senate Bill S2133

Relates to primary medical malpractice insurance coverage

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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Summary

Lowers the primary medical malpractice coverage that a physician or dentist must have in force in order to be eligible for the NYS Excess Medical Malpractice Liability Insurance Coverage program.

Bill Details

Versions:
S2133
Current Committee:
Law Section:
Insurance
Laws Affected:
Amd §18, Chap 266 of 1986

Sponsor Memo

BILL NUMBER:S2133

TITLE OF BILL: An act to amend chapter 266 of the laws of 1986,
amending the civil practice law and rules and other laws relating to
malpractice and professional medical conduct, in relation to terms of
insurance coverage

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to amend
the Excess Medical Malpractice Liability Insurance Coverage Program
(created by Chapter 266 of the Laws of 1986) to lower the primary
medical malpractice layer required to be eligible for the Excess
Program from its currently required level of $1.3 million for each
claimant/$3.9 million for all claimants to $1M for each claimant/$3M
for all claimants.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amends paragraph (a) of subdivision 1 of § 18 of
Chapter 266 of the Laws of 1986 (as amended by § 15 of Part C of
Chapter 59 of the Laws of 2011) to change the required level of
primary medical malpractice coverage that a physician or dentist must
have in force in order to be eligible for the NYS Excess Medical
Malpractice Liability Insurance Coverage Program. Currently the
required level is $1.3M for each claimant/$3.9M for all claimants,
this legislation would change the level to $1M for each claimant/$3M
for all claimants. The total aggregate coverage level will remain
$2.3M for each claimant/$6.9M for all claimants.

Section 2 is the effective date.

JUSTIFICATION: The Excess Medical Malpractice Liability Insurance
Coverage program was created in 1996 to help stabilize the cost of
medical malpractice liability insurance in NYS, which was already high
and skyrocketing during the mid-1980's. It was felt that such
stability would be critical to preserving access to physicians,
especially high-risk specialty care practitioners. It was feared that,
without such stability (or outright tort reform), these doctors would
leave NYS practice as a result of high premiums and malpractice
litigation.

The Excess Program has been extended for varying periods (usually 1-3
years) since its inception. The funding mechanism for the program has
changed several times and in 2002 was made a component of the Health
Care Reform Act (HCRA) and funded from the HCRA Pools. Concomitantly
with moving the funding source of the Excess Program to HCRA, the
required level of primary medical malpractice coverage that a
physician or dentist must have in force in order to be eligible for
Excess coverage was increased from $1M for each claimant/$3.M for all
claimants to $1.3M for each claimant/$3.9M for all claimants: While
this lessened the Premium cost that HCRA was obligated to cover and
made more funds available for other HCRA programs, it raised the cost
of primary medical malpractice coverage to physicians and dentists by
approximately 60. This bill would return the primary coverage
requirement to its pre-2002 level of $1M for each claimant/$3M for all
claimants and is expected to reduce physician and dentists primary
medical malpractice premiums by approximately 6% which would ease the


burden that these providers are bearing due to rapidly escalating
medical malpractice premiums.

PRIOR LEGISLATIVE HISTORY: 2008: S.7038 Passed Senate/Assembly Codes
Committee 2009-10: S.2959 Insurance Committee 2011-12: S.4446
Insurance Committee 2013-14: S.3454 Insurance Committee

FISCAL IMPLICATIONS: The cost to HCRA is estimated to be between $45M
and $65M.

EFFECTIVE DATE: Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2133

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by Sen. FLANAGAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Insurance

AN ACT to amend chapter 266 of the laws  of  1986,  amending  the  civil
  practice  law  and  rules  and  other laws relating to malpractice and
  professional medical conduct, in relation to terms of insurance cover-
  age

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 1 of section 18 of chapter 266
of the laws of 1986, amending the civil practice law and rules and other
laws  relating  to  malpractice  and  professional  medical  conduct, as
amended by section 18 of part B of chapter 60 of the laws  of  2014,  is
amended to read as follows:
  (a)  The  superintendent  of  [insurance]  FINANCIAL  SERVICES and the
commissioner of health or their designee shall, from funds available  in
the  hospital excess liability pool created pursuant to subdivision 5 of
this section, purchase a policy or policies for excess insurance  cover-
age,  as  authorized by paragraph 1 of subsection (e) of section 5502 of
the insurance law; or from an insurer, other than an  insurer  described
in  section  5502  of  the  insurance law, duly authorized to write such
coverage and actually writing  medical  malpractice  insurance  in  this
state; or shall purchase equivalent excess coverage in a form previously
approved  by  the  superintendent of insurance for purposes of providing
equivalent excess coverage in accordance with section 19 of chapter  294
of  the  laws  of  1985,  for  medical or dental malpractice occurrences
between July 1, 1986 and June 30, 1987, between July 1,  1987  and  June
30,  1988,  between July 1, 1988 and June 30, 1989, between July 1, 1989
and June 30, 1990, between July 1, 1990 and June 30, 1991, between  July
1,  1991  and  June  30,  1992,  between July 1, 1992 and June 30, 1993,
between July 1, 1993 and June 30, 1994, between July 1,  1994  and  June
30,  1995,  between July 1, 1995 and June 30, 1996, between July 1, 1996

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05300-01-5

S. 2133                             2

and June 30, 1997, between July 1, 1997 and June 30, 1998, between  July
1,  1998  and  June  30,  1999,  between July 1, 1999 and June 30, 2000,
between July 1, 2000 and June 30, 2001, between July 1,  2001  and  June
30,  2002,  between July 1, 2002 and June 30, 2003, between July 1, 2003
and June 30, 2004, between July 1, 2004 and June 30, 2005, between  July
1,  2005  and  June  30,  2006,  between July 1, 2006 and June 30, 2007,
between July 1, 2007 and June 30, 2008, between July 1,  2008  and  June
30,  2009,  between July 1, 2009 and June 30, 2010, between July 1, 2010
and June 30, 2011, between July 1, 2011 and June 30, 2012, between  July
1,  2012  and June 30, 2013, between July 1, 2013 and June 30, 2014, and
between July 1, 2014 and June 30, 2015 or reimburse the  hospital  where
the hospital purchases equivalent excess coverage as defined in subpara-
graph  (i)  of  paragraph  (a)  of  subdivision  1-a of this section for
medical or dental malpractice occurrences between July 1, 1987 and  June
30,  1988,  between July 1, 1988 and June 30, 1989, between July 1, 1989
and June 30, 1990, between July 1, 1990 and June 30, 1991, between  July
1,  1991  and  June  30,  1992,  between July 1, 1992 and June 30, 1993,
between July 1, 1993 and June 30, 1994, between July 1,  1994  and  June
30,  1995,  between July 1, 1995 and June 30, 1996, between July 1, 1996
and June 30, 1997, between July 1, 1997 and June 30, 1998, between  July
1,  1998  and  June  30,  1999,  between July 1, 1999 and June 30, 2000,
between July 1, 2000 and June 30, 2001, between July 1,  2001  and  June
30,  2002,  between July 1, 2002 and June 30, 2003, between July 1, 2003
and June 30, 2004, between July 1, 2004 and June 30, 2005, between  July
1,  2005  and  June  30,  2006,  between July 1, 2006 and June 30, 2007,
between July 1, 2007 and June 30, 2008, between July 1,  2008  and  June
30,  2009,  between July 1, 2009 and June 30, 2010, between July 1, 2010
and June 30, 2011, between July 1, 2011 and June 30, 2012, between  July
1,  2012  and June 30, 2013, between July 1, 2013 and June 30, 2014, and
between July 1, 2014 and June 30, 2015 for physicians or dentists certi-
fied as eligible for each such period or periods pursuant to subdivision
2 of this section by a general hospital licensed pursuant to article  28
of  the  public  health law; provided that no single insurer shall write
more than fifty percent of the total excess premium for a  given  policy
year;  and  provided, however, that such eligible physicians or dentists
must have in force an individual policy, from  an  insurer  licensed  in
this  state  of  primary malpractice insurance coverage in amounts of no
less than one million [three hundred thousand] dollars for each claimant
and three million [nine hundred  thousand]  dollars  for  all  claimants
under  that  policy  during  the period of such excess coverage for such
occurrences or be endorsed  as  additional  insureds  under  a  hospital
professional  liability  policy  which  is  offered  through a voluntary
attending physician ("channeling") program previously permitted  by  the
superintendent  of  [insurance]  FINANCIAL SERVICES during the period of
such excess coverage for such  occurrences.  During  such  period,  such
policy  for  excess  coverage  or such equivalent excess coverage shall,
when combined with the  physician's  or  dentist's  primary  malpractice
insurance  coverage  or  coverage provided through a voluntary attending
physician ("channeling")  program,  total  an  aggregate  level  of  two
million three hundred thousand dollars for each claimant and six million
nine  hundred  thousand dollars for all claimants from all such policies
with respect to occurrences in each of such years [provided, however, if
the cost of primary malpractice insurance  coverage  in  excess  of  one
million  dollars,  but  below  the  excess medical malpractice insurance
coverage provided pursuant to this act, exceeds the rate of nine percent
per annum, then the required  level  of  primary  malpractice  insurance

S. 2133                             3

coverage  in excess of one million dollars for each claimant shall be in
an amount of not less than the dollar amount of such coverage  available
at  nine  percent per annum; the required level of such coverage for all
claimants  under  that  policy shall be in an amount not less than three
times the dollar amount of coverage for each claimant; and excess cover-
age, when combined with such  primary  malpractice  insurance  coverage,
shall  increase  the  aggregate  level  for each claimant by one million
dollars and three million  dollars  for  all  claimants];  and  provided
further,  that,  with respect to policies of primary medical malpractice
coverage that include occurrences between April 1,  2002  and  June  30,
2002,  such  requirement  that  coverage  be in amounts no less than one
million three hundred thousand  dollars  for  each  claimant  and  three
million  nine hundred thousand dollars for all claimants for such occur-
rences shall be effective April 1, 2002.
  S 2. This act shall take effect immediately.

senate Bill S2126

Authorizes payment of additional state aid for certain state-leased or state-owned lands

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

Summary

Authorizes payment of additional state aid for certain state-leased or state-owned lands.

Bill Details

See Assembly Version of this Bill:
A3021
Versions:
S2126
Current Committee:
Law Section:
Public Lands Law
Laws Affected:
Amd §19-a, Pub Lds L

Sponsor Memo

BILL NUMBER:S2126

TITLE OF BILL: An act to amend the public lands law, in relation to
certain state-leased or state-owned lands

PURPOSE OR GENERAL IDEA OF BILL:. Authorizes payment of additional
state aid for certain state-leased or state-owned lands

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 - amends section 19-a of the public lands law by adding a
new subdivision 2-b Section 2 is the effective date

JUSTIFICATION: This legislation which was requested by the City of
Albany would provide for payment in lieu of taxes (PILOT). Currently,
nearly 60% of the City is tax-exempt, largely as a result of State
ownership. This legislation proposes a PILOT payment of 1.75% of the
present value of the Harriman Campus, an amount that would be
approximately $11.7 million annually. The bill provides that this
amount would be paid annually for ten years and would decrease sooner
if the Harriman Campus is privatized.

PRIOR LEGISLATIVE HISTORY: 2013/14: A.4658-B/S1138-B 2012:
A.10022/S.7201

FISCAL IMPLICATIONS: To be determined

EFFECTIVE DATE: This act shall take effect immediately

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2126                                                  A. 3021

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 21, 2015
                               ___________

IN SENATE -- Introduced by Sen. BRESLIN -- read twice and ordered print-
  ed,  and  when  printed  to  be committed to the Committee on Investi-
  gations and Government Operations

IN ASSEMBLY -- Introduced by M. of A. FAHY, McDONALD --  read  once  and
  referred to the Committee on Real Property Taxation

AN  ACT  to  amend  the  public lands law, in relation to certain state-
  leased or state-owned lands

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 19-a of the public lands law is amended by adding a
new subdivision 2-b to read as follows:
  2-B.  (1) NOTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE CONTRA-
RY, IN ADDITION TO STATE AID OTHERWISE PAYABLE PURSUANT TO THIS SECTION,
THERE SHALL BE PAYABLE TO ANY CITY LOCATED IN A COUNTY  IN  WHICH  THERE
HAS  BEEN  CONSTRUCTED  A  STATE OFFICE BUILDING PROJECT KNOWN AS THE W.
AVERELL HARRIMAN STATE OFFICE BUILDING CAMPUS (MORE SPECIFICALLY IDENTI-
FIED ON THE ASSESSMENT ROLL OF SUCH  CITY  AS  SECTION,  LOT  AND  BLOCK
NUMBERS  53.00-1-2 AND 53.00-1-9, RESPECTIVELY), STATE AID PAYABLE ANNU-
ALLY, IN AN AMOUNT EQUAL TO 1.75  PERCENT  OF  SUCH  AGGREGATE  ASSESSED
VALUES  OF  SUCH STATE OFFICE BUILDING PROJECT AS IT APPEARED ON THE TWO
THOUSAND NINE FINAL ASSESSMENT ROLL OF SUCH CITY.
  (2) SUCH PAYMENTS SHALL BE FOR CITY PURPOSES ONLY, AND SHALL BEGIN  ON
JUNE  FIRST,  TWO  THOUSAND FIFTEEN AND SHALL BE PAYABLE FOR A PERIOD OF
TEN YEARS. FOR GREATER CERTAINTY, SUCH CITY'S ASSESSMENTS FOR THE  PROP-
ERTIES  DESCRIBED  IN PARAGRAPH ONE OF THIS SUBDIVISION ARE TO REMAIN AT
SUCH  TWO  THOUSAND  NINE  TOTAL  ASSESSED  VALUES,  I.E.  SIX   HUNDRED
SIXTY-THREE MILLION NINE HUNDRED FIFTY THOUSAND NINE HUNDRED DOLLARS AND
TEN  MILLION FOUR HUNDRED NINETEEN THOUSAND SIX HUNDRED DOLLARS, RESPEC-
TIVELY, THROUGHOUT SUCH TEN  YEAR  PERIOD,  PROVIDED,  HOWEVER,  IF  ANY
PORTION  OF  THE  PROPERTY  IS SOLD BY THE STATE OF NEW YORK DURING THIS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00799-01-5

S. 2126                             2                            A. 3021

PERIOD, THEN THE SALE PRICE OF SUCH SALE  SHALL  BE  DEDUCTED  FROM  ITS
APPROPRIATE ABOVE REFERENCED TOTAL ASSESSED VALUE ON THE NEXT SUCCEEDING
ASSESSMENT  ROLL, AND SUCH REDUCED TOTAL ASSESSED VALUE SHALL BECOME THE
NEW  BASIS FOR DETERMINING THE ANNUAL PAYMENT FOR THAT AND EACH SUCCEED-
ING YEAR THEREAFTER.
  S 2. This act shall take effect immediately.

senate Bill S2113

Establishes teachers and teaching assistants as licensed professionals

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

Establishes teachers and teaching assistants as licensed professionals; sets qualifications for such licensure; sets forth requirements for filing and disciplinary procedures and remedies; provides for loss of license upon a felony conviction.

Bill Details

See Assembly Version of this Bill:
A3043
Versions:
S2113
Current Committee:
Law Section:
Education Law
Laws Affected:
Add Art 168 §§8900 - 8912, Ed L

Sponsor Memo

BILL NUMBER:S2113

TITLE OF BILL:

An act to amend the education law, in relation to the practice and
licensure of teachers and teaching assistants

PURPOSE:

To raise the stature and performance of teachers and teaching
assistants by establishing each as a licensed profession.

SUMMARY OF PROVISIONS:

This legislation would establish teachers and teaching assistants as
licensed professionals. As such, the practice of each profession as
well as the qualifications for licensure, continuing education
requirements, professional standards and penalties for professional
misconduct are enumerated in the legislation. The structure and
standards for licensure are consistent with the other 50 licensed
professionals created by Articles 131-168 of the Education Law.
Licenses are generally issued for life provided that the licensee has
maintained triennial registration including any continuing education
requirements. The bill's significant provisions include:

* Defines the duties of a teacher and a teaching assistant;

* Creates a state board to assist the Board of Regents and the
Department of Education on matters of professional licensure. The
board would be comprised of twenty-four members, a majority of whom
would be licensees. Nominations to the state board may be made by both
collective bargaining units representing licensees as well as by other
statewide representative organizations. The Board of Regents is not
required o appoint those nominees;

* Authorizes the issuance of licenses restricted to the licensees'
area of qualification; * Establishes minimum licensing requirements,
including:

TEACHERS Initial license - Bachelors degree, acceptable performance on
professional exams, successful completion of a year-long supervised
academic internship; Maintenance of registration - Completion of
continuing education approved by the Department, completion of a
Master's degree functionally related to the teaching field after the
second registration period and satisfactory performance on
professional exams and assessments of teaching skills.

TEACHING ASSISTANTS Temporary license - high school diploma or its
equivalent, certification by the prospective employer that in-service
training will be provided. Professional license - Meet all the
requirements for a temporary license as well as an education and
experience as proscribed by the Commissioner.

* A teacher or teaching assistant previously certified by the State or
licensed by a municipality would be considered professionally licensed
for purposes of this article provided that any new requirements for


practice of the profession would apply at the end of the triennial
registration;

* For purposes of discipline, a licensed professional would be subject
to sanctions for professional misconduct as provided in education law
article 131. In addition, gross pedagogical incompetence is
established as a new offense for these education related professions.
Gross pedagogical incompetence includes lack of substantive knowledge
of the subject matter, lack of skills appropriate to teaching in the
license area or lack of continued compliance with any condition of
licensure;

* For complaints of gross pedagogical incompetence, a new disciplinary
procedure is established. Such complaints would be heard by auxiliary
boards with expertise in the licensee's area of practice;

* In the event that a professional's license is revoked or a
registration is not maintained, the employing school board would be
authorized to suspend the licensee with pay;

* In addition to the sanctions in section 6511 of the education law, a
licensee convicted of a felony would automatically lose his or her
license.

JUSTIFICATION:

The theme of educational reform in New York State is increased
standards and accountability. Achieving higher standards will not be
easy for students or for schools, but the essential goal of improving
education for children requires our best efforts. This legislation
seeks to raise the standards of performance for teachers and teaching
assistants and to make those educators accountable for their
performance.

By establishing educators as professionals, the field would attract
better quality candidates with initiative, ability and an appetite for
challenge; would ensure better teacher and administrator performance,
guided by a body of ethics and approved practice; would ensure
continuing education and retraining; and would lead to the retention
of excellent educators who will feel that their contribution is
recognized appropriately.

Improving the quality of classroom instruction is an essential part of
achieving higher student performance.

LEGISLATIVE HISTORY:

2013-14 S.3012/S.3577;
1997-98 S.2625/A.8959;
1995-96 S.5061

FISCAL IMPLICATIONS:

Minimal to the State given that teachers will pay fees of $135 for a
lifetime license and $135 for each renewable triennial registration.
Teachers' assistants will pay $50 for a lifetime license and $50 for


each renewable triennial registration. Those fees are expected to
cover the cost of administering the licensure program.

EFFECTIVE DATE:

One hundred eighty days after it shall have become a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2113                                                  A. 3043

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 21, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Higher Educa-
  tion

IN ASSEMBLY -- Introduced by M. of A. NOLAN -- read once and referred to
  the Committee on Higher Education

AN  ACT  to  amend  the  education  law, in relation to the practice and
  licensure of teachers and teaching assistants

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article 168 to
read as follows:
                               ARTICLE 168
                           TEACHING PROFESSION
SECTION 8900. INTRODUCTION.
        8901. DEFINITIONS.
        8902. DEFINITION OF THE PRACTICE OF TEACHING.
        8903. PRACTICE OF TEACHING AND USE OF TITLE "PROFESSIONAL TEACH-
               ER" OR "LICENSED TEACHING ASSISTANT".
        8904. STATE BOARD FOR TEACHING.
        8905. TYPES OF LICENSES.
        8906. REQUIREMENTS FOR A PROFESSIONAL TEACHER'S LICENSE.
        8907. REQUIREMENTS FOR A LICENSE AS A TEACHING ASSISTANT.
        8908. LIMITED PERMITS.
        8909. EXEMPT PERSONS.
        8910. SPECIAL PROVISIONS.
        8911. DISCIPLINARY PROCEDURES AND REMEDIES.
        8912. PENALTIES UPON CONVICTION OF A FELONY.
  S 8900. INTRODUCTION. THIS ARTICLE APPLIES TO THE PROFESSION OF TEACH-
ING.    EXCEPT  AS  OTHERWISE  PROVIDED  IN  THIS  ARTICLE,  THE GENERAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03072-01-5

S. 2113                             2                            A. 3043

PROVISIONS FOR ALL PROFESSIONS CONTAINED IN ARTICLE ONE  HUNDRED  THIRTY
OF THIS TITLE APPLY TO THIS ARTICLE.
  S 8901. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "PROFESSIONAL TEACHER" MEANS A PERSON LICENSED OR OTHERWISE AUTHOR-
IZED PURSUANT TO THIS ARTICLE TO PRACTICE TEACHING IN THE PUBLIC SCHOOLS
AND  NONPUBLIC  SCHOOLS  OR IN ANY PROGRAM FOR THE EDUCATION OF CHILDREN
WITH DISABILITIES OR PRESCHOOL CHILDREN WITH DISABILITIES, PROVIDED THAT
SUCH TERM SHALL NOT INCLUDE A LICENSED TEACHING ASSISTANT.
  2. "LICENSED TEACHING ASSISTANT" MEANS A PERSON LICENSED OR  OTHERWISE
AUTHORIZED  PURSUANT TO THIS ARTICLE TO PRACTICE AS A TEACHING ASSISTANT
IN THE PUBLIC SCHOOLS AND NONPUBLIC SCHOOLS OR IN ANY  PROGRAM  FOR  THE
EDUCATION OF CHILDREN WITH DISABILITIES OR PRESCHOOL CHILDREN WITH DISA-
BILITIES.
  3. "STATE BOARD" MEANS THE STATE BOARD FOR TEACHING.
  4.  "SUPERINTENDENT  OF SCHOOLS" MEANS THE CHIEF SCHOOL OFFICER OF ANY
PUBLIC OR NONPUBLIC SCHOOL DISTRICT IN THE  STATE,  INCLUDING  THE  CITY
SCHOOL  DISTRICT  OF  THE  CITY  OF  NEW  YORK  AND ANY COMMUNITY SCHOOL
DISTRICT THEREIN, OR A DISTRICT SUPERINTENDENT OF SCHOOLS.
  S 8902. DEFINITION OF THE PRACTICE OF TEACHING. 1. THE PRACTICE OF THE
PROFESSION OF TEACHING AS A PROFESSIONAL TEACHER IS DEFINED AS PROVIDING
INSTRUCTION OR EDUCATIONAL SUPPORT SERVICES TO PUPILS, WHEN APPOINTED OR
OTHERWISE EMPLOYED BY THE GOVERNING BODY OF A PUBLIC OR NONPUBLIC SCHOOL
DISTRICT, A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, OR A COUNTY VOCA-
TIONAL EDUCATION AND EXTENSION BOARD, OR WHEN EMPLOYED BY ANY ENTITY  IN
A  PROGRAM  FOR THE EDUCATION OF CHILDREN WITH DISABILITIES OR PRESCHOOL
CHILDREN WITH DISABILITIES.
  2. THE PRACTICE OF  TEACHING  AS  A  LICENSED  TEACHING  ASSISTANT  IS
DEFINED AS ASSISTING A PROFESSIONAL TEACHER BY PROVIDING DIRECT INSTRUC-
TIONAL SERVICES TO PUPILS UNDER THE GENERAL SUPERVISION OF SUCH TEACHER,
WHEN APPOINTED, OR OTHERWISE EMPLOYED, BY THE GOVERNING BODY OF A PUBLIC
OR  NONPUBLIC  SCHOOL  DISTRICT,  A  BOARD  OF  COOPERATIVE  EDUCATIONAL
SERVICES, OR A COUNTY VOCATIONAL EDUCATION AND EXTENSION BOARD, OR  WHEN
EMPLOYED  BY  ANY ENTITY IN A PROGRAM FOR THE EDUCATION OF CHILDREN WITH
DISABILITIES OR PRESCHOOL CHILDREN WITH DISABILITIES.
  S 8903.  PRACTICE OF TEACHING AND USE OF TITLE "PROFESSIONAL  TEACHER"
OR  "LICENSED  TEACHING  ASSISTANT". ONLY A PERSON LICENSED OR OTHERWISE
AUTHORIZED  OR  EXEMPTED  UNDER  THIS  ARTICLE  MAY  PRACTICE  TEACHING,
PROVIDED, HOWEVER, THAT NOTHING IN THIS ARTICLE SHALL BE CONSTRUED AS TO
REQUIRE  NONPUBLIC  SCHOOLS TO EMPLOY OR PRECLUDE NONPUBLIC SCHOOLS FROM
EMPLOYING PROFESSIONAL  TEACHERS  OR  PROFESSIONAL  TEACHING  ASSISTANTS
LICENSED  PURSUANT  TO THIS ARTICLE. ONLY A PERSON LICENSED OR OTHERWISE
AUTHORIZED UNDER THIS ARTICLE TO PRACTICE  TEACHING  AS  A  PROFESSIONAL
TEACHER MAY USE THE TITLE "PROFESSIONAL TEACHER". ONLY A PERSON LICENSED
OR  OTHERWISE  AUTHORIZED  UNDER  THIS ARTICLE TO PRACTICE TEACHING AS A
TEACHING ASSISTANT MAY USE THE TITLE "LICENSED TEACHING ASSISTANT."
  S 8904. STATE BOARD FOR TEACHING.  1. A STATE BOARD FOR TEACHING SHALL
BE APPOINTED BY THE BOARD OF REGENTS ON RECOMMENDATION  OF  THE  COMMIS-
SIONER FOR THE PURPOSE OF ASSISTING THE BOARD OF REGENTS AND THE DEPART-
MENT  ON  MATTERS  OF PROFESSIONAL LICENSING AND PROFESSIONAL CONDUCT IN
ACCORDANCE WITH SECTION SIXTY-FIVE HUNDRED  EIGHT  OF  THIS  TITLE.  THE
COMMISSIONER  MAY  RECEIVE NOMINATIONS FOR THE TEACHER CATEGORY OF BOARD
MEMBERSHIP FROM STATEWIDE  TEACHER  ORGANIZATIONS  REPRESENTING  TEACHER
COLLECTIVE  BARGAINING UNITS AND MAY RECEIVE NOMINATIONS FOR THE REMAIN-
ING CATEGORIES OF MEMBERSHIP FROM APPROPRIATE  STATEWIDE  REPRESENTATIVE
ORGANIZATIONS, BUT THE BOARD OF REGENTS SHALL NOT BE REQUIRED TO APPOINT
CANDIDATES SO NOMINATED.

S. 2113                             3                            A. 3043

  2.  NOTWITHSTANDING ANY PROVISIONS OF SECTION SIXTY-FIVE HUNDRED EIGHT
OF THIS TITLE TO THE CONTRARY, THE STATE BOARD FOR TEACHING  SHALL  HAVE
THE  COMPOSITION  PRESCRIBED  IN THIS SUBDIVISION. THE STATE BOARD SHALL
CONSIST OF NO  LESS  THAN  TWENTY-FOUR  VOTING  MEMBERS,  AND  SHALL  BE
COMPOSED AS FOLLOWS:
  A.  THIRTEEN MEMBERS OR AT LEAST SIXTY PERCENT OF THE TOTAL MEMBERSHIP
OF THE STATE BOARD WITHOUT ROUNDING,  WHICHEVER  IS  GREATER,  SHALL  BE
PROFESSIONAL  TEACHERS  WITHOUT ADMINISTRATIVE OR SUPERVISORY DUTIES WHO
HAVE BEEN EMPLOYED ON A FULL-TIME BASIS FOR AT LEAST FIVE YEARS AND  WHO
POSSESS  LICENSES  AS PROFESSIONAL TEACHERS; PROVIDED THAT SERVICES AS A
MENTOR OR LEAD TEACHER SHALL NOT BE CONSIDERED ADMINISTRATIVE OR  SUPER-
VISORY DUTIES FOR PURPOSES OF THIS PARAGRAPH;
  B. ONE MEMBER SHALL BE A PROFESSIONAL TEACHER WHO HAS BEEN EMPLOYED ON
A  FULL-TIME BASIS IN A PROGRAM FOR THE EDUCATION OF CHILDREN WITH DISA-
BILITIES OR PRESCHOOL CHILDREN WITH DISABILITIES  AND  WHO  POSSESSES  A
LICENSE AS A PROFESSIONAL TEACHER;
  C.  ONE  MEMBER SHALL BE A LICENSED TEACHING ASSISTANT EMPLOYED FOR AT
LEAST FIVE YEARS;
  D. ONE MEMBER SHALL BE A SUPERINTENDENT OR DISTRICT SUPERINTENDENT  OF
SCHOOLS  WHO AS A SCHOOL SUPERINTENDENT HAS PRACTICED SCHOOL SUPERINTEN-
DENCY FOR AT LEAST FIVE YEARS;
  E. ONE MEMBER SHALL BE AN ADMINISTRATOR;
  F. ONE MEMBER SHALL BE A PUBLIC REPRESENTATIVE WHO IS THE PARENT OF  A
CHILD ATTENDING A PUBLIC SCHOOL OR PROGRAM FOR THE EDUCATION OF CHILDREN
WITH DISABILITIES OR PRESCHOOL CHILDREN WITH DISABILITIES AT THE TIME OF
APPOINTMENT;
  G.  ONE MEMBER SHALL BE A PUBLIC REPRESENTATIVE WHO IS THE PARENT OF A
CHILD ATTENDING A NONPUBLIC SCHOOL OR PROGRAM FOR THE EDUCATION OF CHIL-
DREN WITH DISABILITIES OR PRESCHOOL CHILDREN WITH  DISABILITIES  AT  THE
TIME OF APPOINTMENT;
  H.  ONE MEMBER SHALL BE A PUBLIC REPRESENTATIVE WHO IS A MEMBER OF THE
BOARD OF EDUCATION OF A PUBLIC SCHOOL DISTRICT OUTSIDE OF  THE  CITY  OF
NEW YORK AT THE TIME OF APPOINTMENT;
  I.  ONE MEMBER SHALL BE A PUBLIC REPRESENTATIVE WHO IS A MEMBER OF THE
BOARD OF EDUCATION OF THE CITY SCHOOL DISTRICT OF THE CITY OF  NEW  YORK
OR THE BOARD OF EDUCATION OF A COMMUNITY SCHOOL DISTRICT WITHIN THE CITY
OF NEW YORK AT THE TIME OF APPOINTMENT;
  J.  THREE  MEMBERS  SHALL,  AT  THE  TIME OF APPOINTMENT, BE EDUCATORS
EMPLOYED BY AN INSTITUTION OF HIGHER EDUCATION WITHIN NEW YORK STATE WHO
HAVE BEEN DIRECTLY INVOLVED IN THE PREPARATION OF TEACHERS FOR AT  LEAST
FIVE YEARS;
  K.  NO MEMBER APPOINTED SHALL BE COUNTED IN MORE THAN ONE CATEGORY SET
FORTH IN PARAGRAPHS A THROUGH J OF THIS SUBDIVISION.
  3. EACH MEMBER OF THE STATE BOARD SHALL BE APPOINTED  FOR  A  TERM  OF
FIVE  YEARS,  EXCEPT  THAT  THE  TERMS OF THOSE FIRST APPOINTED SHALL BE
ARRANGED SO THAT AS NEARLY AS POSSIBLE AN EQUAL NUMBER  SHALL  TERMINATE
ANNUALLY.  A VACANCY OCCURRING DURING A TERM SHALL BE FILLED BY APPOINT-
MENT BY THE BOARD OF REGENTS IN ACCORDANCE WITH SUBDIVISION ONE OF  THIS
SECTION  FOR  THE  UNEXPIRED  TERM.  IN  ADDITION, THE STATE BOARD SHALL
ESTABLISH ROSTERS OF AUXILIARY  MEMBERS  FROM  CANDIDATES  NOMINATED  BY
STATEWIDE   TEACHER  ORGANIZATIONS  REPRESENTING  TEACHER  AND  TEACHING
ASSISTANT COLLECTIVE BARGAINING UNITS AND PROFESSIONAL  ASSOCIATIONS  OF
PROFESSIONAL  TEACHERS  AND  TEACHING ASSISTANTS, FOR APPOINTMENT BY THE
BOARD OF REGENTS, ON THE RECOMMENDATION OF THE COMMISSIONER, TO SERVE AS
MEMBERS OF THE STATE BOARD  SOLELY  FOR  THE  PURPOSES  OF  PROFESSIONAL
DISCIPLINARY PROCEEDINGS, PROCEEDINGS RELATING TO THE MORAL CHARACTER OF

S. 2113                             4                            A. 3043

AN  APPLICANT FOR LICENSURE AND PROCEEDINGS RELATING TO APPLICATIONS FOR
THE RESTORATION OF A PROFESSIONAL LICENSE.
  S  8905.  TYPES  OF  LICENSES.  THE  COMMISSIONER  MAY, IN REGULATIONS
APPROVED BY THE BOARD OF  REGENTS  AFTER  CONSULTATION  WITH  THE  STATE
BOARD,  PROVIDE  FOR THE ISSUANCE OF LICENSES, LIMITED TO SPECIFIC AREAS
IN WHICH AN APPLICANT IS QUALIFIED  TO  PRACTICE.  IF  LICENSES  ARE  SO
LIMITED,  NO  PERSON  SHALL  BE  AUTHORIZED TO PROVIDE TEACHING SERVICES
PURSUANT TO SUCH LICENSE EXCEPT IN THE AREA  FOR  WHICH  IT  IS  ISSUED;
PROVIDED  THAT  SUCH  REGULATIONS  MAY AUTHORIZE PRACTICE OUTSIDE OF THE
LICENSE AREA ON AN INCIDENTAL BASIS, AS DEFINED IN SUCH REGULATIONS.
  S 8906. REQUIREMENTS FOR A PROFESSIONAL TEACHER'S LICENSE. TO  QUALIFY
FOR  A LICENSE AS A PROFESSIONAL TEACHER, AN APPLICANT SHALL FULFILL THE
REQUIREMENTS PRESCRIBED BY THE COMMISSIONER IN REGULATIONS  APPROVED  BY
THE  BOARD OF REGENTS AFTER CONSULTATION WITH THE STATE BOARD, WHICH, AT
A MINIMUM, SHALL INCLUDE THE FOLLOWING:
  1. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  2. EDUCATION:
  A. INITIAL REQUIREMENTS FOR THE LICENSE  SHALL  INCLUDE  A  BACHELOR'S
DEGREE  FROM  A REGISTERED PROGRAM OR ITS EQUIVALENT, A PASSING SCORE ON
STATE-REQUIRED PROFESSIONAL EXAMINATIONS,  SUCCESSFUL  COMPLETION  OF  A
YEAR-LONG SUPERVISED ACADEMIC TEACHING INTERNSHIP IN A PUBLIC OR NONPUB-
LIC ELEMENTARY AND/OR SECONDARY SCHOOL.
  B. MAINTENANCE OF THE LICENSE WOULD REQUIRE, EVERY THREE YEARS, HAVING
ATTAINED STATE-APPROVED CONTINUING OR IN-SERVICE EDUCATION CREDITS, WITH
THE FOLLOWING ADDITIONS:
  (1)  MAINTENANCE  OF  REGISTRATION  AFTER THE SECOND THREE-YEAR PERIOD
SHALL REQUIRE AN EARNED MASTER'S  DEGREE  FUNCTIONALLY  RELATED  TO  THE
FIELD  OF  TEACHING SERVICE AS WELL AS EVIDENCE OF SATISFACTORY PERFORM-
ANCE ON STATE-SANCTIONED TEACHER SPECIALTY EXAMINATIONS AND  ASSESSMENTS
OF TEACHING SKILLS.
  (2) AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
  (3)  CHARACTER:  BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE STATE
BOARD'S CODES OF ETHICS AND PRACTICE; AND
  (4) FEES: PAY THE FOLLOWING FEES TO THE DEPARTMENT:
  A. A FEE OF ONE HUNDRED THIRTY-FIVE  DOLLARS  FOR  INITIAL  LICENSURE,
PROVIDED  THAT  ONLY  ONE  SUCH FEE SHALL BE PAYABLE FOR LICENSURE OF AN
APPLICANT WHO SIMULTANEOUSLY FILES MULTIPLE APPLICATIONS  FOR  LICENSURE
IN DIFFERENT AREAS OF TEACHING SERVICE;
  B.  IF REQUIRED PURSUANT TO REGULATIONS OF THE COMMISSIONER, A FEE FOR
ADMISSION TO LICENSING EXAMINATIONS AND/OR ASSESSMENTS  AND  A  FEE  FOR
EACH RE-EXAMINATION;
  C.  A FEE OF ONE HUNDRED THIRTY-FIVE DOLLARS FOR EACH TRIENNIAL REGIS-
TRATION PERIOD.
  S 8907. REQUIREMENTS FOR A LICENSE AS A TEACHING ASSISTANT.  1. TEMPO-
RARY TEACHING ASSISTANT LICENSE.  THE  DEPARTMENT  MAY  ISSUE  TEMPORARY
TEACHING  ASSISTANT  LICENSES,  VALID  FOR ONE YEAR AND RENEWABLE AT THE
DISCRETION OF THE COMMISSIONER, TO APPLICANTS WHO MEET THE  REQUIREMENTS
OF  THIS  SUBDIVISION.    TO  QUALIFY FOR A TEMPORARY TEACHING ASSISTANT
LICENSE, AN APPLICANT SHALL FULFILL THE REQUIREMENTS ESTABLISHED BY  THE
COMMISSIONER  IN  REGULATIONS  APPROVED  BY  THE  BOARD OF REGENTS AFTER
CONSULTATION WITH THE STATE BOARD, WHICH, AT A  MINIMUM,  SHALL  INCLUDE
THE FOLLOWING:
  A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  B. EDUCATION: HAVE RECEIVED AN EDUCATION, INCLUDING COMPLETION OF HIGH
SCHOOL  OR  ITS  EQUIVALENT, IN ACCORDANCE WITH THE COMMISSIONER'S REGU-
LATIONS;

S. 2113                             5                            A. 3043

  C. TRAINING: SUBMIT A CERTIFICATION BY THE SUPERINTENDENT  OF  SCHOOLS
OR  OTHER  CHIEF  SCHOOL OFFICER OF THE EMPLOYING SCHOOL THAT IN-SERVICE
TRAINING WILL BE PROVIDED TO THE APPLICANT DURING THE TERM OF THE TEMPO-
RARY LICENSE IN ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  D. AGE: BE AT LEAST EIGHTEEN YEARS OF AGE;
  E.  CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
MENT; AND
  F. FEES: PAY A FEE OF FIFTY DOLLARS FOR AN ANNUAL TEMPORARY LICENSE.
  G. REGISTRATION: A LICENSEE HOLDING A VALID TEMPORARY LICENSE SHALL BE
DEEMED REGISTERED DURING THE TERM OF THE TEMPORARY LICENSE  WITHOUT  THE
PAYMENT  OF  A  REGISTRATION  FEE,  EXCEPT THAT THIS PARAGRAPH SHALL NOT
APPLY TO A LICENSEE PRACTICING UNDER A PROFESSIONAL LICENSE AS A  TEACH-
ING ASSISTANT.
  2.  PROFESSIONAL  LICENSE.  IN  ORDER  TO  QUALIFY  FOR A PROFESSIONAL
LICENSE AS A TEACHING ASSISTANT, AN APPLICANT SHALL FULFILL ALL  OF  THE
REQUIREMENTS  FOR  A  TEMPORARY  LICENSE  AND  THE  FOLLOWING ADDITIONAL
REQUIREMENTS:
  A. APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  B. EDUCATION: HAVE COMPLETED ADDITIONAL EDUCATION AND/OR  TRAINING  IN
ACCORDANCE WITH THE COMMISSIONER'S REGULATIONS;
  C. EXPERIENCE: HAVE COMPLETED ONE YEAR OF SATISFACTORY EXPERIENCE AS A
TEACHING  ASSISTANT,  OR  EQUIVALENT  EXPERIENCE  AS  PRESCRIBED  IN THE
COMMISSIONER'S REGULATIONS; AND
  D. FEES: PAY A FEE OF FIFTY DOLLARS FOR A PROFESSIONAL LICENSE  AND  A
FEE OF FIFTY DOLLARS FOR EACH TRIENNIAL REGISTRATION PERIOD.
  S  8908.  LIMITED  PERMITS.    1. THE COMMISSIONER MAY, IN REGULATIONS
APPROVED BY THE BOARD OF  REGENTS  AFTER  CONSULTATION  WITH  THE  STATE
BOARD, PROVIDE FOR THE ISSUANCE OF PERMITS TO PRACTICE TEACHING THAT ARE
LIMITED  AS  TO ELIGIBILITY, PRACTICE AND DURATION. UPON APPROVAL OF THE
COMMISSIONER, A PERSON HAVING SPECIAL QUALIFICATIONS, AS DEFINED BY  THE
COMMISSIONER IN REGULATION, MAY BE ISSUED A LIMITED PERMIT AS A VISITING
LECTURER.
  2.  EXCEPT AS OTHERWISE PROVIDED IN THE REGULATIONS OF THE COMMISSION-
ER, A LIMITED PERMIT ISSUED PURSUANT TO THIS SECTION SHALL BE LIMITED IN
DURATION TO ONE SCHOOL YEAR. A PERMIT  MAY  BE  RENEWED  TO  THE  EXTENT
PROVIDED IN THE REGULATIONS OF THE COMMISSIONER.
  3.  FEES.  THE  FEE  FOR  A  LIMITED PERMIT SHALL BE PRESCRIBED BY THE
COMMISSIONER BY REGULATION.
  S 8909. EXEMPT PERSONS. THE  FOLLOWING  PERSONS  UNDER  THE  FOLLOWING
LIMITATIONS  MAY PRACTICE TEACHING WITHIN THE STATE WITHOUT A LICENSE OR
LIMITED PERMIT ISSUED PURSUANT TO THIS ARTICLE.
  1. A STUDENT ENROLLED IN AN APPROVED TEACHER EDUCATION PROGRAM AS PART
OF A SUPERVISED PRACTICUM.
  2. A TEACHER OR TEACHING ASSISTANT  EMPLOYED  BY  A  NONPUBLIC  SCHOOL
INCLUDING A NONPUBLIC SCHOOL WHICH OPERATES A PROGRAM SERVING SCHOOL-AGE
AND PRE-SCHOOL CHILDREN WITH DISABILITIES.
  S  8910.  SPECIAL PROVISIONS. 1. ANY PERSON WHO, ON THE EFFECTIVE DATE
OF THIS ARTICLE, HOLDS A PERMANENT CERTIFICATE  VALID  FOR  TEACHING  OR
PUPIL  PERSONNEL  SERVICE  BY  THE STATE OF NEW YORK PURSUANT TO SECTION
THREE THOUSAND FOUR OF THIS CHAPTER OR WAS LICENSED AS A TEACHER BY  THE
CITY  SCHOOL  DISTRICT  OF  THE  CITY OF BUFFALO OR NEW YORK, OR WHO WAS
OTHERWISE DEEMED CERTIFIED OR LICENSED AS A TEACHER BY ANY PROVISION  OF
LAW,  SHALL  BE  DEEMED PROFESSIONALLY LICENSED PURSUANT TO THIS ARTICLE
PROVIDED THAT ANY NEW REQUIREMENTS OR STANDARDS APPLICABLE TO THE  PRAC-
TICE  OF TEACHING SHALL APPLY TO SUCH PERSONS AT THE END OF THREE YEARS,
WHEN TRIENNIAL REGISTRATIONS MUST BE MAINTAINED.

