LBD09855-19-1
A. 8020 2
THE SUPERINTENDENT OF SCHOOLS' DISCRETION QUALIFIED FOR APPOINTMENT ON
TENURE BASED UPON PERFORMANCE, NOTWITHSTANDING THAT HIS OR HER ANNUAL
PROFESSIONAL PERFORMANCE REVIEW HAD NOT BEEN COMPLETED AND HE OR SHE HAD
NOT RECEIVED AN ANNUAL PROFESSIONAL PERFORMANCE RATING FOR THE TWO THOU-
SAND NINETEEN--TWO THOUSAND TWENTY AND TWO THOUSAND TWENTY--TWO THOUSAND
TWENTY-ONE SCHOOL YEARS; 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 pursuant to section three thou-
sand twelve-c or section three thousand twelve-d of this article of
either effective or highly effective in at least two of the four preced-
ing 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, AND
WOULD HAVE BEEN IN THE SUPERINTENDENT OF SCHOOLS' DISCRETION QUALIFIED
FOR APPOINTMENT ON TENURE BASED UPON PERFORMANCE, NOTWITHSTANDING THAT
HIS OR HER ANNUAL PROFESSIONAL PERFORMANCE REVIEW HAD NOT BEEN COMPLETED
AND HE OR SHE HAD NOT RECEIVED AN ANNUAL PROFESSIONAL PERFORMANCE RATING
FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR;
provided further that, notwithstanding any other provision of this
section to the contrary, when a teacher or principal receives an effec-
tive 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 eligi-
ble 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. At the expiration of the probationary period, the classroom teach-
er 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 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 teach-
er'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 accord-
ance 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 posi-
tions 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.
A. 8020 3
§ 2. Subdivision 17 of section 3012-d of the education law, as added
by a chapter of the laws of 2021 amending the education law relating to
the granting of tenure, as proposed in legislative bills numbers
S.5576-C and A.6750-B, is amended 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 BE REQUIRED TO
complete an annual teacher and principal evaluation required by this
section for any classroom teacher or building principal and state fund-
ing shall not be withheld from any school district for not complying
with the requirements of this section.
§ 3. Paragraph (b) of subdivision 2 of section 3014 of the education
law, as amended by a chapter of the laws of 2021 amending the education
law relating to the granting of tenure, as proposed in legislative bills
numbers S.5576-C and A.6750-B, 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
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, AND WOULD HAVE BEEN IN THE DISTRICT SUPERINTENDENT OF SCHOOLS'
DISCRETION QUALIFIED FOR APPOINTMENT ON TENURE BASED UPON PERFORMANCE,
NOTWITHSTANDING THAT HIS OR HER ANNUAL PROFESSIONAL PERFORMANCE REVIEW
HAD NOT BEEN COMPLETED AND HE OR SHE HAD NOT RECEIVED AN ANNUAL PROFES-
SIONAL PERFORMANCE RATING FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND
TWENTY AND TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEARS;
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 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 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, AND WOULD HAVE BEEN IN THE
DISTRICT SUPERINTENDENT OF SCHOOLS' DISCRETION QUALIFIED FOR APPOINTMENT
ON TENURE BASED UPON PERFORMANCE, NOTWITHSTANDING THAT HIS OR HER ANNUAL
PROFESSIONAL PERFORMANCE REVIEW HAD NOT BEEN COMPLETED AND HE OR SHE HAD
NOT RECEIVED AN ANNUAL PROFESSIONAL PERFORMANCE RATING FOR THE TWO THOU-
SAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR; provided further that,
notwithstanding any other provision of this section to the contrary,
A. 8020 4
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 proba-
tionary period, such teacher shall not be eligible for tenure but the
board of education in its discretion, may extend the teacher's proba-
tionary 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. 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, 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 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 shall
hold their respective positions during good behavior and competent and
efficient service and shall not be removed except for any of the follow-
ing causes, after a hearing, as provided by section three thousand twen-
ty-a or section three thousand twenty-b of this article: (i) Insubordi-
nation, immoral character or conduct unbecoming a teacher; (ii)
Inefficiency, incompetency, or neglect of duty; (iii) Failure to main-
tain 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 expi-
ration of his or her probationary period.
§ 4. Paragraph (b) of subdivision 1 of section 3014 of the education
law, as amended by a chapter of the laws of 2021 amending the education
law relating to the granting of tenure, as proposed in legislative bills
numbers S.5576-C and A.6750-B, 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
A. 8020 5
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 OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE in the two thousand seven-
teen--two thousand eighteen or two thousand eighteen--two thousand nine-
teen school year in such other school 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.
