Relates to state assessments and teacher evaluations
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| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jun 16, 2018 |
referred to rules |
BILL NUMBER: S9098
SPONSOR: RULES
TITLE OF BILL: An act to amend the education law, in relation to
state assessments and teacher evaluations and to increasing the number
of charters issued; to amend the executive law, in relation to expanding
the scope of unlawful discriminatory practices to include public educa-
tional institutions; to amend subpart B of part AA of chapter 56 of the
laws of 2014 amending the education law relating to providing that
standardized test scores shall not be included on a student's permanent
record, in relation to making such provisions permanent; to amend the
education law, in relation to reducing the probationary period for
assistants and other superintendents, teachers and other employees
PURPOSE:
To eliminate the use of student standardized test scores from teacher
evaluations, reduce the probationary periods for tenure, increase the
statewide and regional limits on charters, protecting students of public
schools from discrimination, and creating a method of oversight for
schools not in compliance with education law requirements.
SUMMARY OF PROVISIONS: Section 1. Amends subdivisions 4 and 5 of section 3012-d of the educa- tion law to restrict the student performance category to no more than 25% of the overall calculation. A trained peer teacher must be rated as effective or highly effective, approved by the district, and can be from the same school or a different school. The Commissioner of SED may establish a framework to be used for the basis of evaluations. The provisions relating to a teacher's framework score are struck. Section 2. Amends section 3012-d of the education law to add a new subdivision that would prohibit the use of student standardized test scores in grades 3-8 in the calculation of teacher or principal evalu- ations. The Commissioner would have the authority to provide and approve alternative assessments to use in determining grade 3-8 transition scores and ratings. Assessments would be subject to collective bargain- ing. There are also protections for existing agreements until a succes- sor agreement is reached. Section 3. Amends section 2852 of the education law to allow 90% of the charters issued to be in New York City and removes further restrictions. Section 4. Amends section 2852 of the education law to increase the number of charters issued statewide from 460 to 560. Section 4-a. Amends section 2852 of the education law to authorize the Board of Regents to issue 560 charters statewide. Section 5. Amends section 3204 of the education law relating to the quality and language of instruction. To determine compliance with substantial equivalency the commissioner is required to create a super- vising entity with expertise in the curriculums specified in this section. A compliance determination shall only be based upon on teaching the enumerated requirements. If a school is found out of compliance the commissioner may submit a report with suggested corrective actions. Such school may accept those recommended corrective actions or establish their own plan. If the school does not remedy the non-compliance after adequate time the commissioner may place the school on a one year proba- tionary period. During the probationary period the school would be required to work with a curriculum specialist. If a school is still out of compliance after the probationary period then the commissioner shall inform parents of enrolled students that such curriculum was deficient. Section 6. Amends section 292 of the executive law to include public schools in the definition of educational institution Section 7. Amends subdivision 4 of section 296 of the executive law to allow claims of discrimination against educational institutions to be pursued through the division of human rights. Section 8. Amends Section 2 of subpart B of Part AA of chapter 56 of the laws of 2014 to make the prohibition on including student's standardized test scores on student's permanent records permanent. Section 9. Amends section 2509 of the education law to reduce the time of probationary periods before tenure of certain education profes- sionals. Section 10. Amends section 2573 of the education law to reduce the time of probationary periods before tenure of certain education profes- sionals. Section 11. Amends section 3012 of the education law to reduce the time of probationary periods before tenure of certain education profes- sionals. Section 12. Amends section 3014 of the education law to reduce the time of probationary periods before tenure of certain education profes- sionals. Section 13. Lists the effective date. JUSTIFICATION: New York State is home to the most passionate educators in the nation. This bill reforms the evaluation process for teachers, thereby allowing their focus to be on the classroom, delivering quality education to their students. The bill also includes protections until successor agreements can be negotiated that coincide with the new provisions. This bill acknowledges the hard work teachers and other school personnel provide to students by reducing the probationary periods before tenure can be offered. Lastly, this bill would add oversight to schools to ensure their curriculums comply with the requirements under law. LEGISLATIVE HISTORY: New Bill. FISCAL IMPLICATIONS: None. EFFECTIVE DATE: Immediately.