S. 2113                             6                            A. 3043

  2. ANY PERSON WHO, ON THE EFFECTIVE DATE  OF  THIS  ARTICLE,  HOLDS  A
PROVISIONAL  CERTIFICATE  AS  A  TEACHER  MAY  BE  ISSUED A PROFESSIONAL
LICENSE PURSUANT TO THIS ARTICLE UPON FULFILLMENT  OF  THE  REQUIREMENTS
FOR  PERMANENT CERTIFICATION OR LICENSURE IN EFFECT WHEN THE PROVISIONAL
CERTIFICATE  WAS  ISSUED.  SUCH EXEMPTION SHALL LAPSE UPON EXPIRATION OF
THE TERM OR TIME VALIDITY OF THE PROVISIONAL CERTIFICATE.
  3. THE HOLDER OF SUCH A PERMANENT CERTIFICATE OR  PROVISIONAL  CERTIF-
ICATE  OR  LICENSE  SHALL  BE  DEEMED TO BE THE HOLDER OF A PROFESSIONAL
TEACHERS LICENSE FOR ALL PURPOSES UNDER THIS CHAPTER.
  4. THIS SPECIAL PROVISION SHALL EXTEND ONLY TO THE PRACTICE OF  TEACH-
ING  IN  THE  AREA  IN  WHICH  SUCH  PERSON  HOLDS SUCH CERTIFICATION OR
LICENSE.
  5. ANY PERSON WHO, ON THE EFFECTIVE DATE OF THIS ARTICLE, POSSESSES  A
VALID  CONTINUING  CERTIFICATE  AS  A TEACHING ASSISTANT THAT WAS ISSUED
PURSUANT TO SECTION THREE THOUSAND FOUR OF THIS CHAPTER  AND  THE  REGU-
LATIONS  OF  THE COMMISSIONER OR A VALID LICENSE AS A TEACHING ASSISTANT
ISSUED BY THE CITY SCHOOL DISTRICT OF THE CITY OF  BUFFALO  OR  A  VALID
LICENSE  ISSUED  BY THE CITY SCHOOL DISTRICT OF THE CITY OF NEW YORK FOR
THE TITLES OF TEACHER AIDES, EDUCATIONAL ASSISTANCE, EDUCATIONAL ASSOCI-
ATE, AUXILIARY  TRAINER,  BILINGUAL  PROFESSIONAL  ASSISTANT,  TEACHER'S
ASSISTANT  OR SUBSTITUTE VOCATIONAL ASSISTANT, SHALL BE DEEMED TO HOLD A
PERMANENT LICENSE AS A TEACHING ASSISTANT ISSUED PURSUANT TO THIS  ARTI-
CLE;  EXCEPT  THAT  ANY  NEW REQUIREMENTS OR STANDARDS APPLICABLE TO THE
PRACTICE OF TEACHING AS A TEACHING ASSISTANT SHALL APPLY TO SUCH PERSONS
AT THE END OF THREE YEARS WHEN TRIENNIAL  REGISTRATIONS  MUST  BE  MAIN-
TAINED.
  S  8911.  DISCIPLINARY PROCEDURES AND REMEDIES.  1. IN ADDITION TO THE
OFFENSES LISTED IN SECTION SIXTY-FIVE HUNDRED  NINE  OF  THIS  TITLE,  A
PROFESSIONAL  TEACHER OR LICENSED TEACHING ASSISTANT MAY BE FOUND GUILTY
OF GROSS PEDAGOGICAL INCOMPETENCY,  WHICH  SHALL  INCLUDE,  BUT  NOT  BE
LIMITED  TO,  LACK OF SUBSTANTIVE KNOWLEDGE OF THE SUBJECT MATTER IN THE
LICENSE AREA FOR WHICH A LICENSE HAS BEEN GRANTED, LACK OF SKILLS APPRO-
PRIATE TO TEACHING IN THE LICENSE AREA OR LACK OF  CONTINUED  COMPLIANCE
WITH ANY GROUND OR CONDITION FOR OBTAINING A LICENSE.
  2.  HEARINGS  ON COMPLAINTS OF GROSS PEDAGOGICAL INCOMPETENCY.  EXCEPT
AS OTHERWISE PROVIDED IN THIS SUBDIVISION, HEARINGS IN CONTESTED  DISCI-
PLINARY  PROCEEDINGS  IN  THE  TEACHING PROFESSION SHALL BE CONDUCTED IN
ACCORDANCE WITH SUBDIVISION THREE OF SECTION SIXTY-FIVE HUNDRED  TEN  OF
THIS TITLE.
  3. HEARING PANEL FOR COMPLAINTS OF GROSS PEDAGOGICAL INCOMPETENCY. FOR
COMPLAINTS  OF  GROSS  PEDAGOGICAL  INCOMPETENCY,  A  HEARING  SHALL  BE
CONDUCTED BEFORE A FIVE-MEMBER HEARING PANEL COMPOSED  OF  THREE  VOTING
MEMBERS OF THE STATE BOARD FOR TEACHING, AT LEAST ONE OF WHOM SHALL BE A
PUBLIC  REPRESENTATIVE,  AND  TWO  AUXILIARY  MEMBERS OF THE STATE BOARD
APPOINTED BY THE BOARD OF  REGENTS  PURSUANT  TO  SUBDIVISION  THREE  OF
SECTION  EIGHTY-NINE HUNDRED FOUR OF THIS ARTICLE. THE STATE BOARD SHALL
MAINTAIN LISTS OF AUXILIARY STATE BOARD MEMBERS COMPOSED  OF  PRACTICING
PROFESSIONAL TEACHERS IN EACH LICENSE AREA, AND A LIST COMPOSED OF PRAC-
TICING  LICENSED  TEACHING ASSISTANTS. THE COMMISSIONER SHALL APPOINT TO
EACH SUCH HEARING PANEL TWO AUXILIARY STATE BOARD MEMBERS FROM THE  LIST
WHICH  CORRESPONDS  TO  THE  LICENSE AREA OF THE LICENSEE WHO IS CHARGED
WITH GROSS PEDAGOGICAL INCOMPETENCY, PROVIDED THAT SUCH APPOINTMENTS MAY
BE MADE FROM THE LIST FOR ANY LICENSE AREA IN THE EVENT THAT THE  APPLI-
CABLE LIST IS EXHAUSTED.
  4. IN THE EVENT THAT THE BOARD OF REGENTS ISSUES AN ORDER REVOKING THE
LICENSE  OF A PROFESSIONAL TEACHER OR LICENSED TEACHING ASSISTANT, OR IN

S. 2113                             7                            A. 3043

THE EVENT OF FAILURE TO MAINTAIN REGISTRATION PURSUANT TO SECTION EIGHT-
Y-NINE HUNDRED SIX OF THIS ARTICLE  THE  EMPLOYING  SCHOOL  DISTRICT  OR
BOARD SHALL BE AUTHORIZED TO SUSPEND SUCH INDIVIDUAL WITHOUT PAY PENDING
A  FINAL  DECISION  ON  JUDICIAL REVIEW OF SUCH ORDER; PROVIDED THAT IF,
UPON COMPLETION OF JUDICIAL REVIEW, THE ORDER REVOKING  THE  LICENSE  OR
DENYING  REGISTRATION  OF  THE PROFESSIONAL TEACHER OR LICENSED TEACHING
ASSISTANT IS ANNULLED AND  SUCH  LICENSE  IS  RESTORED  OR  REGISTRATION
GRANTED,  THE  LICENSEE  SHALL BE ENTITLED TO REINSTATEMENT AND FULL PAY
FOR ANY PERIOD OF SUSPENSION. IF, UPON COMPLETION  OF  JUDICIAL  REVIEW,
THE ORDER OF THE REGENTS REVOKING THE LICENSE OR DENYING REGISTRATION IS
SUSTAINED,  THE  TEACHER  OR  TEACHING ASSISTANT SHALL BE DEEMED TO HAVE
VACATED HIS OR HER POSITION OF EMPLOYMENT AS OF THE DATE  THE  REGISTRA-
TION EXPIRED OR AS OF THE DATE THE LICENSE IS SURRENDERED TO THE DEPART-
MENT  OR  FIVE  DAYS  AFTER THE EFFECTIVE DATE OF SERVICE OF THE REGENTS
ORDER, WHICHEVER IS EARLIER.
  S 8912. PENALTIES UPON CONVICTION OF  A  FELONY.  NOTWITHSTANDING  THE
PROVISIONS OF SECTION SIXTY-FIVE HUNDRED ELEVEN OF THIS TITLE, A TEACHER
OR TEACHING ASSISTANT CONVICTED OF A FELONY SHALL AUTOMATICALLY LOSE HIS
OR HER LICENSE.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

senate Bill S2111

Sets forth the dates upon which interest shall be added to the first and second installments of real estate taxes in the county of Suffolk

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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Summary

Sets forth the dates upon which interest shall be added to the first and second installments of real estate taxes in the county of Suffolk; the first one-half of the tax on real estate which is due on the first day of December may be paid without penalty at any time on or before the succeeding tenth day of January and the second one-half of taxes due may be paid without penalty on the tenth day of May or any time thereafter, until, but not including the succeeding first day of June.

Bill Details

See Assembly Version of this Bill:
A3041
Versions:
S2111
Current Committee:
Law Section:
Suffolk County
Laws Affected:
Amd §§13 & 13-a, Chap 311 of 1920

Sponsor Memo

BILL NUMBER:S2111

TITLE OF BILL: An act to amend chapter 311 of the laws of 1920
relating to the assessment and collection of taxes in Suffolk county,
in relation to the authorization for two payments of such taxes

PURPOSE: To set forth the dates upon which interest shall be added to
the first and second installments of real estate taxes in the county
of Suffolk.

SUMMARY OF PROVISIONS:

Section 1. Amends section 13(c) of the Suffolk County Tax Act which
authorizes two payments of taxes.

The first one-half of the tax on real estate which is due on the first
day of December may be paid without penalty at any time on or before
the succeeding tenth day of January.

The second one-half of the tax on real estate which is due on the
preceding first day of December may be paid without penalty on the
tenth day of May or at any time thereafter, until, but not including
the succeeding first day of June. On all such second one-half of taxes
upon real estate remaining unpaid on the first day of June, one per
centum of the amount of the said one-half will be added for each month
or part thereof thereafter, until the return of the warrant to the
county treasurer.

Section 2. Amends subdivision 2 of section 13-a of the Suffolk County
Tax Act which sets out penalties and payment to county treasurer as
follows:

(2) the tax and five per cent penalty, plus interest on both such tax
and penalty computed at the rate as provided in section thirteen-c of
this tax act for each month, or part thereof, may be paid to the
county treasurer at any time before the first day of September
succeeding the date of the tax warrant.

JUSTIFICATION: This legislation remedies inequitable penalties for
installment payments in the Suffolk County Tax Act.

Currently, the Suffolk County Tax Act allows payments to be made in
two installments. The failure to pay the first installment on time
results in a penalty which starts at one percent and increases one
percent per month until the balance is paid.

The failure to pay the second installment on time results in a five
percent penalty on the entire unpaid balance plus an additional
penalty of one percent interest starting from February 1st. The result
is an unreasonable penalty should a taxpayer fail to pay the second
installment in a timely manner. This legislation would simply change
the penalties charged for the late payment of the second installment
of the Suffolk County real estate tax to correspond with the penalties
assessed on the first half of the installment payments.


LEGISLATIVE HISTORY: 2013-14 S.2009/A.1892; 2011-12 S.3449/A.5496;
2009-10 S.1077/A.3255; 2007-08, S.868/A.1752; 2005-06, S.1392/A.10252;
2003-04, S.6107.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2111                                                  A. 3041

                       2015-2016 Regular Sessions

                      S E N A T E - A S S E M B L Y

                            January 21, 2015
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Local Govern-
  ment

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Real Property Taxation

AN ACT to amend chapter 311 of the laws of 1920 relating to the  assess-
  ment  and  collection  of  taxes in Suffolk county, in relation to the
  authorization for two payments of such taxes

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision (c) of section 13 of chapter 311 of the laws of
1920,  relating  to  the  assessment  and collection of taxes in Suffolk
county, as amended by chapter 745 of the laws of  1959,  is  amended  to
read as follows:
  (c)  Authorization  for  two  payments  of  taxes. Not later than June
fifteenth in any year, the town board of any town  may  adopt  a  resol-
ution,  which shall be subject to a permissive referendum as hereinafter
provided; that after December first next succeeding all taxes upon  real
estate  in the tax roll shall be due and payable and shall be and become
liens on the real estate affected thereby, and shall be construed as and
deemed to be charges thereon on December first of  each  year,  and  not
earlier,  and  shall  remain  such liens until paid.  Provided, however,
that there shall be no penalty if one-half of all such taxes are paid to
the receiver on or before the succeeding tenth day of  January  and  the
second  one-half of all such taxes are paid to the receiver on or before
the succeeding thirty-first day of May.
  FIRST INSTALLMENT. THE FIRST ONE-HALF OF THE TAX ON REAL ESTATE  WHICH
IS  DUE  ON THE FIRST DAY OF DECEMBER MAY BE PAID WITHOUT PENALTY AT ANY
TIME ON OR BEFORE THE SUCCEEDING TENTH DAY OF JANUARY. On all such first
one-half of taxes upon real estate remaining unpaid on the tenth day  of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00818-01-5

S. 2111                             2                            A. 3041

January,  one  percentum  of  the amount of the said one-half of the tax
will be added, and an additional one percentum will be  added  for  each
month or part thereof thereafter, until the return of the warrant to the
county treasurer.
  SECOND  INSTALLMENT.  The  second  one-half  of the tax on real estate
which is due on the preceding first day of December may be paid  without
penalty  on  the  tenth day of May or at any time thereafter, until, but
not including, the succeeding first day of June[,  providing  the  first
one-half  of  such tax shall have been paid or shall be paid at the same
time]. ON ALL SUCH SECOND ONE-HALF OF TAXES UPON REAL  ESTATE  REMAINING
UNPAID  ON  THE  FIRST  DAY OF JUNE, ONE PER CENTUM OF THE AMOUNT OF THE
SAID ONE-HALF OF THE TAX WILL BE ADDED AND AN ADDITIONAL ONE PER  CENTUM
WILL  BE  ADDED  FOR  EACH  MONTH  OR PART THEREOF THEREAFTER, UNTIL THE
RETURN OF THE WARRANT TO THE COUNTY TREASURER. The  warrant  annexed  to
the tax roll of any town adopting such proposition and in which taxes on
real  estate are payable in installments shall be made to conform to the
provisions of this subdivision as hereby amended. Any such resolution of
the town board providing for the collection  of  taxes  in  installments
shall  not  take  effect until thirty days after its adoption; nor until
approved by the affirmative vote of a majority of the qualified electors
of such town voting upon a proposition therefor, if within  thirty  days
after  its  adoption  there  be  filed  with  the  town clerk a petition
subscribed and acknowledged as provided in article seven of the town law
with respect to the submission of a referendum on petition. If  a  peti-
tion  be  so  filed,  a  proposition for the approval of such resolution
shall be submitted at a general or special town election to be held  not
more  than  forty days after the filing of such petition.  Notice of the
election shall be given, such election held and the votes canvassed  and
result  certified  and  returned  in the manner provided by the town law
relating to the submission of questions upon town propositions.
  Notwithstanding the provisions of any general or special  law  to  the
contrary,  the  town  board  of any town may, by resolution, provide for
separating school taxes from all the  remainder  of  the  taxes,  to  be
collected  pursuant  to  the provisions of the tax warrant, also provide
for the collection and payment by the taxpayers of their school taxes at
one time, and the collection and payment of all  the  remainder  of  the
taxes  to be collected pursuant to the provisions of the tax warrant, at
another time or times, and further provide that separate bills be issued
and mailed and receipts given for payment of school taxes as well as for
all the  remainder  of  the  taxes  to  be  collected  pursuant  to  the
provisions of the tax warrant.
  S 2. Subdivision 2 of section 13-a of chapter 311 of the laws of 1920,
relating to the assessment and collection of taxes in Suffolk county, as
amended  by  chapter  847  of  the  laws  of 1984, is amended to read as
follows:
  (2) The tax and five per cent penalty, plus interest on both such  tax
and  penalty  computed  at the rate as provided in section thirteen-c of
this tax act for each month, or part thereof, [from  the  first  day  of
February  after the tax was levied,] may be paid to the county treasurer
at any time before the first day of September succeeding the date of the
tax warrant.
  S 3. This act shall take effect immediately.

senate Bill S2078

Authorizes an increase in the rent of a rent regulated housing accommodation when the tenants vacate and family members of such tenants renew the lease

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

Authorizes an increase in the rent of a rent regulated housing accommodation when the tenants vacate and family members of such tenants renew the lease.

Bill Details

Versions:
S2078
Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd §§26-403.2 & 26-512, NYC Ad Cd; amd §6, Emerg Ten Prot Act of 1974; amd §5, Emerg Hous Rent Cont L; amd §1, Chap 21 of 1962

Sponsor Memo

BILL NUMBER:S2078

TITLE OF BILL: An act to amend the administrative code of the city of
New York, the emergency tenant protection act of nineteen
seventy-four, the emergency housing rent control law and the local
emergency housing rent control act, in relation to rent increases for
rent regulated housing accommodations upon succession of the tenants

PURPOSE OR GENERAL IDEA OF BILL: This bill would allow property
owners of rent regulated properties, in instances where a family
member has succeeded to the prior tenant's tenancy, to obtain vacancy
increases and other increases which would have been authorized had the
succeeding tenant not been a family member. The bill also provides for
a one time right of family succession.

SUMMARY OF SPECIFIC PROVISIONS: This bill amends the emergency
housing rent control law, the emergency tenant protection act of 1974
and the administrative code of the city of New York to authorize
property owners to treat instances where family members succeed to the
tenancy of a rent regulated apartment upon the permanent departure of
the initial tenant as a vacancy for the purposes of rent increases.
This bill amends the provisions of the Rent Regulation Reform Act
which permits these increases upon the second, as opposed to the
initial, succession.

JUSTIFICATION: In every rental situation outside of rent control and
rent stabilization, a property owner who enters into a lease with the
person named in the lease knows that the lease obligations terminate
with the death or departure of the tenant and that no other persons
have any rights to continue in occupancy. Family members or others who
seek to remain in occupancy may do so subject to the consent of the
property owner and are subject to any and all rent increases and other
lease terms as may be agreed upon between them.

The rules under rent regulation are different. Persons who qualify as
family members of the named tenant are, assuming they meet various
legal qualifications, entitled to succeed to a tenancy and are
insulated from the vacancy and other lease increases to which any
other new tenant would be subject, and to which a property owner would
ordinarily be entitled, if such persons were not family members. Under
current law, those persons who succeed to the tenancy of the lessee
family member are subject only to the same renewal lease increases
that the family member would have been charged. In those instances,
property owners are deprived of the vacancy and other increases they
would otherwise receive if succession did not occur.

This bill does not affect the rights of persons entitled to initially
succeed to the apartments that were previously occupied by a family
member. It does, however, provide for a one-time only right of
succession for family members, providing that after the initial
renewal lease, no other family members shall be entitled to subsequent
succession. This bill also allows property owners to obtain the
vacancy and other lease increases they would have obtained had the
family members not succeeded to the apartment.

PRIOR LEGISLATIVE HISTORY: 2013,2014: S.3672 Referred to Housing,
Construction and Community Development 2011,2012: S.6472 Passed Senate


FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2078

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Housing, Construction  and
  Community Development

AN  ACT  to  amend  the administrative code of the city of New York, the
  emergency tenant protection act of nineteen seventy-four, the emergen-
  cy housing rent control law  and  the  local  emergency  housing  rent
  control  act, in relation to rent increases for rent regulated housing
  accommodations upon succession of the tenants

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 26-403.2 of the administrative code of the city of
New York, as added by chapter 116 of the laws of  1997,  is  amended  to
read as follows:
  S  26-403.2  Increase in maximum collectable rent. Notwithstanding any
provision of this law to the contrary, in the  case  where  all  tenants
occupying  the  housing  accommodation  on  the  effective  date of this
section have vacated the housing accommodation and a  family  member  of
such  vacating  tenant or tenants is entitled to and continues to occupy
the housing accommodation subject to the protections of  this  law,  [if
such accommodation continues to be subject to this law after such family
member vacates,] on the occurrence of such vacancy the maximum collecta-
ble  rent  OF  SUCH  FAMILY  MEMBER  OF  SUCH TENANT OR TENANTS shall be
increased by a sum equal to the allowance then  in  effect  for  vacancy
leases  for housing accommodations covered by the rent stabilization law
of nineteen hundred sixty-nine, including the amount  allowed  by  para-
graph  five-a  of  subdivision  c  of  section  26-511 of such law. This
increase shall be in addition to any other  increases  provided  for  in
this law including an adjustment based upon a major capital improvement,
or  a  substantial increase or decrease in dwelling space or a change in
the services, furniture, furnishings or equipment provided in the  hous-
ing  accommodation, pursuant to section 26-405 of this law [and shall be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07555-01-5

S. 2078                             2

applicable in like manner to each second subsequent  succession].  WHERE
ALL TENANTS NAMED IN A LEASE HAVE PERMANENTLY VACATED A HOUSING ACCOMMO-
DATION  AND  A  FAMILY  MEMBER  OF SUCH TENANT OR TENANTS HAS EXECUTED A
RENEWAL  LEASE  FOR  THE  HOUSING ACCOMMODATION, NO OTHER FAMILY MEMBERS
SHALL THEREAFTER BE ENTITLED TO EXECUTE A RENEWAL LEASE FOR SUCH HOUSING
ACCOMMODATION.
  S 2.  Subdivision f of section 26-512 of the  administrative  code  of
the  city  of  New York, as added by chapter 116 of the laws of 1997, is
amended to read as follows:
  f. Notwithstanding any provision of this law to the contrary,  in  the
case where all tenants named in a lease have permanently vacated a hous-
ing accommodation and a family member of such tenant or tenants is enti-
tled  to  and executes a renewal lease for the housing accommodation [if
such accommodation continues to be subject to this law after such family
member vacates, on the occurrence of such vacancy], the legal  regulated
rent  OF SUCH FAMILY MEMBER FOR SUCH RENEWAL LEASE shall be increased by
a sum equal to the allowance then in effect for vacancy leases,  includ-
ing the amount allowed by paragraph (five-a) of subdivision c of section
26-511  of  this  law.  Such  increase shall be in addition to any other
increases provided for in this law including an adjustment based upon  a
major  capital improvement, or a substantial modification or increase of
dwelling space or services, or installation of new equipment or improve-
ments or new furniture or furnishings provided  in  or  to  the  housing
accommodation  pursuant  to  section  26-511  of  this law [and shall be
applicable in like manner to each second subsequent  succession].  WHERE
ALL TENANTS NAMED IN A LEASE HAVE PERMANENTLY VACATED A HOUSING ACCOMMO-
DATION  AND  A  FAMILY  MEMBER  OF SUCH TENANT OR TENANTS HAS EXECUTED A
RENEWAL LEASE FOR THE HOUSING ACCOMMODATION,  NO  OTHER  FAMILY  MEMBERS
SHALL THEREAFTER BE ENTITLED TO EXECUTE A RENEWAL LEASE FOR SUCH HOUSING
ACCOMMODATION.
  S  3.  Subdivision  g  of section 6 of section 4 of chapter 576 of the
laws of 1974, constituting the emergency tenant protection act of  nine-
teen  seventy-four,  as  added  by  chapter  116 of the laws of 1997, is
amended to read as follows:
  g. Notwithstanding any provision of this act to the contrary,  in  the
case where all tenants named in a lease have permanently vacated a hous-
ing accommodation and a family member of such tenant or tenants is enti-
tled  to  and executes a renewal lease for the housing accommodation [if
such accommodation continues to be subject to this act after such family
member vacates, on the occurrence of such vacancy], the legal  regulated
rent  OF SUCH FAMILY MEMBER FOR SUCH RENEWAL LEASE shall be increased by
a sum equal to the allowance then in effect for vacancy leases,  includ-
ing  the amount allowed by subdivision (a-1) of section ten of this act.
Such increase shall be in addition to any other increases  provided  for
in  this act including an adjustment based upon a major capital improve-
ment, or a substantial modification or increase  of  dwelling  space  or
services, or installation of new equipment or improvements or new furni-
ture  or furnishings provided in or to the housing accommodation, pursu-
ant to section six of this act [and shall be applicable in  like  manner
to  each  second  subsequent succession].   WHERE ALL TENANTS NAMED IN A
LEASE HAVE PERMANENTLY VACATED A  HOUSING  ACCOMMODATION  AND  A  FAMILY
MEMBER  OF  SUCH  TENANT OR TENANTS HAS EXECUTED A RENEWAL LEASE FOR THE
HOUSING ACCOMMODATION, NO OTHER FAMILY MEMBERS SHALL THEREAFTER BE ENTI-
TLED TO EXECUTE A RENEWAL LEASE FOR SUCH HOUSING ACCOMMODATION.

S. 2078                             3

  S 4. Subdivision 9 of section 5 of chapter 274 of the  laws  of  1946,
constituting the emergency housing rent control law, as added by chapter
116 of the laws of 1997, is amended to read as follows:
  9.  Notwithstanding  any provision of this law to the contrary, in the
case where all tenants occupying the housing accommodation on the effec-
tive date of this subdivision have vacated the housing accommodation and
a family member of such vacating tenant or tenants is  entitled  to  and
continues to occupy the housing accommodation subject to the protections
of  this law, [if such accommodation continues to be subject to this law
after such family member vacates,] on the occurrence of such vacancy the
maximum collectable rent OF SUCH FAMILY MEMBER OF SUCH TENANT OR TENANTS
shall be increased by a sum equal to the allowance then  in  effect  for
vacancy leases for housing accommodations covered by the rent stabiliza-
tion law of nineteen hundred sixty-nine, including the amount allowed by
paragraph  five-a  of  subdivision c of section 26-511 of such law. This
increase shall be in addition to any other increases  provided  in  this
law including an adjustment based upon a major capital improvement, or a
substantial  increase  or  decrease in dwelling space or a change in the
services, furniture, furnishings or equipment provided  in  the  housing
accommodation, pursuant to section four of this law [and shall be appli-
cable  in  like manner to each second subsequent succession].  WHERE ALL
TENANTS NAMED IN A LEASE HAVE PERMANENTLY  VACATED  A  HOUSING  ACCOMMO-
DATION  AND  A  FAMILY  MEMBER  OF SUCH TENANT OR TENANTS HAS EXECUTED A
RENEWAL LEASE FOR THE HOUSING ACCOMMODATION,  NO  OTHER  FAMILY  MEMBERS
SHALL THEREAFTER BE ENTITLED TO EXECUTE A RENEWAL LEASE FOR SUCH HOUSING
ACCOMMODATION.
  S 5. The sixth undesignated paragraph of subdivision 5 of section 1 of
chapter  21  of  the laws of 1962, constituting the local emergency rent
control act, as amended by chapter 82 of the laws of 2003, is amended to
read as follows:
  Notwithstanding any provision of this act to the contrary,  any  local
law  adopted pursuant to this act shall provide that notwithstanding any
provision of such local law in the case where all tenants occupying  the
housing  accommodation  on  the  effective  date  of this paragraph have
vacated the housing accommodation and a family member of  such  vacating
tenant  or  tenants  is  entitled to and continues to occupy the housing
accommodation subject to the protections of such act, [if such  accommo-
dation  continues  to  be  subject  to such act after such family member
vacates,] on the occurrence of such vacancy the maximum collectable rent
OF SUCH FAMILY MEMBER OF SUCH TENANT OR TENANTS shall be increased by  a
sum equal to the allowance then in effect for vacancy leases for housing
accommodations covered by the rent stabilization law of nineteen hundred
sixty-nine,  including the amount allowed by paragraph (5-a) of subdivi-
sion c of section 26-511 of such law. This increase shall be in addition
to any other increases provided for in this act [and shall be applicable
in like manner to each second subsequent succession].  WHERE ALL TENANTS
NAMED IN A LEASE HAVE PERMANENTLY VACATED A HOUSING ACCOMMODATION AND  A
FAMILY MEMBER OF SUCH TENANT OR TENANTS HAS EXECUTED A RENEWAL LEASE FOR
THE  HOUSING  ACCOMMODATION, NO OTHER FAMILY MEMBERS SHALL THEREAFTER BE
ENTITLED TO EXECUTE A RENEWAL LEASE FOR SUCH HOUSING ACCOMMODATION.
  S 6. This act shall take effect immediately and  shall  apply  to  all
leases  and renewal leases in effect immediately prior to such effective
date, including renewal leases executed by a family member of  a  tenant
or  tenants  named  in  a  lease  who have permanently vacated a housing
accommodation; provided, that:

S. 2078                             4

  (a) the amendments to section 26-403.2 of the city rent and  rehabili-
tation  law  made  by section one of this act shall remain in full force
and effect only as long as the public emergency requiring the regulation
and control of residential rents and evictions continues, as provided in
subdivision  3  of section 1 of the local emergency housing rent control
act;
  (b) that the amendments to subdivision f of section 26-512 of  chapter
4 of title 26 of the administrative code of the city of New York made by
section  two  of  this  act  shall  expire  on the same date as such law
expires and shall not affect the expiration  of  such  law  as  provided
under section 26-520 of such law;
  (c)  the  amendments  to  subdivision  g of section 6 of the emergency
tenant protection act of nineteen seventy-four made by section three  of
this act shall expire on the same date as such act expires and shall not
affect  the  expiration of such act as provided in section 17 of chapter
576 of the laws of 1974;
  (d) the amendments to subdivision 9 of  section  5  of  the  emergency
housing  rent  control law made by section four of this act shall expire
on the same date as such law expires and shall not affect the expiration
of such law as provided in subdivision 2 of section 1 of chapter 274  of
the laws of 1946; and
  (e) the amendments to subdivision 5 of section 1 of the local emergen-
cy housing rent control act, made by section five of this act, shall not
affect  the  effectiveness  of such subdivision and shall cease to be in
full force and effect pursuant to subdivision 3 of such section.

senate Bill S2048

Establishes certification procedures for the profession of nurse anesthesia

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

Establishes certification procedures for the profession of nurse anesthesia; provides for the issuance of a certification to practice as a certified registered nurse anesthetist upon the filing of an application, having a license as a registered professional nurse, having the appropriate educational requirements and paying the fifty dollar initial certification fee and the triennial thirty dollar registration fee.

Bill Details

See Assembly Version of this Bill:
A3941
Versions:
S2048
Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §6902, add §6912, Ed L

Sponsor Memo

BILL NUMBER:S2048

TITLE OF BILL: An act to amend the education law, in relation to the
profession of nurse anesthesia

PURPOSE OR GENERAL IDEA OF BILL:

This act codifies the profession of nurse anesthesia as a specialty of
the profession of nursing.

SUMMARY OF SPECIFIC PROVISIONS:

Amends section 6902 of the education law by adding a new subdivision 4
which sets out the definition of certified registered nurse
anesthetists, and adds section 6911 regarding the education and
training of nurse anesthetists.

JUSTIFICATION:

Currently, New York State law does not codify the practice of nurse
anesthesia. Instead, the scope of this practice has been defined
through educational requirements and Health Department regulations.

Existing requirements for training, education, and certification of
certified register nurse anesthetists (CRNAs) have resulted in high
quality, professional care by CRNAs. Statutory codification would
resolve problems relating to liability, supervision, and authority to
administer anesthesia.

This legislation was developed with the support of the New York state
Association of Nurse Anesthetists.

PRIOR LEGISLATIVE HISTORY:

2003-04: A.5021-A - Referred to Higher Education Committee
2005-06: A.4015-A - Referred to Higher Education Committee
2007-08: A.5201- Referred to Higher Education Committee
2009-10: S.2388/A.1727 (Gottfried) - Referred to Higher Education
Committee and then Committed to Rules

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2048

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen. HASSELL-THOMPSON -- read twice and ordered printed,
  and when printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in  relation  to  the  profession  of
  nurse anesthesia

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative  intent.  The  legislature  hereby  finds  that
certified  registered nurse anesthetists are highly educated and trained
advanced practice nurses who hold a national professional certification,
and whose competency in the professional practice of nurse anesthesia in
hospitals, free-standing ambulatory surgery  centers,  clinics,  profes-
sional  offices  and  other facilities is well known. Nurse anesthetists
are integral to the continued professional delivery of services in  such
health care facilities throughout the state.
  The  legislature  further  finds  that  statutory recognition of nurse
anesthetists will further enhance  patient  safety  by  codifying  their
professional  scope of practice that is currently governed in this state
by regulations promulgated pursuant to the public health law in the case
of hospitals and ambulatory surgery centers.
  The legislature also finds that while nurse anesthetists are  advanced
practice  nurses, licensed as registered professional nurses under arti-
cle 139 of the education law, no provision  of  this  act  is  meant  to
limit,  diminish  or in any way impinge upon the practice of the profes-
sion of nursing as a registered professional nurse under such article.
  Therefore, the legislature hereby declares that, due to the  intrinsic
nature  of  the administration of anesthesia services, the integral part
that certified registered nurse anesthetists play in the  safe  delivery
of  such  services and the need to protect and enhance patient safety in
all health care facilities, it is in the interest of the people of  this
state to recognize the national professional certification of registered
nurse  anesthetists  and  that  the  existing scope of practice of nurse

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02789-01-5

S. 2048                             2

anesthesia, as currently practiced in this state, be codified  in  stat-
ute.
  S  2.    Section  6902 of the education law is amended by adding a new
subdivision 4 to read as follows:
  4. (A) THE PRACTICE OF REGISTERED PROFESSIONAL NURSING BY A  CERTIFIED
REGISTERED NURSE ANESTHETIST, CERTIFIED UNDER SECTION SIXTY-NINE HUNDRED
TWELVE  OF  THIS  ARTICLE  MAY INCLUDE THE PRACTICE OF NURSE ANESTHESIA.
NURSE ANESTHESIA INCLUDES: THE ADMINISTRATION OF  ANESTHESIA  AND  ANES-
THESIA  RELATED CARE TO PATIENTS; PREANESTHETICS EVALUATION AND PREPARA-
TION; ANESTHETIC INDUCTION, MAINTENANCE AND EMERGENCE;  POST  ANESTHESIA
CARE;  PERIANESTHETICS  AND CLINICAL SUPPORT FUNCTIONS; AND PAIN MANAGE-
MENT, IN COLLABORATION WITH A LICENSED PHYSICIAN  QUALIFIED  BY  LAW  TO
DETERMINE  THE  NEED FOR ANESTHESIA SERVICES, PROVIDED SUCH SERVICES ARE
PERFORMED IN ACCORDANCE WITH A WRITTEN PRACTICE  AGREEMENT  AND  WRITTEN
PRACTICE PROTOCOLS. THE WRITTEN PRACTICE AGREEMENT SHALL INCLUDE EXPLIC-
IT PROVISIONS FOR THE RESOLUTION OF ANY DISAGREEMENT BETWEEN THE COLLAB-
ORATING PHYSICIAN AND THE CERTIFIED REGISTERED NURSE ANESTHETIST REGARD-
ING  A  MATTER  OF  ANESTHESIA  TREATMENT  THAT  IS  WITHIN THE SCOPE OF
PRACTICE OF BOTH. TO THE EXTENT  THE  PRACTICE  AGREEMENT  DOES  NOT  SO
PROVIDE, THEN THE COLLABORATING PHYSICIAN'S TREATMENT SHALL PREVAIL.
  (B)  PRESCRIPTIONS  FOR  DRUGS,  DEVICES  AND ANESTHETIC AGENTS MAY BE
ISSUED BY A CERTIFIED REGISTERED NURSE ANESTHETIST, UNDER THIS  SUBDIVI-
SION  AND  SECTION SIXTY-NINE HUNDRED TWELVE OF THIS ARTICLE, IN ACCORD-
ANCE WITH THE PRACTICE AGREEMENT AND PRACTICE PROTOCOLS.  THE  CERTIFIED
REGISTERED NURSE ANESTHETIST SHALL OBTAIN A CERTIFICATE FROM THE DEPART-
MENT  UPON  SUCCESSFULLY  COMPLETING  A PROGRAM INCLUDING AN APPROPRIATE
PHARMACOLOGY COMPONENT, OR ITS EQUIVALENT, AS ESTABLISHED BY THE COMMIS-
SIONER'S REGULATIONS, PRIOR TO PRESCRIBING UNDER THIS  SUBDIVISION.  THE
CERTIFICATE ISSUED UNDER SECTION SIXTY-NINE HUNDRED TWELVE OF THIS ARTI-
CLE  SHALL  STATE WHETHER THE CERTIFIED REGISTERED NURSE ANESTHETIST HAS
SUCCESSFULLY COMPLETED SUCH A PROGRAM OR EQUIVALENT AND IS AUTHORIZED TO
PRESCRIBE UNDER THIS SUBDIVISION.
  (C) EACH PRACTICE AGREEMENT SHALL PROVIDE FOR PATIENT  RECORDS  REVIEW
BY  THE COLLABORATING PHYSICIAN IN A TIMELY FASHION BUT IN NO EVENT LESS
OFTEN THAN EVERY THREE MONTHS. THE NAMES  OF  THE  CERTIFIED  REGISTERED
NURSE ANESTHETIST AND THE COLLABORATING PHYSICIAN SHALL BE CLEARLY POST-
ED  IN  THE  PRACTICE SETTING OF THE CERTIFIED REGISTERED NURSE ANESTHE-
TIST.
  (D) THE PRACTICE PROTOCOL SHALL REFLECT CURRENT ACCEPTED  MEDICAL  AND
NURSING PRACTICE. THE PROTOCOLS SHALL BE FILED WITH THE DEPARTMENT WITH-
IN  NINETY  DAYS  OF THE COMMENCEMENT OF THE PRACTICE AND MAY BE UPDATED
PERIODICALLY. THE COMMISSIONER SHALL MAKE REGULATIONS  ESTABLISHING  THE
PROCEDURE  FOR THE REVIEW OF PROTOCOLS AND THE DISPOSITION OF ANY ISSUES
ARISING FROM SUCH REVIEW.
  (E) NO PHYSICIAN SHALL ENTER INTO PRACTICE AGREEMENTS WITH  MORE  THAN
FOUR  CERTIFIED REGISTERED NURSE ANESTHETISTS WHO ARE NOT LOCATED ON THE
SAME PHYSICAL PREMISES AS THE COLLABORATING PHYSICIAN.
  (F) NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO LIMIT  OR  DIMINISH
THE  PRACTICE  OF THE PROFESSION OF NURSING AS A REGISTERED PROFESSIONAL
NURSE UNDER THIS ARTICLE OR ANY OTHER LAW, RULE, REGULATION  OR  CERTIF-
ICATION,  NOR  TO DENY ANY REGISTERED PROFESSIONAL NURSE THE RIGHT TO DO
ANY ACT OR ENGAGE IN ANY PRACTICE AUTHORIZED  BY  THIS  ARTICLE  OR  ANY
OTHER LAW, RULE, REGULATION OR CERTIFICATION.
  (G) THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY TO ANY ACTIVITY
AUTHORIZED,  PURSUANT TO STATUTE, RULE OR REGULATION, TO BE PERFORMED BY

S. 2048                             3

A REGISTERED PROFESSIONAL NURSE IN A  HOSPITAL  AS  DEFINED  IN  ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
  S 3. The education law is amended by adding a new section 6912 to read
as follows:
  S 6912. CERTIFICATES FOR NURSE ANESTHESIA PRACTICE. 1. FOR ISSUANCE OF
A  CERTIFICATE  TO  PRACTICE AS A CERTIFIED REGISTERED NURSE ANESTHETIST
UNDER SUBDIVISION FOUR OF SECTION SIXTY-NINE HUNDRED TWO OF  THIS  ARTI-
CLE, THE APPLICANT SHALL FULFILL THE FOLLOWING REQUIREMENTS:
  (A) APPLICATION: FILE AN APPLICATION WITH THE DEPARTMENT;
  (B)  LICENSE:  BE  LICENSED  AS A REGISTERED PROFESSIONAL NURSE IN THE
STATE;
  (C) EDUCATION: (I) HAVE SATISFACTORILY COMPLETED EDUCATIONAL  PREPARA-
TION  FOR  PROVISION  OF  THESE  SERVICES IN A PROGRAM REGISTERED BY THE
DEPARTMENT OR IN A PROGRAM ACCREDITED BY A NATIONAL BODY  RECOGNIZED  BY
THE DEPARTMENT OR DETERMINED BY THE DEPARTMENT TO BE THE EQUIVALENT; AND
(II)  SUBMIT  EVIDENCE  OF CURRENT CERTIFICATION OR RECERTIFICATION BY A
NATIONAL CERTIFYING BODY, RECOGNIZED BY THE DEPARTMENT;
  (D) FEES: PAY A FEE TO THE DEPARTMENT OF FIFTY DOLLARS FOR AN  INITIAL
CERTIFICATE AUTHORIZING NURSE ANESTHESIA PRACTICE AND A TRIENNIAL REGIS-
TRATION FEE OF THIRTY DOLLARS.
  AFTER A CERTIFIED REGISTERED NURSE ANESTHETIST'S INITIAL REGISTRATION,
REGISTRATION  UNDER THIS SECTION SHALL BE COTERMINOUS WITH THE CERTIFIED
REGISTERED NURSE ANESTHETIST'S REGISTRATION AS A PROFESSIONAL NURSE.
  2. ONLY A PERSON CERTIFIED UNDER THIS  SECTION  SHALL  USE  THE  TITLE
"CERTIFIED REGISTERED NURSE ANESTHETIST".
  3.  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY ACT OR PRAC-
TICE AUTHORIZED BY ANY OTHER LAW, RULE, REGULATION OR CERTIFICATION.
  4. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  ANY  ACTIVITY
AUTHORIZED,  PURSUANT TO STATUTE, RULE OR REGULATION, TO BE PERFORMED BY
A REGISTERED PROFESSIONAL NURSE IN A  HOSPITAL  AS  DEFINED  IN  ARTICLE
TWENTY-EIGHT OF THE PUBLIC HEALTH LAW.
  5.  AN  INDIVIDUAL WHO IS AUTHORIZED TO PRACTICE AS A CERTIFIED REGIS-
TERED NURSE ANESTHETIST IN A HOSPITAL UNDER REGULATIONS OF  THE  DEPART-
MENT  OF  HEALTH  MAY USE THE TITLE "CERTIFIED REGISTERED NURSE ANESTHE-
TIST" IN CONNECTION WITH THAT PRACTICE.  IF SUCH AN  INDIVIDUAL  APPLIES
FOR  A  CERTIFICATE UNDER THIS SECTION, HE OR SHE MAY SATISFY THE EDUCA-
TION REQUIREMENT OF SUBDIVISION ONE OF THIS SECTION BY PRESENTING SATIS-
FACTORY EVIDENCE OF SUCH AUTHORITY.
  6.  (A)  A  REGISTERED  PROFESSIONAL  NURSE  LICENSED  UNDER   SECTION
SIXTY-NINE HUNDRED FIVE OF THIS ARTICLE WHO HAS SATISFACTORILY COMPLETED
A  PROGRAM  OF EDUCATIONAL PREPARATION AS PROVIDED IN SUBDIVISION ONE OF
THIS SECTION MAY, FOR A PERIOD NOT TO EXCEED  TWENTY-FOUR  MONTHS  IMME-
DIATELY  FOLLOWING  THE COMPLETION OF SUCH EDUCATIONAL PROGRAM, PRACTICE
NURSE ANESTHESIA UNDER SUBDIVISION FOUR OF  SECTION  SIXTY-NINE  HUNDRED
TWO  OF  THIS ARTICLE AS A GRADUATE NURSE ANESTHETIST IN THE SAME MANNER
AS A CERTIFIED REGISTERED NURSE ANESTHETIST UNDER THAT SUBDIVISION.
  (B) A REGISTERED PROFESSIONAL NURSE LICENSED UNDER SECTION  SIXTY-NINE
HUNDRED FIVE OF THIS ARTICLE WHO IS DULY ENROLLED IN A PROGRAM OF EDUCA-
TIONAL  PREPARATION,  MAY  PRACTICE  NURSE ANESTHESIA AS A STUDENT NURSE
ANESTHETIST UNDER THE SUPERVISION OF AN ANESTHESIOLOGIST OR A  CERTIFIED
REGISTERED NURSE ANESTHETIST, WHO IS IMMEDIATELY AVAILABLE AS NEEDED.
  7.  THE COMMISSIONER IS AUTHORIZED TO PROMULGATE REGULATIONS TO IMPLE-
MENT THE PROVISIONS OF THIS SECTION.
  S 4. This act shall take effect immediately.

senate Bill S2010

Enacts into law major components of legislation necessary to implement the state budget for the 2015-2016 state fiscal year

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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Summary

Relates to admission requirements for graduate-level teacher education programs, institution deregistration and suspension, teacher registration and continuing teacher education requirements; relates to establishing the New York state masters-in-education teacher incentive scholarship program; relates to annual professional performance reviews for classroom teachers and building principals; relates to mayoral control of the school district in New York city; relates to school aid increase linkage.

