education, upon the recommendation  of  the  superintendent  of
 schools,  for  a  probationary  period of four years, except that in the
 case of a teacher who has rendered satisfactory  service  as  a  regular
 substitute  for  a  period of two years and, if a classroom teacher, has
 received composite annual professional  performance  review  ratings  in
 each  of  those  years,  or  has  rendered  satisfactory  service  as  a
 seasonally licensed per session teacher of swimming in day  schools  who
 has  served  in  that  capacity  for  a period of two years and has been
 appointed to teach the same subject in day schools on an annual  salary,
 the  teacher  shall be appointed for a probationary period of two years;
 provided, however, that in the case of a teacher who has been  appointed
 on  tenure  in  another  school  district  within  the state, the school
 district where currently employed, or a board of cooperative educational
 services, and who was not dismissed from such district  or  board  as  a
 result  of  charges brought pursuant to subdivision one of section three
 thousand twenty-a or section three thousand twenty-b  of  this  chapter,
 the teacher shall be appointed for a probationary period of three years;
 provided that the teacher demonstrates that he or she received an annual
 professional  performance  review rating pursuant to section three thou-
 sand twelve-c or section three thousand twelve-d of this chapter in  his
 or  her  final year of service in such other school district or board of
 cooperative educational services. PROVIDED FURTHER, HOWEVER, THAT IN THE
 CASE OF A TEACHER WHO HAS  BEEN  APPOINTED  FOR  A  PROBATIONARY  PERIOD
 DURING  THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR AND
 WHO HAS BEEN APPOINTED ON TENURE IN ANOTHER SCHOOL DISTRICT  WITHIN  THE
 STATE,  THE  SCHOOL  DISTRICT WHERE CURRENTLY EMPLOYED, BOARD OF COOPER-
 ATIVE EDUCATIONAL SERVICES OR STATE SCHOOL FOR THE BLIND OR DEAF AND WHO
 WAS NOT DISMISSED FROM SUCH DISTRICT, BOARD  OR  STATE  SCHOOL  FOR  THE
 BLIND OR DEAF AS A RESULT OF CHARGES BROUGHT PURSUANT TO SUBDIVISION ONE
 OF SECTION THREE THOUSAND TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF
 THIS  CHAPTER, SUCH TEACHER SHALL BE APPOINTED FOR A PROBATIONARY PERIOD
 OF THREE YEARS; PROVIDED THAT, IN THE CASE OF A CLASSROOM TEACHER,  SUCH
 TEACHER  DEMONSTRATES  THAT  HE  OR  SHE RECEIVED AN ANNUAL PROFESSIONAL
 PERFORMANCE REVIEW RATING PURSUANT TO SECTION THREE THOUSAND TWELVE-C OR
 SECTION THREE THOUSAND TWELVE-D OF THIS  CHAPTER  IN  THE  TWO  THOUSAND
 SEVENTEEN--TWO  THOUSAND EIGHTEEN OR TWO THOUSAND EIGHTEEN--TWO THOUSAND
 NINETEEN SCHOOL YEAR IN SUCH OTHER SCHOOL DISTRICT, BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES OR STATE SCHOOL FOR THE BLIND OR DEAF. The  service
 of  a  person  appointed to any of such positions may be discontinued at
 any time during such probationary period, on the recommendation  of  the
 superintendent of schools, by a majority vote of the board of education.
 Each person who is not to be recommended for appointment on tenure shall
 be  so  notified  by  the superintendent of schools in writing not later

 A. 6750--B                          7
 
 than sixty days immediately preceding the expiration of  his/her  proba-
 tionary period.