S T A T E O F N E W Y O R K
________________________________________________________________________
9098
I N S E N A T E
June 16, 2018
___________
Introduced by COMMITTEE ON RULES -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the education law, in relation to state assessments and
teacher evaluations and to increasing the number of charters issued;
to amend the executive law, in relation to expanding the scope of
unlawful discriminatory practices to include public educational insti-
tutions; to amend subpart B of part AA of chapter 56 of the laws of
2014 amending the education law relating to providing that standard-
ized test scores shall not be included on a student's permanent
record, in relation to making such provisions permanent; to amend the
education law, in relation to reducing the probationary period for
assistants and other superintendents, teachers and other employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 4 and 5 of section 3012-d of the education
law, as added by section 2 of subpart E of part EE of chapter 56 of the
laws of 2015, subparagraph 1 of paragraph a of subdivision 4 as amended
by section 3 of subpart C of part B of chapter 20 of the laws of 2015,
are amended to read as follows:
4. Categories. The annual evaluation system shall consist of multiple
measures in two categories: student performance and teacher observa-
tions.
a. Student performance category. Such category shall have at least one
subcomponent and an optional second subcomponent as follows:
(1) For the first subcomponent, (A) for a teacher whose course ends in
a state-created or administered test for which there is a state-provided
growth model, such teacher shall have a state-provided growth score
based on such model, which shall take into consideration certain student
characteristics, as determined by the commissioner, including but not
limited to students with disabilities, poverty, English language learner
status and prior academic history and which shall identify educators
whose students' growth is well above or well below average compared to
similar students for a teacher's or principal's students after the
certain student characteristics above are taken into account; and (B)
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16341-02-8
S. 9098 2
for a teacher whose course does not end in a state-created or adminis-
tered test such teacher shall have a student learning objective (SLO)
consistent with a goal-setting process determined or developed by the
commissioner, that results in a student growth score; provided that, for
any teacher whose course ends in a state-created or administered assess-
ment for which there is no state-provided growth model, such assessment
must be used as the underlying assessment for such SLO;
(2) For the optional second subcomponent, a district may locally
select a second measure in accordance with this subparagraph. Such
second measure shall apply in a consistent manner, to the extent practi-
cable, across the district and be either: (A) a second state-provided
growth score on a state-created or administered test under clause (A) of
subparagraph one of this paragraph, or (B) a growth score based on a
state-designed supplemental assessment, calculated using a state-provid-
ed or approved growth model. The optional second subcomponent shall
provide options for multiple assessment measures that are aligned to
existing classroom and school best practices and take into consideration
the recommendations in the testing reduction report as required by
section one of subpart F of the chapter of the laws of two thousand
fifteen which added this section regarding the reduction of unnecessary
additional testing.
The commissioner shall determine the weights and scoring ranges for
the subcomponent or subcomponents of the student performance category
that shall result in a combined category rating, PROVIDED HOWEVER THE
STUDENT PERFORMANCE CATEGORY SHALL NOT COMPRISE MORE THAN TWENTY-FIVE
PERCENT OF THE OVERALL CALCULATION. The commissioner shall also set
parameters for appropriate targets for student growth for both subcompo-
nents, and the department must affirmatively approve and shall have the
authority to disapprove or require modifications of district plans that
do not set appropriate growth targets, including after initial approval.