Bill Details

See Assembly Version of this Bill:
A3010
Versions:
S2010
Current Committee:
Law Section:
Budget Bills
Laws Affected:
Amd Ed L, generally; amd §34, Chap 91 of 2002; amd §17, Chap 345 of 2009; amd Part A §1, Chap 57 of 2013

Sponsor Memo

BILL NUMBER:S2010

TITLE OF BILL: An act to amend the education law, in relation to
admission requirements for graduate-level teacher education programs,
institution deregistration and suspension, teacher registration and
continuing teacher education requirements (Subpart A); to amend the
education law, in relation to establishing the New York state
masters-in-education teacher incentive scholarship program (Subpart
B); to amend the education law, in relation to the appointment of
teachers, principals, administrators, supervisors and all other
members of the teaching and supervising staff of school districts
(Subpart C); to amend the education law, in relation to takeover and
restructuring of failing school districts (Subpart D); to amend the
education law, in relation to disciplinary procedures for ineffective
teaching or performance by a building principal or teacher (Subpart
E); and to amend the education law, in relation to charter schools
(Subpart F) (Part A); to amend the education law, in relation to
annual professional performance reviews for classroom teachers and
building principals (Part B); to amend chapter 91 of the laws of 2002
amending the education law and other laws relating to the
reorganization of the New York city school construction authority,
board of education and community boards, in relation to the
effectiveness thereof; and to amend chapter 345 of the laws of 2009
amending the education law relating to the New York city board of
education, chancellor, community councils and community
superintendents, in relation to the effectiveness thereof (Part C);
and to amend the education law, in relation to school aid increase
linkage and to amend part A of chapter 57 of the laws of 2013 relating
to school district eligibility for an increase in apportionment of
school aid and implementation of standards for conducting annual
professional performance reviews to determine teacher and principal
effectiveness, in relation to apportionment of general support for
public schools (Part D)

Purpose:

This bill contains various provisions necessary to implement the
Education Opportunity Agenda.

Statement in Support, Summary of Provisions, Existing Law, and Prior
Legislative History:

This bill would enact provisions to implement the Education
Opportunity Agenda. This bill would require the legislative enactment
of these provisions to implement the 201516 Executive Budget School
Aid increase for the 2015-16 school year Significant provisions of
this bill include

PART A

Teacher Certification and Preparation. This bill would deregister any
teacher preparation programs where fifty percent of the students have
failed a teacher certification program for three consecutive years,
and add statewide admission requirements to institutions of higher
education teacher preparation programs. This bill would require that
teachers must re-register their teaching certificate with the State


Education Department every five years, as well as require professional
development as a condition of re-registration.

Masters-in-Education Scholarship. This bill would provide a
scholarship for New York residents to attend the City University of
New York or the State University of New York teacher preparation
graduate programs, provided they commit to teach in a New York public
school for five years.

Tenure. This bill would change the tenure process for all new teachers
to require that all new teachers shall remain on probation until they
receive five consecutive effective or highly effective ratings on the
state teacher evaluation system.

Failing Schools. This bill would authorize the Commissioner of
Education to designate failing schools and appoint a receiver for the
underperforming school or district. The receiver shall have the rights
of a superintendent and the school board, and will create and enact a
plan to rapidly improve student achievement, which shall include plan
elements such as the implementation of community schools, the
alteration of curriculum, and the provision of financial incentives to
recruit and retain staff

Teacher Dismissal. This bill would immediately revoke the teaching
certificate of any person who is convicted of a violent felony against
a child, as well requiring suspension without pay for any teacher
accused of abuse of a child This bill would also require that all
disciplinary hearings be held before a single hearing officer, remove
requirements which prevent children from testifying in writing or by
video, and significantly reduce the burden for a district to remove a
teacher that receives two ineffective ratings in a row.

Charter Schools. This bill would increase the statewide cap on the
number of charters issued by the Board of Regents and the State
University of New York; remove specific limits on the numbers of
charters issued by region; and remove specific limits on the number of
charters each authorizer can each issue under the cap. This bill would
increase the Charter School Supplemental Basic Tuition to $425 per
pupil in 2015-16 and $575 in 2016-17. This bill would also enact new
data reporting requirements and lottery preferences for charter
schools.

PART B

Teacher Evaluation. This bill would change the components of the
teacher evaluation system to remove the local test portion This bill
would require the weightings of the score components to be fifty
percent state tests and other comparable measures and fifty percent
classroom observations. Thirty-five of these fifty percentage points
would be determined by an independent observer. This bill would also
disallow students from having an ineffective teacher in two
consecutive years.

PART C

Mayoral Control. This bill would extend the current system of mayoral
control of New York City public schools for three years.


PART D

Conditioning School Aid increases on Meaningful Reform: This bill
would require certain provisions of the Educational Opportunity Agenda
to be enacted in order to authorize an increase in a school's district
State Aid.

Budget Implications

Enactment of this bill is necessary to implement the 2015-16 Executive
Budget.

Effective Date

This bill takes effect April 1, 2015, except that selected provisions
take effect immediately or on other specified dates.

The provisions of this act shall take effect immediately, provided,
however, that the applicable effective date of each part of this act
shall be as specifically set forth in the last section of such part.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 2010                                                  A. 3010

                      S E N A T E - A S S E M B L Y

                            January 21, 2015
                               ___________

IN  SENATE -- A BUDGET BILL, submitted by the Governor pursuant to arti-
  cle seven of the Constitution -- read twice and ordered  printed,  and
  when printed to be committed to the Committee on Finance

IN  ASSEMBLY  --  A  BUDGET  BILL, submitted by the Governor pursuant to
  article seven of the Constitution -- read once  and  referred  to  the
  Committee on Ways and Means

AN ACT to amend the education law, in relation to admission requirements
  for graduate-level teacher education programs, institution deregistra-
  tion  and  suspension,  teacher  registration  and  continuing teacher
  education requirements (Subpart A); to amend  the  education  law,  in
  relation  to  establishing  the  New  York  state masters-in-education
  teacher incentive scholarship program (Subpart B); to amend the educa-
  tion law, in relation to  the  appointment  of  teachers,  principals,
  administrators,  supervisors and all other members of the teaching and
  supervising staff of school districts (Subpart C); to amend the educa-
  tion law, in relation to takeover and restructuring of failing  school
  districts  (Subpart  D);  to  amend  the education law, in relation to
  disciplinary procedures for ineffective teaching or performance  by  a
  building  principal or teacher (Subpart E); and to amend the education
  law, in relation to charter schools (Subpart F) (Part A); to amend the
  education law, in relation to annual professional performance  reviews
  for  classroom  teachers  and  building  principals (Part B); to amend
  chapter 91 of the laws of 2002 amending the education  law  and  other
  laws  relating  to  the  reorganization  of  the  New York city school
  construction authority, board of education and  community  boards,  in
  relation to the effectiveness thereof; and to amend chapter 345 of the
  laws  of 2009 amending the education law relating to the New York city
  board of  education,  chancellor,  community  councils  and  community
  superintendents,  in  relation  to the effectiveness thereof (Part C);
  and to amend the education law, in relation  to  school  aid  increase
  linkage and to amend part A of chapter 57 of the laws of 2013 relating
  to  school  district  eligibility  for an increase in apportionment of
  school aid and  implementation  of  standards  for  conducting  annual
  professional  performance  reviews  to determine teacher and principal
  effectiveness, in relation to apportionment  of  general  support  for
  public schools (Part D)

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12575-01-5

S. 2010                             2                            A. 3010

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This  act enacts into law major components of legislation
which are necessary to implement the state fiscal plan for the 2015-2016
state fiscal year. Each component is  wholly  contained  within  a  Part
identified  as Parts A through D. The effective date for each particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing the effective date of the Part, which makes a reference to a section
"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section three of  this  act  sets  forth  the
general effective date of this act.

                                 PART A

  Section  1.  This  act enacts into law components of legislation which
are necessary to implement the provisions relating to the prosecution of
misconduct by public officials. Each component is wholly contained with-
in a Subpart identified as Subparts A through F. The effective date  for
each  particular provision contained within such Subpart is set forth in
the last section of such Subpart. Any provision in any section contained
within a Subpart, including the effective date  of  the  Subpart,  which
makes  a  reference  to a section "of this act", when used in connection
with that particular component, shall be deemed to mean and refer to the
corresponding section of the Subpart in which it is found. Section three
of this act sets forth the general effective date of this act.

                                SUBPART A

  Section 1. The education law is amended by adding a new section  210-a
to read as follows:
  S  210-A.  ADMISSION REQUIREMENTS FOR GRADUATE-LEVEL TEACHER EDUCATION
PROGRAMS.  EACH INSTITUTION REGISTERED BY THE DEPARTMENT WITH  GRADUATE-
LEVEL TEACHER EDUCATION PROGRAMS SHALL ADOPT RIGOROUS SELECTION CRITERIA
GEARED  TO  PREDICTING  A  CANDIDATE'S  ACADEMIC SUCCESS IN ITS PROGRAM,
INCLUDING BUT NOT LIMITED TO, A MINIMUM SCORE  ON  THE  GRADUATE  RECORD
EXAMINATION  AND/OR A SUBSTANTIALLY EQUIVALENT ADMISSION EXAMINATION, AS
DETERMINED BY THE INSTITUTION, AND ACHIEVEMENT  OF  A  CUMULATIVE  GRADE
POINT AVERAGE OF 3.0 OR HIGHER IN THE CANDIDATE'S UNDERGRADUATE PROGRAM.
  S  2.  The  education  law is amended by adding a new section 210-b to
read as follows:
  S 210-B. INSTITUTION DEREGISTRATION AND SUSPENSION. 1. THE  DEPARTMENT
SHALL  DE-REGISTER  AND  SUSPEND  THE OPERATION OF AN INSTITUTION IF FOR
THREE CONSECUTIVE ACADEMIC  YEARS,  FEWER  THAN  FIFTY  PERCENT  OF  ITS
STUDENTS PASS EACH EXAMINATION THAT THEY HAVE TAKEN THAT IS REQUIRED FOR
CERTIFICATION.    PROVIDED, HOWEVER, THE INSTITUTION MAY BE PERMITTED TO
CONTINUE OPERATIONS IF THE INSTITUTION MAKES A WRITTEN  REQUEST  TO  THE
DEPARTMENT  TO  BE PERMITTED TO CONTINUE OPERATIONS AND THE COMMISSIONER
GRANTS SUCH A REQUEST AND IN WRITING STATES SPECIFIC REASONS FOR  ALLOW-
ING  THE  INSTITUTION TO CONTINUE OPERATIONS. FOR PURPOSES OF THIS PARA-
GRAPH, STUDENTS WHO  HAVE  SATISFACTORILY  COMPLETED  THE  INSTITUTION'S
PROGRAM SHALL MEAN STUDENTS WHO HAVE MET EACH EDUCATIONAL REQUIREMENT OF
THE  PROGRAM,  EXCLUDING  ANY INSTITUTIONAL REQUIREMENT THAT THE STUDENT
PASS EACH REQUIRED NEW YORK STATE TEACHER CERTIFICATION EXAMINATION  FOR

S. 2010                             3                            A. 3010

A  TEACHING  CERTIFICATE AND/OR SCHOOL BUILDING LEADER EXAMINATION FOR A
SCHOOL BUILDING LEADER CERTIFICATE IN ORDER  TO  COMPLETE  THE  PROGRAM.
STUDENTS SATISFACTORILY MEETING EACH EDUCATIONAL REQUIREMENT MAY INCLUDE
STUDENTS  WHO  EARN  A  DEGREE OR STUDENTS WHO COMPLETE EACH EDUCATIONAL
REQUIREMENT WITHOUT EARNING A DEGREE. WHEN MAKING SUCH A  DETERMINATION,
THE  DEPARTMENT  SHALL  CONSIDER  THE  PERFORMANCE ON EACH CERTIFICATION
EXAMINATION OF THOSE STUDENTS COMPLETING AN EXAMINATION  NOT  MORE  THAN
THREE  YEARS BEFORE THE END OF THE ACADEMIC YEAR IN WHICH THE PROGRAM IS
COMPLETED OR NOT LATER THAN THE SEPTEMBER THIRTIETH FOLLOWING THE END OF
SUCH ACADEMIC YEAR, WHERE ACADEMIC YEAR IS DEFINED AS JULY FIRST THROUGH
JUNE THIRTIETH, AND SHALL CONSIDER ONLY THE HIGHEST SCORE OF INDIVIDUALS
TAKING A TEST MORE THAN ONCE.
  2. THE INSTITUTION MAY SUBMIT AN APPEAL AS PRESCRIBED BY  THE  COMMIS-
SIONER  IN  REGULATIONS.  A  DE-REGISTERED INSTITUTION SHALL CEASE OPER-
ATIONS AND SHALL NOT EDUCATE ANY STUDENTS WHILE AWAITING THE COMMISSION-
ER'S DECISION ON THEIR APPLICATION FOR RE-REGISTRATION.
  3. THE DEPARTMENT MAY ALSO, AS PRESCRIBED BY THE COMMISSIONER IN REGU-
LATIONS, CONDUCT EXPEDITED REGISTRATION REVIEWS  FOR  INSTITUTIONS  THAT
HAVE DEMONSTRATED POOR PERFORMANCE ON STUDENT OUTCOMES.
  S  3.  Section  3006  of  the education law is amended by adding a new
subdivision 3 to read as follows:
  3. REGISTRATION. A. COMMENCING  WITH  THE  TWO  THOUSAND  FIFTEEN--TWO
THOUSAND  SIXTEEN  SCHOOL  YEAR, ANY HOLDER OF A TEACHING CERTIFICATE IN
THE CLASSROOM  TEACHING  SERVICE,  TEACHING  ASSISTANT  CERTIFICATE,  OR
EDUCATIONAL  LEADERSHIP CERTIFICATE THAT IS VALID FOR LIFE AS PRESCRIBED
BY THE COMMISSIONER IN REGULATIONS SHALL BE REQUIRED  TO  REGISTER  WITH
THE  DEPARTMENT  EVERY  FIVE YEARS IN ACCORDANCE WITH REGULATIONS OF THE
COMMISSIONER. SUCH REGULATIONS SHALL PRESCRIBE  THE  DATE  OR  DATES  BY
WHICH  APPLICATIONS  FOR  INITIAL REGISTRATION MUST BE SUBMITTED AND MAY
PROVIDE FOR STAGGERED INITIAL REGISTRATION AND/OR  ROLLING  RE-REGISTRA-
TION  SO  THAT  RE-REGISTRATIONS  ARE DISTRIBUTED AS EQUALLY AS POSSIBLE
THROUGHOUT THE YEAR.
  B. THE DEPARTMENT SHALL POST AN APPLICATION FOR  REGISTRATION  ON  ITS
WEBSITE.  AN  APPLICATION FOR REGISTRATION AND THE REQUIRED REGISTRATION
FEE SHALL BE SUBMITTED TOGETHER WITH OR AS PART OF THE APPLICATION FOR A
REGISTRATION CERTIFICATE. A PERSON INITIALLY CERTIFIED OR RESUMING PRAC-
TICE AFTER A LAPSE IN REGISTRATION DURING THE LAST TWO YEARS OF A  FIVE-
YEAR REGISTRATION PERIOD SHALL RECEIVE A PRORATED REFUND OF ONE-FIFTH OF
THE TOTAL REGISTRATION FEE FOR EACH FULL YEAR OF THE REGISTRATION PERIOD
THAT  ELAPSED  PRIOR  TO  THE  DATE OF REGISTRATION. EXCEPT AS OTHERWISE
PROVIDED IN THIS SECTION, THE DEPARTMENT SHALL RENEW THE REGISTRATION OF
EACH CERTIFICATE HOLDER UPON RECEIPT OF A PROPER APPLICATION, ON A  FORM
PRESCRIBED  BY THE DEPARTMENT, AND THE REGISTRATION FEE. ANY CERTIFICATE
HOLDER WHO FAILS TO REGISTER BY THE BEGINNING OF THE APPROPRIATE  REGIS-
TRATION  PERIOD  SHALL BE REQUIRED TO PAY AN ADDITIONAL FEE FOR THE LATE
FILING OF TEN DOLLARS FOR EACH MONTH THAT REGISTRATION HAS BEEN DELAYED.
NO LICENSEE RESUMING PRACTICE AFTER A LAPSE  OF  REGISTRATION  SHALL  BE
PERMITTED  TO  PRACTICE  WITHOUT  ACTUAL  POSSESSION OF THE REGISTRATION
CERTIFICATE.
  C. ANY CERTIFICATE HOLDER WHO IS NOT ENGAGING IN THE PRACTICE  OF  HIS
OR HER PROFESSION IN THIS STATE AND DOES NOT DESIRE TO REGISTER SHALL SO
ADVISE  THE DEPARTMENT. SUCH CERTIFICATE HOLDER SHALL NOT BE REQUIRED TO
PAY AN ADDITIONAL FEE FOR FAILURE TO REGISTER AT THE  BEGINNING  OF  THE
REGISTRATION PERIOD.
  D.  CERTIFICATE  HOLDERS  SHALL NOTIFY THE DEPARTMENT OF ANY CHANGE OF
NAME OR MAILING ADDRESS WITHIN THIRTY DAYS OF SUCH  CHANGE.  FAILURE  TO

S. 2010                             4                            A. 3010

REGISTER  OR  PROVIDE SUCH NOTICE WITHIN ONE HUNDRED EIGHTY DAYS OF SUCH
CHANGE SHALL CONSTITUTE GROUNDS FOR MORAL CHARACTER REVIEW UNDER  SUBDI-
VISION SEVEN OF SECTION THREE HUNDRED FIVE OF THIS TITLE.
  E.  THE  FEE  FOR  REPLACEMENT  OF  A LOST REGISTRATION CERTIFICATE OR
LICENSE OR FOR  REGISTRATION  OF  AN  ADDITIONAL  OFFICE  SHALL  BE  TEN
DOLLARS.
  F.  AN  ADDITIONAL FEE OF TWENTY-FIVE DOLLARS SHALL BE CHARGED FOR THE
REGISTRATION OF ANY APPLICANT WHOSE CHECK HAS BEEN DISHONORED, OR IN THE
CASE OF A CREDIT CARD PAYMENT, WHERE THE PAYMENT IS CONTESTED AND IS NOT
HONORED BY THE CREDIT CARD COMPANY.
  S 4. The education law is amended by adding a new  section  3006-a  to
read as follows:
  S  3006-A.  REGISTRATION AND CONTINUING TEACHER EDUCATION REQUIREMENTS
FOR HOLDERS OF  PROFESSIONAL  CERTIFICATES  IN  THE  CLASSROOM  TEACHING
SERVICE,  HOLDERS  OF LEVEL III TEACHING ASSISTANT CERTIFICATES, HOLDERS
OF PROFESSIONAL CERTIFICATES IN THE EDUCATIONAL LEADERSHIP SERVICE.   1.
A.  EACH  HOLDER OF A PROFESSIONAL CERTIFICATE IN THE CLASSROOM TEACHING
SERVICE, HOLDER OF A LEVEL III TEACHING ASSISTANT CERTIFICATE AND HOLDER
OF A PROFESSIONAL CERTIFICATE  IN  THE  EDUCATIONAL  LEADERSHIP  SERVICE
SHALL  BE  REQUIRED  TO REGISTER EVERY FIVE YEARS WITH THE DEPARTMENT TO
PRACTICE IN THE STATE AND  SHALL  COMPLY  WITH  THE  PROVISIONS  OF  THE
CONTINUING TEACHER EDUCATION REQUIREMENTS SET FORTH IN THIS SECTION.
  B.  ANY  OF THE CERTIFIED INDIVIDUALS DESCRIBED IN PARAGRAPH A OF THIS
SECTION WHO DO NOT SATISFY THE CONTINUING TEACHER EDUCATION REQUIREMENTS
SHALL NOT PRACTICE UNTIL THEY HAVE MET SUCH REQUIREMENTS, HAVE PAID  ALL
APPLICABLE  FEES,  AND  HAVE  BEEN  ISSUED A REGISTRATION OR CONDITIONAL
REGISTRATION CERTIFICATE.
  C. HOLDERS OF A PROFESSIONAL CERTIFICATE  IN  THE  CLASSROOM  TEACHING
SERVICE,  HOLDERS  OF  A  LEVEL  III TEACHING ASSISTANCE CERTIFICATE AND
HOLDERS OF A PROFESSIONAL  CERTIFICATE  IN  THE  EDUCATIONAL  LEADERSHIP
SERVICE  AND ANY OTHER CERTIFIED INDIVIDUAL REQUIRED BY THE COMMISSIONER
TO REGISTER TRIENNIALLY SHALL BE  EXEMPT  FROM  THE  CONTINUING  TEACHER
EDUCATION REQUIREMENT FOR THE FIVE-YEAR REGISTRATION PERIOD DURING WHICH
THEY ARE FIRST LICENSED BY THE DEPARTMENT. IN ACCORDANCE WITH THE INTENT
OF  THIS  SECTION,  ADJUSTMENTS  TO  THE  CONTINUING  TEACHER  EDUCATION
REQUIREMENT MAY BE GRANTED BY  THE  DEPARTMENT  FOR  REASONS  OF  HEALTH
CERTIFIED  BY A PHYSICIAN, FOR EXTENDED ACTIVE DUTY WITH ARMED FORCES OF
THE UNITED STATES, OR FOR OTHER GOOD CAUSE ACCEPTABLE TO THE  DEPARTMENT
WHICH MAY PREVENT COMPLIANCE.
  D.  CERTIFICATE  HOLDERS WHO ARE NOT PRACTICING AS A TEACHER, TEACHING
ASSISTANT OR EDUCATIONAL LEADER IN A SCHOOL DISTRICT OR BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES IN  THIS  STATE  SHALL  BE  EXEMPT  FROM  THE
CONTINUING  TEACHER  EDUCATION  REQUIREMENT UPON THE FILING OF A WRITTEN
STATEMENT WITH THE DEPARTMENT DECLARING SUCH STATUS.  ANY  HOLDER  OF  A
PROFESSIONAL  CERTIFICATE IN THE CLASSROOM TEACHING SERVICE, HOLDER OF A
LEVEL III TEACHING ASSISTANT CERTIFICATE AND HOLDER  OF  A  PROFESSIONAL
CERTIFICATE  IN  THE EDUCATIONAL LEADERSHIP SERVICE WHO RESUMES PRACTICE
DURING THE FIVE-YEAR REGISTRATION PERIOD  SHALL  NOTIFY  THE  DEPARTMENT
PRIOR  TO RESUMING PRACTICE AND SHALL PAY THE CURRENT CONTINUING TEACHER
EDUCATION FEE AND SHALL MEET SUCH CONTINUING TEACHER EDUCATION  REQUIRE-
MENTS AS PRESCRIBED IN REGULATIONS OF THE COMMISSIONER.
  2.  A. DURING EACH FIVE-YEAR REGISTRATION PERIOD BEGINNING ON OR AFTER
JULY FIRST, TWO THOUSAND FIFTEEN, AN APPLICANT  FOR  REGISTRATION  SHALL
SUCCESSFULLY  COMPLETE  A  MINIMUM  OF  100  HOURS OF CONTINUING TEACHER
EDUCATION, AS DEFINED BY THE COMMISSIONER. THE  DEPARTMENT  SHALL  ISSUE

S. 2010                             5                            A. 3010

RIGOROUS  STANDARDS  FOR  COURSES  AND  PROGRAMS  THAT  SHALL QUALIFY AS
CONTINUING TEACHER EDUCATION PURSUANT TO THIS SECTION.
  B. A CERTIFIED INDIVIDUAL WHO HAS NOT SATISFIED THE CONTINUING TEACHER
EDUCATION  REQUIREMENTS  SHALL  NOT  BE  ISSUED A FIVE-YEAR REGISTRATION
CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS AND UNTIL  A
REGISTRATION  OR  CONDITIONAL  REGISTRATION  CERTIFICATE  IS  ISSUED  AS
PROVIDED IN SUBDIVISION THREE OF THIS  SECTION.  FOR  PURPOSES  OF  THIS
SUBDIVISION,  "CONTINUING  TEACHER  EDUCATION  REQUIREMENTS"  SHALL MEAN
FORMAL PROGRAMS OF LEARNING WHICH CONTRIBUTE TO GROWTH  IN  THE  PROFES-
SIONAL  KNOWLEDGE  AND PROFESSIONAL COMPETENCE OF THE CERTIFICATE HOLDER
WHICH MEET THE STANDARDS PRESCRIBED BY REGULATIONS OF THE  COMMISSIONER.
TO  FULFILL  THE CONTINUING TEACHER EDUCATION REQUIREMENT, PROGRAMS MUST
BE TAKEN FROM SPONSORS APPROVED BY THE DEPARTMENT, PURSUANT TO THE REGU-
LATIONS OF THE COMMISSIONER.
  3. THE DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A  CONDITIONAL  REGIS-
TRATION  TO  A  TEACHER,  TEACHING  ASSISTANT OR EDUCATIONAL LEADER IN A
SCHOOL DISTRICT OR BOCES IN THIS STATE WHO FAILS TO MEET THE  CONTINUING
EDUCATION  REQUIREMENTS  ESTABLISHED  IN SUBDIVISION TWO OF THIS SECTION
BUT WHO AGREES TO MAKE UP  ANY  DEFICIENCIES  AND  TAKE  ANY  ADDITIONAL
EDUCATION  WHICH  THE  DEPARTMENT MAY REQUIRE. THE FEE FOR SUCH A CONDI-
TIONAL REGISTRATION SHALL BE THE SAME AS, AND IN ADDITION  TO,  THE  FEE
FOR  THE TRIENNIAL REGISTRATION. THE DURATION OF SUCH CONDITIONAL REGIS-
TRATION SHALL BE DETERMINED BY THE DEPARTMENT. ANY HOLDER OF  A  PROFES-
SIONAL  CERTIFICATE IN THE CLASSROOM TEACHING SERVICE, HOLDER OF A LEVEL
III TEACHING ASSISTANT CERTIFICATE OR HOLDER OF A  PROFESSIONAL  CERTIF-
ICATE  IN  THE  EDUCATIONAL  LEADERSHIP  SERVICE AND ANY OTHER CERTIFIED
INDIVIDUAL REQUIRED BY THE COMMISSIONER TO REGISTER TRIENNIALLY  WHO  IS
NOTIFIED  OF  THE DENIAL OF REGISTRATION FOR FAILURE TO SUBMIT EVIDENCE,
SATISFACTORY TO THE DEPARTMENT, OF REQUIRED CONTINUING EDUCATION AND WHO
PRACTICES WITHOUT SUCH REGISTRATION, SHALL BE SUBJECT TO MORAL CHARACTER
REVIEW UNDER SUBDIVISION SEVEN OF SECTION THREE  HUNDRED  FIVE  OF  THIS
TITLE.
  4.  THE REGISTRATION FEE SHALL BE DETERMINED BY THE REGENTS, AND SHALL
BE PAYABLE ON OR BEFORE THE FIRST DAY  OF  EACH  TRIENNIAL  REGISTRATION
PERIOD.
  S  5.  This  act  shall  take  effect  July 1, 2015, provided that the
authority of the board of regents  to  adopt  regulations  necessary  to
implement  the  provisions of this act on such effective date shall take
effect immediately.

                                SUBPART B

  Section 1. The education law is amended by adding a new section  669-f
to read as follows:
  S  669-F. NEW YORK STATE MASTERS-IN-EDUCATION TEACHER INCENTIVE SCHOL-
ARSHIP PROGRAM. 1.   ELIGIBILITY. STUDENTS WHO ARE  MATRICULATED  IN  AN
APPROVED MASTER'S DEGREE IN EDUCATION PROGRAM AT A NEW YORK STATE PUBLIC
INSTITUTION  OF  HIGHER  EDUCATION  LEADING  TO A CAREER AS A TEACHER IN
PUBLIC ELEMENTARY OR SECONDARY EDUCATION SHALL BE ELIGIBLE FOR AN  AWARD
UNDER  THIS SECTION, PROVIDED THE APPLICANT: (A) EARNED AN UNDERGRADUATE
DEGREE FROM A COLLEGE LOCATED IN NEW YORK STATE;  (B)  WAS  A  NEW  YORK
STATE  RESIDENT  WHILE  EARNING  SUCH UNDERGRADUATE DEGREE; (C) ACHIEVED
ACADEMIC EXCELLENCE AS AN  UNDERGRADUATE  STUDENT,  AS  DEFINED  BY  THE
CORPORATION IN REGULATION; (D) ENROLLS IN FULL-TIME STUDY IN AN APPROVED
MASTER'S DEGREE IN EDUCATION PROGRAM AT A NEW YORK STATE PUBLIC INSTITU-
TION  OF  HIGHER  EDUCATION  LEADING  TO A CAREER AS A TEACHER IN PUBLIC

S. 2010                             6                            A. 3010

ELEMENTARY OR SECONDARY EDUCATION; (E) SIGNS A CONTRACT WITH THE  CORPO-
RATION AGREEING TO TEACH IN A CLASSROOM SETTING ON A FULL-TIME BASIS FOR
FIVE  YEARS  IN  A SCHOOL LOCATED WITHIN NEW YORK STATE PROVIDING PUBLIC
ELEMENTARY  OR SECONDARY EDUCATION RECOGNIZED BY THE BOARD OF REGENTS OR
THE UNIVERSITY OF THE STATE  OF  NEW  YORK,  INCLUDING  CHARTER  SCHOOLS
AUTHORIZED  PURSUANT  TO  ARTICLE  FIFTY-SIX  OF  THIS  CHAPTER; AND (F)
COMPLIES WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE AND ALL REQUIRE-
MENTS PROMULGATED BY THE  CORPORATION  FOR  THE  ADMINISTRATION  OF  THE
PROGRAM.
  2.  WITHIN  AMOUNTS  APPROPRIATED THEREFOR, AWARDS SHALL BE GRANTED TO
APPLICANTS THAT THE CORPORATION HAS CERTIFIED ARE  ELIGIBLE  TO  RECEIVE
SUCH  AWARDS. UP TO FIVE HUNDRED AWARDS MAY BE GRANTED TO NEW RECIPIENTS
ANNUALLY. SUCH AWARDS SHALL BE GRANTED  UPON  SUCCESSFUL  COMPLETION  OF
EACH TERM, AS DEFINED BY THE CORPORATION.
  3.  AN  AWARD  SHALL  ENTITLE THE RECIPIENT TO ANNUAL PAYMENTS FOR NOT
MORE THAN TWO ACADEMIC YEARS OF  FULL-TIME  GRADUATE  STUDY  LEADING  TO
CERTIFICATION AS AN ELEMENTARY OR SECONDARY CLASSROOM TEACHER.
  4.  THE  CORPORATION SHALL GRANT SUCH AWARDS IN AN AMOUNT EQUAL TO THE
ANNUAL TUITION CHARGED TO STATE RESIDENT STUDENTS ATTENDING  A  GRADUATE
PROGRAM FULL-TIME AT THE STATE UNIVERSITY OF NEW YORK, OR ACTUAL TUITION
CHARGED,  WHICHEVER  IS  LESS;  PROVIDED,  HOWEVER,  (I)  A  STUDENT WHO
RECEIVES EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS THAT COVER THE STUDENT'S
FULL COST OF ATTENDANCE SHALL NOT BE ELIGIBLE FOR AN  AWARD  UNDER  THIS
PROGRAM; (II) FOR A STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR SCHO-
LARSHIPS  THAT  COVER  LESS  THAN THE STUDENT'S FULL COST OF ATTENDANCE,
SUCH GRANTS AND/OR SCHOLARSHIPS SHALL NOT BE DEEMED DUPLICATIVE OF  THIS
PROGRAM  AND  MAY BE HELD CONCURRENTLY WITH AN AWARD UNDER THIS PROGRAM,
PROVIDED THAT THE COMBINED BENEFITS DO NOT  EXCEED  THE  STUDENT'S  FULL
COST  OF  ATTENDANCE;  AND  (III)  AN  AWARD UNDER THIS PROGRAM SHALL BE
APPLIED TO TUITION AFTER THE APPLICATION OF ALL OTHER EDUCATIONAL GRANTS
AND SCHOLARSHIPS LIMITED TO TUITION AND SHALL BE REDUCED  IN  AN  AMOUNT
EQUAL  TO SUCH EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS. UPON NOTIFICATION
OF AN AWARD UNDER THIS PROGRAM, THE INSTITUTION SHALL DEFER  THE  AMOUNT
OF TUITION EQUAL TO THE AWARD. NO AWARD SHALL BE FINAL UNTIL THE RECIPI-
ENT'S SUCCESSFUL COMPLETION OF A TERM HAS BEEN CERTIFIED BY THE INSTITU-
TION.  A  RECIPIENT OF AN AWARD UNDER THIS PROGRAM SHALL NOT BE ELIGIBLE
FOR AN AWARD UNDER THE NEW YORK STATE MATH AND SCIENCE  TEACHING  INCEN-
TIVE PROGRAM.
  5.  THE CORPORATION SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT OF
THE AWARD GRANTED PURSUANT TO THIS SECTION, PLUS INTEREST, ACCORDING  TO
A  SCHEDULE  TO BE DETERMINED BY THE CORPORATION IF: (A) TWO YEARS AFTER
THE COMPLETION OF THE DEGREE PROGRAM  AND  RECEIPT  OF  INITIAL  CERTIF-
ICATION  IT IS FOUND THAT A RECIPIENT IS NOT TEACHING IN A PUBLIC SCHOOL
LOCATED WITHIN NEW YORK STATE PROVIDING ELEMENTARY OR  SECONDARY  EDUCA-
TION  RECOGNIZED  BY THE BOARD OF REGENTS OR THE UNIVERSITY OF THE STATE
OF NEW YORK, INCLUDING CHARTER SCHOOLS AUTHORIZED  PURSUANT  TO  ARTICLE
FIFTY-SIX  OF  THIS  CHAPTER; (B) A RECIPIENT HAS NOT TAUGHT IN A PUBLIC
SCHOOL LOCATED WITHIN NEW YORK STATE PROVIDING ELEMENTARY  OR  SECONDARY
EDUCATION  RECOGNIZED  BY  THE BOARD OF REGENTS OR THE UNIVERSITY OF THE
STATE OF NEW YORK, INCLUDING  CHARTER  SCHOOLS  AUTHORIZED  PURSUANT  TO
ARTICLE  FIFTY-SIX OF THIS CHAPTER FOR FIVE OF THE SEVEN YEARS AFTER THE
COMPLETION OF THE GRADUATE DEGREE PROGRAM AND RECEIPT OF INITIAL CERTIF-
ICATION; (C) A RECIPIENT FAILS TO COMPLETE HIS OR  HER  GRADUATE  DEGREE
PROGRAM  IN  EDUCATION; (D) A RECIPIENT FAILS TO RECEIVE OR MAINTAIN HIS
OR HER TEACHING CERTIFICATE OR LICENSE IN  NEW  YORK  STATE;  OR  (E)  A
RECIPIENT FAILS TO RESPOND TO REQUESTS BY THE CORPORATION FOR THE STATUS

S. 2010                             7                            A. 3010

OF  HIS  OR  HER ACADEMIC OR PROFESSIONAL PROGRESS. THE TERMS AND CONDI-
TIONS OF THIS SUBDIVISION SHALL BE  DEFERRED  FOR  ANY  INTERRUPTION  IN
GRADUATE STUDY OR EMPLOYMENT AS ESTABLISHED BY THE RULES AND REGULATIONS
OF  THE  CORPORATION.  ANY  OBLIGATION TO COMPLY WITH SUCH PROVISIONS AS
OUTLINED IN THIS SECTION SHALL BE CANCELLED UPON THE DEATH OF THE RECIP-
IENT. NOTWITHSTANDING ANY PROVISIONS OF THIS SUBDIVISION TO THE  CONTRA-
RY, THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS TO
PROVIDE  FOR  THE WAIVER OR SUSPENSION OF ANY FINANCIAL OBLIGATION WHICH
WOULD INVOLVE EXTREME HARDSHIP.
  6. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND  REGULATIONS,
AND  MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA-
TION OF THE PROVISIONS OF THIS SECTION INCLUDING, BUT  NOT  LIMITED  TO,
THE CRITERIA FOR THE PROVISION OF AWARDS ON A COMPETITIVE BASIS, AND THE
RATE OF INTEREST CHARGED FOR REPAYMENT OF THE STUDENT LOAN.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.