   §  7.  Paragraph  b  of subdivision 2 of section 2509 of the education
 law, as added by section 2 of subpart D of part EE of chapter 56 of  the
 laws of 2015, is amended to read as follows:
   b. For persons appointed on or after July first, two thousand fifteen,
 at  the expiration of the probationary term of any persons appointed for
 such term, or within six months prior  thereto,  the  superintendent  of
 schools shall make a written report to the board of education recommend-
 ing  for  appointment on tenure those persons who have been found compe-
 tent, efficient and satisfactory and in the case of a classroom  teacher
 or building principal, who have received annual professional performance
 review  ratings  pursuant  to section three thousand twelve-c or section
 three thousand twelve-d of this chapter, of either effective  or  highly
 effective  in  at  least three of the four preceding years, exclusive of
 any breaks in service; PROVIDED THAT, IN THE CASE OF A CLASSROOM TEACHER
 OR BUILDING PRINCIPAL APPOINTED DURING THE TWO  THOUSAND  SEVENTEEN--TWO
 THOUSAND  EIGHTEEN, TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN OR  TWO
 THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR,  WHO  HAVE  RECEIVED
 COMPOSITE  ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEW RATINGS PURSUANT TO
 SECTION THREE THOUSAND TWELVE-C OR SECTION THREE  THOUSAND  TWELVE-D  OF
 THIS CHAPTER, OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST ONE OF
 THE  FOUR  PRECEDING  YEARS, EXCLUSIVE OF ANY BREAKS IN SERVICE, AND DID
 NOT RECEIVE AN INEFFECTIVE RATING IN THE FINAL YEAR OF HIS OR HER PROBA-
 TIONARY PERIOD, OR DURING THE MOST RECENT SCHOOL YEAR WHERE A RATING WAS
 RECEIVED; PROVIDED THAT, IN THE CASE OF A CLASSROOM TEACHER OR  BUILDING
 PRINCIPAL  APPOINTED  DURING THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
 TY-ONE SCHOOL YEAR  WHO  HAVE  RECEIVED  COMPOSITE  ANNUAL  PROFESSIONAL
 PERFORMANCE  REVIEW  RATINGS PURSUANT TO SECTION THREE THOUSAND TWELVE-C
 OR SECTION THREE THOUSAND TWELVE-D OF THIS CHAPTER OF  EITHER  EFFECTIVE
 OR  HIGHLY EFFECTIVE IN AT LEAST TWO OF THE FOUR PRECEDING YEARS, EXCLU-
 SIVE OF ANY BREAKS IN SERVICE,   AND  DID  NOT  RECEIVE  AN  INEFFECTIVE
 RATING  IN  THE  FINAL YEAR OF HIS OR HER PROBATIONARY PERIOD, OR DURING
 THE MOST RECENT SCHOOL  YEAR  WHERE  A  RATING  WAS  RECEIVED;  provided
 FURTHER that, notwithstanding any other provision of this section to the
 contrary,  when  a  teacher or principal receives an effective or highly
 effective rating in each year of his or her probationary service  except
 he or she receives an ineffective rating in the final year of his or her
 probationary period, such teacher or principal shall not be eligible for
 tenure  but  the  board  of  education in its discretion, may extend the
 teacher's probationary period for an additional year; provided, however,
 that if such teacher or principal successfully appealed such ineffective
 rating, such teacher or principal  shall  immediately  be  eligible  for
 tenure  if  the  rating  resulting from the appeal established that such
 individual has been effective or highly effective in at least  three  of
 the preceding four years and was not ineffective in the final year. By a
 majority  vote, the board of education may then appoint on tenure any or
 all of the persons recommended by the superintendent of schools. At  the
 expiration of the probationary period, the classroom teacher or building
 principal  shall  remain  in  probationary  status  until the end of the
 school year in which such teacher or principal has received such ratings
 of effective or highly effective for at least three of the four  preced-
 ing  school  years exclusive of any breaks in service and subject to the
 terms hereof, during which time a  board  of  education  shall  consider
 whether to grant tenure for those classroom teachers or building princi-
 pals  who  otherwise  have been found competent, efficient and satisfac-

 A. 6750--B                          8
 
 tory. Provided, however, that the board of education  may  grant  tenure
 contingent upon a classroom teacher's or building principal's receipt of
 a  minimum rating in the final year of the probationary period, pursuant
 to  the requirements of this section, and if such contingency is not met
 after all appeals have been exhausted, the grant of tenure shall be void
 and unenforceable and the teacher's or principal's  probationary  period
 may  be  extended  in accordance with this subdivision. Such persons who
 have been recommended for tenure and all others employed in the teaching
 service of the schools of such school district who have served the  full
 probationary  period as extended pursuant to this subdivision shall hold
 their respective positions during good behavior and efficient and compe-
 tent service, and shall not be removable except for cause after a  hear-
 ing  as  provided  by  section  three thousand twenty-a or section three
 thousand twenty-b of this chapter. Failure to maintain certification  as
 required  by  this chapter and the regulations of the commissioner shall
 constitute cause for removal.