The commissioner shall set such weights and parameters consistent with
the terms contained herein.
b. Teacher observations category. The observations category for teach-
ers shall be based on a state-approved rubric and shall include up to
three subcomponents. Such category must include: (1) a subcomponent
based on classroom observations conducted by a principal or other
trained administrator and must also include (2) a subcomponent based on
classroom observations by an impartial independent trained evaluator or
evaluators selected by the district. A TRAINED PEER TEACHER MUST BE
RATED EFFECTIVE OR HIGHLY EFFECTIVE, APPROVED BY THE DISTRICT AND CAN BE
FROM THE SAME SCHOOL OR FROM ANOTHER SCHOOL. An independent trained
evaluator may be employed within the school district[, but not the same
school building, as the teacher being evaluated]. Such category may also
include a subcomponent based on classroom observations conducted by a
trained peer teacher rated effective or highly effective from the same
school or from another school in the district.
The commissioner shall determine the weights, and/or weighting options
and scoring ranges for the subcomponents of the observations category
that result in a combined category rating. The commissioner shall also
determine the minimum number of observations to be conducted annually,
including frequency and duration, and any parameters therefor AS WELL AS
A FRAMEWORK TO BE USED AS THE BASIS FOR OBSERVATIONS. The commissioner
shall set such weights and scores consistent with the terms contained
herein.
5. Rating determination. The overall rating determination shall be
determined according to a methodology as follows:
S. 9098 3
[a.] The following rules shall apply: a teacher or principal who is
(1) rated using two subcomponents in the student performance category
and receives a rating of ineffective in such category shall be rated
ineffective overall; provided, however, that if the measure used in the
second subcomponent is a state-provided growth score on a state-created
or administered test pursuant to clause (A) of subparagraph one of para-
graph a of subdivision four of this section, a teacher or principal who
receives a rating of ineffective in such category shall not be eligible
to receive a rating of effective or highly effective overall; (2) rated
using only the state measure subcomponent in the student performance
category and receives a rating of ineffective in such category shall not
be eligible to receive a rating of effective or highly effective over-
all; and (3) rated ineffective in the teacher observations category
shall not be eligible to receive a rating of effective or highly effec-
tive overall.
[b. Except as otherwise provided in paragraph a of this subdivision, a
teacher's composite score shall be determined as follows:
(1) If a teacher receives an H in the teacher observation category,
and an H in the student performance category, the teacher's composite
score shall be H;
(2) If a teacher receives an H in the teacher observation category,
and an E in the student performance category, the teacher's composite
score shall be H;
(3) If a teacher receives an H in the teacher observation category,
and a D in the student performance category, the teacher's composite
score shall be E;
(4) If a teacher receives an H in the teacher observation category,
and an I in the student performance category, the teacher's composite
score shall be D;
(5) If a teacher receives an E in the teacher observation category,
and an H in the student performance category, the teacher's composite
score shall be H;
(6) If a teacher receives an E in the teacher observation category,
and an E in the student performance category, the teacher's composite
score shall be E;
(7) If a teacher receives an E in the teacher observation category,
and a D in the student performance category, the teacher's composite
score shall be E;
(8) If a teacher receives an E in the teacher observation category,
and an I in the student performance category, the teacher's composite
score shall be D;
(9) If a teacher receives a D in the teacher observation category, and
an H in the student performance category, the teacher's composite score
shall be E;
(10) If a teacher receives a D in the teacher observation category,
and an E in the student performance category, the teacher's composite
score shall be E;
(11) If a teacher receives a D in the teacher observation category,
and a D in the student performance category, the teacher's composite
score shall be D;
(12) If a teacher receives a D in the teacher observation category,
and an I in the student performance category, the teacher's composite
score shall be I;
(13) If a teacher receives an I in the teacher observation category,
and an H in the student performance category, the teacher's composite
score shall be D;
S. 9098 4
(14) If a teacher receives an I in the teacher observation category,
and an E in the student performance category, the teacher's composite
score shall be D;
(15) If a teacher receives an I in the teacher observation category,
and a D in the student performance category, the teacher's composite
score shall be I;
(16) If a teacher receives an I in the teacher observation category,
and an I in the student performance category, the teacher's composite
score shall be I.]