                                SUBPART C

  Section 1. Paragraphs (a) and (b) of subdivision 1 of section 2509  of
the  education  law, paragraph (a) as amended by chapter 551 of the laws
of 1976, and paragraph (b) as amended by chapter  468  of  the  laws  of
1975, are amended to read as follows:
  (a)  I.  Teachers  and  all  other  members  of  the teaching staff[,]
APPOINTED PRIOR TO 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 three years, except that in the
case of a teacher who has rendered satisfactory  service  as  a  regular
substitute  for  a  period  of two years or 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 probationary period
shall be limited to one year; 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 of this chapter, the
probationary period shall not exceed 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  super-
intendent 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 probationary
period.
  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 FIVE YEARS,  EXCEPT  THAT  IN  THE
CASE  OF  A  TEACHER  WHO HAS RENDERED SATISFACTORY SERVICE AS A REGULAR
SUBSTITUTE FOR A PERIOD OF TWO YEARS OR AS  A  SEASONALLY  LICENSED  PER
SESSION TEACHER OF SWIMMING IN DAY SCHOOLS WHO HAS SERVED IN THAT CAPAC-

S. 2010                             8                            A. 3010

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 THREE 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  OF  THIS
CHAPTER,  THE  TEACHER  SHALL  BE APPOINTED FOR A PROBATIONARY PERIOD OF
FOUR 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/HER PROBATIONARY PERIOD.
  (b) I. Administrators,  directors,  supervisors,  principals  and  all
other  members of the supervising staff, except associate, assistant and
other superintendents[,] APPOINTED PRIOR TO  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  recom-
mendation  of the superintendent of schools for a probationary period of
three years. The service of a person appointed to any of such  positions
may  be  discontinued  at any time during the probationary period on the
recommendation of the superintendent of schools, by a majority  vote  of
the board of education.
  II.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW OR REGULATION TO THE
CONTRARY, ADMINISTRATORS, DIRECTORS,  SUPERVISORS,  PRINCIPALS  AND  ALL
OTHER  MEMBERS OF THE SUPERVISING STAFF, EXCEPT ASSOCIATE, ASSISTANT AND
OTHER SUPERINTENDENTS, 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  RECOM-
MENDATION  OF THE SUPERINTENDENT OF SCHOOLS FOR A PROBATIONARY PERIOD OF
FIVE YEARS. THE SERVICE OF A PERSON APPOINTED TO ANY OF  SUCH  POSITIONS
MAY  BE  DISCONTINUED  AT ANY TIME DURING THE PROBATIONARY PERIOD ON THE
RECOMMENDATION OF THE SUPERINTENDENT OF SCHOOLS, BY A MAJORITY  VOTE  OF
THE BOARD OF EDUCATION.
  S 2. Subdivision 2 of section 2509 of the education law, as amended by
section  6  of  part  A of chapter 57 of the laws of 2007, is amended to
read as follows:
  2. A. At the expiration  of  the  probationary  term  of  any  persons
appointed  for  such  term PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN, or
within six months prior thereto, the  superintendent  of  schools  shall
make  a  written  report  to  the  board  of  education recommending for
appointment on tenure those persons who have been found competent, effi-
cient and satisfactory[, consistent with any  applicable  rules  of  the
board  of regents adopted pursuant to section three thousand twelve-b of
this chapter]. By a majority  vote  the  board  of  education  may  then
appoint  on  tenure  any or all of the persons recommended by the super-
intendent of schools. Such persons and all others employed in the teach-
ing service of the schools of such school district who have  served  the
full  probationary  period  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 of [such law]  THIS  CHAPTER.    Failure  to  maintain

S. 2010                             9                            A. 3010

certification  as  required  by  this chapter and the regulations of the
commissioner of education shall constitute cause for removal.
  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 COMPOSITE ANNUAL PROFESSIONAL
PERFORMANCE REVIEW RATINGS PURSUANT TO THREE THOUSAND TWELVE-C  OF  THIS
CHAPTER,  OF  EITHER  EFFECTIVE  OR HIGHLY EFFECTIVE IN EACH OF THE FIVE
PRECEDING YEARS. BY A MAJORITY VOTE, THE BOARD  OF  EDUCATION  MAY  THEN
APPOINT  ON  TENURE  ANY OR ALL OF THE PERSONS RECOMMENDED BY THE SUPER-
INTENDENT OF SCHOOLS. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW,  RULE
OR  REGULATION TO THE CONTRARY, IF NO AFFIRMATIVE ACTION IS TAKEN BY THE
BOARD OF EDUCATION TO TERMINATE A CLASSROOM TEACHER OR BUILDING  PRINCI-
PAL,  OR  TO  APPROVE  OR DENY TENURE TO A CLASSROOM TEACHER OR BUILDING
PRINCIPAL 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 THE FIVE
PRECEDING SCHOOL YEARS, DURING WHICH TIME A  BOARD  OF  EDUCATION  SHALL
EITHER  DISCONTINUE  THE SERVICES OF SUCH PERSON, DENY TENURE OR APPROVE
TENURE FOR THOSE CLASSROOM TEACHERS OR BUILDING PRINCIPALS WHO OTHERWISE
HAVE BEEN FOUND COMPETENT, EFFICIENT AND SATISFACTORY. PROVIDED,  HOWEV-
ER,  THAT  THE  BOARD  OF  EDUCATION  MAY GRANT TENURE CONTINGENT UPON A
CLASSROOM TEACHER'S OR BUILDING PRINCIPAL'S RECEIPT OF SUCH A RATING  OF
EFFECTIVE OR HIGHLY EFFECTIVE IN THE FIFTH YEAR, AND IF SUCH CONTINGENCY
IS  NOT MET, THE GRANT OF TENURE SHALL BE VOID AND UNENFORCEABLE AND THE
TEACHER'S OR  PRINCIPAL'S  PROBATIONARY  PERIOD  SHALL  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 OF THIS CHAPTER. FAILURE TO  MAINTAIN
CERTIFICATION  AS  REQUIRED  BY  THIS CHAPTER AND THE REGULATIONS OF THE
COMMISSIONER OF EDUCATION SHALL CONSTITUTE CAUSE FOR REMOVAL.
  S 3. Subdivisions 1, 5 and 6 of section 2573  of  the  education  law,
subdivision  1  as amended by chapter 732 of the laws of 1971, paragraph
(a) of subdivision 1 as amended by chapter 640  of  the  laws  of  1983,
paragraph  (b) of subdivision 1 as amended by chapter 468 of the laws of
1975, subdivision 5 and 6 as amended by section 7 of part A  of  chapter
57 of the laws of 2007, are amended to read as follows:
  1.  (a)  I.  Teachers  and  all  other  members of the teaching staff,
APPOINTED PRIOR TO 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 three years,
except that in the case of  a  teacher  who  has  rendered  satisfactory
service  as  a  regular  substitute  for  a  period of two years or 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 probationary period shall be limited to one year; provided, however,

S. 2010                            10                            A. 3010

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 of this
chapter, the probationary period shall not exceed two  years;  provided,
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 of this chapter, the probationary period shall be one year. The
service of a person appointed to any of such positions may be discontin-
ued 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
probationary  period.  In  city  school districts having a population of
four hundred thousand or more,  persons  with  licenses  obtained  as  a
result  of examinations announced subsequent to the twenty-second day of
May, nineteen hundred sixty-nine  appointed  upon  conditions  that  all
announced  requirements for the position be fulfilled within a specified
period of time, shall not acquire tenure unless and until such  require-
ments  have been completed within the time specified for the fulfillment
of such requirements, notwithstanding the expiration of any probationary
period.  In all other 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 of education shall be
cause  for  removal  within  the  meaning  of  subdivision  five of this
section.
  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 FIVE YEARS, EXCEPT THAT IN THE
CASE OF A TEACHER WHO HAS RENDERED SATISFACTORY  SERVICE  AS  A  REGULAR
SUBSTITUTE  FOR  A  PERIOD  OF TWO YEARS OR 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 THREE 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  OF  THIS
CHAPTER,  THE  TEACHER  SHALL  BE APPOINTED FOR A PROBATIONARY PERIOD OF
FOUR YEARS; PROVIDED, 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 OF THIS CHAPTER, THE TEACHER SHALL BE

S. 2010                            11                            A. 3010

APPOINTED FOR A PROBATIONARY PERIOD OF THREE 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 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 OF EDUCATION SHALL  BE  CAUSE
FOR REMOVAL WITHIN THE MEANING OF SUBDIVISION FIVE OF THIS SECTION.
  (b)  I.  Administrators,  directors,  supervisors,  principals and all
other members of the  supervising  staff,  except  executive  directors,
associate, assistant, district and community superintendents and examin-
ers,  APPOINTED PRIOR TO 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 or chancellor of schools, for a  probationary  period  of
three  years. The service of a person appointed to any of such positions
may be discontinued at any time during the probationary  period  on  the
recommendation  of  the superintendent of schools, by a majority vote of
the board of education.
  II. ADMINISTRATORS, DIRECTORS, SUPERVISORS, PRINCIPALS AND  ALL  OTHER
MEMBERS OF THE SUPERVISING STAFF, EXCEPT EXECUTIVE DIRECTORS, ASSOCIATE,
ASSISTANT,   DISTRICT   AND  COMMUNITY  SUPERINTENDENTS  AND  EXAMINERS,
APPOINTED ON OR AFTER JULY 1, 2015 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 OR CHANCELLOR
OF SCHOOLS, FOR A PROBATIONARY PERIOD OF FIVE YEARS PROVIDED  THAT  SUCH
PROBATIONARY  PERIOD MAY BE EXTENDED IN ACCORDANCE WITH PARAGRAPH (B) OF
SUBDIVISION FIVE OF THIS SECTION. THE SERVICE OF A PERSON  APPOINTED  TO
ANY  OF SUCH POSITIONS MAY BE DISCONTINUED AT ANY TIME DURING THE PROBA-
TIONARY PERIOD ON THE RECOMMENDATION OF THE SUPERINTENDENT  OF  SCHOOLS,
BY A MAJORITY VOTE OF THE BOARD OF EDUCATION.
  5.  (A)  At  the  expiration  of  the probationary term of any persons
appointed for such term PRIOR TO 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[, consistent with any
applicable rules of the board of regents  adopted  pursuant  to  section
three  thousand  twelve-b  of this chapter]. Such persons and all others
employed in the teaching, service of the schools of  a  city,  who  have
served  the  full probationary period, 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 of this chapter.
  (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 OF THIS CHAPTER, OF EITHER EFFECTIVE OR HIGHLY
EFFECTIVE IN EACH OF THE FIVE PRECEDING YEARS. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, IF NO  AFFIRMATIVE

S. 2010                            12                            A. 3010

ACTION  IS  TAKEN  BY  THE  BOARD  OF EDUCATION TO TERMINATE A CLASSROOM
TEACHER OR BUILDING PRINCIPAL, OR TO APPROVE OR DENY TENURE TO A  CLASS-
ROOM TEACHER OR BUILDING PRINCIPAL 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 THE FIVE PRECEDING SCHOOL YEARS, DURING WHICH TIME A BOARD
OF EDUCATION SHALL EITHER DISCONTINUE THE SERVICES OF SUCH PERSON,  DENY
TENURE  OR APPROVE TENURE FOR THOSE CLASSROOM TEACHERS OR BUILDING PRIN-
CIPALS 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
SUCH A RATING OF EFFECTIVE OR HIGHLY EFFECTIVE IN THE FIFTH YEAR, AND IF
SUCH CONTINGENCY IS NOT MET, THE GRANT OF TENURE SHALL BE VOID AND UNEN-
FORCEABLE AND THE TEACHER'S OR PRINCIPAL'S PROBATIONARY PERIOD SHALL  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  PROBA-
TIONARY PERIOD AS EXTENDED PURSUANT 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 OF THIS CHAPTER.  FAILURE TO
MAINTAIN  CERTIFICATION  AS REQUIRED BY THIS CHAPTER AND THE REGULATIONS
OF THE COMMISSIONER OF EDUCATION SHALL CONSTITUTE CAUSE FOR REMOVAL.
  6. (A) In a city having a population of four hundred thousand or more,
at the expiration of the probationary term of any persons appointed  for
such  term PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN, the superintendent
of schools shall make a written report to the board of education  recom-
mending  for  permanent  appointment  those  persons who have been found
satisfactory[, consistent with any applicable  rules  of  the  board  of
regents  adopted  pursuant  to  section  three thousand twelve-b of this
chapter], and such board of education shall immediately thereafter issue
to such persons permanent certificates of appointment.  Such persons and
all others employed in the teaching service of the schools of such city,
who have served the full probationary  period  shall  receive  permanent
certificates  to  teach  issued  to them by the certificating authority,
except as otherwise provided in subdivision ten-a of this  section,  and
shall hold their respective positions during good behavior and satisfac-
tory teaching service, and shall not be removable except for cause after
a  hearing  as provided by section three thousand twenty-a of this chap-
ter.
  (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 OF THIS CHAPTER, OF EITHER EFFECTIVE OR HIGHLY
EFFECTIVE IN EACH OF THE FIVE PRECEDING YEARS. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, IF NO  AFFIRMATIVE
ACTION  IS  TAKEN  BY  THE  BOARD  OF EDUCATION TO TERMINATE A CLASSROOM
TEACHER OR BUILDING PRINCIPAL, OR TO APPROVE OR DENY TENURE TO A  CLASS-
ROOM TEACHER OR BUILDING PRINCIPAL 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

S. 2010                            13                            A. 3010

TEACHER  OR  PRINCIPAL  HAS RECEIVED SUCH RATINGS OF EFFECTIVE OR HIGHLY
EFFECTIVE FOR THE FIVE PRECEDING SCHOOL YEARS, DURING WHICH TIME A BOARD
OF EDUCATION SHALL EITHER DISCONTINUE THE SERVICES OF SUCH PERSON,  DENY
TENURE  OR APPROVE TENURE FOR THOSE CLASSROOM TEACHERS OR BUILDING PRIN-
CIPALS 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
SUCH A RATING OF EFFECTIVE OR HIGHLY EFFECTIVE IN THE FIFTH YEAR, AND IF
SUCH CONTINGENCY IS NOT MET, THE GRANT OF TENURE SHALL BE VOID AND UNEN-
FORCEABLE AND THE TEACHER'S OR PRINCIPAL'S PROBATIONARY PERIOD SHALL  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  PROBA-
TIONARY PERIOD AS EXTENDED PURSUANT 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 OF THIS CHAPTER.  FAILURE TO
MAINTAIN  CERTIFICATION  AS REQUIRED BY THIS CHAPTER AND THE REGULATIONS
OF THE COMMISSIONER OF EDUCATION SHALL CONSTITUTE CAUSE FOR REMOVAL.
  S 4. Section 3012 of the education law, the section heading as amended
by chapter 358 of the laws of 1978, subdivision 1 as amended by  chapter
442  of  the  laws of 1980, paragraph (a) of subdivision 1 as amended by
chapter 737 of the laws of 1992, subdivision 2 as amended by  section  8
of  part  A of chapter 57 of the laws of 2007, subdivision 3 as added by
chapter 859 of the laws of 1955 and as renumbered by chapter 717 of  the
laws of 1970, is amended to read as follows:
  S 3012. Tenure:  certain school districts.  1. (a) I. 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
PRIOR  TO  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  three  years,  except  that in the case of a teacher who has
rendered satisfactory service as a regular substitute for  a  period  of
two years or 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  probationary  period shall be limited to one year;
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 of this [chapter]  ARTICLE,  the  probationary  period
shall  not exceed 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 or  the  trustees  of  a  common
school district.
  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

S. 2010                            14                            A. 3010

A PROBATIONARY PERIOD OF FIVE 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 OR 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 THREE 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 OF THIS ARTICLE,  THE
TEACHER  SHALL BE APPOINTED FOR A PROBATIONARY PERIOD OF FOUR YEARS. THE
SERVICE OF A PERSON APPOINTED TO ANY OF SUCH POSITIONS MAY BE DISCONTIN-
UED 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.
  (b) I. Principals, administrators, supervisors and all  other  members
of  the  supervising  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 PRIOR TO JULY FIRST,
TWO  THOUSAND  FIFTEEN, shall be appointed by the board of education, or
the trustees of a common school district, upon the recommendation of the
superintendent of schools for a probationary period of three years.  The
service of a person appointed to any of such positions may be discontin-
ued  at any time during the probationary period on the recommendation of
the superintendent of schools, by a majority vote of the board of educa-
tion or the trustees of a common school district.
  II. PRINCIPALS, ADMINISTRATORS, SUPERVISORS AND ALL OTHER  MEMBERS  OF
THE  SUPERVISING  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  EDUCA-
TION,  OR THE TRUSTEES OF A COMMON SCHOOL DISTRICT, UPON THE RECOMMENDA-
TION OF THE SUPERINTENDENT OF SCHOOLS FOR A PROBATIONARY PERIOD OF  FIVE
YEARS. THE SERVICE OF A PERSON APPOINTED TO ANY OF SUCH POSITIONS MAY BE
DISCONTINUED AT ANY TIME DURING THE PROBATIONARY PERIOD ON THE RECOMMEN-
DATION OF THE SUPERINTENDENT OF SCHOOLS, BY A MAJORITY VOTE OF THE BOARD
OF EDUCATION OR THE TRUSTEES OF A COMMON SCHOOL DISTRICT.
  (c) Any person previously appointed to tenure or a probationary period
pursuant  to the provisions of former section three thousand thirteen of
this [chapter] ARTICLE shall continue  to  hold  such  position  and  be
governed  by the provisions of this section notwithstanding any contrary
provision of law.
  2. (A) At  the  expiration  of  the  probationary  term  of  a  person
appointed  for  such  term  PRIOR  TO  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[,
consistent with any applicable rules of the  board  of  regents  adopted
pursuant  to  section  three  thousand  twelve-b  of this article]. Such
persons, and all others employed in the teaching service of the  schools
of such union free school district, common school district and/or school
district employing fewer than eight teachers, who have served the proba-
tionary  period as provided in this section, shall hold their respective

S. 2010                            15                            A. 3010

positions during good behavior and efficient and competent service,  and
shall  not  be  removed  except for any of the following causes, after a
hearing, as provided by section three thousand twenty-a  of  [such  law]
THIS  ARTICLE:   (a) insubordination, immoral character or conduct unbe-
coming a teacher; (b) inefficiency,  incompetency,  physical  or  mental
disability, or neglect of duty; (c) failure to maintain certification as
required  by  this  chapter  and by the regulations of the commissioner.
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 proba-
tionary period.
  (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 OF THIS ARTICLE, OF EITHER EFFECTIVE  OR  HIGHLY
EFFECTIVE IN EACH OF THE FIVE PRECEDING YEARS. NOTWITHSTANDING ANY OTHER
PROVISION  OF LAW, RULE OR REGULATION TO THE CONTRARY, IF NO AFFIRMATIVE
ACTION IS TAKEN BY THE TRUSTEES OR BOARD OF  EDUCATION  TO  TERMINATE  A
CLASSROOM TEACHER OR BUILDING PRINCIPAL, OR TO APPROVE OR DENY TENURE TO
A  CLASSROOM  TEACHER  OR  BUILDING  PRINCIPAL  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 THE FIVE PRECEDING SCHOOL YEARS, DURING WHICH TIME
THE TRUSTEES OR BOARD OF EDUCATION SHALL EITHER DISCONTINUE THE SERVICES
OF SUCH PERSON, DENY TENURE OR APPROVE TENURE FOR THOSE CLASSROOM TEACH-
ERS 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 SUCH A RATING OF EFFECTIVE OR
HIGHLY EFFECTIVE IN THE FIFTH YEAR, AND IF SUCH CONTINGENCY IS NOT  MET,
THE GRANT OF TENURE SHALL BE VOID AND UNENFORCEABLE AND THE TEACHER'S OR
PRINCIPAL'S  PROBATIONARY  PERIOD  SHALL  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 COMPETENT SERVICE, AND SHALL NOT
BE REMOVABLE EXCEPT FOR CAUSE AFTER A HEARING  AS  PROVIDED  BY  SECTION
THREE  THOUSAND  TWENTY-A  OF THIS ARTICLE.  FAILURE TO MAINTAIN CERTIF-
ICATION AS REQUIRED BY THIS CHAPTER AND THE REGULATIONS OF  THE  COMMIS-
SIONER OF EDUCATION SHALL CONSTITUTE CAUSE FOR REMOVAL.
  3.  Notwithstanding  any  other provision of this section no period in
any school year for which there is no required service and/or for  which
no  compensation  is  provided  shall in any event constitute a break or
suspension of probationary period or continuity of tenure rights of  any
of the persons hereinabove described.
  S 5. Section 3014 of the education law, as added by chapter 583 of the
laws  of  1955,  subdivision  1 as amended by chapter 551 of the laws of
1976, subdivision 2 as amended by section 10 of part A of chapter 57  of
the laws of 2007, is amended to read as follows:

S. 2010                            16                            A. 3010

  S 3014. Tenure:  boards  of  cooperative educational services.  1. (A)
Administrative assistants, supervisors, teachers and all  other  members
of the teaching and supervising staff of the board of cooperative educa-
tional  services  APPOINTED  PRIOR  TO JULY FIRST, TWO THOUSAND FIFTEEN,
shall be appointed by a majority vote of the board of cooperative educa-
tional  services  upon the recommendation of the district superintendent
of schools for a probationary period  of  not  to  exceed  three  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  cooper-
ative 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 subdivision
one of section three thousand twenty-a of this  [chapter]  ARTICLE,  the
probationary  period shall not exceed two years. Services of a person so
appointed to any such positions may be discontinued at any  time  during
such probationary period, upon the recommendation of the district super-
intendent,  by  a  majority vote of the board of cooperative educational
services.
  (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
FIVE  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 SUBDIVISION ONE OF SECTION THREE THOUSAND TWENTY-A  OF  THIS
ARTICLE,  THE  TEACHER  SHALL  BE APPOINTED FOR A PROBATIONARY PERIOD OF
FOUR YEARS. SERVICES OF A PERSON SO APPOINTED TO ANY SUCH POSITIONS  MAY
BE  DISCONTINUED  AT  ANY TIME DURING SUCH PROBATIONARY PERIOD, UPON THE
RECOMMENDATION OF THE DISTRICT SUPERINTENDENT, BY A MAJORITY VOTE OF THE
BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  2. (A) On or before the expiration  of  the  probationary  term  of  a
person  appointed  for  such  term  PRIOR  TO  JULY  FIRST, TWO THOUSAND
FIFTEEN, the district superintendent of schools  shall  make  a  written
report to the board of cooperative educational services recommending for
appointment  on  tenure persons who have been found competent, efficient
and satisfactory[, consistent with any applicable rules of the board  of
regents  adopted  pursuant  to  section  three thousand twelve-b of this
article]. 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 of [such law] THIS  ARTICLE:  [(a)]  (I)
Insubordination,  immoral  character  or  conduct  unbecoming a teacher;
[(b)] (II) Inefficiency, incompetency, physical or mental disability  or
neglect  of  duty;  [(c)]  (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 probationary
period.
  (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,

S. 2010                            17                            A. 3010

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 THREE THOUSAND TWELVE-C OF THIS ARTICLE,  OF  EITHER
EFFECTIVE  OR  HIGHLY  EFFECTIVE  IN  EACH  OF THE FIVE PRECEDING YEARS.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR  REGULATION  TO  THE
CONTRARY,  IF NO AFFIRMATIVE ACTION IS TAKEN BY THE BOARD OF COOPERATIVE
EDUCATIONAL SERVICES TO TERMINATE A CLASSROOM TEACHER OR BUILDING  PRIN-
CIPAL,  OR  TO APPROVE OR DENY TENURE TO A CLASSROOM TEACHER OR BUILDING
PRINCIPAL 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 THE FIVE
PRECEDING SCHOOL YEARS, DURING WHICH TIME A BOARD OF COOPERATIVE  EDUCA-
TIONAL  SERVICES  SHALL  EITHER DISCONTINUE THE SERVICES OF SUCH PERSON,
DENY TENURE OR APPROVE TENURE FOR THOSE CLASSROOM TEACHERS  OR  BUILDING
PRINCIPALS WHO OTHERWISE HAVE BEEN FOUND COMPETENT, EFFICIENT AND SATIS-
FACTORY.    PROVIDED, HOWEVER, THAT THE BOARD OF COOPERATIVE EDUCATIONAL
SERVICES MAY GRANT TENURE  CONTINGENT  UPON  A  CLASSROOM  TEACHER'S  OR
BUILDING  PRINCIPAL'S  RECEIPT  OF  SUCH A RATING OF EFFECTIVE OR HIGHLY
EFFECTIVE IN THE FIFTH YEAR, AND IF SUCH CONTINGENCY  IS  NOT  MET,  THE
GRANT  OF  TENURE  SHALL  BE VOID AND UNENFORCEABLE AND THE TEACHER'S OR
PRINCIPAL'S PROBATIONARY PERIOD SHALL 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 FOLLOWING CAUSES, AFTER A HEARING, AS
PROVIDED BY SECTION THREE THOUSAND TWENTY-A OF THIS ARTICLE: (I)  INSUB-
ORDINATION,  IMMORAL  CHARACTER  OR  CONDUCT  UNBECOMING A TEACHER; (II)
INEFFICIENCY, INCOMPETENCY, PHYSICAL OR MENTAL DISABILITY OR NEGLECT  OF
DUTY;  (III) FAILURE TO MAINTAIN CERTIFICATION AS REQUIRED BY THIS CHAP-
TER 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  IMME-
DIATELY PRECEDING THE EXPIRATION OF HIS PROBATIONARY PERIOD.
  S  6. Subdivision 1 of section 3012-c of the education law, as amended
by chapter 21 of the laws of 2012, is amended to read as follows:
  1. Notwithstanding any other provision of law, rule or  regulation  to
the  contrary, the annual professional performance reviews of all class-
room teachers and building principals employed by  school  districts  or
boards of cooperative educational services shall be conducted in accord-
ance with the provisions of this section. Such performance reviews which
are  conducted  on  or  after  July first, two thousand eleven, or on or
after the date specified in paragraph  c  of  subdivision  two  of  this
section  where applicable, shall include measures of student achievement
and be conducted in accordance with this section.  Such  annual  profes-
sional  performance reviews shall be a significant factor for employment
decisions including but not limited  to,  promotion,  retention,  tenure
determination,  termination,  and supplemental compensation, which deci-
sions are to be made in accordance  with  locally  developed  procedures
negotiated pursuant to the requirements of article fourteen of the civil
service  law  where  applicable. Provided, however, that nothing in this
section shall be construed to affect the UNFETTERED statutory right of a
school district or board of cooperative educational services  to  termi-
nate a probationary teacher or principal for ANY statutorily and consti-

S. 2010                            18                            A. 3010

tutionally permissible reasons [other than the performance of the teach-
er  or  principal in the classroom or school], including but not limited
to  misconduct  AND  UNTIL  A   TENURE   DECISION   IS   MADE   AT   THE
END/EXPIRATION/CONCLUSION OF THE PROBATIONARY PERIOD, THE PERFORMANCE OF
THE  TEACHER  OR  PRINCIPAL IN THE CLASSROOM.   Such performance reviews
shall also be a significant factor in teacher and principal development,
including but not limited to, coaching, induction support and  differen-
tiated  professional development, which are to be locally established in
accordance with procedures negotiated pursuant to  the  requirements  of
article fourteen of the civil service law.
  S  7.  Paragraph b of subdivision 5 of section 3012-c of the education
law, as added by chapter 21 of the laws of 2012, is amended to  read  as
follows:
  b. Nothing in this section shall be construed to alter or diminish the
authority of the governing body of a school district or board of cooper-
ative  educational  services  to  grant  or  deny tenure to or terminate
probationary teachers or probationary  building  principals  during  the
pendency  of  an  appeal  pursuant  to  this section for statutorily and
constitutionally permissible reasons [other than] INCLUDING  the  teach-
er's or principal's performance that is the subject of the appeal.
  S 8. This act shall take effect immediately.

                                SUBPART D

  Section  1. The education law is amended by adding a new section 211-g
to read as follows:
  S 211-G. TAKEOVER AND RESTRUCTURING FAILING SCHOOL DISTRICTS. 1. (A) A
SCHOOL DISTRICT, OTHER THAN A SPECIAL ACT SCHOOL DISTRICT AS DEFINED  IN
SUBDIVISION EIGHT OF SECTION FOUR THOUSAND ONE OF THIS CHAPTER, SHALL BE
DEEMED  ELIGIBLE  FOR DESIGNATION AS FAILING UPON A DETERMINATION BY THE
COMMISSIONER, PURSUANT TO REGULATIONS ADOPTED BY SUCH COMMISSIONER, THAT
THE SCHOOL DISTRICT HAS SCORED IN THE LOWEST TWO AND ONE-HALF PERCENT OF
SCHOOL DISTRICTS STATEWIDE WHEN COMPARED TO  OTHER  DISTRICTS  BASED  ON
METRICS  OF  STUDENT  ACHIEVEMENT  AND OUTCOMES PRESCRIBED IN SUCH REGU-
LATIONS WHICH MAY INCLUDE BUT SHALL NOT BE  LIMITED  TO  PERFORMANCE  ON
STATE  ASSESSMENTS,  GRADUATION RATES AND DROP-OUT RATES AND/OR PERFORM-
ANCE OF THE DISTRICT OVER TIME IN  SUCH  MEASURES  OF  STUDENT  ACADEMIC
ACHIEVEMENT  AND OUTCOMES. IN MAKING SUCH DETERMINATION THE COMMISSIONER
SHALL CONSIDER THE SEVERITY AND DURATION OF THE DEFICIENCIES IN  STUDENT
ACHIEVEMENT AND OUTCOMES OF THE DISTRICT.
  (B) FOR ANY SCHOOL DISTRICT DEEMED ELIGIBLE FOR A DESIGNATION AS FAIL-
ING, THE COMMISSIONER SHALL APPOINT A DISTRICT REVIEW TEAM TO ASSESS AND
REPORT ON THE REASONS FOR THE CHRONIC UNDERPERFORMANCE AND THE PROSPECTS
FOR  IMPROVEMENT, UNLESS SUCH AN ASSESSMENT, WHICH IS DEEMED ADEQUATE BY
THE COMMISSIONER, HAS BEEN PREVIOUSLY COMPLETED  BY  A  DISTRICT  REVIEW
TEAM,  INTEGRATED INTERVENTION TEAM OR DISTINGUISHED EDUCATOR WITHIN THE
PREVIOUS YEAR.
  (I) THE DISTRICT REVIEW TEAM SHALL HAVE THE MEMBERSHIP  PRESCRIBED  BY
THE  COMMISSIONER,  PROVIDED  THAT  IT SHALL INCLUDE AT LEAST ONE PERSON
WITH EXPERTISE IN THE EDUCATION OF  ENGLISH  LANGUAGE  LEARNERS  AND  AT
LEAST  ONE PERSON WITH EXPERTISE IN THE EDUCATION OF STUDENTS WITH DISA-
BILITIES.
  (II) PURSUANT TO REGULATIONS ADOPTED BY THE COMMISSIONER, THE DISTRICT
REVIEW TEAM SHALL EVALUATE THE PERFORMANCE  OF  THE  DISTRICT  BASED  ON
MULTIPLE  INDICATORS  OF  DISTRICT QUALITY INCLUDING STUDENT ATTENDANCE,
SHORT-TERM AND LONG-TERM SUSPENSION RATES, STUDENT PROMOTION AND  GRADU-

S. 2010                            19                            A. 3010

ATION  RATES  IN  THE  DISTRICT, OR THE LACK OF DEMONSTRATED SIGNIFICANT
IMPROVEMENT FOR TWO OR MORE CONSECUTIVE YEARS IN ENGLISH  LANGUAGE  ARTS
AND  MATHEMATICS,  EITHER  IN  THE  AGGREGATE  OR  AMONG ALL THE STUDENT
SUBGROUPS USED IN THE STATE'S ACCOUNTABILITY SYSTEM. THE DISTRICT REVIEW
TEAM SHALL ALSO CONSIDER DISTRICT LEADERSHIP AND CAPACITY, SCHOOL LEADER
PRACTICES  AND  DECISIONS,  CURRICULUM  DEVELOPMENT AND SUPPORT, TEACHER
PRACTICES AND DECISIONS,  STUDENT  SOCIAL  AND  EMOTIONAL  DEVELOPMENTAL
HEALTH AND FAMILY AND COMMUNITY ENGAGEMENT.
  (C)  UPON  REVIEW  OF  THE  FINDINGS  OF THE DISTRICT REVIEW TEAM, THE
COMMISSIONER MAY DECLARE A DISTRICT AS FAILING. NOT MORE  THAN  TWO  AND
ONE-HALF  PERCENT  OF  THE  TOTAL  NUMBER OF SCHOOL DISTRICTS WITHIN THE
STATE MAY BE DESIGNATED AS FAILING AT ANY GIVEN TIME.
  2. (A) UPON DESIGNATION AS A FAILING SCHOOL DISTRICT, THE COMMISSIONER
SHALL APPOINT A RECEIVER FOR THE SCHOOL DISTRICT WHO SHALL  POSSESS  AND
MAINTAIN  ALL  OF THE POWERS VESTED IN THE SUPERINTENDENT OF SCHOOLS, OR
OTHER CHIEF SCHOOL OFFICER OF THE DISTRICT, AND THE BOARD OF  EDUCATION,
AND  SHALL  HAVE THE POWER TO SUPERSEDE ANY DECISION OF SUCH SUPERINTEN-
DENT OR CHIEF SCHOOL OFFICER, OR OF THE BOARD OF EDUCATION. THE RECEIVER
SHALL HAVE AUTHORITY TO REVIEW PROPOSED SCHOOL DISTRICT BUDGETS PRIOR TO
PRESENTATION TO THE DISTRICT VOTERS, OR IN THE CASE  OF  A  CITY  SCHOOL
DISTRICT  IN A CITY HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOU-
SAND OR MORE OR THE ADOPTION OF A CONTINGENCY BUDGET, PRIOR TO  APPROVAL
BY  THE BOARD OF EDUCATION, AND TO MODIFY THE PROPOSED BUDGET TO CONFORM
TO THE DISTRICT TURNAROUND PLAN.
  (B) THE COMMISSIONER SHALL CONTRACT WITH THE RECEIVER, AND THE COMPEN-
SATION AND OTHER COSTS OF THE RECEIVER  APPOINTED  BY  THE  COMMISSIONER
SHALL  BE  PAID  FROM  A STATE APPROPRIATION FOR SUCH PURPOSE, OR BY THE
SCHOOL DISTRICT, AS DETERMINED BY THE COMMISSIONER.  NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, THE  RECEIVER  AND  ANY  OF  ITS
EMPLOYEES  PROVIDING  SERVICES  IN THE RECEIVERSHIP SHALL BE ENTITLED TO
DEFENSE AND INDEMNIFICATION BY THE SCHOOL DISTRICT TO THE SAME EXTENT AS
A SCHOOL DISTRICT EMPLOYEE.
  (C)  THE  RECEIVER  SHALL  BE  A  NON-PROFIT  ENTITY,  ANOTHER  SCHOOL
DISTRICT,  OR  AN INDIVIDUAL, WHO SHALL OPERATE INDEPENDENTLY, BUT WHOSE
CONTRACT MAY BE TERMINATED BY THE COMMISSIONER FOR A VIOLATION OF LAW OR
THE COMMISSIONER'S REGULATIONS OR  FOR  NEGLECT  OF  DUTY.  AN  EXTERNAL
RECEIVER  APPOINTED BY THE COMMISSIONER TO OPERATE A DISTRICT UNDER THIS
SECTION SHALL HAVE FULL MANAGERIAL AND  OPERATIONAL  CONTROL  OVER  SUCH
DISTRICT;  PROVIDED,  HOWEVER,  THAT THE BOARD OF EDUCATION SHALL REMAIN
THE EMPLOYER OF RECORD, AND PROVIDED FURTHER THAT ANY  EMPLOYMENT  DECI-
SIONS  OF  THE  BOARD OF EDUCATION MAY BE SUPERSEDED BY THE RECEIVER. IT
SHALL BE THE DUTY OF THE BOARD OF EDUCATION AND  THE  SUPERINTENDENT  OF
SCHOOLS  TO  FULLY  COOPERATE  WITH  THE RECEIVER AND WILLFUL FAILURE TO
COOPERATE OR INTERFERENCE WITH  THE  FUNCTIONS  OF  THE  RECEIVER  SHALL
CONSTITUTE WILLFUL NEGLECT OF DUTY FOR PURPOSES OF SECTION THREE HUNDRED
SIX  OF THIS TITLE.  THE RECEIVER OR THE RECEIVER'S DESIGNEE SHALL BE AN
EX OFFICIO NON-VOTING MEMBER OF  THE  BOARD  OF  EDUCATION  ENTITLED  TO
ATTEND ALL MEETINGS OF THE BOARD OF EDUCATION.
  3. THE RECEIVER SHALL CREATE A DISTRICT TURNAROUND PLAN TO PROMOTE THE
RAPID  IMPROVEMENT  OF THE FAILING DISTRICT AND SUBMIT IT TO THE COMMIS-
SIONER FOR APPROVAL. THE PLAN SHALL SPECIFICALLY FOCUS ON THE SCHOOL  OR
SCHOOLS  IN  THE DISTRICT THAT HAVE BEEN IDENTIFIED AS BEING IN ACCOUNT-
ABILITY STATUS UNDER THE STATE'S ACCOUNTABILITY SYSTEM AND THE  DISTRICT
POLICIES OR PRACTICES THAT HAVE CONTRIBUTED TO CHRONIC UNDERPERFORMANCE.
  4.  BEFORE  CREATING  THE  DISTRICT  TURNAROUND  PLAN REQUIRED BY THIS
SUBDIVISION, THE RECEIVER SHALL CONSULT WITH  LOCAL  STAKEHOLDERS,  SUCH

S. 2010                            20                            A. 3010

AS:  (A)  THE BOARD OF EDUCATION; (B) THE SUPERINTENDENT OF SCHOOLS; (C)
BUILDING PRINCIPALS AND OTHER SCHOOL LEADERS;  (D)  TEACHERS  AND  THEIR
COLLECTIVE  BARGAINING  REPRESENTATIVES;  (E)  SCHOOL ADMINISTRATORS AND
THEIR  COLLECTIVE  BARGAINING  REPRESENTATIVES;  (F) PARENTS OF STUDENTS
ATTENDING THE SCHOOL OR THEIR REPRESENTATIVES;  (G)  REPRESENTATIVES  OF
APPLICABLE STATE AND LOCAL SOCIAL SERVICES, HEALTH, AND/OR MENTAL HEALTH
AGENCIES;  (H)  AS  APPROPRIATE,  REPRESENTATIVES  OF LOCAL PROVIDERS OF
CAREER AND TECHNICAL EDUCATION SERVICES, STATE OR LOCAL WORKFORCE DEVEL-
OPMENT AGENCIES AND THE LOCAL BUSINESS COMMUNITY; (I) REPRESENTATIVES OF
LOCAL PREKINDERGARTEN PROGRAMS; AND  (J)  REPRESENTATIVES  FROM    LOCAL
INSTITUTIONS OF HIGHER EDUCATION.
  5.  (A) IN THE DEVELOPMENT OF THE DISTRICT TURNAROUND PLAN FOR A FAIL-
ING SCHOOL DISTRICT, THE RECEIVER SHALL  INCLUDE  MEASURES  INTENDED  TO
MAXIMIZE  THE  RAPID IMPROVEMENT OF THE ACADEMIC ACHIEVEMENT OF STUDENTS
IN THE DISTRICT AND SHALL ENSURE THAT THE PLAN ADDRESSES DISTRICT  LEAD-
ERSHIP  AND  CAPACITY, SCHOOL LEADER PRACTICES AND DECISIONS, CURRICULUM
DEVELOPMENT AND SUPPORT, TEACHER PRACTICES AND DECISIONS, STUDENT SOCIAL
AND EMOTIONAL DEVELOPMENTAL WELL-BEING, HEALTH AND FAMILY AND  COMMUNITY
ENGAGEMENT.  TO THE EXTENT PRACTICABLE, THE RECEIVER SHALL BASE THE PLAN
ON STUDENT OUTCOME DATA, INCLUDING, BUT NOT LIMITED  TO:    (I)  STUDENT
ACHIEVEMENT  GROWTH DATA BASED ON STATE ASSESSMENTS; (II) OTHER MEASURES
OF STUDENT ACHIEVEMENT; (III) STUDENT PROMOTION  AND  GRADUATION  RATES;
(IV)  ACHIEVEMENT  AND GROWTH DATA FOR THE SUBGROUPS OF STUDENTS USED IN
THE STATE'S ACCOUNTABILITY SYSTEM;  (V)  STUDENT  ATTENDANCE;  AND  (VI)
LONG-TERM AND SHORT-TERM SUSPENSION RATES.
  (B)  THE  DISTRICT  TURNAROUND  PLAN SHALL, AFTER CONSIDERATION OF THE
RECOMMENDATIONS MADE BY THE LOCAL STAKEHOLDER GROUP, INCLUDE THE FOLLOW-
ING: (I) STEPS TO ADDRESS SOCIAL SERVICE, HEALTH AND MENTAL HEALTH NEEDS
OF STUDENTS IN THE DISTRICT AND THEIR FAMILIES IN ORDER TO HELP STUDENTS
ARRIVE AND REMAIN AT SCHOOL READY TO LEARN; PROVIDED, HOWEVER, THAT THIS
MAY INCLUDE MENTAL HEALTH AND SUBSTANCE ABUSE SCREENING; (II)  STEPS  TO
IMPROVE  OR EXPAND ACCESS TO CHILD WELFARE SERVICES AND, AS APPROPRIATE,
SERVICES IN THE SCHOOL DISTRICT COMMUNITY TO PROMOTE A SAFE  AND  SECURE
LEARNING  ENVIRONMENT;  (III)  AS  APPLICABLE,  STEPS TO PROVIDE GREATER
ACCESS TO CAREER  AND  TECHNICAL  EDUCATION  AND  WORKFORCE  DEVELOPMENT
SERVICES  PROVIDED  TO  STUDENTS  IN  THE DISTRICT AND THEIR FAMILIES IN
ORDER TO PROVIDE STUDENTS AND FAMILIES WITH MEANINGFUL EMPLOYMENT SKILLS
AND OPPORTUNITIES; (IV) STEPS TO ADDRESS ACHIEVEMENT  GAPS  FOR  ENGLISH
LANGUAGE LEARNERS, STUDENTS WITH DISABILITIES AND ECONOMICALLY DISADVAN-
TAGED  STUDENTS,  AS APPLICABLE; (V) STEPS TO ADDRESS SCHOOL CLIMATE AND
POSITIVE BEHAVIOR SUPPORT; AND (VI) A BUDGET FOR THE DISTRICT TURNAROUND
PLAN.
  (C) AS NECESSARY, THE COMMISSIONERS OF THE DEPARTMENT OF  HEALTH,  THE
OFFICE  OF  CHILDREN  AND  FAMILY  SERVICES, THE DEPARTMENT OF LABOR AND
OTHER APPLICABLE STATE AND LOCAL SOCIAL SERVICE, HEALTH,  MENTAL  HEALTH
AND  CHILD  WELFARE  OFFICIALS  SHALL  COORDINATE  WITH THE COMMISSIONER
REGARDING THE IMPLEMENTATION OF THE  STRATEGIES  DESCRIBED  IN  SUBPARA-
GRAPHS  (I)  THROUGH (III) OF PARAGRAPH (B) OF THIS SUBDIVISION THAT ARE
INCLUDED IN THE DISTRICT TURNAROUND PLAN AND SHALL, SUBJECT TO APPROPRI-
ATION,  REASONABLY  SUPPORT  THE  IMPLEMENTATION  CONSISTENT  WITH   THE
REQUIREMENTS  OF  STATE  AND  FEDERAL  LAW  APPLICABLE  TO  THE RELEVANT
PROGRAMS THAT EACH SUCH OFFICIAL IS RESPONSIBLE  FOR  ADMINISTERING  AND
GRANT  FAILING  SCHOOLS  PRIORITY  ACCESS  TO  COMPETITIVE GRANTS TO THE
EXTENT ALLOWABLE.
  (D) IN ORDER TO ASSESS THE SCHOOL DISTRICT ACROSS MULTIPLE  INDICATORS
OF  DISTRICT  PERFORMANCE  AND  STUDENT SUCCESS, THE DISTRICT TURNAROUND

