Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
May 13, 2022 |
signed chap.201 delivered to governor |
May 03, 2022 |
returned to senate passed assembly ordered to third reading cal.572 substituted for a9600 |
May 03, 2022 |
substituted by s8276a |
Apr 28, 2022 |
advanced to third reading cal.572 |
Apr 27, 2022 |
reported |
Mar 24, 2022 |
referred to education |
Assembly Bill A9600
Signed By Governor2021-2022 Legislative Session
Relates to annual professional performance reviews and tenure
download bill text pdfSponsored By
BENEDETTO
Archive: Last Bill Status Via S8276 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Mar 31, 2022
aye (63)- Addabbo Jr.
- Akshar
- Bailey
- Biaggi
- Borrello
- Boyle
- Breslin
- Brisport
- Brooks
- Brouk
- Cleare
- Comrie
- Cooney
- Felder
- Gallivan
- Gaughran
- Gianaris
- Gounardes
- Griffo
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Jordan
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martucci
- Mattera
- May
- Mayer
- Myrie
- O'Mara
- Oberacker
- Ortt
- Palumbo
- Parker
- Persaud
- Ramos
- Rath III
- Reichlin-Melnick
- Ritchie
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serino
- Serrano
- Skoufis
- Stavisky
- Stec
- Stewart-Cousins
- Tedisco
- Thomas
- Weik
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co-Sponsors
Angelo Santabarbara
Judy Griffin
Inez E. Dickens
John T. McDonald III
William Conrad
Steven Otis
Billy Jones
Nader Sayegh
Monica P. Wallace
Steve Stern
Gina Sillitti
Marianne Buttenschon
Aileen Gunther
Rebecca Seawright
William Colton
Donna Lupardo
2021-A9600 (ACTIVE) - Details
- See Senate Version of this Bill:
- S8276
- Law Section:
- Education Law
- Laws Affected:
- Amd §§3012, 3012-d, 3014, 2509 & 2573, Ed L
2021-A9600 (ACTIVE) - Summary
Relates to annual professional performance reviews and tenure; makes an exception for individuals who did not receive an annual performance review rating during the 2019-2020, 2020-2021 and the 2021-2022 school years; allows for them to receive tenure if the individual would have been qualified if they had received such performance review.
2021-A9600 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9600 I N A S S E M B L Y March 24, 2022 ___________ Introduced by M. of A. BENEDETTO -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to annual professional performance reviews and 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 chapter 112 of the laws of 2021, 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 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD14633-04-2 A. 9600 2 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, THE TWO THOU- SAND TWENTY ONE--TWO THOUSAND TWENTY-TWO OR THE TWO THOUSAND TWENTY-TWO- -TWO THOUSAND TWENTY-THREE 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 subdivision one of section three thousand twenty-a or section three thousand twenty-b of this article, such teach- er 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 proba- tionary 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 amended by chapter 147 of the laws of 2021, 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] OR 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 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 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 nine- teen--two thousand twenty [and], two thousand twenty--two thousand twen- ty-one OR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO school [years] YEAR; provided that, IN THE CASE OF A CLASSROOM TEACHER OR A. 9600 3 BUILDING PRINCIPAL APPOINTED DURING THE TWO THOUSAND EIGHTEEN--TWO THOU- SAND NINETEEN OR TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR, WHO HAS NOT RECEIVED COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSUANT TO SECTION THREE THOUSAND TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS ARTICLE FOR THREE CONSECUTIVE YEARS, NO RATINGS SHALL BE REQUIRED FOR THE SUPERINTENDENT OF SCHOOLS TO RECOMMEND FOR APPOINTMENT ON TENURE SUCH TEACHER OR BUILDING PRINCIPAL IF THE TEACHER OR PRINCIPAL 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 REVIEW RATING FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY, TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEARS; PROVIDED THAT in the case of a classroom teacher or building principal appointed during the two thousand [twenty] TWENTY-ONE--two thousand [twenty-one] TWENTY-TWO 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, 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 OR TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO 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 ineffec- tive 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 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 A. 9600 4 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. Subdivision 17 of section 3012-d of the education law, as amended by chapter 147 of the laws of 2021, 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] AND THE TWO THOU- SAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEARS, 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. § 4. Paragraph (b) of subdivision 1 of section 3014 of the education law, as amended by chapter 147 of the laws of 2021, 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, THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO OR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE school year and who has been A. 9600 5 appointed on tenure in a school district within the state, state school for the blind or deaf, the board of cooperative 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 article of either effective or highly effective in the two thousand seventeen--two thousand eighteen or two thousand eighteen--two thousand nineteen school year in such other school district, state school for the blind or deaf or board of cooper- ative 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 3014 of the education law, as amended by chapter 147 of the laws of 2021, 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] OR 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 one 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 in the most recent school year where a rating was received, and would have been in the district superintendent of schools' discretion quali- fied 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 perform- ance rating for the two thousand nineteen--two thousand twenty [and], two thousand twenty--two thousand twenty-one OR THE TWO THOUSAND TWEN- TY-ONE--TWO THOUSAND TWENTY-TWO school [years] YEAR; provided that, IN THE CASE OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL APPOINTED DURING THE TWO THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN OR TWO THOUSAND NINE- TEEN--TWO THOUSAND TWENTY SCHOOL YEAR, WHO HAS NOT RECEIVED COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSUANT TO SECTION THREE THOUSAND TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS ARTICLE FOR THREE CONSECUTIVE YEARS, NO RATINGS SHALL BE REQUIRED FOR THE DISTRICT A. 9600 6 SUPERINTENDENT OF SCHOOLS TO RECOMMEND FOR APPOINTMENT ON TENURE SUCH TEACHER OR BUILDING PRINCIPAL IF THE TEACHER OR PRINCIPAL 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 REVIEW RATING FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY, TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND TWO THOUSAND TWENTY-ONE--TWO THOU- SAND TWENTY-TWO SCHOOL YEARS; PROVIDED THAT in the case of a classroom teacher or building principal appointed during the two thousand [twenty] TWENTY-ONE--two thousand [twenty-one] TWENTY-TWO 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 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, and would have been in the district super- intendent of schools' discretion qualified for appointment on tenure based upon performance, notwithstanding that his or her annual profes- sional 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 OR TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO 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 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 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, 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 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 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 section three thousand twenty-a or section three thousand twenty-b of this article: (i) Insubordination, immoral charac- ter or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or A. 9600 7 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 noti- fied in writing by the district superintendent not later than sixty days immediately preceding the expiration of his or her probationary period. § 6. Subparagraph ii of paragraph (a) of subdivision 1 of section 2509 of the education law, as amended by chapter 112 of the laws of 2021, 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, THE TWO THOU- SAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO OR THE TWO THOUSAND TWENTY-TWO- -TWO THOUSAND TWENTY-THREE 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 subdivision one of section three thousand twenty-a or section three thousand twenty-b of this chapter, such teach- er 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 proba- tionary 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 A. 9600 8 superintendent of schools in writing not later than sixty days imme- diately preceding the expiration of his/her probationary period. § 7. Paragraph b of subdivision 2 of section 2509 of the education law, as amended by chapter 147 of the laws of 2021, 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] OR 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 one 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 nineteen--two thousand twenty [and], two thousand twenty--two thousand twenty-one OR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO school [years] YEAR; provided that, IN THE CASE OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL APPOINTED DURING THE TWO THOU- SAND EIGHTEEN--TWO THOUSAND NINETEEN OR TWO THOUSAND NINETEEN--TWO THOU- SAND TWENTY SCHOOL YEAR, WHO HAS NOT RECEIVED COMPOSITE ANNUAL PROFES- SIONAL PERFORMANCE REVIEW RATINGS PURSUANT TO SECTION THREE THOUSAND TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS CHAPTER, FOR THREE CONSECUTIVE YEARS, NO RATINGS SHALL BE REQUIRED FOR THE SUPERINTENDENT OF SCHOOLS TO RECOMMEND FOR APPOINTMENT ON TENURE SUCH TEACHER OR BUILD- ING PRINCIPAL IF THE TEACHER OR PRINCIPAL WOULD HAVE BEEN, IN THE SUPER- INTENDENT OF SCHOOLS' DISCRETION, QUALIFIED FOR APPOINTMENT ON TENURE BASED UPON