S. 4210 2
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
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-
S. 4210 3
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
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
S. 4210 4
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
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.
S. 4210 5
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
Intentionally omitted.
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
S. 4210 6
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-
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
S. 4210 7
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
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
S. 4210 8
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,
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,
S. 4210 9
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
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-
S. 4210 10
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
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,
S. 4210 11
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
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
S. 4210 12
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
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
S. 4210 13
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
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
S. 4210 14
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 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
S. 4210 15
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,
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-
S. 4210 16
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-
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
S. 4210 17
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-
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
S. 4210 18
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
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.
S. 4210 19
(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
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-
S. 4210 20
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
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
S. 4210 21
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-
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
S. 4210 22
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
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-
S. 4210 23
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
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
S. 4210 24
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.
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
S. 4210 25
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-
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.
S. 4210 26
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.
(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.
S. 4210 27
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
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.
S. 4210 28
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.
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
S. 4210 29
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-
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
S. 4210 30
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-
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
S. 4210 31
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
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-
S. 4210 32
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
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
S. 4210 33
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-
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-
S. 4210 34
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
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-
S. 4210 35
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-
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
S. 4210 36
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.
(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
S. 4210 37
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
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:
S. 4210 38
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
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;
S. 4210 39
(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
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] FIVE
HUNDRED SEVENTY-FIVE dollars, and (3) for the two thousand sixteen--two
thousand seventeen school year five hundred SEVENTY-FIVE dollars, PLUS
THE POSITIVE DIFFERENCE OF THE CHARTER SCHOOL BASIC TUITION FOR THE
CURRENT SCHOOL YEAR MINUS 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, 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 difference 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
S. 4210 40
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
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] FIVE
HUNDRED SEVENTY-FIVE dollars, and (3) for the two thousand sixteen--two
thousand seventeen school year five hundred SEVENTY-FIVE dollars, PLUS
THE POSITIVE DIFFERENCE OF THE CHARTER SCHOOL BASIC TUITION FOR THE
CURRENT SCHOOL YEAR MINUS 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, 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 subpar-
agraph (i) of this paragraph, the positive difference 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
S. 4210 41
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
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.
S. 4210 42
(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.
(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
S. 4210 43
(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
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.
S. 4210 44
(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
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
S. 4210 45
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 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
S. 4210 46
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.
(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
S. 4210 47
(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;
(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-
S. 4210 48
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
(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
S. 4210 49
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 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-
S. 4210 50
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
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
S. 4210 51
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-
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
S. 4210 52
(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
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.
S. 4210 53
(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
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
Intentionally omitted.
PART D
Intentionally omitted.
S. 4210 54
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.