S. 2010                            21                            A. 3010

PLAN SHALL INCLUDE, MEASURABLE ANNUAL GOALS INCLUDING, BUT  NOT  LIMITED
TO, THE FOLLOWING: (I) STUDENT ATTENDANCE; (II) SHORT-TERM AND LONG-TERM
SUSPENSION  RATES;  (III)  STUDENT  SAFETY  AND DISCIPLINE; (IV) STUDENT
PROMOTION AND GRADUATION AND DROP-OUT RATES; (V) STUDENT ACHIEVEMENT AND
GROWTH  ON  STATE ASSESSMENTS; (VI) PROGRESS IN AREAS OF ACADEMIC UNDER-
PERFORMANCE; (VII) PROGRESS AMONG THE SUBGROUPS OF STUDENTS USED IN  THE
STATE'S  ACCOUNTABILITY  SYSTEM;  (VIII)  REDUCTION  OF ACHIEVEMENT GAPS
AMONG DIFFERENT GROUPS OF STUDENTS;  (IX)  DEVELOPMENT  OF  COLLEGE  AND
CAREER  READINESS, INCLUDING AT THE ELEMENTARY AND MIDDLE SCHOOL LEVELS;
(X) PARENT AND FAMILY ENGAGEMENT; (XI) BUILDING A  CULTURE  OF  ACADEMIC
SUCCESS  AMONG STUDENTS; (XII) BUILDING A CULTURE OF STUDENT SUPPORT AND
SUCCESS AMONG FACULTY AND STAFF; AND (XIII) USING DEVELOPMENTALLY APPRO-
PRIATE CHILD ASSESSMENTS FROM PRE-KINDERGARTEN THROUGH THIRD  GRADE,  IF
APPLICABLE.
  (E)  NOTWITHSTANDING  ANY  OTHER  APPLICABLE  LAW  TO THE CONTRARY, IN
CREATING THE DISTRICT TURNAROUND PLAN, THE RECEIVER SHALL: (I) ESTABLISH
COMMUNITY SCHOOLS AT SCHOOLS IN THE DISTRICT TO PROVIDE EXPANDED HEALTH,
MENTAL HEALTH AND OTHER SERVICES TO THE COMMUNITY; (II) EXPAND, ALTER OR
REPLACE THE CURRICULUM AND PROGRAM OFFERINGS OF THE  DISTRICT  OR  OF  A
SCHOOL  IN  THE DISTRICT, INCLUDING THE IMPLEMENTATION OF RESEARCH-BASED
EARLY LITERACY PROGRAMS, EARLY INTERVENTIONS FOR STRUGGLING READERS  AND
THE  TEACHING OF ADVANCED PLACEMENT COURSES OR OTHER RIGOROUS NATIONALLY
OR INTERNATIONALLY RECOGNIZED COURSES, IF THE DISTRICT OR SCHOOLS IN THE
DISTRICT DO NOT ALREADY HAVE SUCH PROGRAMS  OR  COURSES;  (III)  REPLACE
UNQUALIFIED  TEACHERS  AND  ADMINISTRATORS, INCLUDING SCHOOL LEADERSHIP;
(IV) PROVIDE FUNDS, SUBJECT TO APPROPRIATION  TO  INCREASE  SALARIES  OF
CURRENT  OR PROSPECTIVE TEACHERS OR ADMINISTRATORS IN THE DISTRICT WORK-
ING IN A SCHOOL IN ACCOUNTABILITY STATUS; AND  (V)  ESTABLISH  STEPS  TO
IMPROVE HIRING, INDUCTION, TEACHER EVALUATION, PROFESSIONAL DEVELOPMENT,
TEACHER ADVANCEMENT, SCHOOL CULTURE AND ORGANIZATIONAL STRUCTURE.
  IN  ADDITION  TO  THESE  INTERVENTIONS,  THE  RECEIVER  MAY TAKE OTHER
ACTIONS TO SUPPORT THE TURNAROUND PLAN INCLUDING BUT NOT LIMITED TO: (I)
REALLOCATE THE USES OF THE EXISTING BUDGET OF THE DISTRICT; (II)  EXPAND
THE  SCHOOL DAY OR SCHOOL YEAR OR BOTH OF SCHOOLS IN THE DISTRICT; (III)
LIMIT, SUSPEND OR CHANGE ONE OR  MORE  PROVISIONS  OF  ANY  CONTRACT  OR
COLLECTIVE BARGAINING AGREEMENT IN THE DISTRICT; PROVIDED, HOWEVER, THAT
THE  RECEIVER  SHALL  NOT  REDUCE  THE COMPENSATION OF AN ADMINISTRATOR,
TEACHER OR STAFF MEMBER UNLESS THE HOURS OF THE PERSON  ARE  PROPORTION-
ATELY  REDUCED;  (IV) ADD FULL-DAY PRE-KINDERGARTEN AND FULL-DAY KINDER-
GARTEN PROGRAMS, IF THE DISTRICT DOES NOT ALREADY  HAVE  SUCH  PROGRAMS;
(V)  DIRECT  THE  RECEIVER, IN ACCORDANCE WITH PARAGRAPHS (F) AND (G) OF
THIS SUBDIVISION, TO ABOLISH THE POSITIONS OF ALL MEMBERS OF THE  TEACH-
ING AND ADMINISTRATIVE AND SUPERVISORY STAFF ASSIGNED TO A SCHOOL DESIG-
NATED  AS  A  FAILING SCHOOL PURSUANT TO SECTION TWO HUNDRED ELEVEN-F OF
THIS PART, AND  TERMINATE  THE  EMPLOYMENT  OF  ANY  BUILDING  PRINCIPAL
ASSIGNED  TO  SUCH  A SCHOOL AND REQUIRE THEM TO REAPPLY FOR THEIR POSI-
TIONS IN THE DISTRICT, WITH  FULL  DISCRETION  VESTED  IN  THE  RECEIVER
REGARDING  ANY  SUCH REAPPLICATIONS; (VI) INCLUDE A PROVISION OF JOB-EM-
BEDDED PROFESSIONAL DEVELOPMENT FOR TEACHERS IN THE  DISTRICT,  WITH  AN
EMPHASIS  ON  STRATEGIES  THAT INVOLVE TEACHER INPUT AND FEEDBACK; (VII)
ESTABLISH A PLAN FOR PROFESSIONAL DEVELOPMENT FOR ADMINISTRATORS IN  THE
DISTRICT,  WITH AN EMPHASIS ON STRATEGIES THAT DEVELOP LEADERSHIP SKILLS
AND USE THE PRINCIPLES OF DISTRIBUTIVE LEADERSHIP; AND/OR  (VIII)  ORDER
THE  CONVERSION OF A DISTRICT SCHOOL THAT HAS BEEN DESIGNATED AS FAILING
PURSUANT TO SECTION TWO HUNDRED ELEVEN-F OF THIS PART WITHOUT A VOTE  OF
THE  PARENTS  OF  THE  SCHOOL,  PROVIDED  THAT NOTWITHSTANDING ANY OTHER

S. 2010                            22                            A. 3010

PROVISION OF THE LAW TO THE CONTRARY, THE BOARD OF REGENTS SHALL BE  THE
CHARTER  ENTITY  FOR SUCH CHARTER SCHOOL AND THE PROVISIONS OF PARAGRAPH
(B) AND SUBPARAGRAPH (I) OF PARAGRAPH  (B-1)  OF  SUBDIVISION  THREE  OF
SECTION  TWENTY-EIGHT HUNDRED FIFTY-FOUR OF THIS CHAPTER SHALL NOT APPLY
TO SUCH A CONVERSION CHARTER SCHOOL.
  (F) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION  TO
THE  CONTRARY, UPON DESIGNATION OF A SCHOOL DISTRICT AS A FAILING SCHOOL
DISTRICT PURSUANT TO SECTION TWO HUNDRED  ELEVEN-G  OF  THIS  PART,  THE
ABOLITION OF POSITIONS OF MEMBERS OF THE TEACHING AND ADMINISTRATIVE AND
SUPERVISORY STAFF OF THE SCHOOL DISTRICT SHALL THEREAFTER BE GOVERNED BY
THE   APPLICABLE   PROVISIONS   OF   SECTION  TWENTY-FIVE  HUNDRED  TEN,
TWENTY-FIVE HUNDRED EIGHTY-FIVE,  TWENTY-FIVE  HUNDRED  EIGHTY-EIGHT  OR
THREE THOUSAND THIRTEEN OF THIS CHAPTER. A CLASSROOM TEACHER OR BUILDING
PRINCIPAL  WHO HAS RECEIVED TWO OR MORE COMPOSITE RATINGS OF INEFFECTIVE
ON AN ANNUAL PROFESSIONAL PERFORMANCE REVIEW OR WHO HAS  NEVER  RECEIVED
AN EFFECTIVE OR HIGHLY EFFECTIVE RATING ON SUCH A REVIEW SHALL BE DEEMED
NOT  TO  HAVE RENDERED FAITHFUL AND COMPETENT SERVICE WITHIN THE MEANING
OF SECTION TWENTY-FIVE HUNDRED  TEN,  TWENTY-FIVE  HUNDRED  EIGHTY-FIVE,
TWENTY-FIVE  HUNDRED  EIGHTY-EIGHT  OR  THREE  THOUSAND THIRTEEN OF THIS
CHAPTER. WHEN A POSITION OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL IS
ABOLISHED, THE SERVICES OF THE TEACHER OR  ADMINISTRATOR  OR  SUPERVISOR
WITHIN  THE  TENURE  AREA  OF  THE POSITION WITH THE LOWEST SCORE ON THE
STATE GROWTH AND OTHER COMPARABLE  MEASURES  SUBCOMPONENT  OF  THE  MOST
RECENT  ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEW SHALL BE DISCONTINUED,
PROVIDED THAT SENIORITY WITHIN THE TENURE OF THE POSITION SHALL BE  USED
SOLELY  TO  DETERMINE WHICH POSITION SHOULD BE DISCONTINUED IN THE EVENT
OF A TIE.
  (G) THE RECEIVER MAY ABOLISH THE  POSITIONS  OF  ALL  MEMBERS  OF  THE
TEACHING  AND SUPERVISORY STAFF ASSIGNED TO A SCHOOL DESIGNATED AS FAIL-
ING PURSUANT TO SECTION TWO HUNDRED ELEVEN-F OF THIS PART, AND TERMINATE
ANY BUILDING PRINCIPAL ASSIGNED TO SUCH SCHOOL WHO IS NOT IN  A  TENURED
POSITION,  AND REQUIRE THEM TO REAPPLY FOR PROBATIONARY APPOINTMENT. THE
RECEIVER SHALL HAVE THE SAME DISCRETION UPON SUCH REAPPLICATION  AS  THE
BOARD  OF  EDUCATION  HAS WITH ANY CANDIDATE FOR A PROBATIONARY APPOINT-
MENT. A DETERMINATION OF THE RECEIVER NOT TO REHIRE A TEACHER,  ADMINIS-
TRATOR  OR  SUPERVISOR  MAY  BE APPEALED TO THE COMMISSIONER PURSUANT TO
SECTION THREE HUNDRED TEN OF THIS TITLE,  PROVIDED  THAT  SUCH  DETERMI-
NATION MAY ONLY BE SET ASIDE UPON A FINDING THAT THE RECEIVER'S DETERMI-
NATION WAS MADE IN BAD FAITH OR FOR CONSTITUTIONAL OR STATUTORY REASONS.
NOTWITHSTANDING  ANY OTHER PROVISION OF LAW TO THE CONTRARY, A MEMBER OF
THE TEACHING OR ADMINISTRATIVE STAFF WHO IS NOT REHIRED PURSUANT TO THIS
PARAGRAPH SHALL NOT HAVE ANY RIGHT TO BUMP OR DISPLACE ANY OTHER  PERSON
EMPLOYED BY THE DISTRICT, BUT SHALL BE PLACED ON A PREFERRED ELIGIBILITY
LIST IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF SECTION TWENTY-FIVE
HUNDRED TEN, TWENTY-FIVE HUNDRED EIGHTY-FIVE, TWENTY-FIVE HUNDRED EIGHT-
Y-EIGHT OR THREE THOUSAND THIRTEEN OF THIS CHAPTER.
  (H)  FOR  A  DISTRICT WITH ENGLISH LANGUAGE LEARNERS, THE PROFESSIONAL
DEVELOPMENT AND PLANNING TIME FOR TEACHERS AND ADMINISTRATORS IDENTIFIED
IN SUBPARAGRAPHS (IX) THROUGH (XI), INCLUSIVE, OF PARAGRAPH (D) OF  THIS
SUBDIVISION  SHALL  INCLUDE  SPECIFIC STRATEGIES AND CONTENT DESIGNED TO
MAXIMIZE THE RAPID ACADEMIC ACHIEVEMENT OF ENGLISH LANGUAGE LEARNERS  IN
THE DISTRICT.
  6.  A  FINAL  DISTRICT TURNAROUND PLAN SHALL BE ISSUED BY THE RECEIVER
WITHIN SIX MONTHS OF DESIGNATION OF THE DISTRICT  AS  A  FAILING  SCHOOL
DISTRICT.  A  COPY OF SUCH PLAN SHALL BE PROVIDED TO THE BOARD OF EDUCA-
TION, THE SUPERINTENDENT OF SCHOOLS AND THE COLLECTIVE BARGAINING REPRE-

S. 2010                            23                            A. 3010

SENTATIVES OF TEACHERS AND ADMINISTRATORS OF THE  SCHOOL  DISTRICT.  THE
PLAN SHALL BE PUBLICLY AVAILABLE AND SHALL BE POSTED ON THE DEPARTMENT'S
WEBSITE AND THE SCHOOL DISTRICT'S WEBSITE, AND THE SCHOOL DISTRICT SHALL
PROVIDE  NOTICE  TO  PARENTS  OF  SUCH  DISTRICT TURNAROUND PLAN AND ITS
AVAILABILITY.
  7. THE DISTRICT TURNAROUND PLAN SHALL BE AUTHORIZED FOR  A  PERIOD  OF
NOT  MORE  THAN  THREE YEARS. THE RECEIVER MAY DEVELOP ADDITIONAL COMPO-
NENTS OF THE PLAN AND SHALL DEVELOP ANNUAL GOALS FOR EACH  COMPONENT  OF
THE PLAN IN A MANNER CONSISTENT WITH THE PROVISIONS OF THIS SECTION. THE
RECEIVER  SHALL  BE  RESPONSIBLE  FOR  MEETING THE GOALS OF THE DISTRICT
TURNAROUND PLAN.
  8. THE RECEIVER SHALL PROVIDE A WRITTEN REPORT TO THE BOARD OF  EDUCA-
TION  ON  A  QUARTERLY  BASIS  TO PROVIDE SPECIFIC INFORMATION ABOUT THE
PROGRESS BEING MADE ON THE IMPLEMENTATION  OF  THE  DISTRICT'S  DISTRICT
TURNAROUND PLAN. ONE OF THE QUARTERLY REPORTS SHALL BE THE ANNUAL EVALU-
ATION REQUIRED IN SUBDIVISION NINE OF THIS SECTION.
  9.  THE COMMISSIONER SHALL EVALUATE THE PERFORMANCE OF THE RECEIVER ON
NOT LESS THAN AN ANNUAL BASIS. THE PURPOSE OF SUCH EVALUATION  SHALL  BE
TO  ASSESS THE IMPLEMENTATION OF THE DISTRICT TURNAROUND PLAN AND DETER-
MINE WHETHER THE DISTRICT HAS MET THE  ANNUAL  GOALS  CONTAINED  IN  THE
DISTRICT TURNAROUND PLAN. THE EVALUATION SHALL BE IN WRITING AND SUBMIT-
TED  TO  THE  COMMISSIONER  AND  THE  BOARD  OF  EDUCATION OF THE SCHOOL
DISTRICT NO LATER THAN JULY FIRST FOR THE PRECEDING SCHOOL YEAR.  IF THE
COMMISSIONER DETERMINES THAT THE DISTRICT HAS MET THE ANNUAL PERFORMANCE
GOALS STATED IN THE DISTRICT TURNAROUND PLAN, THE  EVALUATION  SHALL  BE
CONSIDERED  SUFFICIENT AND THE IMPLEMENTATION OF THE DISTRICT TURNAROUND
PLAN SHALL CONTINUE. IF THE COMMISSIONER DETERMINES  THAT  THE  RECEIVER
HAS  NOT  MET  ONE OR MORE GOALS IN THE PLAN AND THE FAILURE TO MEET THE
GOALS MAY BE CORRECTED THROUGH REASONABLE MODIFICATION OF THE PLAN,  THE
COMMISSIONER  MAY  REQUIRE THE RECEIVER TO AMEND THE DISTRICT TURNAROUND
PLAN, AS NECESSARY. IF THE COMMISSIONER DETERMINES THAT THE RECEIVER HAS
SUBSTANTIALLY FAILED TO MEET MULTIPLE GOALS IN THE  DISTRICT  TURNAROUND
PLAN,  THE  COMMISSIONER  MAY  TERMINATE  THE CONTRACT OF SUCH RECEIVER;
PROVIDED, HOWEVER, THAT THE  TERMINATION  SHALL  NOT  OCCUR  BEFORE  THE
COMPLETION  OF  THE  FIRST  FULL  SCHOOL YEAR OF THE RECEIVERSHIP OF THE
DISTRICT.
  10. AFTER THE PERIOD OF RECEIVERSHIP, THE COMMISSIONER SHALL CONDUCT A
REEVALUATION OF A DISTRICT'S STATUS AS FAILING PURSUANT TO THIS SECTION.
THE COMMISSIONER SHALL ADOPT REGULATIONS PROVIDING FOR:  THE REMOVAL  OF
A  DESIGNATION  OF  A  DISTRICT  AS CHRONICALLY UNDERPERFORMING; AND THE
TRANSFER OF THE OPERATION OF A CHRONICALLY UNDERPERFORMING DISTRICT FROM
AN EXTERNAL RECEIVER BACK TO THE SUPERINTENDENT OF SCHOOLS AND THE BOARD
OF EDUCATION OF THE SCHOOL DISTRICT, BASED ON THE MEASURABLE IMPROVEMENT
OF THE DISTRICT.
  (A) THE REGULATIONS SHALL INCLUDE PROVISIONS TO ALLOW  A  DISTRICT  TO
RETAIN MEASURES ADOPTED IN A DISTRICT TURNAROUND PLAN FOR A TRANSITIONAL
PERIOD  IF,  IN  THE  JUDGMENT  OF  THE COMMISSIONER, THE MEASURES WOULD
CONTRIBUTE TO THE CONTINUED IMPROVEMENT  OF  THE  DISTRICT.  SUCH  REGU-
LATIONS  SHALL  ALSO INCLUDE PROVISIONS THAT CLEARLY IDENTIFY THE CONDI-
TIONS UNDER WHICH SUCH A TRANSITIONAL PERIOD SHALL END  AND  THE  POWERS
GRANTED TO THE COMMISSIONER UNDER THIS SECTION SHALL CEASE TO APPLY TO A
DISTRICT PREVIOUSLY DESIGNATED AS A FAILING SCHOOL DISTRICT.
  (B)  PURSUANT  TO  THE REGULATIONS PROMULGATED BY THE COMMISSIONER, AT
ANY TIME AFTER A FAILING DISTRICT HAS BEEN PLACED IN  RECEIVERSHIP,  THE
BOARD  OF EDUCATION OF THE SCHOOL DISTRICT MAY PETITION THE COMMISSIONER
FOR A DETERMINATION AS TO WHETHER THE DISTRICT TURNAROUND PLAN SHOULD BE

S. 2010                            24                            A. 3010

MODIFIED OR ELIMINATED AND WHETHER THE SCHOOL DISTRICT SHALL  NO  LONGER
BE  DESIGNATED  AS  FAILING.  THE BOARD OF EDUCATION OF A FAILING SCHOOL
DISTRICT MAY SEEK REVIEW BY COMMISSIONER FOLLOWING AN  ADVERSE  DETERMI-
NATION.
  (C)  IF,  PURSUANT  TO  THE REGULATIONS ADOPTED BY THE COMMISSIONER, A
DISTRICT HAS NOT IMPROVED SUFFICIENTLY TO REMOVE THE DESIGNATION OF  THE
DISTRICT  AS FAILING, THE COMMISSIONER MAY: (I) JOINTLY DETERMINE SUBSE-
QUENT ANNUAL GOALS FOR EACH COMPONENT OF THE  DISTRICT  TURNAROUND  PLAN
WITH  THE  RECEIVER  AND RENEW THE DISTRICT TURNAROUND PLAN FOR AN ADDI-
TIONAL PERIOD OF NOT MORE  THAN  THREE  YEARS;  OR  (II)  TERMINATE  THE
CONTRACT  OF  THE  RECEIVER,  APPOINT A NEW RECEIVER AND CREATE A NEW OR
MODIFIED DISTRICT TURNAROUND PLAN, CONSISTENT WITH THE  REQUIREMENTS  OF
THIS SECTION.
  S  2.  The  education  law is amended by adding a new section 211-f to
read as follows:
  S 211-F. TAKE OVER AND RESTRUCTURING FAILING  SCHOOLS.    1.  (A)  THE
COMMISSIONER  SHALL  DESIGNATE  AS FAILING EACH OF THE SCHOOLS THAT HAVE
BEEN IDENTIFIED UNDER THE STATE'S ACCOUNTABILITY SYSTEM TO BE AMONG  THE
LOWEST  ACHIEVING  FIVE PERCENT OF PUBLIC SCHOOLS IN THE STATE (PRIORITY
SCHOOLS) FOR AT  LEAST  THREE  YEARS  BASED  UPON  MEASURES  OF  STUDENT
ACHIEVEMENT AND OUTCOMES AND A METHODOLOGY PRESCRIBED IN THE REGULATIONS
OF  THE  COMMISSIONER, PROVIDED THAT THIS LIST SHALL NOT INCLUDE SCHOOLS
WITHIN A SPECIAL ACT SCHOOL DISTRICT AS DEFINED IN SUBDIVISION EIGHT  OF
SECTION  FOUR THOUSAND ONE OF THIS CHAPTER OR SCHOOLS CHARTERED PURSUANT
TO ARTICLE FIFTY-SIX OF THIS CHAPTER.
  (B) A FAILING SCHOOL SHALL OPERATE IN ACCORDANCE WITH LAWS  REGULATING
OTHER  PUBLIC  SCHOOLS, EXCEPT AS SUCH PROVISIONS MAY CONFLICT WITH THIS
SECTION OR ANY SCHOOL INTERVENTION PLANS CREATED THEREUNDER.
  (C) UPON THE DESIGNATION OF A SCHOOL AS A FAILING SCHOOL IN ACCORDANCE
WITH REGULATIONS DEVELOPED PURSUANT TO THIS  SECTION,  THE  COMMISSIONER
SHALL  APPOINT AN EXTERNAL RECEIVER TO MANAGE AND OPERATE THE SCHOOL AND
TO DEVELOP AND IMPLEMENT A SCHOOL INTERVENTION PLAN FOR THE SCHOOL.  THE
COMMISSIONER  SHALL MAKE SUCH APPOINTMENTS AS EXPEDITIOUSLY AS POSSIBLE,
AND IN PRIORITIZING SCHOOLS FOR APPOINTMENTS THE COMMISSIONER SHALL GIVE
PRIORITY BASED ON THE SEVERITY AND DURATION OF THE SCHOOL'S DEFICIENCIES
IN STUDENT ACHIEVEMENT AND OUTCOMES.
  2. (A) THE RECEIVER SHALL BE AUTHORIZED  TO  MANAGE  AND  OPERATE  THE
FAILING SCHOOL AND SHALL HAVE THE POWER TO SUPERSEDE ANY DECISION OF THE
SUPERINTENDENT  OF  SCHOOLS  OR CHIEF SCHOOL OFFICER, OR OF THE BOARD OF
EDUCATION OR OF THE BUILDING PRINCIPAL  THAT  IN  THE  JUDGMENT  OF  THE
RECEIVER  CONFLICTS WITH THE SCHOOL IMPROVEMENT PLAN. THE RECEIVER SHALL
HAVE AUTHORITY TO REVIEW PROPOSED SCHOOL DISTRICT BUDGETS PRIOR TO PRES-
ENTATION TO THE DISTRICT VOTERS,  OR  IN  THE  CASE  OF  A  CITY  SCHOOL
DISTRICT  IN A CITY HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOU-
SAND OR MORE OR THE ADOPTION OF A CONTINGENCY BUDGET, PRIOR TO  APPROVAL
BY  THE BOARD OF EDUCATION, AND TO MODIFY THE PROPOSED BUDGET TO CONFORM
TO THE SCHOOL INTERVENTION PLAN.
  (B) THE PROVISIONS OF PARAGRAPHS (B) AND (C)  OF  SUBDIVISION  TWO  OF
SECTION  TWO  HUNDRED  ELEVEN-G  OF  THIS  PART SHALL APPLY TO RECEIVERS
APPOINTED PURSUANT TO THIS SECTION.
  3. BEFORE DEVELOPING THE SCHOOL INTERVENTION PLAN, THE RECEIVER  SHALL
CONSULT WITH LOCAL STAKEHOLDERS SUCH AS: (A) THE BOARD OF EDUCATION; (B)
THE  SUPERINTENDENT OF SCHOOLS; (C) THE BUILDING PRINCIPAL; (D) TEACHERS
ASSIGNED TO THE SCHOOL AND THEIR COLLECTIVE  BARGAINING  REPRESENTATIVE;
(E)  SCHOOL  ADMINISTRATORS  ASSIGNED TO THE SCHOOL AND THEIR COLLECTIVE
BARGAINING REPRESENTATIVE; (F) PARENTS OF STUDENTS ATTENDING THE  SCHOOL

S. 2010                            25                            A. 3010

OR  THEIR  REPRESENTATIVES;  (G) REPRESENTATIVES OF APPLICABLE STATE AND
LOCAL SOCIAL SERVICE, HEALTH AND MENTAL HEALTH AGENCIES; (H)  AS  APPRO-
PRIATE,  REPRESENTATIVES  OF LOCAL CAREER EDUCATION PROVIDERS, STATE AND
LOCAL  WORKFORCE  DEVELOPMENT AGENCIES AND THE LOCAL BUSINESS COMMUNITY;
(I) FOR ELEMENTARY SCHOOLS,  REPRESENTATIVES  OF  LOCAL  PREKINDERGARTEN
PROGRAMS  AND,  (J) AS NEEDED FOR MIDDLE SCHOOLS OR HIGH SCHOOLS, REPRE-
SENTATIVES OF LOCAL HIGHER EDUCATION INSTITUTIONS.
  4. IN CREATING  THE  SCHOOL  INTERVENTION  PLAN,  THE  RECEIVER  SHALL
INCLUDE  PROVISIONS  INTENDED TO MAXIMIZE THE RAPID ACADEMIC ACHIEVEMENT
OF STUDENTS AT THE SCHOOL AND  SHALL  ENSURE  THAT  THE  PLAN  ADDRESSES
DISTRICT LEADERSHIP AND CAPACITY, SCHOOL LEADER PRACTICES AND DECISIONS,
CURRICULUM  DEVELOPMENT  AND  SUPPORT,  TEACHER PRACTICES AND DECISIONS,
STUDENT SOCIAL AND EMOTIONAL DEVELOPMENTAL HEALTH AND FAMILY AND  COMMU-
NITY ENGAGEMENT. THE RECEIVER SHALL, TO THE EXTENT PRACTICABLE, BASE THE
PLAN  ON  THE  FINDINGS OF ANY RECENT DIAGNOSTIC REVIEW OR ASSESSMENT OF
THE SCHOOL THAT HAS BEEN  CONDUCTED  AND,  AS  APPLIED  TO  THE  SCHOOL,
STUDENT  OUTCOME  DATA AS SPECIFIED IN PARAGRAPH (A) OF SUBDIVISION FIVE
OF SECTION TWO HUNDRED ELEVEN-G OF THIS PART.
  5. (A) THE RECEIVER SHALL ADDRESS IN THE SCHOOL INTERVENTION PLAN  THE
STRATEGIES SET FORTH IN PARAGRAPH (B) OF SUBDIVISION FIVE OF SECTION TWO
HUNDRED  ELEVEN-G  OF  THIS  PART, AS APPLIED TO THE SCHOOL, EXCEPT THAT
INSTEAD OF THE SCHOOL DISTRICT  BUDGET,  THE  SCHOOL  INTERVENTION  PLAN
SHALL INCLUDE A FINANCIAL PLAN.
  (B)  AS  NECESSARY, THE COMMISSIONERS OF THE DEPARTMENT OF HEALTH, THE
OFFICE OF CHILDREN AND FAMILY SERVICES,  THE  DEPARTMENT  OF  LABOR  AND
OTHER  APPLICABLE  STATE AND LOCAL SOCIAL SERVICE, HEALTH, MENTAL HEALTH
AND CHILD WELFARE OFFICIALS SHALL COORDINATE WITH THE RECEIVER REGARDING
THE IMPLEMENTATION OF THE  STRATEGIES  DESCRIBED  IN  SUBPARAGRAPHS  (I)
THROUGH  (III)  OF  PARAGRAPH  (B)  OF  SUBDIVISION  FIVE OF SECTION TWO
HUNDRED ELEVEN-G OF THIS PART THAT ARE INCLUDED  IN  THE  SCHOOL  INTER-
VENTION PLAN AND SHALL, SUBJECT TO APPROPRIATION, REASONABLY SUPPORT THE
IMPLEMENTATION CONSISTENT WITH THE REQUIREMENTS OF STATE AND FEDERAL LAW
APPLICABLE TO THE RELEVANT PROGRAMS THAT EACH SUCH OFFICIAL IS RESPONSI-
BLE FOR ADMINISTERING, AND GRANT COMMUNITY SCHOOLS ACCESS TO COMPETITIVE
GRANTS, AS ALLOWABLE.
  6.  IN  ORDER  TO ASSESS THE SCHOOL ACROSS MULTIPLE MEASURES OF SCHOOL
PERFORMANCE AND STUDENT SUCCESS,  THE  SCHOOL  INTERVENTION  PLAN  SHALL
INCLUDE MEASURABLE ANNUAL GOALS, AS SET FORTH IN PARAGRAPH (D) OF SUBDI-
VISION  FIVE  OF  SECTION  TWO  HUNDRED  ELEVEN-G OF THIS PART, THAT ARE
TAILORED TO THE NEEDS OF THE SCHOOL.
  7. (A) NOTWITHSTANDING ANY GENERAL OR SPECIAL LAW TO THE CONTRARY,  IN
CREATING  AND  IMPLEMENTING  THE  SCHOOL INTERVENTION PLAN, THE RECEIVER
SHALL, AFTER CONSULTING WITH STAKEHOLDERS: (I) CONVERT SCHOOLS TO COMMU-
NITY SCHOOLS  TO  PROVIDE  EXPANDED  HEALTH,  MENTAL  HEALTH  AND  OTHER
SERVICES  TO THE COMMUNITY; (II) EXPAND, ALTER OR REPLACE THE CURRICULUM
AND PROGRAM OFFERINGS OF THE SCHOOL,  INCLUDING  THE  IMPLEMENTATION  OF
RESEARCH-BASED EARLY LITERACY PROGRAMS, EARLY INTERVENTIONS FOR STRUGGL-
ING  READERS  AND  THE  TEACHING  OF ADVANCED PLACEMENT COURSES OR OTHER
RIGOROUS NATIONALLY OR INTERNATIONALLY RECOGNIZED COURSES, IF THE SCHOOL
DOES NOT ALREADY HAVE SUCH PROGRAMS OR COURSES; (III)  REPLACE  UNQUALI-
FIED  TEACHERS  AND  ADMINISTRATORS,  INCLUDING  SCHOOL LEADERSHIP; (IV)
INCREASE SALARIES OF CURRENT OR PROSPECTIVE TEACHERS AND ADMINISTRATORS;
AND (V) IMPROVED HIRING,  INDUCTION,  TEACHER  EVALUATION,  PROFESSIONAL
DEVELOPMENT,  TEACHER  ADVANCEMENT,  SCHOOL  CULTURE  AND ORGANIZATIONAL
STRUCTURE.

S. 2010                            26                            A. 3010

  IN ADDITION TO THE ABOVE INTERVENTIONS, THE  RECEIVER  MAY  ALSO:  (I)
REALLOCATE  THE  USES  OF THE EXISTING BUDGET OF THE SCHOOL; (II) EXPAND
THE SCHOOL DAY OR SCHOOL YEAR OR BOTH OF THE SCHOOL; (III) FOR A  SCHOOL
THAT  OFFERS  THE FIRST GRADE, ADD PRE-KINDERGARTEN AND FULL-DAY KINDER-
GARTEN  CLASSES,  IF THE SCHOOL DOES NOT ALREADY HAVE SUCH CLASSES; (IV)
LIMIT, SUSPEND, OR CHANGE ONE OR MORE  PROVISIONS  OF  ANY  CONTRACT  OR
COLLECTIVE BARGAINING AGREEMENT, AS THE CONTRACT OR AGREEMENT APPLIES TO
THE  SCHOOL;  PROVIDED,  HOWEVER, THAT THE RECEIVER SHALL NOT REDUCE THE
COMPENSATION OF AN ADMINISTRATOR, TEACHER OR  STAFF  MEMBER  UNLESS  THE
HOURS  OF  THE PERSON ARE PROPORTIONATELY REDUCED; AND PROVIDED FURTHER,
THAT UPON REQUEST OF THE RECEIVER THE PUBLIC EMPLOYMENT RELATIONS  BOARD
SHALL  REQUIRE  THE  BOARD  OF  EDUCATION  AND ANY APPLICABLE COLLECTIVE
BARGAINING REPRESENTATIVES TO BARGAIN IN GOOD FAITH FOR AT LEAST  THIRTY
DAYS BEFORE EXERCISING AUTHORITY PURSUANT TO THIS CLAUSE; (V) IN ACCORD-
ANCE  WITH  PARAGRAPHS  (B)  AND (C) OF THIS SUBDIVISION, TO ABOLISH THE
POSITIONS OF ALL MEMBERS OF THE TEACHING AND ADMINISTRATIVE AND SUPERVI-
SORY STAFF ASSIGNED TO THE FAILING SCHOOL AND TERMINATE  THE  EMPLOYMENT
OF ANY BUILDING PRINCIPAL ASSIGNED TO SUCH A SCHOOL, AND REQUIRE THEM TO
REAPPLY FOR THEIR POSITIONS IN THE DISTRICT; (VI) INCLUDE A PROVISION OF
JOB-EMBEDDED  PROFESSIONAL  DEVELOPMENT FOR TEACHERS AT THE SCHOOL, WITH
AN EMPHASIS ON STRATEGIES THAT INVOLVE TEACHER INPUT AND FEEDBACK; (VII)
ESTABLISH A PLAN FOR PROFESSIONAL DEVELOPMENT FOR ADMINISTRATORS AT  THE
SCHOOL,  WITH  AN  EMPHASIS ON STRATEGIES THAT DEVELOP LEADERSHIP SKILLS
AND USE THE PRINCIPLES OF DISTRIBUTIVE LEADERSHIP; AND/OR  (VIII)  ORDER
THE  CONVERSION OF A DISTRICT SCHOOL THAT HAS BEEN DESIGNATED AS FAILING
PURSUANT TO THIS SECTION WITHOUT A VOTE OF THE PARENTS  OF  THE  SCHOOL,
PROVIDED  THAT NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRA-
RY, THE BOARD OF REGENTS SHALL BE THE CHARTER ENTITY  FOR  SUCH  CHARTER
SCHOOL AND THE PROVISIONS OF PARAGRAPH (B) AND SUBPARAGRAPH (I) OF PARA-
GRAPH  (B-1) OF SUBDIVISION THREE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-
FOUR OF THIS CHAPTER SHALL  NOT  APPLY  TO  SUCH  A  CONVERSION  CHARTER
SCHOOL.
  (B)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, UPON DESIGNATION OF ANY SCHOOL OF THE SCHOOL DISTRICT AS A
FAILING SCHOOL PURSUANT TO THIS SECTION, THE ABOLITION OF  POSITIONS  OF
MEMBERS  OF THE TEACHING AND ADMINISTRATIVE AND SUPERVISORY STAFF OF THE
SCHOOL  DISTRICT  SHALL  THEREAFTER  BE  GOVERNED  BY   THE   APPLICABLE
PROVISIONS  OF  SECTION  TWENTY-FIVE  HUNDRED  TEN,  TWENTY-FIVE HUNDRED
EIGHTY-FIVE, TWENTY-FIVE HUNDRED EIGHTY-EIGHT OR THREE THOUSAND THIRTEEN
OF THIS CHAPTER AS MODIFIED BY THIS PARAGRAPH. A  CLASSROOM  TEACHER  OR
BUILDING  PRINCIPAL  WHO  HAS  RECEIVED TWO OR MORE COMPOSITE RATINGS OF
INEFFECTIVE ON AN ANNUAL PROFESSIONAL  PERFORMANCE  REVIEW  OR  WHO  HAS
NEVER  RECEIVED AN EFFECTIVE OR HIGHLY EFFECTIVE RATING ON SUCH A REVIEW
SHALL BE DEEMED NOT TO HAVE  RENDERED  FAITHFUL  AND  COMPETENT  SERVICE
WITHIN  THE  MEANING  OF  SECTION  TWENTY-FIVE  HUNDRED TEN, TWENTY-FIVE
HUNDRED EIGHTY-FIVE, TWENTY-FIVE HUNDRED EIGHTY-EIGHT OR THREE  THOUSAND
THIRTEEN  OF  THIS  CHAPTER.  WHEN  A POSITION OF A CLASSROOM TEACHER OR
BUILDING PRINCIPAL IS ABOLISHED, THE SERVICES OF THE TEACHER OR ADMINIS-
TRATOR OR SUPERVISOR WITHIN THE TENURE AREA OF  THE  POSITION  WITH  THE
LOWEST SCORE ON THE STATE GROWTH AND OTHER COMPARABLE MEASURES SUBCOMPO-
NENT  OF THE MOST RECENT ANNUAL PROFESSIONAL PERFORMANCE REVIEW SHALL BE
DISCONTINUED, PROVIDED THAT SENIORITY WITHIN THE TENURE OF THE  POSITION
SHALL  BE USED SOLELY TO DETERMINE WHICH POSITION SHOULD BE DISCONTINUED
IN THE EVENT OF A TIE.
  (C) THE RECEIVER MAY ABOLISH THE  POSITIONS  OF  ALL  MEMBERS  OF  THE
TEACHING  AND SUPERVISORY STAFF ASSIGNED TO A SCHOOL DESIGNATED AS FAIL-

S. 2010                            27                            A. 3010

ING PURSUANT TO THIS  SECTION,  AND  TERMINATE  ANY  BUILDING  PRINCIPAL
ASSIGNED  TO  SUCH  SCHOOL WHO IS NOT IN A TENURED POSITION, AND REQUIRE
THEM TO REAPPLY FOR A PROBATIONARY APPOINTMENT.   THE BOARD  SHALL  HAVE
THE SAME DISCRETION UPON SUCH REAPPLICATION AS IT HAS WITH ANY CANDIDATE
FOR  A  PROBATIONARY  APPOINTMENT.   A DETERMINATION OF THE BOARD NOT TO
REHIRE A TEACHER, ADMINISTRATOR OR SUPERVISOR MAY  BE  APPEALED  TO  THE
COMMISSIONER  PURSUANT  TO  SECTION  THREE  HUNDRED  TEN  OF THIS TITLE,
PROVIDED THAT SUCH DETERMINATION MAY ONLY BE SET ASIDE  UPON  A  FINDING
THAT  THE  BOARD'S  DETERMINATION WAS MADE IN BAD FAITH OR FOR CONSTITU-
TIONALLY OR STATUTORILY IMPERMISSIBLE REASONS. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, A MEMBER OF THE TEACHING  OR  ADMINIS-
TRATIVE  STAFF  WHO  IS NOT REHIRED PURSUANT TO THIS PARAGRAPH SHALL NOT
HAVE ANY RIGHT TO BUMP OR DISPLACE ANY  OTHER  PERSON  EMPLOYED  BY  THE
DISTRICT, BUT SHALL BE PLACED ON A PREFERRED ELIGIBILITY LIST IN ACCORD-
ANCE  WITH THE APPLICABLE PROVISIONS OF SECTION TWENTY-FIVE HUNDRED TEN,
TWENTY-FIVE HUNDRED EIGHTY-FIVE,  TWENTY-FIVE  HUNDRED  EIGHTY-EIGHT  OR
THREE THOUSAND THIRTEEN OF THIS CHAPTER.
  (D)  FOR  A  SCHOOL  WITH  ENGLISH LANGUAGE LEARNERS, THE PROFESSIONAL
DEVELOPMENT AND PLANNING TIME FOR TEACHERS AND ADMINISTRATORS IDENTIFIED
IN CLAUSES (VI) THROUGH (VIII) OF THE CLOSING PARAGRAPH OF PARAGRAPH (A)
OF THIS SUBDIVISION,  SHALL  INCLUDE  SPECIFIC  STRATEGIES  AND  CONTENT
DESIGNED  TO  MAXIMIZE  THE  RAPID  ACADEMIC  ACHIEVEMENT OF THE ENGLISH
LANGUAGE LEARNERS.
  (E) IF THE RECEIVER PROPOSES TO REALLOCATE FUNDS TO  THE  SCHOOL  FROM
THE  BUDGET OF THE DISTRICT UNDER CLAUSE (I) OF THE CLOSING PARAGRAPH OF
PARAGRAPH (A) OF THIS SUBDIVISION, THE RECEIVER SHALL NOTIFY  THE  BOARD
OF EDUCATION, IN WRITING, OF THE AMOUNT OF AND RATIONALE FOR THE REALLO-
CATION.
  8.  A  FINAL  SCHOOL INTERVENTION PLAN SHALL BE ISSUED BY THE RECEIVER
WITHIN SIX MONTHS OF DESIGNATION OF THE SCHOOL AS A  FAILING  SCHOOL.  A
COPY  OF  SUCH  PLAN  SHALL  BE  PROVIDED TO THE BOARD OF EDUCATION, THE
SUPERINTENDENT OF SCHOOLS AND THE COLLECTIVE BARGAINING  REPRESENTATIVES
OF TEACHERS AND ADMINISTRATORS OF THE SCHOOL DISTRICT. THE PLAN SHALL BE
PUBLICLY  AVAILABLE  AND SHALL BE POSTED ON THE DEPARTMENT'S WEBSITE AND
THE SCHOOL DISTRICT'S WEBSITE, AND THE  SCHOOL  DISTRICT  SHALL  PROVIDE
NOTICE TO PARENTS OF SUCH SCHOOL INTERVENTION PLAN AND ITS AVAILABILITY.
  9.  EACH  SCHOOL INTERVENTION PLAN SHALL BE AUTHORIZED FOR A PERIOD OF
NOT MORE THAN THREE YEARS. THE EXTERNAL  RECEIVER,  AS  APPLICABLE,  MAY
DEVELOP ADDITIONAL COMPONENTS OF THE PLAN AND SHALL DEVELOP ANNUAL GOALS
FOR EACH COMPONENT OF THE PLAN IN A MANNER CONSISTENT WITH THIS SECTION,
ALL  OF WHICH MUST BE APPROVED BY THE COMMISSIONER. THE EXTERNAL RECEIV-
ER, AS APPLICABLE, SHALL BE RESPONSIBLE FOR MEETING  THE  GOALS  OF  THE
SCHOOL INTERVENTION PLAN.
  10.  THE EXTERNAL RECEIVER SHALL PROVIDE A WRITTEN REPORT TO THE BOARD
OF EDUCATION ON A QUARTERLY BASIS TO PROVIDE SPECIFIC INFORMATION  ABOUT
THE  PROGRESS  BEING  MADE  ON THE IMPLEMENTATION OF THE SCHOOL'S SCHOOL
INTERVENTION PLAN. ONE OF THE QUARTERLY  REPORTS  SHALL  BE  THE  ANNUAL
EVALUATION UNDER SUBDIVISION ELEVEN OF THIS SECTION.
  11.  (A)  THE COMMISSIONER SHALL EVALUATE EACH FAILING SCHOOL AT LEAST
ANNUALLY. THE PURPOSE OF THE EVALUATION SHALL BE  TO  DETERMINE  WHETHER
THE  SCHOOL HAS MET THE ANNUAL GOALS IN ITS SCHOOL INTERVENTION PLAN AND
ASSESS THE IMPLEMENTATION OF THE PLAN AT THE SCHOOL. THE REVIEW SHALL BE
IN WRITING AND SHALL BE SUBMITTED TO THE SUPERINTENDENT AND THE BOARD OF
EDUCATION NOT LATER THAN JULY FIRST FOR THE PRECEDING SCHOOL  YEAR.  THE
REVIEW SHALL BE SUBMITTED IN A FORMAT DETERMINED BY THE COMMISSIONER.