PERFORMANCE, NOTWITHSTANDING THAT HIS OR HER ANNUAL PROFES- SIONAL PERFORMANCE REVIEW HAD NOT BEEN COMPLETED AND HE OR SHE HAD NOT RECEIVED AN ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATING FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY, TWO THOUSAND TWENTY--TWO THOU- SAND TWENTY-ONE AND TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEARS; PROVIDED THAT in the case of a classroom teacher or build- ing principal appointed during the two thousand [twenty] TWENTY-ONE--two thousand [twenty-one] TWENTY-TWO 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 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 A. 9600 9 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 OR TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO 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 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 chapter 112 of the laws of 2021, 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 A. 9600 10 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, THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO OR THE TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE 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 teach- er 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; 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 appointment 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 subdivision five of this section. § 9. Paragraph (b) of subdivision 5 of section 2573 of the education law, as amended by chapter 147 of the laws of 2021, is amended to read as follows: A. 9600 11 (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] OR 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 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 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 nine- teen--two thousand twenty [and], two thousand twenty--two thousand twen- ty-one OR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO school [years] YEAR; provided that, IN THE CASE OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL APPOINTED DURING THE TWO THOUSAND EIGHTEEN--TWO THOU- SAND NINETEEN OR TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR, WHO HAS NOT RECEIVED COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSUANT TO SECTION THREE THOUSAND TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS CHAPTER FOR THREE CONSECUTIVE YEARS, NO RATINGS SHALL BE REQUIRED FOR THE SUPERINTENDENT OF SCHOOLS TO RECOMMEND FOR APPOINTMENT ON TENURE SUCH TEACHER OR BUILDING PRINCIPAL IF THE TEACHER OR PRINCIPAL 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 REVIEW RATING FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY, TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEARS; PROVIDED THAT in the case of a classroom teacher or building principal appointed during the two thousand [twenty] TWENTY-ONE--two thousand [twenty-one] TWENTY-TWO 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, 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 OR TWO THOUSAND TWENTY-ONE--TWO A. 9600 12 THOUSAND TWENTY-TWO school year; provided further that, notwithstanding any other provision of this section to the contrary, when a teacher or principal 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 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 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 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. § 10. Paragraph (b) of subdivision 6 of section 2573 of the education law, as amended by chapter 147 of the laws of 2021, 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] OR 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 effective in at A. 9600 13 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 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 nine- teen--two thousand twenty [and], two thousand twenty--two thousand twen- ty-one OR THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO school [years] YEAR; provided that, IN THE CASE OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL APPOINTED DURING THE TWO THOUSAND EIGHTEEN--TWO THOU- SAND NINETEEN OR TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR, WHO HAS NOT RECEIVED COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSUANT TO SECTION THREE THOUSAND TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS CHAPTER FOR THREE CONSECUTIVE YEARS, NO RATINGS SHALL BE REQUIRED FOR THE SUPERINTENDENT OF SCHOOLS TO RECOMMEND FOR APPOINTMENT ON TENURE SUCH TEACHER OR BUILDING PRINCIPAL IF THE TEACHER OR PRINCIPAL 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 A COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATING FOR THE TWO THOUSAND NINETEEN-- TWO THOUSAND TWENTY, TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEARS; PROVIDED THAT in the case of a classroom teacher or building principal appointed during the two thousand [twenty] TWENTY-ONE--two thousand [twenty-one] TWENTY-TWO 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, 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 OR TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO 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 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- A. 9600 14 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.
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