   § 8. Subparagraph ii of paragraph (a) of subdivision 1 of section 2573
 of the education law, as amended by section 3 of subpart D of part EE of
 chapter 56 of the laws of 2015, is amended to read as follows:
   ii. Teachers and all other members of the teaching staff appointed  on
 or  after  July  first,  two  thousand fifteen and authorized by section
 twenty-five hundred fifty-four of this article, shall  be  appointed  by
 the board of education, upon the recommendation of the superintendent of
 schools,  for  a  probationary  period of four years, except that in the
 case of a teacher who has rendered satisfactory  service  as  a  regular
 substitute  for  a  period of two years and, if a classroom teacher, has
 received annual professional performance review ratings in each of those
 years, or has rendered satisfactory service as a seasonally licensed per
 session teacher of swimming in day schools who has served in that capac-
 ity for a period of two years and has been appointed to teach  the  same
 subject  in  day  schools  on  an  annual  salary,  the teacher shall be
 appointed for a probationary period of  two  years;  provided,  however,
 that in the case of a teacher who has been appointed on tenure in anoth-
 er school district within the state, the school district where currently
 employed,  or  a  board of cooperative educational services, and who was
 not dismissed from such district or board as a result of charges brought
 pursuant to subdivision  one  of  section  three  thousand  twenty-a  or
 section  three  thousand  twenty-b of this chapter, the teacher shall be
 appointed for a probationary period of three years;  provided  that,  in
 the case of a classroom teacher, the teacher demonstrates that he or she
 received  an  annual  professional performance review rating pursuant to
 section three thousand twelve-c or section three  thousand  twelve-d  of
 this  chapter  in  his or her final year of service in such other school
 district or board of cooperative educational services; PROVIDED,  HOWEV-
 ER,  THAT, IN THE CASE OF A CLASSROOM TEACHER WHO HAS BEEN APPOINTED FOR
 A PROBATIONARY PERIOD DURING THE TWO THOUSAND TWENTY--TWO THOUSAND TWEN-
 TY-ONE SCHOOL YEAR AND WHO HAS  BEEN  APPOINTED  ON  TENURE  IN  ANOTHER
 SCHOOL  DISTRICT  WITHIN  THE STATE, THE SCHOOL DISTRICT WHERE CURRENTLY
 EMPLOYED, BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR STATE SCHOOL  FOR
 THE  BLIND  OR DEAF, AND WHO WAS NOT DISMISSED FROM SUCH DISTRICT, BOARD
 OR STATE SCHOOL FOR THE BLIND OR DEAF AS A  RESULT  OF  CHARGES  BROUGHT
 PURSUANT  TO  SECTION  THREE THOUSAND TWENTY-A OR SECTION THREE THOUSAND
 TWENTY-B OF THIS CHAPTER, SUCH TEACHER SHALL BE APPOINTED FOR  A  PROBA-
 TIONARY PERIOD OF THREE YEARS; PROVIDED THAT, IN THE CASE OF A CLASSROOM
 TEACHER,  SUCH  TEACHER  DEMONSTRATES  THAT HE OR SHE RECEIVED AN ANNUAL
 PROFESSIONAL PERFORMANCE REVIEW RATING PURSUANT TO SECTION  THREE  THOU-

 A. 6750--B                          9
 
 SAND  TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS CHAPTER IN THE
 TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN OR TWO THOUSAND  EIGHTEEN-
 -TWO  THOUSAND NINETEEN SCHOOL YEAR IN SUCH OTHER SCHOOL DISTRICT, BOARD
 OF  COOPERATIVE  EDUCATIONAL  SERVICES  OR STATE SCHOOL FOR THE BLIND OR
 DEAF; provided FURTHER, however, that in cities with a population of one
 million or more, a teacher appointed under a newly created license,  for
 teachers  of  reading  and of the emotionally handicapped, to a position
 which the teacher has held for at least two years prior to such appoint-
 ment while serving on  tenure  in  another  license  area  who  was  not