§ 5. Paragraph b of subdivision 2 of section 2509 of the education
law, as amended by a chapter of the laws of 2021 amending the education
law relating to the granting of tenure, as proposed in legislative bills
numbers S.5576-C and A.6750-B, 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
A. 8020 6
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, AND WOULD HAVE BEEN IN THE SUPERINTENDENT OF SCHOOLS'
DISCRETION QUALIFIED FOR APPOINTMENT ON TENURE BASED UPON PERFORMANCE,
NOTWITHSTANDING THAT HIS OR HER ANNUAL PROFESSIONAL PERFORMANCE REVIEW
HAD NOT BEEN COMPLETED AND HE OR SHE HAD NOT RECEIVED AN ANNUAL PROFES-
SIONAL PERFORMANCE RATING FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND
TWENTY AND TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEARS;
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 pursuant to section three thousand twelve-c or section three
thousand twelve-d of this chapter of either effective or highly effec-
tive 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, AND WOULD HAVE BEEN IN THE
SUPERINTENDENT OF SCHOOLS' DISCRETION QUALIFIED FOR APPOINTMENT ON
TENURE BASED UPON PERFORMANCE, NOTWITHSTANDING THAT HIS OR HER ANNUAL
PROFESSIONAL PERFORMANCE REVIEW HAD NOT BEEN COMPLETED AND HE OR SHE HAD
NOT RECEIVED AN ANNUAL PROFESSIONAL PERFORMANCE RATING FOR THE TWO THOU-
SAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR; 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 proba-
tionary 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-
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
A. 8020 7
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.
§ 6. Paragraph (b) of subdivision 5 of section 2573 of the education
law, as amended by a chapter of the laws of 2021 amending the education
law relating to the granting of tenure, as proposed in legislative bills
numbers S.5576-C and A.6750-B, 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, AND WOULD HAVE BEEN IN
THE SUPERINTENDENT OF SCHOOLS' DISCRETION QUALIFIED FOR APPOINTMENT ON
TENURE BASED UPON PERFORMANCE, NOTWITHSTANDING THAT HIS OR HER ANNUAL
PROFESSIONAL PERFORMANCE REVIEW HAD NOT BEEN COMPLETED AND HE OR SHE HAD
NOT RECEIVED AN ANNUAL PROFESSIONAL PERFORMANCE RATING FOR THE TWO THOU-
SAND NINETEEN--TWO THOUSAND TWENTY AND TWO THOUSAND TWENTY--TWO THOUSAND
TWENTY-ONE SCHOOL YEARS; 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 pursuant to section three thou-
sand twelve-c or section three thousand twelve-d of this chapter of
either effective or highly effective in at least two of the four preced-
ing 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, AND
WOULD HAVE BEEN IN THE SUPERINTENDENT OF SCHOOLS' DISCRETION QUALIFIED
FOR APPOINTMENT ON TENURE BASED UPON PERFORMANCE, NOTWITHSTANDING THAT
HIS OR HER ANNUAL PROFESSIONAL PERFORMANCE REVIEW HAD NOT BEEN COMPLETED
AND HE OR SHE HAD NOT RECEIVED AN ANNUAL PROFESSIONAL PERFORMANCE RATING
FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR;
provided further that, notwithstanding any other provision of this
section to the contrary, when a teacher or principal receives an effec-
tive and/or highly effective rating in each year of his or her proba-
tionary 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 addi-
A. 8020 8
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. 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 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-
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.
§ 7. Paragraph (b) of subdivision 6 of section 2573 of the education
law, as amended by a chapter of the laws of 2021 amending the education
law relating to the granting of tenure, as proposed in legislative bills
numbers S.5576-C and A.6750-B, 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, AND WOULD HAVE BEEN IN
THE SUPERINTENDENT OF SCHOOLS' DISCRETION QUALIFIED FOR APPOINTMENT ON
TENURE BASED UPON PERFORMANCE, NOTWITHSTANDING THAT HIS OR HER ANNUAL
PROFESSIONAL PERFORMANCE REVIEW HAD NOT BEEN COMPLETED AND HE OR SHE HAD
A. 8020 9
NOT RECEIVED AN ANNUAL PROFESSIONAL PERFORMANCE RATING FOR THE TWO THOU-
SAND NINETEEN--TWO THOUSAND TWENTY AND TWO THOUSAND TWENTY--TWO THOUSAND
TWENTY-ONE SCHOOL YEARS; 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 pursuant to section three thou-
sand twelve-c or section three thousand twelve-d of this chapter of
either effective or highly effective in at least two of the four preced-
ing 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, AND
WOULD HAVE BEEN IN THE SUPERINTENDENT OF SCHOOLS' DISCRETION QUALIFIED
FOR APPOINTMENT ON TENURE BASED UPON PERFORMANCE, NOTWITHSTANDING THAT
HIS OR HER ANNUAL PROFESSIONAL PERFORMANCE REVIEW HAD NOT BEEN COMPLETED
AND HE OR SHE HAD NOT RECEIVED AN ANNUAL PROFESSIONAL PERFORMANCE RATING
FOR THE TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR;
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 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 imme-
diately 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 class-
room 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 building principals who otherwise have been found competent,
efficient and satisfactory. Provided, however, that the board of educa-
tion may grant tenure contingent upon a classroom teacher's or building
principal's receipt of a minimum rating in the final year of the proba-
tionary 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 pursu-
ant to this subdivision 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.
§ 8. This act shall take effect on the same date and in the same
manner as a chapter of the laws of 2021 amending the education law
relating to the granting of tenure, as proposed in legislative bills
numbers S.5576-C and A.6750-B, takes effect.