S. 2010                            28                            A. 3010

  (B)  IF THE COMMISSIONER DETERMINES THAT THE SCHOOL HAS MET THE ANNUAL
PERFORMANCE GOALS STATED IN THE SCHOOL  INTERVENTION  PLAN,  THE  REVIEW
SHALL  BE  CONSIDERED  SUFFICIENT  AND  THE IMPLEMENTATION OF THE SCHOOL
INTERVENTION PLAN SHALL CONTINUE. IF THE  COMMISSIONER  DETERMINES  THAT
THE  SCHOOL  HAS NOT MET ONE OR MORE GOALS IN THE PLAN, THE COMMISSIONER
MAY MODIFY THE PLAN.
  12. UPON THE EXPIRATION OF A SCHOOL INTERVENTION PLAN  FOR  A  FAILING
SCHOOL,  THE COMMISSIONER SHALL CONDUCT A REVIEW OF THE SCHOOL TO DETER-
MINE WHETHER THE SCHOOL  HAS  IMPROVED  SUFFICIENTLY,  REQUIRES  FURTHER
IMPROVEMENT  OR  HAS FAILED TO IMPROVE. ON THE BASIS OF SUCH REVIEW, THE
COMMISSIONER MAY: (A) ON THE BASIS OF THE EXTERNAL  RECEIVER'S  PROGRESS
IN  SUCCESSFULLY  MEETING THE TERMS OF THE PLAN, RENEW THE PLAN WITH THE
EXTERNAL RECEIVER FOR AN ADDITIONAL PERIOD OF NOT MORE THAN THREE YEARS;
(B) IF THE FAILING SCHOOL REMAINS FAILING AND THE TERMS OF THE PLAN HAVE
NOT BEEN SUBSTANTIALLY MET, TERMINATE THE CONTRACT WITH THE RECEIVER AND
APPOINT A NEW EXTERNAL RECEIVER; OR (C) DETERMINE THAT  THE  SCHOOL  HAS
IMPROVED SUFFICIENTLY FOR THE DESIGNATION OF FAILING TO BE REMOVED.
  13. THE COMMISSIONER SHALL BE AUTHORIZED TO ADOPT REGULATIONS TO CARRY
OUT THE PROVISIONS OF THIS SECTION.
  14.  THE  COMMISSIONER  SHALL  REPORT ANNUALLY TO THE GOVERNOR AND THE
LEGISLATURE ON THE IMPLEMENTATION AND FISCAL IMPACT OF THIS SECTION  AND
SECTION TWO HUNDRED ELEVEN-G OF THIS PART. THE REPORT SHALL INCLUDE, BUT
NOT  BE  LIMITED TO, A LIST OF ALL SCHOOLS CURRENTLY DESIGNATED AS FAIL-
ING, A LIST OF ALL DISTRICTS CURRENTLY DESIGNATED AS  FAILING,  AND  THE
STRATEGIES  USED  IN  EACH  OF THE SCHOOLS AND DISTRICTS TO MAXIMIZE THE
RAPID ACADEMIC ACHIEVEMENT OF STUDENTS.
  S 3. This act shall take effect July 1, 2015; provided, however,  that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  is  authorized  and  directed to be made and completed on or
before such date.

                                SUBPART E

  Section 1. Subdivision 7-a of section 305 of  the  education  law,  as
added by chapter 296 of the laws of 2008, is amended to read as follows:
  7-a. a. In addition to the authority to revoke and annul a certificate
of qualification of a teacher in a proceeding brought pursuant to subdi-
vision  seven of this section, the commissioner shall be authorized, and
it shall be his or her duty, to revoke and annul in accordance with this
subdivision the teaching certificate of a teacher  convicted  of  a  sex
offense for which registration as a sex offender is required pursuant to
article  six-C  of  the  correction  law  OR OF ANY OTHER VIOLENT FELONY
OFFENSE IN WHICH A CHILD WAS A VICTIM.
  b. As used in this subdivision, the following  terms  shall  have  the
following meanings:
  (1)  "conviction"  means  any  conviction whether by plea of guilty or
nolo contendere or from a verdict after trial or otherwise;
  (2) "sex offense" means an offense set forth  in  subdivision  two  or
three  of  section  one  hundred  sixty-eight-a  of  the correction law,
including an offense committed in any jurisdiction for which the  offen-
der is required to register as a sex offender in New York;
  (3)  "teacher"  means  any  professional  educator  holding a teaching
certificate as defined in subparagraph four of this paragraph, including
but not limited  to  a  classroom  teacher,  teaching  assistant,  pupil

S. 2010                            29                            A. 3010

personnel  services  professional, school administrator or supervisor or
superintendent of schools; [and]
  (4)  "teaching  certificate" means the certificate or license or other
certificate of qualification granted to a teacher by any authority what-
soever; AND
  (5) "VIOLENT FELONY OFFENSE" MEANS ANY OFFENSE AS DEFINED IN  SUBDIVI-
SION ONE OF SECTION 70.02 OF THE PENAL LAW.
  c. Upon receipt of a certified copy of a criminal history record show-
ing  that  a teacher has been convicted of a sex offense or sex offenses
OR A VIOLENT FELONY OFFENSE IN WHICH  A  CHILD  WAS  A  VICTIM  or  upon
receipt  of  notice  of  such a conviction as provided in paragraph d of
this subdivision, the commissioner shall automatically revoke and  annul
the teaching certificate of such teacher without the right to a hearing.
The  commissioner  shall  mail  notice  of  the revocation and annulment
pursuant  to  this  subdivision  by  certified  mail,   return   receipt
requested,  and  by  first-class  mail  directed  to the teacher at such
teacher's last known address and, if different, the last  address  filed
by  the  certificate  holder  with the commissioner and to the teacher's
counsel of record in the criminal proceeding as reported in  the  notice
pursuant  to  paragraph  d of this subdivision. Such notice shall inform
the teacher that his or her certificate has been revoked  and  annulled,
identify  the  sex  offense or sex offenses OR VIOLENT FELONY OFFENSE OR
OFFENSES IN WHICH A CHILD WAS A VICTIM of which  the  teacher  has  been
convicted  and  shall  set  forth the procedure to follow if the teacher
denies he or she is the person who has been so convicted. If such teach-
er notifies the commissioner in writing within  twenty-five  days  after
the  date of receipt of the notice that he or she is not the same person
as the convicted offender identified in the criminal record  or  identi-
fied  pursuant  to  paragraph  d  of this subdivision, provides proof to
reasonably support such claim and  the  commissioner  is  satisfied  the
proof  establishes such claim, the commissioner shall, within five busi-
ness days of the receipt of such proof, restore such teacher's  teaching
certificate retroactive to the date of revocation and annulment.
  d.  Upon  conviction  of  a  teacher  of a sex offense defined in this
subdivision, the district attorney or other  prosecuting  authority  who
obtained  such conviction shall provide notice of such conviction to the
commissioner identifying the sex offense  or  sex  offenses  OR  VIOLENT
FELONY  OFFENSE  OR  OFFENSES IN WHICH A CHILD WAS A VICTIM of which the
teacher has been convicted, the name and address of  such  offender  and
other  identifying information prescribed by the commissioner, including
the offender's date of birth and social security number, to  the  extent
consistent  with  federal  and state laws governing personal privacy and
confidentiality of information. Such notice shall also include the  name
and business address of the offender's counsel of record in the criminal
proceeding.
  e.  Upon  receipt  of  proof  that  the conviction or convictions that
formed the basis for revocation and annulment of the teacher's  teaching
certificate pursuant to this subdivision have been set aside upon appeal
or  otherwise  reversed,  vacated or annulled, the commissioner shall be
required to conduct a due process hearing pursuant to subdivision  seven
of  this  section  and  part eighty-three of title eight of the New York
codes, rules and regulations prior  to  making  a  determination  as  to
whether  to  reinstate the teacher's original teaching certificate. Such
determination shall be made within ninety days after such proof has been
received.

S. 2010                            30                            A. 3010

  f. Except as provided in paragraph g of this subdivision, and notwith-
standing any other provision of law to the contrary, a teacher shall  be
reinstated to his or her position of employment in a public school, with
full  back  pay  and  benefits  from the date his or her certificate was
revoked or annulled to the date of such reinstatement, under the follow-
ing circumstances:
  (i)  The  termination of employment was based solely on the conviction
of a sex offense, OR CONVICTION OF A VIOLENT FELONY OFFENSE OR  OFFENSES
IN  WHICH  A  CHILD  WAS  A  VICTIM, or the revocation or annulment of a
certificate based on such conviction, and such conviction has  been  set
aside  on  appeal  or  otherwise  reversed,  vacated or annulled and the
commissioner has reinstated  the  teacher's  certification  pursuant  to
paragraph e of this subdivision; or
  (ii)  The termination of employment was based solely on the conviction
of a sex offense OR VIOLENT FELONY OFFENSE OR OFFENSES IN WHICH A  CHILD
WAS A VICTIM and it has been determined that the teacher is not the same
person as the convicted offender.
  g. If a teacher's employment was terminated as a result of a discipli-
nary proceeding conducted pursuant to section three thousand twenty-a of
this  chapter  or  other  disciplinary hearing conducted pursuant to any
collective bargaining or contractual agreement on one  or  more  grounds
other  than  conviction of a sex offense, or the revocation or annulment
of a certificate based on such conviction, then nothing in  paragraph  f
of this subdivision shall require a school district to reinstate employ-
ment of such teacher or be liable for back pay or benefits.
  h.  No  provision  of  this  article  shall  be deemed to preclude the
following: (i) the commissioner from conducting a  due  process  hearing
pursuant  to  subdivision seven of this section and part eighty-three of
title eight of the New York codes, rules  and  regulations;  or  (ii)  a
school district or employing board from bringing a disciplinary proceed-
ing  pursuant  to  section  three  thousand twenty-a of this chapter; or
(iii) a school district or employing board from bringing an  alternative
disciplinary proceeding conducted pursuant to a collective bargaining or
contractual agreement.
  i.  The commissioner shall be authorized to promulgate any regulations
necessary to implement the provisions of this subdivision.
  S 2. Subdivision 3 and paragraph a of subdivision 4 of section 3020 of
the education law, as amended by chapter 103 of the laws  of  2010,  are
amended to read as follows:
  3.  Notwithstanding  any inconsistent provision of law, the procedures
set forth in section three thousand twenty-a of this article and  subdi-
vision seven of section twenty-five hundred ninety-j of this chapter may
be modified or replaced by agreements negotiated between the city school
district  of  the city of New York and any employee organization repres-
enting employees or titles that are or were covered by any memorandum of
agreement executed by such city  school  district  and  the  council  of
supervisors  and  administrators  of  the  city  of New York on or after
December first, nineteen hundred ninety-nine. Where such procedures  are
so  modified  or  replaced:  (i)  compliance  with  such modification or
replacement procedures shall satisfy any provision in this chapter  that
requires  compliance  with  section  three  thousand  twenty-a, (ii) any
employee against whom charges have been preferred prior to the effective
date of such modification or replacement shall continue to be subject to
the provisions of such section as in effect on  the  date  such  charges
were preferred, (iii) the provisions of subdivisions one and two of this
section shall not apply to agreements negotiated pursuant to this subdi-

S. 2010                            31                            A. 3010

vision,  and (iv) in accordance with paragraph (e) of subdivision one of
section two hundred nine-a of the civil service law,  such  modification
or  replacement procedures contained in an agreement negotiated pursuant
to  this subdivision shall continue as terms of such agreement after its
expiration until a new agreement is negotiated; provided that any alter-
nate disciplinary procedures contained in a collective bargaining agree-
ment that becomes effective on or after July  first,  two  thousand  ten
shall  provide  for an expedited hearing process before a single hearing
officer in accordance with subparagraph (i-a) of paragraph c of subdivi-
sion three of section three thousand twenty-a of this article  in  cases
in  which charges of incompetence are brought against a building princi-
pal based solely upon an allegation of a pattern of ineffective teaching
or performance as defined in section three  thousand  twelve-c  of  this
article and shall provide that such a pattern of ineffective teaching or
performance  shall  constitute very significant evidence of incompetence
which may form the basis for just cause removal of the building  princi-
pal  AND  PROVIDED  FURTHER  THAT  ANY ALTERNATE DISCIPLINARY PROCEDURES
CONTAINED IN A COLLECTIVE BARGAINING AGREEMENT THAT BECOMES EFFECTIVE ON
OR AFTER APRIL FIRST, TWO THOUSAND FIFTEEN SHALL PROVIDE THAT ALL  HEAR-
INGS  SHALL BE CONDUCTED BEFORE A SINGLE HEARING OFFICER AND THAT SUCH A
PATTERN OF INEFFECTIVE TEACHING OR PERFORMANCE BY A  BUILDING  PRINCIPAL
SHALL  CONSTITUTE  PRIMA FACIE EVIDENCE OF INCOMPETENCE THAT CAN ONLY BE
REBUTTED BY CLEAR AND CONVINCING EVIDENCE THAT THE CALCULATION OF ONE OR
MORE OF THE TEACHER'S OR PRINCIPAL'S UNDERLYING COMPOSITE RATINGS ON THE
ANNUAL PROFESSIONAL PERFORMANCE REVIEWS PURSUANT TO SECTION THREE  THOU-
SAND  TWELVE-C  OF  THIS ARTICLE WAS FRAUDULENT, AND IF NOT SUCCESSFULLY
REBUTTED, THE FINDING, ABSENT EXTRAORDINARY CIRCUMSTANCES, SHALL BE JUST
CAUSE FOR REMOVAL. Notwithstanding any inconsistent  provision  of  law,
the  commissioner  shall review any appeals authorized by such modifica-
tion or replacement procedures within fifteen days from receipt by  such
commissioner of the record of prior proceedings in the matter subject to
appeal.  Such  review  shall  have  preference over all other appeals or
proceedings pending before such commissioner.
  a. Notwithstanding any inconsistent provision of law,  the  procedures
set  forth in section three thousand twenty-a of this article and subdi-
vision seven of section twenty-five hundred ninety-j of this chapter may
be modified by agreements negotiated between the city school district of
the city of New York and any employee organization representing  employ-
ees  or  titles  that are or were covered by any memorandum of agreement
executed by such city school  district  and  the  united  federation  of
teachers  on  or  after June tenth, two thousand two.  Where such proce-
dures are so modified: (i)  compliance  with  such  modified  procedures
shall  satisfy  any  provision  of this chapter that requires compliance
with section three thousand twenty-a of this article; (ii) any  employee
against  whom charges have been preferred prior to the effective date of
such modification shall continue to be subject to the provisions of such
section as in effect on the date such charges were preferred; (iii)  the
provisions  of  subdivisions one and two of this section shall not apply
to agreements negotiated pursuant to this subdivision,  except  that  no
person  enjoying  the benefits of tenure shall be disciplined or removed
during a term of employment except for just cause; and (iv)  in  accord-
ance with paragraph (e) of subdivision one of section two hundred nine-a
of  the  civil  service  law,  such  modified procedures contained in an
agreement negotiated pursuant to  this  subdivision  shall  continue  as
terms  of  such  agreement after its expiration until a new agreement is
negotiated; and provided further that any alternate disciplinary  proce-

S. 2010                            32                            A. 3010

dures contained in a collective bargaining agreement that becomes effec-
tive on or after July first, two thousand ten shall provide for an expe-
dited hearing process before a single hearing officer in accordance with
subparagraph  (i-a) of paragraph c of subdivision three of section three
thousand twenty-a of this article in cases in which charges of  incompe-
tence  are brought based solely upon an allegation of a pattern of inef-
fective teaching or performance as defined  in  section  three  thousand
twelve-c  of this article and shall provide that such a pattern of inef-
fective  teaching  or  performance  shall  constitute  very  significant
evidence  of  incompetence  which  may  form  the  basis  for just cause
removal, AND PROVIDED FURTHER THAT ANY ALTERNATE DISCIPLINARY PROCEDURES
CONTAINED IN A COLLECTIVE BARGAINING AGREEMENT THAT BECOMES EFFECTIVE ON
OR AFTER APRIL FIRST, TWO THOUSAND FIFTEEN SHALL PROVIDE THAT ALL  HEAR-
INGS  SHALL BE CONDUCTED BEFORE A SINGLE HEARING OFFICER AND THAT SUCH A
PATTERN OF INEFFECTIVE TEACHING OR PERFORMANCE  SHALL  CONSTITUTE  PRIMA
FACIE  EVIDENCE  OF  INCOMPETENCE THAT CAN ONLY BE REBUTTED BY CLEAR AND
CONVINCING EVIDENCE THAT THE CALCULATION OF ONE OR MORE OF THE TEACHER'S
OR PRINCIPAL'S UNDERLYING COMPOSITE RATINGS ON THE  ANNUAL  PROFESSIONAL
PERFORMANCE  REVIEWS PURSUANT TO SECTION THREE THOUSAND TWELVE-C OF THIS
ARTICLE WAS FRAUDULENT, AND IF NOT SUCCESSFULLY REBUTTED,  THE  FINDING,
ABSENT EXTRAORDINARY CIRCUMSTANCES, SHALL BE JUST CAUSE FOR REMOVAL.
  S  3.  Section 3020-a of the education law, as amended by section 1 of
part B of chapter 57 of the laws of 2012, is amended to read as follows:
  S 3020-a. Disciplinary procedures and penalties. 1. Filing of charges.
All charges against a person enjoying the benefits of tenure as provided
in subdivision three of section eleven hundred two, and  sections  twen-
ty-five  hundred  nine,  twenty-five  hundred seventy-three, twenty-five
hundred ninety-j, three thousand twelve and three thousand  fourteen  of
this  chapter  shall be in writing and filed with the clerk or secretary
of the school district or employing board during the period between  the
actual  opening and closing of the school year for which the employed is
normally required to serve. Except as provided in subdivision  eight  of
section  twenty-five  hundred  seventy-three  and  subdivision  seven of
section twenty-five hundred ninety-j of this chapter, no  charges  under
this section shall be brought more than three years after the occurrence
of  the alleged incompetency or misconduct, except when the charge is of
misconduct constituting a crime when committed.
  2. Disposition of charges. a. Upon receipt of the charges,  the  clerk
or secretary of the school district or employing board shall immediately
notify  said  board  thereof. Within five days after receipt of charges,
the employing board, in executive session, shall determine, by a vote of
a majority of all the members of  such  board,  whether  probable  cause
exists  to  bring a disciplinary proceeding against an employee pursuant
to this section. If such determination is affirmative, a written  state-
ment  specifying  (i)  the  charges  in detail, (ii) the maximum penalty
which will be imposed by the board if the employee does  not  request  a
hearing  or  that  will  be sought by the board if the employee is found
guilty of the charges after a hearing and (iii)  the  employee's  rights
under  this  section,  shall  be  immediately  forwarded  to the accused
employee by certified or registered mail, return receipt requested or by
personal delivery to the employee.
  b. The employee may be suspended pending a hearing on the charges  and
the  final  determination  thereof.  The  suspension  shall be with pay,
except the employee may be suspended without pay  if  the  employee  has
entered  a  guilty  plea  to  or  has  been  convicted of a felony crime
concerning the criminal sale or possession of a controlled substance,  a

S. 2010                            33                            A. 3010

precursor of a controlled substance, or drug paraphernalia as defined in
article  two  hundred twenty or two hundred twenty-one of the penal law;
or a felony crime involving the physical abuse of a  minor  or  student.
THE SUSPENSION SHALL ALSO BE WITHOUT PAY IF THE EMPLOYEE IS CHARGED WITH
MISCONDUCT  CONSTITUTING  PHYSICAL  OR  SEXUAL ABUSE OF A STUDENT AND IS
SUSPENDED PENDING AN EXPEDITED HEARING PURSUANT TO SUBPARAGRAPH (I-B) OF
PARAGRAPH C OF SUBDIVISION THREE OF THIS SECTION, PROVIDED THAT SUCH  AN
EMPLOYEE  SHALL BE ELIGIBLE TO RECEIVE REIMBURSEMENT FOR WITHHELD PAY IF
THE HEARING OFFICER FINDS IN HIS FAVOR. The employee shall be terminated
without a hearing, as provided for in this section, upon conviction of a
sex offense, as defined in subparagraph two of paragraph b  of  subdivi-
sion  seven-a  of  section  three  hundred  five of this chapter. To the
extent this section applies to an employee acting as a  school  adminis-
trator or supervisor, as defined in subparagraph three of paragraph b of
subdivision  seven-b of section three hundred five of this chapter, such
employee shall be terminated without a hearing, as provided for in  this
section, upon conviction of a felony offense defined in subparagraph two
of  paragraph  b of subdivision seven-b of section three hundred five of
this chapter.
  c. [Within] (I) FOR HEARINGS COMMENCED BY THE FILING OF CHARGES  PRIOR
TO  APRIL FIRST, TWO THOUSAND FIFTEEN, WITHIN ten days of receipt of the
statement of charges, the employee shall notify the clerk  or  secretary
of the employing board in writing whether he or she desires a hearing on
the  charges  and  when  the charges concern pedagogical incompetence or
issues involving pedagogical judgment, his or her  choice  of  either  a
single  hearing  officer  or a three member panel, provided that a three
member panel shall not be available where the charges  concern  pedagog-
ical  incompetence  based solely upon a teacher's or principal's pattern
of ineffective teaching or performance as defined in section three thou-
sand twelve-c of this article. All other charges shall  be  heard  by  a
single hearing officer.
  (II) ALL HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER APRIL
FIRST, TWO THOUSAND FIFTEEN SHALL BE HEARD BY A SINGLE HEARING OFFICER.
  d. The unexcused failure of the employee to notify the clerk or secre-
tary  of  his or her desire for a hearing within ten days of the receipt
of charges shall be deemed a waiver of the right to a hearing.  Where an
employee requests a hearing in the manner provided for by this  section,
the  clerk or secretary of the board shall, within three working days of
receipt of the employee's notice or request for a  hearing,  notify  the
commissioner  of  the  need for a hearing. If the employee waives his or
her right to a hearing the employing board shall proceed, within fifteen
days, by a vote of a majority of all members of such board, to determine
the case and fix the penalty, if any, to be imposed in  accordance  with
subdivision four of this section.
  3.  Hearings.  a.  Notice  of hearing. Upon receipt of a request for a
hearing in accordance with subdivision two of this section, the  commis-
sioner  shall  forthwith  notify  the  American  Arbitration Association
(hereinafter "association") of the need for a hearing and shall  request
the association to provide to the commissioner forthwith a list of names
of  persons  chosen  by  the association from the association's panel of
labor arbitrators to potentially serve as hearing officers together with
relevant biographical information on each arbitrator.  Upon  receipt  of
said list and biographical information, the commissioner shall forthwith
send  a  copy  of  both  simultaneously  to  the employing board and the
employee. The commissioner shall also  simultaneously  notify  both  the
employing  board  and  the  employee of each potential hearing officer's

S. 2010                            34                            A. 3010

record in the last five cases  of  commencing  and  completing  hearings
within the time periods prescribed in this section.
  b.  (i)  Hearing officers. All hearings pursuant to this section shall
be conducted before and by a single hearing officer selected as provided
for in this section. A hearing officer shall not be eligible to serve in
such position if he or she is a resident of the school  district,  other
than  the  city  of  New  York,  under the jurisdiction of the employing
board, an employee, agent or representative of the employing board or of
any labor organization representing employees of such  employing  board,
has  served as such agent or representative within two years of the date
of the scheduled hearing, or if he or she is then serving as a  mediator
or fact finder in the same school district.
  (A) Notwithstanding any other provision of law, for hearings commenced
by  the filing of charges prior to April first, two thousand twelve, the
hearing officer shall be compensated by the department with the  custom-
ary  fee  paid  for  service  as an arbitrator under the auspices of the
association for each day of actual service  plus  necessary  travel  and
other  reasonable  expenses  incurred  in  the performance of his or her
duties. All other expenses of the disciplinary proceedings commenced  by
the filing of charges prior to April first, two thousand twelve shall be
paid  in  accordance  with rules promulgated by the commissioner. Claims
for such compensation for days of actual service and  reimbursement  for
necessary travel and other expenses for hearings commenced by the filing
of  charges prior to April first, two thousand twelve shall be paid from
an appropriation for such purpose in the order in which they  have  been
approved  by  the commissioner for payment, provided payment shall first
be made for any other hearing costs payable by the commissioner, includ-
ing the costs of transcribing the record, and provided further  that  no
such  claim  shall  be  set  aside  for insufficiency of funds to make a
complete payment, but shall be eligible for a  partial  payment  in  one
year and shall retain its priority date status for appropriations desig-
nated for such purpose in future years.
  (B)  Notwithstanding any other provision of law, rule or regulation to
the contrary, for hearings commenced by the  filing  of  charges  on  or
after  April  first,  two  thousand twelve, the hearing officer shall be
compensated by the department for each day of actual service plus neces-
sary travel and other reasonable expenses incurred in the performance of
his or her duties, provided that  the  commissioner  shall  establish  a
schedule  for maximum rates of compensation of hearing officers based on
customary and reasonable fees for service as an arbitrator  and  provide
for limitations on the number of study hours that may be claimed.
  (ii)  The  commissioner  shall  mail  to  the  employing board and the
employee the list of potential hearing officers and biographies provided
to the commissioner by the association,  the  employing  board  and  the
employee, individually or through their agents or representatives, shall
by  mutual  agreement select a hearing officer from said list to conduct
the hearing and shall notify the commissioner of their selection.
  (iii) Within fifteen days after receiving the list of potential  hear-
ing  officers  as  described in subparagraph (ii) of this paragraph, the
employing board and the employee shall each notify the  commissioner  of
their  agreed upon hearing officer selection. If the employing board and
the employee fail to agree on an arbitrator to serve as a hearing  offi-
cer  from  the list of potential hearing officers, or fail to notify the
commissioner of a selection within such fifteen  day  time  period,  the
commissioner  shall  appoint  a  hearing  officer  from  the  list.  The
provisions of this subparagraph shall not apply in cities with  a  popu-

S. 2010                            35                            A. 3010

lation  of  one million or more with alternative procedures specified in
section three thousand twenty of this article.
  (iv)  In those cases COMMENCED BY THE FILING OF CHARGES PRIOR TO APRIL
FIRST, TWO THOUSAND FIFTEEN in which the employee  elects  to  have  the
charges heard by a hearing panel, the hearing panel shall consist of the
hearing  officer,  selected in accordance with this subdivision, and two
additional persons, one selected by the employee and one selected by the
employing board, from a list maintained for such purpose by the  commis-
sioner. The list shall be composed of professional personnel with admin-
istrative  or supervisory responsibility, professional personnel without
administrative or supervisory responsibility, chief  school  administra-
tors,  members  of  employing  boards  and others selected from lists of
nominees  submitted  to  the  commissioner  by  statewide  organizations
representing  teachers,  school  administrators  and supervisors and the
employing boards. Hearing panel members other than the  hearing  officer
shall  be  compensated  by  the  department  at  the rate of one hundred
dollars for each day of actual service plus necessary travel and subsis-
tence expenses. The hearing officer shall be compensated as set forth in
this subdivision. The hearing officer shall be the  chairperson  of  the
hearing panel.
  c.  Hearing  procedures. (i) (A) The commissioner shall have the power
to establish necessary rules and procedures for the conduct of  hearings
under this section.
  (B)  The  department  shall be authorized to monitor and investigate a
hearing officer's compliance with statutory timelines pursuant  to  this
section. The commissioner shall annually inform all hearing officers who
have heard cases pursuant to this section during the preceding year that
the time periods prescribed in this section for conducting such hearings
are  to  be strictly followed. A record of continued failure to commence
and complete hearings within the time periods prescribed in this section
shall be considered grounds for the commissioner to exclude  such  indi-
vidual from the list of potential hearing officers sent to the employing
board and the employee for such hearings.
  (C)  Such  rules  shall not require compliance with technical rules of
evidence. Hearings shall be conducted by the  hearing  officer  selected
pursuant  to paragraph b of this subdivision [with full and fair disclo-
sure of the nature of the case and evidence against the employee by  the
employing board] and shall be public or private at the discretion of the
employee.  FULL  AND FAIR DISCLOSURE OF THE WITNESSES AND EVIDENCE SHALL
BE MADE BY BOTH PARTIES IN THE MANNER PRESCRIBED IN ARTICLES  THREE  AND
FOUR  OF THE STATE ADMINISTRATIVE PROCEDURE ACT. The employee shall have
a reasonable opportunity to defend himself or herself and an opportunity
to testify in his or her own behalf. The employee shall not be  required
to  testify.  Each party shall have the right to be represented by coun-
sel, to subpoena witnesses, and to cross-examine witnesses. All testimo-
ny taken shall be under oath which the hearing officer is hereby author-
ized to administer. CHILDREN SHALL BE PERMITTED TO TESTIFY THROUGH SWORN
WRITTEN OR VIDEO STATEMENTS.
  (D) An accurate record of the proceedings shall be kept at the expense
of the department at each such hearing  in  accordance  with  the  regu-
lations of the commissioner. A copy of the record of the hearings shall,
upon  request, be furnished without charge to the employee and the board
of education involved. The department shall be authorized to utilize any
new technology or such other appropriate means to transcribe  or  record
such  hearings  in  an  accurate, reliable, efficient and cost-effective

S. 2010                            36                            A. 3010

manner without  any  charge  to  the  employee  or  board  of  education
involved.
  (i-a)(A) Where charges of incompetence are brought based solely upon a
pattern of ineffective teaching or performance of a classroom teacher or
principal,  as  defined in section three thousand twelve-c of this arti-
cle, the hearing shall be conducted before and by a single hearing offi-
cer in an expedited hearing, which  shall  commence  within  seven  days
after  the  pre-hearing  conference  and shall be completed within sixty
days after the pre-hearing conference. The hearing officer shall  estab-
lish a hearing schedule at the pre-hearing conference to ensure that the
expedited  hearing  is  completed  within the required timeframes and to
ensure an equitable distribution of days between the employing board and
the charged employee. Notwithstanding any other law, rule or  regulation
to  the  contrary,  no adjournments may be granted that would extend the
hearing beyond such sixty days, except as authorized  in  this  subpara-
graph.  A  hearing  officer,  upon request, may grant a limited and time
specific adjournment that would extend the  hearing  beyond  such  sixty
days if the hearing officer determines that the delay is attributable to
a  circumstance  or  occurrence  substantially beyond the control of the
requesting party and an injustice would result if the  adjournment  were
not granted.
  (B)  Such  charges shall allege that the employing board has developed
and substantially implemented a teacher or principal improvement plan in
accordance with subdivision four of section three thousand  twelve-c  of
this  article  for  the employee following the first evaluation in which
the employee was rated ineffective, and the immediately preceding evalu-
ation if the employee was rated developing.  Notwithstanding  any  other
provision  of  law to the contrary, a pattern of ineffective teaching or
performance as defined in section three thousand twelve-c of this  arti-
cle  shall  [constitute  very  significant  evidence of incompetence for
purposes of this section] CONSTITUTE PRIMA FACIE  EVIDENCE  OF  INCOMPE-
TENCE  THAT  CAN  ONLY BE REBUTTED BY CLEAR AND CONVINCING EVIDENCE THAT
THE CALCULATION OF ONE OR MORE OF THE TEACHER'S OR PRINCIPAL'S  UNDERLY-
ING  COMPOSITE  RATINGS  ON  THE ANNUAL PROFESSIONAL PERFORMANCE REVIEWS
PURSUANT TO SECTION THREE THOUSAND TWELVE-C OF THIS ARTICLE WAS  FRAUDU-
LENT,  AND  IF  NOT  SUCCESSFULLY REBUTTED, THE FINDING, ABSENT EXTRAOR-
DINARY CIRCUMSTANCES, SHALL BE JUST CAUSE FOR REMOVAL.  Nothing in  this
subparagraph  shall  be  construed to OTHERWISE limit the defenses which
the employee may place before the hearing  officer  in  challenging  the
allegation  of  a pattern of ineffective teaching or performance, EXCEPT
THAT FAILURE OF THE EMPLOYING BOARD TO REHABILITATE THE TEACHER OR PRIN-
CIPAL AND CORRECT HIS OR HER DEFICIENCIES SHALL NOT BE A DEFENSE.
  (C) The commissioner shall annually inform all  hearing  officers  who
have heard cases pursuant to this section during the preceding year that
the  time  periods  prescribed in this subparagraph for conducting expe-
dited hearings are to be strictly followed. A record of continued  fail-
ure  to commence and complete expedited hearings within the time periods
prescribed in this subparagraph shall  be  considered  grounds  for  the
commissioner to exclude such individual from the list of potential hear-
ing officers sent to the employing board and the employee for such expe-
dited hearings.
  (I-B)(A)  WHERE  CHARGES OF MISCONDUCT CONSTITUTING PHYSICAL OR SEXUAL
ABUSE OF A STUDENT ARE BROUGHT, THE HEARING SHALL  BE  CONDUCTED  BEFORE
AND  BY  A  SINGLE  HEARING OFFICER IN AN EXPEDITED HEARING, WHICH SHALL
COMMENCE WITHIN SEVEN DAYS AFTER THE PRE-HEARING CONFERENCE AND SHALL BE
COMPLETED WITHIN SIXTY DAYS AFTER THE PRE-HEARING CONFERENCE. THE  HEAR-

S. 2010                            37                            A. 3010

ING  OFFICER  SHALL  ESTABLISH  A  HEARING  SCHEDULE  AT THE PRE-HEARING
CONFERENCE TO ENSURE THAT THE EXPEDITED HEARING IS COMPLETED WITHIN  THE
REQUIRED  TIMEFRAMES  AND  TO  ENSURE  AN EQUITABLE DISTRIBUTION OF DAYS
BETWEEN  THE  EMPLOYING  BOARD AND THE CHARGED EMPLOYEE. NOTWITHSTANDING
ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY, NO  ADJOURNMENTS  MAY
BE  GRANTED THAT WOULD EXTEND THE HEARING BEYOND SUCH SIXTY DAYS, EXCEPT
AS AUTHORIZED IN THIS SUBPARAGRAPH. A HEARING OFFICER, UPON REQUEST, MAY
GRANT A LIMITED AND TIME SPECIFIC  ADJOURNMENT  THAT  WOULD  EXTEND  THE
HEARING  BEYOND  SUCH  SIXTY DAYS IF THE HEARING OFFICER DETERMINES THAT
THE DELAY IS ATTRIBUTABLE TO A CIRCUMSTANCE OR OCCURRENCE  SUBSTANTIALLY
BEYOND THE CONTROL OF THE REQUESTING PARTY AND AN INJUSTICE WOULD RESULT
IF THE ADJOURNMENT WERE NOT GRANTED.
  (B)  THE  COMMISSIONER  SHALL ANNUALLY INFORM ALL HEARING OFFICERS WHO
HAVE HEARD CASES PURSUANT TO THIS SECTION DURING THE PRECEDING YEAR THAT
THE TIME PERIODS PRESCRIBED IN THIS SUBPARAGRAPH  FOR  CONDUCTING  EXPE-
DITED HEARINGS ARE TO BE STRICTLY FOLLOWED AND FAILURE TO DO SO SHALL BE
CONSIDERED  GROUNDS FOR THE COMMISSIONER TO EXCLUDE SUCH INDIVIDUAL FROM
THE LIST OF POTENTIAL HEARING OFFICERS SENT TO THE EMPLOYING  BOARD  AND
THE EMPLOYEE FOR SUCH EXPEDITED HEARINGS.
  (ii)  The  hearing  officer  selected  to conduct a hearing under this
section shall, within ten to fifteen days of agreeing to serve  in  such
position,  hold  a  pre-hearing  conference  which  shall be held in the
school district or county seat of the county, or any county, wherein the
employing school board is located. The pre-hearing conference  shall  be
limited  in length to one day except that the hearing officer, in his or
her discretion, may allow one additional day for good cause shown.
  (iii) At the pre-hearing conference the hearing officer shall have the
power to:
  (A) issue subpoenas;
  (B) hear and decide all motions, including but not limited to  motions
to dismiss the charges;
  (C)  hear  and  decide  all  applications  for  bills of particular or
requests for production of materials or information, including, but  not
limited  to, any witness statement (or statements), investigatory state-
ment (or statements) or note (notes), exculpatory evidence or any  other
evidence,  including  district or student records, relevant and material
to the employee's defense.
  (iv) Any pre-hearing motion or application relative to the sufficiency
of the charges, application or amendment  thereof,  or  any  preliminary
matters shall be made upon written notice to the hearing officer and the
adverse  party no less than five days prior to the date of the pre-hear-
ing conference. Any pre-hearing motions  or  applications  not  made  as
provided  for  herein  shall  be  deemed waived except for good cause as
determined by the hearing officer.
  (v) In the event that at  the  pre-hearing  conference  the  employing
board  presents  evidence  that the professional license of the employee
has been revoked and all judicial and administrative remedies have  been
exhausted  or  foreclosed,  the hearing officer shall schedule the date,
time and place for an expedited hearing, which  hearing  shall  commence
not  more  than  seven  days  after the pre-hearing conference and which
shall be limited to one day. The expedited hearing shall be held in  the
local school district or county seat of the county or any county, where-
in  the said employing board is located. The expedited hearing shall not
be postponed except upon the request of a party and then only  for  good
cause  as determined by the hearing officer. At such hearing, each party
shall have equal time in which to present its case.