 dismissed  as a result of charges brought pursuant to subdivision one of
 section three thousand twenty-a or section three  thousand  twenty-b  of
 this  chapter,  the teacher shall be appointed for a probationary period
 of two years. The service of a person appointed to any of such positions
 may be discontinued at any time during such probationary period, on  the
 recommendation  of  the superintendent of schools, by a majority vote of
 the board of education.  Each person who is not to  be  recommended  for
 appointment  on  tenure  shall  be  so notified by the superintendent of
 schools in writing not later than sixty days immediately  preceding  the
 expiration  of  his  or  her  probationary  period.  In  all city school
 districts subject to the provisions of this article, failure to maintain
 certification as required by this article and by the regulations of  the
 commissioner  shall  be cause for removal within the meaning of subdivi-
 sion five of this section.
   § 9.  Paragraph (b) of subdivision 5 of section 2573 of the  education
 law,  as added by section 3 of subpart D of part EE of chapter 56 of the
 laws of 2015, is amended to read as follows:
   (b) At  the  expiration  of  the  probationary  term  of  any  persons
 appointed  for  such  term on or after July first, two thousand fifteen,
 the superintendent of schools shall make a written report to  the  board
 of  education  recommending  for permanent appointment those persons who
 have been found competent, efficient and satisfactory and, in  the  case
 of  a classroom teacher or building principal, who have received compos-
 ite annual professional performance review ratings pursuant  to  section
 three thousand twelve-c or section three thousand twelve-d of this chap-
 ter,  of  either  effective or highly effective in at least three of the
 four preceding years, exclusive of any breaks in service; PROVIDED THAT,
 IN THE CASE OF A  CLASSROOM  TEACHER  OR  BUILDING  PRINCIPAL  APPOINTED
 DURING  THE  TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN, TWO THOUSAND
 EIGHTEEN--TWO THOUSAND NINETEEN OR TWO THOUSAND  NINETEEN--TWO  THOUSAND
 TWENTY  SCHOOL  YEAR,  WHO  HAVE  RECEIVED COMPOSITE ANNUAL PROFESSIONAL
 PERFORMANCE REVIEW RATINGS PURSUANT TO SECTION THREE  THOUSAND  TWELVE-C
 OR  SECTION  THREE THOUSAND TWELVE-D OF THIS CHAPTER OF EITHER EFFECTIVE
 OR HIGHLY EFFECTIVE IN AT LEAST ONE OF THE FOUR PRECEDING YEARS,  EXCLU-
 SIVE OF ANY BREAKS IN SERVICE, AND DID NOT RECEIVE AN INEFFECTIVE RATING
 IN  THE  FINAL YEAR OF HIS OR HER PROBATIONARY PERIOD OR DURING THE MOST
 RECENT SCHOOL YEAR WHERE A RATING WAS RECEIVED; PROVIDED  THAT,  IN  THE
 CASE  OF  A CLASSROOM TEACHER OR BUILDING PRINCIPAL APPOINTED DURING THE
 TWO THOUSAND  TWENTY--TWO  THOUSAND  TWENTY-ONE  SCHOOL  YEAR  WHO  HAVE
 RECEIVED COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSU-
 ANT  TO  SECTION  THREE  THOUSAND  TWELVE-C  OR  SECTION  THREE THOUSAND
 TWELVE-D OF THIS CHAPTER OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE  IN  AT
 LEAST  TWO  OF  THE  FOUR  PRECEDING  YEARS,  EXCLUSIVE OF ANY BREAKS IN
 SERVICE, AND DID NOT RECEIVE AN INEFFECTIVE RATING IN THE FINAL YEAR  OF
 HIS  OR  HER  PROBATIONARY  PERIOD OR DURING THE MOST RECENT SCHOOL YEAR
 WHERE A RATING WAS RECEIVED; provided FURTHER that, notwithstanding  any
 other provision of this section to the contrary, when a teacher or prin-

 A. 6750--B                         10
 
 cipal  receives an effective and/or highly effective rating in each year
 of his or her probationary service except he or she receives an ineffec-
 tive rating in the final year of his or her  probationary  period,  such
 teacher  or  principal shall not be eligible for tenure but the board of
 education in its discretion, may extend the teacher's probationary peri-
 od for an additional year; provided, however, that if  such  teacher  or
 principal successfully appealed such ineffective rating, such teacher or
 principal shall immediately be eligible for tenure if the rating result-
 ing  from the appeal established that such individual has been effective
 or highly effective in at least three of the preceding  four  years.  At
 the  expiration  of  the  probationary  period, the classroom teacher or
 building principal shall remain in probationary status until the end  of
 the  school  year  in  which such teacher or principal has received such
 ratings of effective or highly effective for at least three of the  four
 preceding  school  years, exclusive of any breaks in service and subject
 to the terms hereof, during  which  time  a  board  of  education  shall
 consider  whether to grant tenure for those classroom teachers or build-
 ing principals who otherwise have been found  competent,  efficient  and
 satisfactory.  Provided,  however, that the board of education may grant
 tenure contingent upon a classroom  teacher's  or  building  principal's
 receipt  of a minimum rating in the final year of the probationary peri-
 od, pursuant to the requirements of this section, and if such contingen-
 cy is not met after all appeals have been exhausted, the grant of tenure
 shall be void and unenforceable and the teacher's or principal's  proba-
 tionary period may be extended in accordance with this subdivision. Such
 persons  who have been recommended for tenure and all others employed in
 the teaching service of the schools of such  school  district  who  have
 served  the full probationary period as extended pursuant to this subdi-
 vision shall hold their respective positions during  good  behavior  and
 efficient  and  competent service, and shall not be removable except for
 cause after a hearing as provided by section three thousand twenty-a  or
 section  three  thousand  twenty-b  of this chapter. Failure to maintain
 certification as required by this chapter and  the  regulations  of  the
 commissioner shall constitute cause for removal.
   §  10. Paragraph (b) of subdivision 6 of section 2573 of the education
 law, as added by section 3 of subpart D of part EE of chapter 56 of  the
 laws of 2015, is amended to read as follows:
   (b)  At  the  expiration  of  the  probationary  term  of  any persons
 appointed for such term on or after July first,  two  thousand  fifteen,
 the  superintendent  of schools shall make a written report to the board
 of education recommending for permanent appointment  those  persons  who
 have  been  found competent, efficient and satisfactory and, in the case
 of a classroom teacher or building principal, who have received  compos-
 ite  annual  professional performance review ratings pursuant to section
 three thousand twelve-c or section three thousand twelve-d of this chap-
 ter, of either effective or highly effective in at least  three  of  the
 four preceding years, exclusive of any breaks in service; PROVIDED THAT,
 IN  THE  CASE  OF  A  CLASSROOM  TEACHER OR BUILDING PRINCIPAL APPOINTED
 DURING THE TWO THOUSAND SEVENTEEN--TWO THOUSAND EIGHTEEN,  TWO  THOUSAND
 EIGHTEEN--TWO  THOUSAND  NINETEEN OR TWO THOUSAND NINETEEN--TWO THOUSAND
 TWENTY SCHOOL YEAR, WHO  HAVE  RECEIVED  COMPOSITE  ANNUAL  PROFESSIONAL
 PERFORMANCE  REVIEW  RATINGS PURSUANT TO SECTION THREE THOUSAND TWELVE-C
 OR SECTION THREE THOUSAND TWELVE-D OF THIS CHAPTER OF  EITHER  EFFECTIVE