S. 2010                            38                            A. 3010

  (vi) During the pre-hearing  conference,  the  hearing  officer  shall
determine the reasonable amount of time necessary for a final hearing on
the  charge  or  charges  and  shall  schedule the location, time(s) and
date(s) for the final hearing. The final hearing shall be  held  in  the
local school district or county seat of the county, or any county, wher-
ein  the  said  employing school board is located. In the event that the
hearing officer determines that the nature  of  the  case  requires  the
final hearing to last more than one day, the days that are scheduled for
the  final  hearing  shall be consecutive. The day or days scheduled for
the final hearing shall not be postponed except upon the  request  of  a
party  and  then  only for good cause shown as determined by the hearing
officer. In all cases, the final hearing shall  be  completed  no  later
than  sixty  days  after  the  pre-hearing conference unless the hearing
officer determines that extraordinary circumstances  warrant  a  limited
extension.
  (vii)  All  evidence  shall  be  submitted  by  all parties within one
hundred twenty-five days of the filing  of  charges  and  no  additional
evidence shall be accepted after such time, absent extraordinary circum-
stances beyond the control of the parties.
  d.  Limitation  on claims. Notwithstanding any other provision of law,
rule or regulation to the contrary, no payments shall  be  made  by  the
department  pursuant  to  this  subdivision on or after April first, two
thousand twelve for: (i) compensation of a hearing  officer  or  hearing
panel  member,  (ii)  reimbursement  of  such  hearing officers or panel
members for necessary travel or other  expenses  incurred  by  them,  or
(iii)  for  other  hearing  expenses on a claim submitted later than one
year after the final disposition of the hearing by any means,  including
settlement, or within ninety days after the effective date of this para-
graph,  whichever  is later; provided that no payment shall be barred or
reduced where such payment is required as a result of a court  order  or
judgment or a final audit.
  4.  Post  hearing  procedures.  a.  The hearing officer shall render a
written decision within thirty days of the last day of the  final  hear-
ing,  or  in  the  case  of an expedited hearing within ten days of such
expedited hearing, and shall forward a copy thereof to the  commissioner
who shall immediately forward copies of the decision to the employee and
to  the  clerk or secretary of the employing board. The written decision
shall include the hearing officer's findings of fact on each charge, his
or her conclusions with regard to each charge based on said findings and
shall state what penalty or other action, if any, shall be taken by  the
employing  board.  [At the request of the employee, in determining what,
if any, penalty or other action shall be imposed,  the  hearing  officer
shall  consider  the  extent  to  which the employing board made efforts
towards correcting the behavior of the employee which resulted in charg-
es being brought under this section  through  means  including  but  not
limited  to:    remediation, peer intervention or an employee assistance
plan.] FAILURE OF THE EMPLOYING BOARD TO REMEDIATE OR CORRECT THE BEHAV-
IOR OF THE EMPLOYEE SHALL NOT BE A DEFENSE TO ANY CHARGES AND SHALL  NOT
BE CONSIDERED BY THE HEARING OFFICER IN DETERMINING THE PENALTY OR OTHER
ACTION  TO  BE  IMPOSED. In those cases where a penalty is imposed, such
penalty may be a written reprimand, a fine, suspension for a fixed  time
without  pay,  or  dismissal. In addition to or in lieu of the aforemen-
tioned penalties, the hearing officer[, where he or she deems  appropri-
ate,]  may  impose  upon  the employee remedial action including but not
limited to leaves of absence with or without pay,  continuing  education
and/or study, a requirement that the employee seek counseling or medical

S. 2010                            39                            A. 3010

treatment  or that the employee engage in any other remedial or combina-
tion of remedial actions. PROVIDED, HOWEVER, THAT  THE  HEARING  OFFICER
SHALL  ADOPT THE PENALTY RECOMMENDED BY THE EMPLOYING BOARD EXCEPT WHERE
THE HEARING OFFICER CONCLUDES THAT THE BOARD ACTED IN BAD FAITH OR THERE
ARE  EXTRAORDINARY  CIRCUMSTANCES IN WHICH THE RECOMMENDED PENALTY WOULD
BE SO DISPROPORTIONATE TO THE OFFENSES PROVEN AS TO BE SHOCKING  TO  THE
CONSCIENCE OF THE HEARING OFFICER.
  b.  Within  fifteen  days of receipt of the hearing officer's decision
the employing board shall implement the decision.  If  the  employee  is
acquitted  he  or she shall be restored to his or her position with full
pay for any period of suspension without pay and  the  charges  expunged
from the employment record. If an employee who was convicted of a felony
crime  specified  in paragraph b of subdivision two of this section, has
said conviction reversed, the employee, upon application, shall be enti-
tled to have his or her pay and other emoluments restored, for the peri-
od from the date of his or her suspension to the date of the decision.
  c. The hearing officer shall indicate in the decision whether  any  of
the  charges brought by the employing board were frivolous as defined in
section eighty-three hundred three-a  of  the  civil  practice  law  and
rules.  If  the  hearing  officer  finds that all of the charges brought
against the employee were frivolous, the hearing officer shall order the
employing board to reimburse the department the  reasonable  costs  said
department  incurred  as a result of the proceeding and to reimburse the
employee the reasonable costs, including but not limited  to  reasonable
attorneys'  fees, the employee incurred in defending the charges. If the
hearing officer finds that some but  not  all  of  the  charges  brought
against the employee were frivolous, the hearing officer shall order the
employing board to reimburse the department a portion, in the discretion
of the hearing officer, of the reasonable costs said department incurred
as  a  result of the proceeding and to reimburse the employee a portion,
in the discretion of the  hearing  officer,  of  the  reasonable  costs,
including  but  not  limited to reasonable attorneys' fees, the employee
incurred in defending the charges.
  5. Appeal. a. Not later than ten days after  receipt  of  the  hearing
officer's  decision,  the  employee  or  the employing board may make an
application to the New York state supreme court to vacate or modify  the
decision of the hearing officer pursuant to section seventy-five hundred
eleven  of the civil practice law and rules. The court's review shall be
limited to the grounds set forth in such section.  The  hearing  panel's
determination  shall  be  deemed  to  be  final  for the purpose of such
proceeding.
  b. In no case shall the filing or the pendency of an appeal delay  the
implementation of the decision of the hearing officer.
  S 4. Paragraph j of subdivision 5-a of section 3012-c of the education
law,  as  added by chapter 21 of the laws of 2012, is amended to read as
follows:
  j. If a teacher receives an ineffective rating for a  school  year  in
which  the  teacher  is in year two status and the independent validator
agrees, the district may bring a proceeding pursuant to  sections  three
thousand  twenty  and three thousand twenty-a of this article based on a
pattern of ineffective teaching or performance. In such proceeding,  the
charges shall allege that the employing board has developed and substan-
tially  implemented a teacher improvement plan in accordance with subdi-
vision four of this section for the employee  following  the  evaluation
made  for  the year in which the employee was in year one status and was
rated ineffective. The pattern of ineffective  teaching  or  performance

S. 2010                            40                            A. 3010

shall  [give rise to a rebuttable presumption of incompetence and if the
presumption is not successfully rebutted, the finding,  absent  extraor-
dinary  circumstances, shall be just cause for removal] CONSTITUTE PRIMA
FACIE  EVIDENCE  OF  INCOMPETENCE THAT CAN ONLY BE REBUTTED BY CLEAR AND
CONVINCING EVIDENCE THAT THE CALCULATION OF ONE OR MORE OF THE TEACHER'S
OR PRINCIPAL'S UNDERLYING COMPOSITE RATINGS ON THE  ANNUAL  PROFESSIONAL
PERFORMANCE  REVIEWS PURSUANT TO THIS SECTION WAS FRAUDULENT, AND IF NOT
SUCCESSFULLY REBUTTED, THE FINDING, ABSENT EXTRAORDINARY  CIRCUMSTANCES,
SHALL  BE  JUST  CAUSE FOR REMOVAL. In these hearings, the teacher shall
have up to three days to present his or her case for every one day  used
by  the district to present its case. The hearing officer shall render a
written decision within ten days of the last day of the hearing.
  S 5. This act shall take effect April 1, 2015 and shall apply to hear-
ings commenced by the filing or service of charges on or after April  1,
2015, provided that effective immediately, the commissioner of education
shall  be  authorized  to promulgate any regulations needed to implement
the provisions of this act on such effective date.

                                SUBPART F

  Section 1. Paragraph (a) of subdivision  1  of  section  2856  of  the
education  law,  as amended by section 3 of part BB of chapter 56 of the
laws of 2014, is amended to read as follows:
  (a) The enrollment of students  attending  charter  schools  shall  be
included  in  the enrollment, attendance, membership and, if applicable,
count of students with disabilities of the school district in which  the
pupil  resides.  The  charter  school  shall report all such data to the
school districts of residence in a timely manner. Each  school  district
shall  report  such  enrollment,  attendance  and count of students with
disabilities to the department. The school district of  residence  shall
pay  directly  to  the  charter  school for each student enrolled in the
charter school who resides in the school  district  the  charter  school
basic tuition, which shall be:
  (i)  for school years prior to the two thousand nine--two thousand ten
school year and for school years following the two thousand sixteen--two
thousand seventeen school year, an amount equal to one  hundred  percent
of  the  amount calculated pursuant to paragraph f of subdivision one of
section thirty-six hundred two of this chapter for the  school  district
for  the  year prior to the base year increased by the percentage change
in the state total approved operating  expense  calculated  pursuant  to
paragraph t of subdivision one of section thirty-six hundred two of this
chapter from two years prior to the base year to the base year;
  (ii)  for  the  two  thousand  nine--two thousand ten school year, the
charter school basic  tuition  shall  be  the  amount  payable  by  such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
  (iii)  for the two thousand ten--two thousand eleven through two thou-
sand thirteen--two thousand fourteen school years,  the  charter  school
basic  tuition  shall be the basic tuition computed for the two thousand
ten--two thousand eleven school  year  pursuant  to  the  provisions  of
subparagraph (i) of this paragraph;
  (iv) for the two thousand fourteen--two thousand fifteen, two thousand
fifteen--two  thousand  sixteen  and  two thousand sixteen--two thousand
seventeen school years, the charter school basic tuition  shall  be  the
sum  of  the lesser of the charter school basic tuition computed for the
two thousand ten--two  thousand  eleven  school  year  pursuant  to  the

S. 2010                            41                            A. 3010

provisions  of  subparagraph (i) of this paragraph or the charter school
basic tuition computed for the current year pursuant to  the  provisions
of  subparagraph  (i)  of  this  paragraph  plus  the supplemental basic
tuition.
  For the purposes of this subdivision, the "supplemental basic tuition"
shall  be  (A)  for a school district for which the charter school basic
tuition computed for the current year is greater than or  equal  to  the
charter  school  basic  tuition  for  the two thousand ten--two thousand
eleven school year pursuant to the provisions  of  subparagraph  (i)  of
this  paragraph, (1) for the two thousand fourteen--two thousand fifteen
school year two hundred and fifty dollars, and (2) for the two  thousand
fifteen--two thousand sixteen school year [three hundred and fifty] FOUR
HUNDRED  TWENTY-FIVE  dollars, and (3) for the two thousand sixteen--two
thousand seventeen school year five hundred  SEVENTY-FIVE  dollars,  and
(B) for a school district for which the charter school basic tuition for
the  two  thousand  ten--two thousand eleven school year is greater than
the charter school basic tuition for the current year  pursuant  to  the
provisions  of  subparagraph (i) of this paragraph, the positive differ-
ence of the charter school basic tuition for the two  thousand  ten--two
thousand  eleven  school year minus the charter school basic tuition for
the current year pursuant to the provisions of subparagraph (i) of  this
paragraph.
  S  2.  Paragraph (a) of subdivision 1 of section 2856 of the education
law, as amended by section 4 of part BB of chapter 56  of  the  laws  of
2014, is amended to read as follows:
  (a)  The  enrollment  of  students  attending charter schools shall be
included in the enrollment, attendance, MEMBERSHIP and,  if  applicable,
count  of students with disabilities of the school district in which the
pupil resides. The charter school shall report  all  such  data  to  the
school  districts  of residence in a timely manner. Each school district
shall report such enrollment, attendance  and  count  of  students  with
disabilities  to  the department. The school district of residence shall
pay directly to the charter school for  each  student  enrolled  in  the
charter  school  who  resides  in the school district the charter school
basic tuition which shall be:
  (i) for school years prior to the two thousand nine--two thousand  ten
school year and for school years following the two thousand sixteen--two
thousand  seventeen  school year, an amount equal to one hundred percent
of the amount calculated pursuant to paragraph f of subdivision  one  of
section  thirty-six  hundred two of this chapter for the school district
for the year prior to the base year increased by the  percentage  change
in  the  state  total  approved operating expense calculated pursuant to
paragraph t of subdivision one of section thirty-six hundred two of this
chapter from two years prior to the base year to the base year;
  (ii) for the two thousand nine--two  thousand  ten  school  year,  the
charter  school  basic  tuition  shall  be  the  amount  payable by such
district as charter school basic tuition for the two thousand eight--two
thousand nine school year;
  (iii) for the two thousand ten--two thousand eleven through two  thou-
sand  thirteen--two  thousand  fourteen school years, the charter school
basic tuition shall be the basic tuition computed for the  two  thousand
ten--two  thousand  eleven  school  year  pursuant  to the provisions of
subparagraph (i) of this paragraph;
  (iv) for the two thousand fourteen--two thousand fifteen, two thousand
fifteen--two thousand sixteen and  two  thousand  sixteen--two  thousand
seventeen  school  years,  the charter school basic tuition shall be the

S. 2010                            42                            A. 3010

sum of the lesser of the charter school basic tuition computed  for  the
two  thousand  ten--two  thousand  eleven  school  year  pursuant to the
provisions of subparagraph (i) of this paragraph or the  charter  school
basic  tuition  computed for the current year pursuant to the provisions
of subparagraph (i)  of  this  paragraph  plus  the  supplemental  basic
tuition.
  For the purposes of this subdivision, the "supplemental basic tuition"
shall  be  (A)  for a school district for which the charter school basic
tuition computed for the current year is greater than or  equal  to  the
charter  school  basic  tuition  for  the two thousand ten--two thousand
eleven school year pursuant to the provisions  of  subparagraph  (i)  of
this  paragraph, (1) for the two thousand fourteen--two thousand fifteen
school year two hundred and fifty dollars, and (2) for the two  thousand
fifteen--two thousand sixteen school year [three hundred and fifty] FOUR
HUNDRED  TWENTY-FIVE  dollars, and (3) for the two thousand sixteen--two
thousand seventeen school year five hundred  SEVENTY-FIVE  dollars,  and
(B) for a school district for which the charter school basic tuition for
the  two  thousand  ten--two thousand eleven school year is greater than
the charter school basic tuition for the current year  pursuant  to  the
provisions  of  subparagraph (i) of this paragraph, the positive differ-
ence of the charter school basic tuition for the two  thousand  ten--two
thousand  eleven  school year minus the charter school basic tuition for
the current year pursuant to the provisions of subparagraph (i) of  this
paragraph.
  S  3.  Subdivisions  9  and  9-a of section 2852 of the education law,
subdivision 9 as amended and subdivision 9-a as added by chapter 101  of
the laws of 2010, paragraph (a) of subdivision 9-a as amended by chapter
221  of the laws of 2010, paragraph (f) of subdivision 9-a as amended by
chapter 102 of the laws of 2010, are amended to read as follows:
  9. The total number of charters issued pursuant to this article STATE-
WIDE shall not exceed [four] FIVE hundred sixty.  (a)  [One  hundred  of
such charters shall be issued on the recommendation of the charter enti-
ty  described  in  paragraph (b) of subdivision three of section twenty-
eight hundred fifty-one of this article; (b) one hundred of  such  char-
ters shall be issued on the recommendation of the other charter entities
set forth in subdivision three of section twenty-eight hundred fifty-one
of  this  article; (c) up to fifty of the additional charters authorized
to be issued by the chapter of the laws  of  two  thousand  seven  which
amended  this subdivision effective July first, two thousand seven shall
be reserved for a city school district of a city having a population  of
one  million or more; (d) one hundred thirty charters shall be issued by
the board of regents pursuant to a  competitive  process  in  accordance
with  subdivision  nine-a  of  this  section, provided that no more than
fifty-seven of such charters shall be granted to a charter for a  school
to  be located in a city having a population of one million or more; (e)
one hundred thirty charters shall be issued by the board of  regents  on
the  recommendation  of the board of trustees of the state university of
New York pursuant to a competitive process in accordance  with  subdivi-
sion  nine-a  of this section, provided that no more than fifty-seven of
such charters shall be granted to a charter for a school to  be  located
in  a  city  having  a  population  of one million or more] ALL CHARTERS
ISSUED ON OR AFTER FEBRUARY FIRST,  TWO  THOUSAND  FIFTEEN  AND  COUNTED
TOWARD  THE  NUMERICAL  LIMITS  ESTABLISHED BY THIS SUBDIVISION SHALL BE
ISSUED BY THE BOARD OF REGENTS UPON APPLICATION DIRECTLY TO THE BOARD OF
REGENTS OR ON THE RECOMMENDATION OF THE BOARD OF TRUSTEES OF  THE  STATE
UNIVERSITY  OF  NEW YORK PURSUANT TO A COMPETITIVE PROCESS IN ACCORDANCE

S. 2010                            43                            A. 3010

WITH SUBDIVISION NINE-A OF THIS SECTION. The  failure  of  any  body  to
issue  the  regulations  authorized  pursuant  to this article shall not
affect the authority of a charter entity to propose  a  charter  to  the
board  of regents or the board of regents' authority to grant such char-
ter. A conversion of an existing public school to a  charter  school  or
the  renewal  or  extension  of a charter APPROVED BY ANY CHARTER ENTITY
shall not be counted toward the numerical  limits  established  by  this
subdivision.
  (B)  A  CHARTER  SCHOOL WHOSE CHARTER HAS BEEN SURRENDERED, REVOKED OR
TERMINATED, INCLUDING A CHARTER THAT HAS NOT BEEN RENEWED BY  ACTION  OF
ITS  CHARTER  ENTITY,  SHALL  NOT BE COUNTED TOWARD THE NUMERICAL LIMITS
ESTABLISHED BY THIS SUBDIVISION AND INSTEAD SHALL  BE  RETURNED  TO  THE
STATEWIDE  POOL  AND MAY BE REISSUED BY THE BOARD OF REGENTS EITHER UPON
APPLICATION DIRECTLY TO THE BOARD OF REGENTS OR ON THE RECOMMENDATION OF
THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK PURSUANT TO  A
COMPETITIVE  PROCESS  IN  ACCORDANCE  WITH  SUBDIVISION  NINE-A  OF THIS
SECTION.
  (C) FOR PURPOSES OF DETERMINING THE TOTAL NUMBER  OF  CHARTERS  ISSUED
WITHIN  THE  NUMERICAL  LIMITS  ESTABLISHED  BY  THIS  SUBDIVISION,  THE
APPROVAL DATE OF THE CHARTERING ENTITY SHALL BE THE DETERMINING FACTOR.
  9-a. (a) The board of regents is hereby  authorized  and  directed  to
issue  [two]  UP TO FIVE hundred sixty charters UPON EITHER APPLICATIONS
SUBMITTED DIRECTLY TO THE BOARD OF REGENTS OR  APPLICATIONS  RECOMMENDED
BY THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY OF NEW YORK pursuant to
a competitive request for proposals process.
  [(i)  Commencing  on  August first, two thousand ten through September
first, two thousand thirteen, the board of  regents  and  the  board  of
trustees  of the state university of New York shall each issue a request
for proposals in accordance with this subdivision and this subparagraph:
  (1) Each request for proposals to be issued by the  board  of  regents
and  the board of trustees of the state university of New York on August
first, two thousand ten shall be for a maximum of thirty-two charters to
be issued for charter schools which would commence instructional  opera-
tion by the September of the next calendar year.
  (2)  Each  request  for proposals to be issued by the board of regents
and the board of trustees of the state university of New York on January
first, two thousand eleven shall be for a maximum of thirty-three  char-
ters to be issued for charter schools which would commence instructional
operation by the September of the next calendar year.
  (3)  Each  request  for proposals to be issued by the board of regents
and the board of trustees of the state university of New York on January
first, two thousand twelve shall be for a maximum of thirty-two charters
to be issued for charter  schools  which  would  commence  instructional
operation by the September of the next calendar year.
  (4)  Each  request  for proposals to be issued by the board of regents
and the board of trustees of the state university of New York on Septem-
ber first, two thousand thirteen shall be for a maximum of  thirty-three
charters  to be issued for charter schools which would commence instruc-
tional operation by the September of the next calendar year.
  (ii) If after September first, two thousand thirteen, either the board
of regents or the board of trustees of the state university of New  York
have  any  charters  which  have not yet been issued, they may be issued
pursuant to requests for proposals issued in each succeeding year, with-
out limitation as to when such requests for proposals may be issued,  or
a limitation on the number of charters which may be issued.

S. 2010                            44                            A. 3010

  (iii)  Notwithstanding  the  provisions of clauses one, two, three and
four of subparagraph (i) of this paragraph and subparagraph (ii) of this
paragraph, if fewer charters are issued  than  were  requested  in  such
request  for  proposals,  the  difference  may be added to the number of
charters  requested in the request for proposals issued in each succeed-
ing year.
  (iv)] The board of regents shall make a determination to issue a char-
ter pursuant to a request for proposals no later than  December  thirty-
first of each year.
  (b)  The  board  of  regents  and  the  board of trustees of the state
university of New York shall each develop such request for proposals  in
a manner that facilitates a thoughtful review of charter school applica-
tions,  considers  the  demand for charter schools by the community, and
seeks to locate charter schools in a region or regions where  there  may
be  a  lack  of alternatives and access to charter schools would provide
new alternatives within the local public  education  system  that  would
offer  the  greatest educational benefit to students. Applications shall
be evaluated in accordance with the criteria  and  objectives  contained
within  a  request  for proposals. The board of regents and the board of
trustees of the state university of New  York  shall  not  consider  any
applications  which do not rigorously demonstrate that they have met the
following criteria:
  (i) that the proposed charter school would meet or  exceed  enrollment
and  retention  targets,  as  prescribed  by the board of regents or the
board of trustees of the state university of New York, as applicable, of
students with disabilities, English language learners, and students  who
are  eligible  applicants  for the free and reduced price lunch program.
When developing such targets, the board of  regents  and  the  board  of
trustees of the state university of New York, shall ensure (1) that such
enrollment  targets  are  comparable  to  the enrollment figures of such
categories of students attending the public schools  within  the  school
district,  or in a city school district in a city having a population of
one million or more inhabitants, the community school district, in which
the proposed  charter  school  would  be  located;  and  (2)  that  such
retention  targets are comparable to the rate of retention of such cate-
gories of students  attending  the  public  schools  within  the  school
district,  or in a city school district in a city having a population of
one million or more inhabitants, the community school district, in which
the proposed charter school would be located; and
  (ii) that the applicant has conducted public outreach,  in  conformity
with  a  thorough and meaningful public review process prescribed by the
board of regents and the board of trustees of the  state  university  of
New  York,  to  solicit  community  input regarding the proposed charter
school and to address comments  received  from  the  impacted  community
concerning the educational and programmatic needs of students.
  (c)  The  board  of  regents  and  the  board of trustees of the state
university of New York shall grant priority based on a scoring rubric to
those applications that best  demonstrate  how  they  will  achieve  the
following objectives, and any additional objectives the board of regents
and  the  board  of  trustees  of  the state university of New York, may
prescribe:
  (i) increasing student achievement and decreasing student  achievement
gaps in reading/language arts and mathematics;
  (ii)  increasing  high school graduation rates and focusing on serving
specific high school student populations including, but not limited  to,
students  at  risk  of  not obtaining a high school diploma, re-enrolled

S. 2010                            45                            A. 3010

high school drop-outs, and students with  academic  skills  below  grade
level;
  (iii)  focusing  on the academic achievement of middle school students
and preparing them for a successful transition to high school;
  (iv)  utilizing  high-quality  assessments  designed  to   measure   a
student's  knowledge,  understanding  of, and ability to apply, critical
concepts through the use of a variety of item types and formats;
  (v) increasing the acquisition, adoption, and use  of  local  instruc-
tional improvement systems that provide teachers, principals, and admin-
istrators  with  the  information  and resources they need to inform and
improve their  instructional  practices,  decision-making,  and  overall
effectiveness;
  (vi)  partnering  with  low  performing  public schools in the area to
share best educational practices and innovations;
  (vii) demonstrating the management and leadership techniques necessary
to overcome initial start-up problems to establish  a  thriving,  finan-
cially viable charter school;
  (viii)  demonstrating  the support of the school district in which the
proposed charter school will be located and the intent to  establish  an
ongoing relationship with such school district.
  (d)  No  later  than  November  first,  two  thousand ten, and of each
succeeding year, after a thorough review of applications  received,  the
board  of  trustees  of the state university of New York shall recommend
for approval to the board of regents the qualified applications that  it
has  determined rigorously demonstrate the criteria and best satisfy the
objectives contained within a request for proposals, along with support-
ing documentation outlining such determination.
  (e) Upon receipt of a proposed charter to be issued pursuant  to  this
subdivision  submitted  by a charter entity, the board of regents or the
board of trustees of the state university of  New  York,  shall  review,
recommend and issue, as applicable, such charters in accordance with the
standards established in this subdivision.
  (f)  The board of regents shall be the only entity authorized to issue
a charter pursuant to this article. The board of regents shall  consider
applications submitted directly to the board of regents and applications
recommended  by  the  board  of  trustees of the state university of New
York. Provided, however, that all such recommended applications shall be
deemed approved and issued pursuant to the  provisions  of  subdivisions
five, five-a and five-b of this section.
  (g)  Each application submitted in response to a request for proposals
pursuant to this subdivision shall also meet  the  application  require-
ments  set  out in this article and any other applicable laws, rules and
regulations.
  (h) During the development of a request for proposals pursuant to this
subdivision the board of regents and the board of trustees of the  state
university  of  New  York shall each afford the public an opportunity to
submit comments and shall review and consider the comments raised by all
interested parties.
  S 4. Paragraph (b) of subdivision 2 of section 2854 of  the  education
law,  as  amended by chapter 101 of the laws of 2010, is amended to read
as follows:
  (b) Any child who is qualified under the laws of this state for admis-
sion to a public school is qualified for admission to a charter  school.
Applications  for  admission to a charter school shall be submitted on a
uniform application form created by the department  and  shall  be  made
available  by  a charter school in languages predominately spoken in the

S. 2010                            46                            A. 3010

community in which such charter school  is  located.  The  school  shall
enroll  each  eligible  student  who submits a timely application by the
first day of April each year, unless the number of applications  exceeds
the  capacity  of  the  grade level or building. In such cases, students
shall be accepted from among applicants by a random  selection  process,
provided,  however,  that  an enrollment preference shall be provided to
pupils returning to the charter school in the second or  any  subsequent
year  of  operation  and pupils residing in the school district in which
the charter school is located, and siblings of pupils  already  enrolled
in the charter school. PREFERENCE SHALL ALSO BE PROVIDED TO (I) STUDENTS
WHO  ARE  ELIGIBLE  APPLICANTS  FOR  THE  FREE  AND  REDUCED PRICE LUNCH
PROGRAM, (II) STUDENTS WHO ARE CURRENTLY ATTENDING  OR  WOULD  OTHERWISE
ATTEND  A  SCHOOL DISTRICT OR SCHOOL DESIGNATED AS CHRONICALLY UNDERPER-
FORMING PURSUANT TO  SECTIONS  TWO  HUNDRED  ELEVEN-F  AND  TWO  HUNDRED
ELEVEN-G OF THIS CHAPTER, AND (III) CHILDREN OF EMPLOYEES OF THE CHARTER
SCHOOL,  PROVIDED  THAT SUCH CHILDREN OF EMPLOYEES MAY ONLY CONSTITUTE A
SMALL PERCENTAGE OF THE CHARTER SCHOOL'S TOTAL ENROLLMENT.  The  commis-
sioner  shall establish regulations to require that the random selection
process conducted pursuant to this paragraph be performed in a transpar-
ent and equitable manner and to require that the time and place  of  the
random  selection  process be publicized in a manner consistent with the
requirements of section one hundred four of the public officers law  and
be  open to the public. For the purposes of this paragraph and paragraph
(a) of this subdivision, the school district in which the charter school
is located shall mean, for the city school district of the city  of  New
York, the community district in which the charter school is located.
  S  5.  Paragraphs  (d) and (e) of subdivision 1 of section 2855 of the
education law, paragraph (d) as amended and paragraph (e)  as  added  by
chapter 101 of the laws of 2010, are amended, and a new paragraph (f) is
added to read as follows:
  (d)  When  the public employment relations board makes a determination
that the charter school demonstrates a practice and pattern of egregious
and intentional violations of subdivision one  of  section  two  hundred
nine-a of the civil service law involving interference with or discrimi-
nation  against  employee  rights  under  article  fourteen of the civil
service law; [or]
  (e) Repeated failure to comply with the requirement to meet or  exceed
enrollment  and retention targets of students with disabilities, English
language learners, and students who are eligible applicants for the free
and reduced price lunch program pursuant to targets established  by  the
board of regents or the board of trustees of the state university of New
York,  as applicable. Provided, however, if no grounds for terminating a
charter are established pursuant to this section other than pursuant  to
this  paragraph,  and  the  charter school demonstrates that it has made
extensive  efforts  to  recruit  and  retain  such  students,  including
outreach  to parents and families in the surrounding communities, widely
publicizing the lottery for such school,  and  efforts  to  academically
support such students in such charter school, then the charter entity or
board of regents may retain such charter[.]; OR
  (F)  REPEATED  FAILURE  TO COMPLY WITH THE DATA REPORTING REQUIREMENTS
PRESCRIBED IN SUBDIVISIONS TWO AND TWO-A OF SECTION TWENTY-EIGHT HUNDRED
FIFTY-SEVEN OF THIS ARTICLE, INCLUDING BUT NOT LIMITED TO THE END OF THE
YEAR REPORTING REQUIREMENTS ON THE ENROLLMENT AND RETENTION OF  STUDENTS
WITH  LIMITED ENGLISH PROFICIENCY; THE NUMBER OF STUDENTS WITH DISABILI-
TIES AND THE NUMBER OF STUDENTS IDENTIFIED  AS  ELIGIBLE  FOR  FREE  AND
REDUCED PRICE LUNCHES.

S. 2010                            47                            A. 3010

  S  6.  Section  2857  of  the education law is amended by adding a new
subdivision 2-a to read as follows:
  2-A.  NO  LATER THAN THE FIRST DAY OF AUGUST OF EACH SCHOOL YEAR, (FOR
DATA FOR THE PRECEDING SCHOOL YEAR) AND BI-MONTHLY  THEREAFTER  FOR  THE
CURRENT  SCHOOL YEAR DATA, EACH CHARTER SCHOOL SHALL SUBMIT TO THE BOARD
OF REGENTS DATA ON ENROLLMENT RATES, INCLUDING BUT NOT  LIMITED  TO  THE
NUMBER  OF  STUDENTS  WITH  LIMITED  ENGLISH  PROFICIENCY; THE NUMBER OF
STUDENTS WITH DISABILITIES AND THE  NUMBER  OF  STUDENTS  IDENTIFIED  AS
ELIGIBLE  FOR  FREE  AND  REDUCED PRICE LUNCHES AND ANY OTHER ADDITIONAL
REQUIREMENTS PRESCRIBED BY THE BOARD OF REGENTS  IN  THE  RULES  OF  THE
BOARD OF REGENTS.
  S  7. This act shall take effect immediately; provided that the amend-
ments to subdivision 1 of section 2856 of  the  education  law  made  by
section one of this act shall be subject to the expiration and reversion
of  such  subdivision pursuant to subdivision d of section 27 of chapter
378 of the laws of 2007, as amended, when upon such date the  provisions
of section two of this act shall take effect.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  S 3. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Subparts A through F of this act shall
be as specifically set forth in the last section of such Subparts.

                                 PART B

  Section 1. Subparagraph 1 of paragraph a of subdivision 2  of  section
3012-c  of  the  education  law, as amended by chapter 21 of the laws of
2012, is amended to read as follows:
  (1) [The] (I) FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND  FIFTEEN--TWO
THOUSAND  SIXTEEN  SCHOOL  YEAR, annual professional performance reviews
conducted pursuant to this section for classroom teachers  and  building
principals shall differentiate teacher and principal effectiveness using
the  following  quality  rating categories: highly effective, effective,
developing and ineffective, with explicit minimum  and  maximum  scoring
ranges for each category, for the state assessments and other comparable
measures  subcomponent  of  the  evaluation and for the locally selected
measures of student  achievement  subcomponent  of  the  evaluation,  as
prescribed  in  the  regulations  of  the  commissioner. There shall be:
[(i)] (A) a state assessments and other comparable measures subcomponent
which shall comprise twenty or twenty-five percent  of  the  evaluation;
[(ii)]  (B) a locally selected measures of student achievement subcompo-
nent which shall comprise twenty or fifteen percent of  the  evaluation;
and  [(iii)] (C) an other measures of teacher or principal effectiveness
subcomponent which shall comprise the remaining  sixty  percent  of  the
evaluation, which in sum shall constitute the composite teacher or prin-
cipal  effectiveness score. Such annual professional performance reviews
shall result in a single composite teacher  or  principal  effectiveness
score,  which incorporates multiple measures of effectiveness related to
the criteria included in the regulations of the commissioner.

S. 2010                            48                            A. 3010

  (II) FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND  SIXTEEN  SCHOOL  YEAR
AND THEREAFTER, ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED PURSU-
ANT TO THIS SECTION FOR CLASSROOM TEACHERS AND BUILDING PRINCIPALS SHALL
DIFFERENTIATE  TEACHER  AND  PRINCIPAL EFFECTIVENESS USING THE FOLLOWING
QUALITY  RATING  CATEGORIES: HIGHLY EFFECTIVE, EFFECTIVE, DEVELOPING AND
INEFFECTIVE, WITH EXPLICIT MINIMUM AND MAXIMUM SCORING RANGES  FOR  EACH
CATEGORY,  FOR  THE  STATE  ASSESSMENTS  AND  OTHER  COMPARABLE MEASURES
SUBCOMPONENT AND THE OTHER MEASURES OF TEACHER AND LEADER  EFFECTIVENESS
SUBCOMPONENT,  AS  PRESCRIBED  IN  THE  REGULATIONS OF THE COMMISSIONER.
THERE SHALL BE: (A) A STATE ASSESSMENTS AND  OTHER  COMPARABLE  MEASURES
SUBCOMPONENT  WHICH  SHALL COMPRISE FIFTY PERCENT OF THE EVALUATION; AND
(B) AN OTHER MEASURES OF TEACHER OR PRINCIPAL EFFECTIVENESS SUBCOMPONENT
WHICH SHALL COMPRISE THE REMAINING  FIFTY  PERCENT  OF  THE  EVALUATION,
PURSUANT TO CRITERIA INCLUDED IN THE REGULATIONS OF THE COMMISSIONER.
  S 2. Subparagraphs 3, 4, 5, 6, 7 and 8 of paragraph a of subdivision 2
of  section 3012-c of the education law, as amended by chapter 21 of the
laws of 2012, are amended to read as follows:
  (3) For annual professional performance reviews conducted  in  accord-
ance  with paragraph b of this subdivision for the two thousand eleven--
two thousand twelve school year and for annual professional  performance
reviews conducted in accordance with paragraph f of this subdivision for
the  two thousand twelve--two thousand thirteen [school year], TWO THOU-
SAND THIRTEEN--TWO THOUSAND  FOURTEEN  AND  TWO  THOUSAND  FOURTEEN--TWO
THOUSAND  FIFTEEN  SCHOOL  YEARS  for classroom teachers in subjects and
grades for which the board of regents has  not  approved  a  value-added
model  and  for  building principals employed in schools or programs for
which there is no approved  principal  value-added  model,  the  scoring
ranges  for  the student growth on state assessments or other comparable
measures subcomponent shall be in accordance with this  subparagraph.  A
classroom teacher and building principal shall receive:
  (A) a highly effective rating in this subcomponent if the teacher's or
principal's  results  are  well-above  the  state  average  for  similar
students and they achieve a subcomponent score of 18-20;
  (B) an effective rating in this subcomponent if the teacher's or prin-
cipal's results meet the state average for  similar  students  and  they
achieve a subcomponent score of 9-17; or
  (C) a developing rating in this subcomponent if the teacher's or prin-
cipal's  results  are  below  the state average for similar students and
they achieve a subcomponent score of 3-8; or
  (D) an ineffective rating in this subcomponent, if  the  teacher's  or
principal's  results  are  well-below  the  state  average  for  similar
students and they achieve a subcomponent score of 0-2.
  (4) For annual professional performance reviews conducted  in  accord-
ance  with paragraph g of this subdivision for the two thousand twelve--
two thousand thirteen [school year], TWO THOUSAND THIRTEEN--TWO THOUSAND
FOURTEEN AND TWO THOUSAND FOURTEEN--TWO THOUSAND  FIFTEEN  SCHOOL  YEARS
for  classroom  teachers  in  subjects and grades for which the board of
regents has approved a value-added model  and  for  building  principals
employed in schools or programs for which there is an approved principal
value-added  model,  the  scoring ranges for the student growth on state
assessments or  other  comparable  measures  subcomponent  shall  be  in
accordance  with  this  subparagraph.  A  classroom teacher and building
principal shall receive:
  (A) a highly effective rating in this subcomponent if the teacher's or
principal's  results  are  well-above  the  state  average  for  similar
students and they achieve a subcomponent score of 22-25;

S. 2010                            49                            A. 3010

  (B) an effective rating in this subcomponent if the teacher's or prin-
cipal's  results  meet  the  state average for similar students and they
achieve a subcomponent score of 10-21; or
  (C) a developing rating in this subcomponent if the teacher's or prin-
cipal's  results  are  below  the state average for similar students and
they achieve a subcomponent score of 3-9; or
  (D) an ineffective rating in this subcomponent, if  the  teacher's  or
principal's  results  are  well-below  the  state  average  for  similar
students and they achieve a subcomponent score of 0-2.
  (5) For annual professional performance reviews conducted  in  accord-
ance  with paragraph b of this subdivision for the two thousand eleven--
two thousand twelve school year and for annual professional  performance
reviews conducted in accordance with paragraph f of this subdivision for
the  two thousand twelve--two thousand thirteen [school year], TWO THOU-
SAND THIRTEEN--TWO THOUSAND  FOURTEEN  AND  TWO  THOUSAND  FOURTEEN--TWO
THOUSAND  FIFTEEN  SCHOOL  YEARS  for classroom teachers in subjects and
grades for which the board of regents has  not  approved  a  value-added
model  and  for  building principals employed in schools or programs for
which there is no approved  principal  value-added  model,  the  scoring
ranges  for the locally selected measures of student achievement subcom-
ponent shall be in accordance with this subparagraph. A classroom teach-
er and building principal shall receive:
  (A) a highly effective rating in this subcomponent if the results  are
well-above  district-adopted expectations for student growth or achieve-
ment and they achieve a subcomponent score of 18-20; or
  (B) an effective rating in  this  subcomponent  if  the  results  meet
district-adopted expectations for growth or achievement and they achieve
a subcomponent score of 9-17; or
  (C)  a developing rating in this subcomponent if the results are below
district-adopted expectations for growth or achievement and they achieve
a subcomponent score of 3-8; or
  (D) an ineffective rating in this  subcomponent  if  the  results  are
well-below  district-adopted  expectations for growth or achievement and
they achieve a subcomponent score of 0-2.
  (6) For annual professional performance reviews conducted  in  accord-
ance  with paragraph b of this subdivision for the two thousand eleven--
two thousand twelve school year and for annual professional  performance
reviews conducted in accordance with paragraph g of this subdivision for
the  two thousand twelve--two thousand thirteen [school year], TWO THOU-
SAND THIRTEEN--TWO THOUSAND  FOURTEEN  AND  TWO  THOUSAND  FOURTEEN--TWO
THOUSAND  FIFTEEN  SCHOOL  YEARS  for classroom teachers in subjects and
grades for which the board of regents has approved a  value-added  model
and  for  building  principals employed in schools or programs for which
there is an approved principal value-added model, the scoring ranges for
the locally selected measures of student achievement subcomponent  shall
be  in accordance with this subparagraph. A classroom teacher and build-
ing principal shall receive:
  (A) a highly effective rating in this subcomponent if the results  are
well-above  district-adopted expectations for student growth or achieve-
ment and they achieve a subcomponent score of 14-15; or
  (B) an effective rating in  this  subcomponent  if  the  results  meet
district-adopted expectations for growth or achievement and they achieve
a subcomponent score of 8-13; or
  (C)  a developing rating in this subcomponent if the results are below
district-adopted expectations for growth or achievement and they achieve
a subcomponent score of 3-7; or

S. 2010                            50                            A. 3010

  (D) an ineffective rating in this  subcomponent  if  the  results  are
well-below  district-adopted  expectations for growth or achievement and
they achieve a subcomponent score of 0-2.
  (7)  (A)  For the two thousand thirteen--two thousand fourteen [school
year] AND TWO THOUSAND FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL  YEARS  and
thereafter,  the  commissioner  shall review the specific scoring ranges
for each of the rating categories annually  before  the  start  of  each
school  year and shall recommend any changes to the board of regents for
consideration.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  FOR
THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFT-
ER,  A CLASSROOM TEACHER AND BUILDING PRINCIPAL SHALL RECEIVE RATINGS ON
THE STATE GROWTH OR OTHER COMPARABLE MEASURES SUBCOMPONENT AND THE OTHER
MEASURES OF TEACHER AND PRINCIPAL EFFECTIVENESS SUBCOMPONENT PURSUANT TO
SCORING RANGES PRESCRIBED BY  THE  COMMISSIONER  IN  REGULATIONS.    THE
COMMISSIONER  SHALL REVIEW THE OVERALL COMPOSITE SCORING RANGES ANNUALLY
BEFORE THE START OF EACH SCHOOL YEAR AND MAY ISSUE NEW REGULATIONS AS HE
OR SHE DEEMS WARRANTED.  PROVIDED; HOWEVER, IF A  CLASSROOM  TEACHER  OR
BUILDING  PRINCIPAL  RECEIVES  AN INEFFECTIVE RATING ON ANY ONE OF THESE
SUBCOMPONENTS, THE HIGHEST  OVERALL  COMPOSITE  RATING  HE  OR  SHE  MAY
RECEIVE IS DEVELOPING.
  (8) Except for the student growth measures on the state assessments or
other  comparable measures of student growth prescribed in paragraphs e,
f and g of this subdivision,  the  [elements  comprising  the  composite
effectiveness  score  and  the]  process by which points are assigned to
subcomponents shall be locally developed, consistent with the  standards
prescribed  in  the regulations of the commissioner and the requirements
of  this  section,  through  negotiations  conducted,  pursuant  to  the
requirements of article fourteen of the civil service law.
  S  3. Subparagraphs 2 and 3 of paragraph c of subdivision 2 of section
3012-c of the education law, as amended by chapter 21  of  the  laws  of
2012, are amended to read as follows:
  (2)  Subject  to paragraph k of this subdivision, FOR THE TWO THOUSAND
TWELVE--TWO THOUSAND THIRTEEN AND THE TWO THOUSAND  THIRTEEN--TWO  THOU-
SAND  FOURTEEN  SCHOOL YEARS, the entire annual professional performance
review shall be completed and provided to the teacher  or  principal  as
soon  as  practicable  but  in no case later than September first of the
school year next following the  school  year  for  which  the  classroom
teacher  or  building  principal's  performance  is  being measured. The
teacher's and principal's score and rating on the locally selected meas-
ures subcomponent, if available, and on the other  measures  of  teacher
and  principal effectiveness subcomponent for a teacher's or principal's
annual professional performance review shall be computed and provided to
the teacher or principal, in writing, by no later than the last  day  of
the  school  year  for which the teacher or principal is being measured.
Nothing in this subdivision shall be construed to authorize a teacher or
principal to trigger the appeal process prior to receipt of his  or  her
composite effectiveness score and rating.
  (3) Each such annual professional performance review shall be based on
the  state  assessments  or  other comparable measures subcomponent, the
locally selected measures of student achievement subcomponent IN  SCHOOL
YEARS  WHERE APPLICABLE, and the other measures of teacher and principal
effectiveness subcomponent, determined in accordance with the applicable
provisions of this section and the regulations of the commissioner,  for
the  school  year  for which the teacher's or principal's performance is
measured.