 OR  HIGHLY EFFECTIVE IN AT LEAST ONE OF THE FOUR PRECEDING YEARS, EXCLU-
 SIVE OF ANY BREAKS IN SERVICE, AND DID NOT RECEIVE AN INEFFECTIVE RATING
 IN THE FINAL YEAR OF HIS OR HER PROBATIONARY PERIOD OR DURING  THE  MOST

 A. 6750--B                         11
 
 RECENT  SCHOOL  YEAR  WHERE A RATING WAS RECEIVED; PROVIDED THAT, IN THE
 CASE OF  A CLASSROOM TEACHER OR BUILDING PRINCIPAL APPOINTED DURING  THE
 TWO  THOUSAND  TWENTY--TWO  THOUSAND  TWENTY-ONE  SCHOOL  YEAR  WHO HAVE
 RECEIVED COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSU-
 ANT  TO  SECTION  THREE  THOUSAND  TWELVE-C  OR  SECTION  THREE THOUSAND
 TWELVE-D OF THIS CHAPTER OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE  IN  AT
 LEAST  TWO  OF  THE  FOUR  PRECEDING  YEARS,  EXCLUSIVE OF ANY BREAKS IN
 SERVICE, AND DID NOT RECEIVE AN INEFFECTIVE RATING IN THE FINAL YEAR  OF
 HIS  OR  HER  PROBATIONARY  PERIOD OR DURING THE MOST RECENT SCHOOL YEAR
 WHERE A RATING WAS RECEIVED; provided FURTHER that, notwithstanding  any
 other provision of this section to the contrary, when a teacher receives
 an  effective  and/or highly effective rating in each year of his or her
 probationary service except he or she receives an ineffective rating  in
 the  final year of his or her probationary period, such teacher or prin-
 cipal shall not be eligible for tenure but the board of education in its
 discretion, may extend the teacher's probationary period  for  an  addi-
 tional  year;  provided,  however,  that  if  such  teacher or principal
 successfully appealed such ineffective rating, such teacher or principal
 shall immediately be eligible for tenure if the  rating  resulting  from
 the appeal established that such individual has been effective or highly
 effective  in  at  least  three  of the preceding four years and was not
 ineffective in the final year. At the  expiration  of  the  probationary
 period,  the  classroom  teacher  or  building principal shall remain in
 probationary status until the end of  the  school  year  in  which  such
 teacher  or  principal  has received such ratings of effective or highly
 effective for at least three of the four preceding school years,  exclu-
 sive  of  any  breaks in service and subject to the terms hereof, during
 which time a board of education shall consider whether to  grant  tenure
 for  those  classroom teachers or building principals who otherwise have
 been found competent, efficient  and  satisfactory.  Provided,  however,
 that the board of education may grant tenure contingent upon a classroom
 teacher's  or  building  principal's  receipt of a minimum rating in the
 final year of the probationary period, pursuant to the  requirements  of
 this  section, and if such contingency is not met after all appeals have
 been exhausted, the grant of tenure shall be void and unenforceable  and
 the  teacher's  or  principal's  probationary  period may be extended in
 accordance with this subdivision. Such persons who have been recommended
 for tenure and all others  employed  in  the  teaching  service  of  the
 schools  of  such  school district who have served the full probationary
 period as extended pursuant to this subdivision shall hold their respec-
 tive positions during good behavior and efficient and competent service,
 and shall not be removable except for cause after a hearing as  provided
 by section three thousand twenty-a or section three thousand twenty-b of
 this  chapter.  Failure  to  maintain  certification as required by this
 chapter and the regulations of the commissioner shall  constitute  cause
 for removal.
   § 11. This act shall take effect immediately.