S. 2010                            51                            A. 3010

  S 4. Subparagraph 1 of paragraph f of subdivision 2 of section  3012-c
of  the  education law, as amended by chapter 21 of the laws of 2012, is
amended to read as follows:
  (1)  For  annual professional performance reviews conducted in accord-
ance with paragraph c of this subdivision for the two thousand  twelve--
two  thousand  thirteen [school year and thereafter], TWO THOUSAND THIR-
TEEN--TWO THOUSAND FOURTEEN  AND  TWO  THOUSAND  FOURTEEN--TWO  THOUSAND
FIFTEEN  SCHOOL  YEARS for classroom teachers in subjects and grades for
which the board of regents has not approved a value-added model and  for
building  principals  employed in schools or programs for which there is
no approved principal value-added model, forty percent of the  composite
score of effectiveness shall be based on student achievement measures as
follows:  (i)  twenty  percent  of  the  evaluation  shall be based upon
student growth data on state assessments as prescribed  by  the  commis-
sioner  or a comparable measure of student growth if such growth data is
not available; and (ii) twenty percent shall be based on  other  locally
selected  measures  of  student  achievement  that  are determined to be
rigorous and comparable across classrooms in accordance with  the  regu-
lations  of  the  commissioner  and as are developed locally in a manner
consistent with procedures negotiated pursuant to  the  requirements  of
article fourteen of the civil service law.
  S  5.  Paragraph f of subdivision 2 of section 3012-c of the education
law is amended by adding a new subparagraph 5 to read as follows:
  (5) FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND
THEREAFTER, FIFTY PERCENT OF A CLASSROOM TEACHER'S OR  BUILDING  PRINCI-
PAL'S  COMPOSITE EFFECTIVENESS SCORE SHALL BE BASED ON STUDENT GROWTH ON
STATE ASSESSMENTS, WHERE APPLICABLE, OR  OTHER  COMPARABLE  MEASURES  OF
STUDENT  GROWTH,  AS  PRESCRIBED  BY  THE  COMMISSIONER  IN REGULATIONS;
PROVIDED THAT SUCH REGULATIONS SHALL REQUIRE THAT ANY  COMPARABLE  MEAS-
URES OF STUDENT GROWTH BE MEASURED ON AN ANNUAL BASIS. FOR THE TWO THOU-
SAND  FIFTEEN--TWO  THOUSAND  SIXTEEN  SCHOOL YEAR AND THEREAFTER, THERE
SHALL BE NO LOCALLY SELECTED MEASURES OF STUDENT  ACHIEVEMENT  SUBCOMPO-
NENT.
  S  6.  Paragraphs h, i and j of subdivision 2 of section 3012-c of the
education law, paragraph h as amended and paragraph j as added by  chap-
ter  21  of  the laws of 2012 and paragraph i as added by chapter 103 of
the laws of 2010, are amended to read as follows:
  h. [The] FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND FIFTEEN--TWO THOU-
SAND SIXTEEN SCHOOL YEAR, THE remaining  sixty  percent  of  the  evalu-
ations, ratings and effectiveness scores shall be locally developed, AND
FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN SCHOOL YEAR AND THER-
EAFTER,  THE  REMAINING  FIFTY  PERCENT  OF THE EVALUATIONS, RATINGS AND
EFFECTIVENESS SCORES SHALL BE LOCALLY  DEVELOPED,  consistent  with  the
standards  prescribed  in  the  regulations of the commissioner, through
negotiations conducted pursuant to article fourteen of the civil service
law, EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION.
  (1) [A] (I) FOR SCHOOL YEARS PRIOR TO THE  TWO  THOUSAND  FIFTEEN--TWO
THOUSAND  SIXTEEN SCHOOL YEAR, A majority of the sixty points for class-
room  teachers  shall  be  based  on  multiple  classroom   observations
conducted  by  a  principal or other trained administrator, which may be
performed in-person or by video. For evaluations for  the  two  thousand
twelve--two  thousand  thirteen school year and thereafter, at least one
such observation shall be an unannounced visit.
  (II) FOR THE TWO THOUSAND FIFTEEN--TWO THOUSAND  SIXTEEN  SCHOOL  YEAR
AND  THEREAFTER,  A  MINIMUM  OF THIRTY-FIVE OF THE FIFTY POINTS MUST BE
BASED ON ONE OR MORE CLASSROOM OBSERVATIONS CONDUCTED BY AN  INDEPENDENT

S. 2010                            52                            A. 3010

EVALUATOR,  AT  LEAST  ONE  OF WHICH MUST BE UNANNOUNCED. AN INDEPENDENT
EVALUATOR SHALL BE ONE OF THE FOLLOWING:
  (A)  A  BUILDING  PRINCIPAL  OR  OTHER TRAINED ADMINISTRATOR WITHIN OR
OUTSIDE THE SCHOOL DISTRICT, WITH A DEMONSTRATED RECORD OF EFFECTIVENESS
AS DETERMINED BY THE COMMISSIONER, AND WHO IS NOT CURRENTLY ASSIGNED  AS
A  PRINCIPAL  OR  ADMINISTRATOR  IN  THE  SCHOOL  IN  WHICH HE OR SHE IS
CONDUCTING THE EVALUATION; OR
  (B) A TRAINED INDEPENDENT EVALUATOR FROM A  LIST  OF  ENTITIES  AND/OR
EVALUATORS  WITH A DEMONSTRATED RECORD OF EFFECTIVENESS AND EXPERTISE IN
TEACHER TRAINING, OBSERVATION, OR EFFECTIVENESS, AS  DETERMINED  BY  THE
COMMISSIONER  INCLUDING BUT NOT LIMITED TO RETIRED TEACHERS AND ADMINIS-
TRATORS; OR
  (C) APPOINTED FACULTY AT A STATE UNIVERSITY OF  NEW  YORK  OR  A  CITY
UNIVERSITY  OF NEW YORK SCHOOL OF EDUCATION.  PROVIDED HOWEVER THAT, THE
DEPARTMENT SHALL PROVIDE TECHNICAL ASSISTANCE FOR SCHOOL  DISTRICTS  AND
BOARDS OF COOPERATIVE EDUCATIONAL SERVICES INCLUDING BUT NOT LIMITED TO:
  (A) FACILITATING PARTNERSHIPS FOR SCHOOL DISTRICTS TO IMPLEMENT SHARED
SERVICE  AGREEMENTS IN ORDER TO ACCESS NEIGHBORING PRINCIPALS OR TRAINED
ADMINISTRATORS;
  (B) DEVELOPING AND MAINTAINING A LIST OF  ENTITIES  AND/OR  EVALUATORS
WITH  A  DEMONSTRATED  RECORD  OF EFFECTIVENESS AND EXPERTISE IN TEACHER
TRAINING, OBSERVATION, OR EFFECTIVENESS; OR
  (C) ASSISTING SCHOOL DISTRICTS IN  DEVELOPING  SCHEDULES  FOR  SHARING
ADMINISTRATORS WITHIN A SCHOOL DISTRICT; OR
  (D)  COORDINATING  WITH  BOARDS OF COOPERATIVE EDUCATIONAL SERVICES TO
PROVIDE ADDITIONAL TECHNICAL ASSISTANCE.
  (2) For the remaining portion of these sixty  points  for  evaluations
for  the  two  thousand  eleven--two  thousand  twelve  school year, the
commissioner's regulation shall prescribe the other forms of evidence of
teacher and principal effectiveness that may be used.
  (3) For evaluations of classroom teachers for the two thousand twelve-
-two thousand thirteen [school year and thereafter] TWO  THOUSAND  THIR-
TEEN--TWO  THOUSAND  FOURTEEN  AND  TWO  THOUSAND FOURTEEN--TWO THOUSAND
FIFTEEN SCHOOL YEARS, the remaining portion of these sixty points  shall
be based on one or more of the following:
  (i)  one  or more classroom observations by independent trained evalu-
ators selected by the school district or  board  of  cooperative  educa-
tional  services who are teachers or former teachers with a demonstrated
record of effectiveness and have no prior affiliation with the school in
which they are conducting the evaluation and no other relationship  with
the teachers being evaluated that would affect their impartiality;
  (ii) classroom observations by trained in-school peer teachers; and/or
  (iii)  use  of a state-approved instrument for parent or student feed-
back; and/or
  (iv) evidence of student development and  performance  through  lesson
plans,  student  portfolios  and  other  artifacts  of teacher practices
through a structured review process.
  (4) [A] FOR EVALUATIONS OF CLASSROOM TEACHERS  FOR  THE  TWO  THOUSAND
FIFTEEN--TWO  THOUSAND SIXTEEN SCHOOL YEAR AND THEREAFTER, THE REMAINING
PORTION OF THE FIFTY POINTS SHALL BE BASED  ON  ONE  OR  MORE  CLASSROOM
OBSERVATIONS  CONDUCTED  BY  A PRINCIPAL OR OTHER TRAINED ADMINISTRATOR,
WHICH MAY BE PERFORMED IN-PERSON OR BY  VIDEO  AND  AT  LEAST  ONE  SUCH
OBSERVATION SHALL BE AN UNANNOUNCED VISIT.
  (5)  (I) FOR SCHOOL YEARS PRIOR TO THE TWO THOUSAND FIFTEEN--TWO THOU-
SAND SIXTEEN SCHOOL YEAR, A majority of these sixty points for  building
principals shall be based on a broad assessment of the principal's lead-

S. 2010                            53                            A. 3010

ership  and management actions based on the principal practice rubric by
the building  principal's  supervisor,  a  trained  administrator  or  a
trained  independent evaluator, with one or more visits conducted by the
supervisor,  and, for evaluations for the two thousand twelve--two thou-
sand thirteen school year and  thereafter,  that  such  assessment  must
incorporate  multiple  school visits by a supervisor, a trained adminis-
trator or other trained evaluator, with at least one visit conducted  by
the  supervisor  and  at  least one unannounced visit. For the remaining
portion of these sixty points  for  evaluations  for  the  two  thousand
eleven--two  thousand  twelve  school  year, such regulations shall also
prescribe the other forms of evidence of  principal  effectiveness  that
may  be used consistent with the standards prescribed by the commission-
er.
  [(5)] (6) FOR EVALUATIONS OF BUILDING PRINCIPALS FOR THE TWO  THOUSAND
FIFTEEN--TWO  THOUSAND  SIXTEEN SCHOOL YEAR AND THEREAFTER, A MINIMUM OF
THIRTY-FIVE OF THE FIFTY POINTS SHALL BE BASED ON A BROAD ASSESSMENT  OF
THE PRINCIPAL'S LEADERSHIP AND MANAGEMENT ACTIONS BASED ON THE PRINCIPAL
PRACTICE  RUBRIC  AS DETERMINED BY AN INDEPENDENT OBSERVER FOLLOWING ONE
OR MORE SCHOOL VISITS, AT LEAST ONE OF WHICH  MUST  BE  UNANNOUNCED.  AN
INDEPENDENT OBSERVER SHALL BE ONE OF THE FOLLOWING:
  (I)  A  SUPERINTENDENT  OR OTHER TRAINED ADMINISTRATOR THAT SUPERVISES
PRINCIPALS FROM OUTSIDE THE SCHOOL  DISTRICT  OR  BOARD  OF  COOPERATIVE
EDUCATIONAL SERVICES WITH A DEMONSTRATED RECORD OF EFFECTIVENESS, OR
  (II)  A  TRAINED  INDEPENDENT EVALUATOR FROM A LIST OF ENTITIES AND/OR
EVALUATORS WITH A DEMONSTRATED RECORD OF EFFECTIVENESS AND EXPERTISE  IN
SCHOOL  BUILDING  LEADER  TRAINING,  OBSERVATION,  OR  EFFECTIVENESS, AS
DETERMINED BY THE COMMISSIONER, OR
  (III) APPOINTED FACULTY AT A STATE UNIVERSITY OF NEW YORK  OR  A  CITY
UNIVERSITY OF NEW YORK SCHOOL OF EDUCATION.
PROVIDED  THAT,  THE  DEPARTMENT  SHALL PROVIDE TECHNICAL ASSISTANCE FOR
SCHOOL DISTRICTS INCLUDING BUT NOT LIMITED TO:
  (A) FACILITATING PARTNERSHIPS FOR SCHOOL DISTRICTS TO IMPLEMENT SHARED
SERVICE AGREEMENTS IN ORDER TO  ACCESS  NEIGHBORING  SUPERINTENDENTS  OR
OTHER TRAINED ADMINISTRATORS THAT SUPERVISE PRINCIPALS; OR
  (B)  DEVELOPING  AND  MAINTAINING A LIST OF ENTITIES AND/OR EVALUATORS
WITH A DEMONSTRATED RECORD OF  EFFECTIVENESS  AND  EXPERTISE  IN  SCHOOL
BUILDING  LEADER  TRAINING, OBSERVATION, OR EFFECTIVENESS, AS DETERMINED
BY THE COMMISSIONER, INCLUDING BUT NOT LIMITED  TO  RETIRED  ADMINISTRA-
TORS; OR
  (C)  ASSISTING  SCHOOL  DISTRICTS  IN DEVELOPING SCHEDULES FOR SHARING
NON-SUPERVISING ADMINISTRATORS WITHIN A SCHOOL DISTRICT, IF  APPLICABLE;
OR
  (D)  COORDINATING  WITH  BOARDS OF COOPERATIVE EDUCATIONAL SERVICES TO
PROVIDE ADDITIONAL TECHNICAL ASSISTANCE.
  (7) For evaluations  of  building  principals  for  the  two  thousand
twelve--two thousand thirteen [school year and thereafter], TWO THOUSAND
THIRTEEN--TWO  FOURTEEN  AND  THE  TWO  THOUSAND  FOURTEEN--TWO THOUSAND
FIFTEEN SCHOOL YEARS, the remaining portion of these sixty points  shall
include,  in  addition to the requirements of subparagraph three of this
paragraph, at least two other sources of  evidence  from  the  following
options:  feedback from teachers, students, and/or families using state-
approved instruments; school visits by other trained evaluators;  and/or
review  of  school documents, records, and/or state accountability proc-
esses. Any such remaining points shall be assigned based on the  results
of  one  or more ambitious and measurable goals set collaboratively with

S. 2010                            54                            A. 3010

principals and their  superintendents  or  district  superintendents  as
follows:
  (i)  at  least  one  goal must address the principal's contribution to
improving teacher effectiveness, which shall include one or more of  the
following:  improved  retention  of high performing teachers, the corre-
lation between student growth  scores  of  teachers  granted  tenure  as
opposed  to  those  denied  tenure;  or  improvements in the proficiency
rating of the principal on specific teacher effectiveness  standards  in
the principal practice rubric.
  (ii)  any  other  goals  shall  address  quantifiable  and  verifiable
improvements in academic results or the school's learning  environmental
such as student or teacher attendance.
  [(6) The] (8) FOR EVALUATIONS OF BUILDING PRINCIPALS FOR THE TWO THOU-
SAND  FIFTEEN--TWO  THOUSAND  SIXTEEN  SCHOOL  YEAR  AND THEREAFTER, THE
REMAINING PORTION OF THE FIFTY POINTS SHALL BE BASED ON A BROAD  ASSESS-
MENT  OF  THE PRINCIPAL'S LEADERSHIP AND MANAGEMENT ACTIONS BASED ON THE
PRINCIPAL PRACTICE RUBRIC BY THE BUILDING PRINCIPAL'S  SUPERVISOR,  WITH
AT LEAST ONE UNANNOUNCED VISIT.
  (9)  FOR  SCHOOL YEARS PRIOR TO THE TWO THOUSAND FIFTEEN--TWO THOUSAND
SIXTEEN SCHOOL YEAR, THE district or board  of  cooperative  educational
services shall establish specific minimum and maximum scoring ranges for
each performance level within this subcomponent before the start of each
school  year  and shall assign points to a teacher or principal for this
subcomponent based on the standards prescribed in the regulations of the
commissioner, all in accordance with, and subject to,  the  requirements
of  paragraph j of this subdivision.  FOR THE TWO THOUSAND FIFTEEN--SIX-
TEEN SCHOOL YEAR AND THEREAFTER, THE  COMMISSIONER  SHALL  ESTABLISH  IN
REGULATIONS  THE MINIMUM AND MAXIMUM SCORING RANGES FOR EACH PERFORMANCE
LEVEL WITHIN THIS SUBCOMPONENT.
  i. For purposes of this section, student growth means  the  change  in
student achievement for an individual student between two or more points
in time.
  j.  (1)  The process by which points are assigned in subcomponents and
the scoring ranges for the subcomponents must be transparent and  avail-
able  to those being rated before the beginning of each school year. The
process by which points are assigned in the respective subcomponents are
to be determined as follows:
  (i) For the state assessment or other  comparable  measures  subcompo-
nent,  that  process  shall  be  formulated by the commissioner with the
approval of the board of regents.
  (ii) For SCHOOL YEARS PRIOR TO THE TWO THOUSAND FIFTEEN--TWO  THOUSAND
SIXTEEN  SCHOOL  YEAR,  FOR the locally selected measures of the student
achievement subcomponent, that  process  shall  be  established  locally
through  negotiations  conducted  under  article  fourteen  of the civil
service law.
  (iii) For the other measures of teacher  and  principal  effectiveness
subcomponent,  that process shall be established locally through negoti-
ations conducted under article fourteen of the civil services law.
  (2) Such process must ensure that it is  possible  for  a  teacher  or
principal to obtain each point in the applicable scoring ranges, includ-
ing  zero, for the state assessment or other comparable measures subcom-
ponent, the locally selected measures of student  achievement  subcompo-
nent   IN   SCHOOL  YEARS  WHERE  APPLICABLE,  and  the  overall  rating
categories. The process must also ensure  that  it  is  possible  for  a
teacher  or  principal  to  obtain  each  point  in  the  scoring ranges
prescribed by the district or board of cooperative educational  services

S. 2010                            55                            A. 3010

for  the other measures of teacher and principal effectiveness subcompo-
nent.
  (3)  The superintendent, district superintendent or chancellor and the
president of the collective bargaining representative (where one exists)
shall certify in its plan  that  the  process  will  use  the  narrative
descriptions  of  the  standards  for the scoring ranges provided in the
regulations of the commissioner to effectively differentiate  a  teacher
or  principal's  performance  in  each of the subcomponents and in their
overall ratings to improve student learning and instruction.
  (4) [The] FOR SCHOOL YEARS PRIOR  TO  THE  TWO  THOUSAND  FIFTEEN--TWO
THOUSAND  SIXTEEN  SCHOOL YEAR, scoring ranges for the other measures of
teacher and principal effectiveness subcomponent  shall  be  established
locally  through  negotiations  conducted  under article fourteen of the
civil service law.  FOR THE TWO THOUSAND FIFTEEN--TWO  THOUSAND  SIXTEEN
SCHOOL YEAR AND THEREAFTER, THE SCORING RANGES FOR THE OTHER MEASURES OF
TEACHER AND PRINCIPAL EFFECTIVENESS SUBCOMPONENT SHALL BE ESTABLISHED BY
THE COMMISSIONER IN REGULATIONS.
  S  7.  Section  3012-c of the education law is amended by adding a new
subdivision 11 to read as follows:
  11. A. A STUDENT MAY NOT BE  INSTRUCTED  FOR  TWO  CONSECUTIVE  SCHOOL
YEARS  BY  TWO CONSECUTIVE CLASSROOM TEACHERS IN THE SAME DISTRICT, EACH
OF WHOM RECEIVED A FINAL QUALITY RATING OF INEFFECTIVE UNDER  AN  ANNUAL
PROFESSIONAL  PERFORMANCE  REVIEW  CONDUCTED PURSUANT TO THIS SECTION IN
THE SCHOOL YEAR IMMEDIATELY BEFORE THE SCHOOL YEAR IN WHICH THE  STUDENT
IS PLACED IN THE RESPECTIVE CLASSROOM TEACHER'S CLASS.
  B. IF A CLASSROOM TEACHER DID NOT INSTRUCT STUDENTS IN THE SCHOOL YEAR
IMMEDIATELY  BEFORE  THE SCHOOL YEAR IN WHICH THE STUDENTS ARE PLACED IN
THE TEACHER'S CLASS, THE TEACHER'S RATING IN THE  MOST  RECENT  YEAR  IN
WHICH  THE TEACHER INSTRUCTED STUDENTS, INSTEAD OF THE SCHOOL YEAR IMME-
DIATELY BEFORE THE SCHOOL YEAR IN  WHICH  STUDENTS  ARE  PLACED  IN  THE
CLASSROOM  TEACHER'S CLASS, SHALL BE USED IN DETERMINING THE RATINGS FOR
PURPOSES OF THIS SUBDIVISION.
  S 8. This act shall take effect immediately.

                                 PART C

  Section 1. Section 34 of chapter 91 of the laws of 2002  amending  the
education  law  and other laws relating to the reorganization of the New
York city school construction authority, board of education and communi-
ty boards, as amended by chapter 345 of the laws of 2009, is amended  to
read as follows:
  S 34. This act shall take effect July 1, 2002; provided, that sections
one  through  twenty, twenty-four, and twenty-six through thirty of this
act shall expire and be deemed repealed June 30, [2015] 2018;  provided,
further,  that notwithstanding any provision of article 5 of the general
construction law, on June 30, [2015] 2018 the provisions of subdivisions
3, 5, and 8, paragraph b of subdivision 13, subdivision  14,  paragraphs
b,  d,  and  e  of subdivision 15, and subdivisions 17 and 21 of section
2554 of the education law as repealed by  section  three  of  this  act,
subdivision  1  of  section  2590-b  of the education law as repealed by
section six of this act, paragraph  (a)  of  subdivision  2  of  section
2590-b  of  the  education law as repealed by section seven of this act,
section 2590-c of the education law as repealed by section eight of this
act, paragraph c of subdivision 2 of section 2590-d of the education law
as repealed by section twenty-six of this act, subdivision 1 of  section
2590-e  of the education law as repealed by section twenty-seven of this

S. 2010                            56                            A. 3010

act, subdivision 28 of section 2590-h of the education law  as  repealed
by section twenty-eight of this act, subdivision 30 of section 2590-h of
the education law as repealed by section twenty-nine of this act, subdi-
vision  30-a  of  section  2590-h  of  the  education law as repealed by
section thirty of this  act  shall  be  revived  and  be  read  as  such
provisions  existed  in law on the date immediately preceding the effec-
tive date of this act; provided, however, that sections seven and  eight
of  this  act  shall  take effect on November 30, 2003; provided further
that the amendments to subdivision 25 of section 2554 of  the  education
law  made  by section two of this act shall be subject to the expiration
and reversion of such subdivision pursuant to section 12 of chapter  147
of  the  laws of 2001, as amended, when upon such date the provisions of
section four of this act shall take effect.
  S 2. Subdivision 12 of section 17 of chapter 345 of the laws  of  2009
amending the education law relating to the New York city board of educa-
tion,  chancellor, community councils, and community superintendents, is
amended to read as follows:
  12. any provision in sections one, two, three, four, five, six, seven,
eight, nine, ten and eleven of this act  not  otherwise  set  to  expire
pursuant to section 34 of chapter 91 of the laws of 2002, as amended, or
section  17 of chapter 123 of the laws of 2003, as amended, shall expire
and be deemed repealed June 30, [2015] 2018.
  S 3. This act shall take effect immediately.
                                  PART D

  Section 1. As used in this section, "current  year"  and  "base  year"
shall  have  the same meanings as defined in paragraphs a and b, respec-
tively, of subdivision 1 of section 3602 of the education law.
  1. Notwithstanding any provision of law  to  the  contrary,  a  school
district  shall  not be eligible for an apportionment of general support
for public schools for the 2015-16 school year or any school year there-
after in excess of the amount apportioned to such school district in the
base year, unless the following eligibility criteria and conditions have
been met:
  (a) For all school districts, the director of the budget has  notified
the  commissioner  of  education  in  writing that by March 31, 2015 the
legislature has enacted a chapter or chapters of law identical to part A
and part B of this act as proposed in legislative  bill  numbers  S.2010
and  A.3010  and  submitted  in  support of the executive budget for the
2015-16 state fiscal year; and
  (b) For all  school  districts,  the  school  district  has  submitted
documentation  that  has been approved by the commissioner of education,
by September 1 of the current year,  demonstrating  that  it  has  fully
implemented  the  standards and procedures for conducting annual profes-
sional performance reviews of classroom teachers and building principals
in accordance with the requirements of section 3012-c of  the  education
law,  as  amended  by part B of this act as proposed in legislative bill
numbers S.2010 and A.3010 and submitted  in  support  of  the  executive
budget  for  the  2015-16  state  fiscal  year,  and the commissioner of
education's regulations; and
  (c) For a school district in a city with a population of  one  million
or  more,  the  director  of the budget has notified the commissioner of
education in writing that by March 31, 2015 the legislature has  enacted
a chapter or chapters of law identical to part C of this act as proposed
in  legislative  bill numbers S.2010 and A.3010 and submitted in support
of the executive budget for the 2015-16 state fiscal year.

S. 2010                            57                            A. 3010

  2. If any payments of ineligible amounts pursuant to  subdivision  one
of  this  section  were made, the total amount of such payments shall be
deducted from future payments to the school district; provided that,  if
the  amount  of  the  deduction  is  greater than the sum of the amounts
available for such deductions in the applicable school year, the remain-
der  of  the  deduction  shall be withheld from payments scheduled to be
made to the school district pursuant to section 3609-a of the  education
law for the subsequent school year.
  3.  Notwithstanding  any  provision of law to the contrary, any appor-
tionment withheld pursuant to this section shall not have any effect  on
the base year calculation for use in the subsequent school year.
  S 2. Subdivision 2 of section 1 of part A of chapter 57 of the laws of
2013  relating  to school district eligibility for an increase in appor-
tionment of school aid and implementation of  standards  for  conducting
annual professional performance reviews to determine teacher and princi-
pal effectiveness is amended to read as follows:
  2.  Notwithstanding  any  inconsistent  provision  of  law,  no school
district shall be eligible for an apportionment of general  support  for
public  schools  from the funds appropriated for the 2013-14 school year
[and thereafter] OR THE 2014-15 SCHOOL YEAR  in  excess  of  the  amount
apportioned  to such school district in the base year unless such school
district has submitted documentation  that  has  been  approved  by  the
commissioner  of  education  by  September 1 of the current year, demon-
strating that it has fully implemented the standards and procedures  for
conducting annual professional performance reviews of classroom teachers
and  building  principals in accordance with the requirements of section
3012-c of the education law and the commissioner  of  education's  regu-
lations.   Any apportionment withheld pursuant to this section shall not
occur prior to April 1 of the current year and shall not have any effect
on the base year calculation for use in the subsequent school year.
  S 3. This act shall take effect immediately.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through D of this act shall  be
as specifically set forth in the last section of such Parts.

senate Bill S1984

Amended

Exempts other states and possessions of the United States, and their political subdivisions from state sales taxes

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

Summary

Exempts other states and possessions of the United States and their political subdivisions from state sales taxes.

Bill Details

Versions:
S1984
S1984A
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §1116, Tax L

Sponsor Memo

BILL NUMBER:S1984

TITLE OF BILL: An act to amend the tax law, in relation to providing
an exemption from sales tax for sales made to other states, other
political subdivisions of the United States and their political
subdivisions

PURPOSE:

To provide an automatic exemption for New York state sales and use tax
to other states and political subdivisions of the United States for
uses which would otherwise be immune from taxation.

SUMMARY OF PROVISIONS:

Section 1. Amends paragraph 2 of subdivision(a) of section 1116 of the
tax law to provide that any state, any political subdivision, agency,
or instrumentality which would otherwise be immune from taxation where
it is a purchaser, user or consumer, or where it sells services or
property of a kind not ordinarily sold by private persons.

Section 2. Provides that this act shall take effect July 1, 2015 or on
the first day of a sales tax quarterly period, as described in
subdivision (b) of section 1136 of the tax law, next commencing at
least ninety days after this act shall have become a law, whichever
shall be later.

JUSTIFICATION:

New York currently does not provide an automatic exemption for sales
and services performed in New York state for out of state governmental
and other municipal entities. This results in a situation where other
states and their municipal governments are discouraged from conducting
business within New York. The situation is particularly troublesome
for business close to the borders of other states and is resulting in
the loss of such business for in state business concerns.

Many other states currently provide such a blanket sales tax exemption
to other governmental entities, realizing that it is an incentive to
encourage out of state revenue for their employers.

LEGISLATIVE HISTORY:

2013,2014: S.2614-A Referred to Investigations and Government
Operations
2012:S.6163 Referred to Investigations and Government Operations

FISCAL IMPLICATIONS:

Undetermined.

EFFECTIVE DATE:

This act shall take effect July 1, 2015 or on the first day of a sales
tax quarterly period, as described in subdivision (b) of section 1136
of the tax law, next commencing at least ninety days after this act
shall have become a law, whichever shall be later.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1984

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 21, 2015
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the tax law, in relation to providing an exemption  from
  sales tax for sales made to other states, other political subdivisions
  of the United States and their political subdivisions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Paragraph 2 of subdivision (a) of section 1116 of the  tax
law,  as  amended by chapter 530 of the laws of 1976, is amended to read
as follows:
  (2) The United States of America, ANY STATE, THE DISTRICT OF COLUMBIA,
OR ANY POSSESSION OF THE UNITED STATES OR POLITICAL SUBDIVISION THEREOF,
and any [of its agencies and instrumentalities] AGENCY OR INSTRUMENTALI-
TY OF ANY OF THE FOREGOING THAT IS NOT DESCRIBED  IN  PARAGRAPH  ONE  OF
THIS  SUBDIVISION, insofar as it is immune from taxation where it is the
purchaser, user or consumer, or where it sells services or property of a
kind not ordinarily sold by private persons;
  S 2. This act shall take effect July 1, 2015 or on the first day of  a
sales  tax  quarterly period, as described in subdivision (b) of section
1136 of the tax law, next commencing at least ninety days after this act
shall have become a law, whichever shall be later.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05984-01-5

assembly Bill A3763

Eliminates certain restrictions on the right to eviction for landlord's personal use

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

Removes certain restrictions relating to the "immediate and compelling necessity" of the landlord on a landlord's ability in certain New York city apartments which are rent stabilized or rent controlled to recover possession of a housing accommodation for his own personal use and occupancy or for the use and occupancy of his or her immediate family.

Bill Details

Versions:
A3763
Current Committee:
Law Section:
New York City Administrative Code
Laws Affected:
Amd §26-408, NYC Ad Cd; amd §5, Emerg Hous Rent Control; amd §10, Emerg Ten Prot Act of 1974
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3763

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by  M.  of  A.  FITZPATRICK -- read once and referred to the
  Committee on Housing

AN ACT to amend the administrative code of the city  of  New  York,  the
  emergency housing rent control law and the emergency tenant protection
  act  of  nineteen seventy-four, in relation to the eviction of tenants
  on grounds of landlord's personal use

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  1  of  subdivision  b of section 26-408 of the
administrative code of the city of  New  York  is  amended  to  read  as
follows:
  (1)  The landlord seeks in good faith to recover possession of a hous-
ing accommodation [because of immediate and  compelling  necessity]  for
his  or  her own personal use and occupancy or for the use and occupancy
of his or her immediate family [provided, however, that this subdivision
shall not apply where a member of the household lawfully  occupying  the
housing  accommodation  is  sixty-two  years of age or older, has been a
tenant in a housing accommodation in that building for twenty  years  or
more,  or has an impairment which results from anatomical, physiological
or psychological conditions, other than addiction to alcohol,  gambling,
or any controlled substance, which are demonstrable by medically accept-
able  clinical  and  laboratory  diagnostic  techniques,  and  which are
expected to be permanent and which prevent the tenant from  engaging  in
any substantial gainful employment]; or
  S 2. Paragraph (a) of subdivision 2 of section 5 of chapter 274 of the
laws  of  1946,  constituting the emergency housing rent control law, as
amended by chapter 234 of the laws  of  1984,  is  amended  to  read  as
follows:
  (a)  the landlord seeks in good faith to recover possession of housing
accommodations [because of immediate and compelling necessity]  for  his
own personal use and occupancy or for the use and occupancy of his imme-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05798-01-5

A. 3763                             2

diate family[; provided, however, this subdivision shall not apply where
a  member  of the household lawfully occupying the housing accommodation
is sixty-two years of age or older, has  been  a  tenant  in  a  housing
accommodation  in  that  building  for  twenty  years or more, or has an
impairment which results from anatomical, physiological or psychological
conditions, other than addiction to alcohol, gambling, or any controlled
substance, which are demonstrable by medically acceptable  clinical  and
laboratory diagnostic techniques, and which are expected to be permanent
and  which  prevent  the tenant from engaging in any substantial gainful
employment]; or
  S 3. Subdivision a of section 10 of section 4 of chapter  576  of  the
laws  of 1974, constituting the emergency tenant protection act of nine-
teen seventy-four, as amended by chapter 234 of the  laws  of  1984,  is
amended to read as follows:
  a.  For  cities having a population of less than one million and towns
and villages, the state division of housing and community renewal  shall
be  empowered  to  implement  this  act by appropriate regulations. Such
regulations may encompass such speculative or manipulative practices  or
renting or leasing practices as the state division of housing and commu-
nity  renewal determines constitute or are likely to cause circumvention
of this act.  Such regulations shall prohibit practices which are likely
to prevent any person from asserting any right or remedy granted by this
act, including but not limited to retaliatory  termination  of  periodic
tenancies and shall require owners to grant a new one or two year vacan-
cy or renewal lease at the option of the tenant, except where a mortgage
or  mortgage  commitment existing as of the local effective date of this
act provides that the owner shall not grant a one-year lease; and  shall
prescribe  standards with respect to the terms and conditions of new and
renewal leases, additional rent and such  related  matters  as  security
deposits, advance rental payments, the use of escalator clauses in leas-
es and provision for increase in rentals for garages and other ancillary
facilities,  so  as to insure that the level of rent adjustments author-
ized under this law will not be subverted  and  made  ineffective.  [Any
provision  of  the  regulations permitting an owner to refuse to renew a
lease on grounds that the owner seeks to recover possession of the hous-
ing accommodation for his own use and occupancy or for the use and occu-
pancy of his immediate family shall require that  an  owner  demonstrate
immediate  and compelling need and shall not apply where a member of the
housing accommodation is sixty-two years of age or  older,  has  been  a
tenant  in  a housing accommodation in that building for twenty years or
more, or has an impairment which results from anatomical,  physiological
or  psychological conditions, other than addiction to alcohol, gambling,
or any controlled substance, which are demonstrable by medically accept-
able clinical  and  laboratory  diagnostic  techniques,  and  which  are
expected  to  be permanent and which prevent the tenant from engaging in
any substantial gainful employment.]
  S 4. This act shall take effect immediately; provided that the  amend-
ment  to section 26-408 of the city rent and rehabilitation law, made by
section one of this act, shall remain in full force and effect  only  as
long  as  the  public  emergency requiring the regulation and control of
residential rents and evictions continues, as provided in subdivision  3
of section 1 of the local emergency housing rent control act. The amend-
ment  to  section  5  of the emergency housing rent control law, made by
section two of this act, shall expire on  the  same  date  as  such  law
expires  and  shall not affect the expiration of such law as provided in
subdivision 2 of section 1 of chapter 274  of  the  laws  of  1946.  The

A. 3763                             3

amendment  to section 10 of the emergency tenant protection act of nine-
teen seventy-four, made by section three of this act,  shall  expire  on
the same date as such act expires and shall not affect the expiration of
such  act  as provided in section 17 of chapter 576 of the laws of 1974,
as amended.

assembly Bill A3770

Exempts veterans eighty-five years of age and older from the obligation to pay New York state income tax

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

Summary

Exempts veterans eighty-five years of age and older from the obligation to pay New York state income tax.

Bill Details

Versions:
A3770
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §601, Tax L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3770

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced by M. of A. HAWLEY -- read once and referred to the Committee
  on Ways and Means

AN  ACT  to amend the tax law, in relation to exempting veterans eighty-
  five years of age and older from the obligation to pay New York  state
  income tax

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subsection (i) of section 601 of the tax law is  relettered
subsection (j) and a new subsection (i) is added to read as follows:
  (I)  VETERANS  OVER  EIGHTY-FIVE  YEARS  OF AGE.   NOTWITHSTANDING THE
PROVISIONS OF SUBSECTIONS (A), (B), (C) AND (D) OF THIS SECTION AND  ANY
OTHER  PROVISION  OF  THIS  ARTICLE,  FOR  TAXABLE YEARS BEGINNING AFTER
DECEMBER THIRTY-FIRST, TWO THOUSAND SIXTEEN, THE GROSS INCOME OF A RESI-
DENT INDIVIDUAL WHO IS AT LEAST EIGHTY-FIVE YEARS OF AGE AS OF  DECEMBER
THIRTY-FIRST  OF THE TAXABLE YEAR FOR WHICH THE EXEMPTION IS CLAIMED AND
WHO QUALIFIES AS A VETERAN UNDER THE PROVISIONS OF SUBDIVISION THREE  OF
SECTION  THREE  HUNDRED  FIFTY OF THE EXECUTIVE LAW SHALL BE EXEMPT FROM
TAX UNDER THIS ARTICLE REGARDLESS OF WHETHER SUCH INCOME IS  SUBJECT  TO
FEDERAL INCOME TAXATION.
  S  2.  This  act  shall take effect immediately and shall apply to all
taxable years beginning on or after January 1, 2017.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02244-01-5

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