§ 2. Section 3012-d of the education law is amended by adding a new
subdivision 16 to read as follows:
16. A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
TO THE CONTRARY, THE GRADES THREE THROUGH EIGHT ENGLISH LANGUAGE ARTS
AND MATHEMATICS STATE ASSESSMENTS AND ALL OTHER STATE-CREATED OR ADMIN-
ISTERED TESTS SHALL NOT BE REQUIRED TO BE UTILIZED IN ANY MANNER TO
DETERMINE A TEACHER OR PRINCIPAL EVALUATION REQUIRED BY THIS SECTION.
B. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS PROVIDING
ALTERNATIVE ASSESSMENTS THAT MAY BE USED IN GRADES THREE THROUGH EIGHT
INSTEAD OF ALL OTHER STATE-CREATED OR ADMINISTERED TESTS, WHICH SHALL
INCLUDE ALL OF THE ASSESSMENTS THAT HAVE BEEN APPROVED BY THE COMMIS-
SIONER FOR USE IN DETERMINING TRANSITION SCORES AND RATINGS.
C. THE SELECTION AND USE OF AN ASSESSMENT IN A TEACHER OR PRINCIPAL'S
EVALUATION PURSUANT TO PARAGRAPHS A AND B OF THIS SUBDIVISION AND SUBDI-
VISION FOUR OF THIS SECTION SHALL BE SUBJECT TO COLLECTIVE BARGAINING
PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
D. NOTWITHSTANDING ANY PROVISION OF SUBDIVISION TWELVE OF THIS SECTION
TO THE CONTRARY, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ABROGATE
ANY CONFLICTING PROVISIONS OF ANY COLLECTIVE BARGAINING AGREEMENT IN
EFFECT ON THE DATE THIS SUBDIVISION TAKES EFFECT AND UNTIL THE ENTRY
INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT, PROVIDED THAT NOTWITH-
STANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON EXPIRATION OF
SUCH TERM AND THE ENTRY INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT
THE PROVISIONS OF THIS SUBDIVISION SHALL APPLY; AND, PROVIDED FURTHER,
HOWEVER, THAT ANY ASSESSMENTS USED IN DETERMINING TRANSITION SCORES AND
RATINGS SHALL BE USED IN DETERMINING SCORES AND RATINGS PURSUANT TO THIS
SECTION INSTEAD OF THE GRADES THREE THROUGH EIGHT ENGLISH LANGUAGE ARTS
AND MATHEMATICS STATE ASSESSMENTS UNTIL THE ENTRY INTO A SUCCESSOR
COLLECTIVE BARGAINING AGREEMENT.
§ 3. Subdivision 9 of section 2852 of the education law, as amended by
section 2 of subpart A of part B of chapter 20 of the laws of 2015, is
amended to read as follows:
9. The total number of charters issued pursuant to this article state-
wide shall not exceed four hundred sixty. (a) All charters issued on or
after July 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. [Fifty] NINETY PERCENT of such charters issued
ANNUALLY on or after [July first, two thousand fifteen,] THE EFFECTIVE
DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND EIGHTEEN THAT AMENDED
THIS SUBDIVISION and no more, shall be granted to a charter for a school
to be located in a city having a population of one million or more. 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
S. 9098 5
grant such charter. A conversion of an existing public school to a char-
ter school, or the renewal or extension of a charter approved by any
charter entity, shall not be counted toward the numerical limits estab-
lished by this subdivision.
(b) A charter that has been surrendered, revoked or terminated [on or
before July first, two thousand fifteen], including a charter that has
not been renewed by action of its charter entity, may be reissued pursu-
ant to paragraph (a) of this subdivision by the board of regents either
upon application directly to the board of regents or on the recommenda-
tion of the board of trustees of the state university of New York pursu-
ant to a competitive process in accordance with subdivision nine-a of
this section. Provided that such reissuance shall not be counted toward
the statewide numerical limit established by this subdivision[, and
provided further that no more than twenty-two charters may be reissued
pursuant to this paragraph].
(c) For purposes of determining the total number of charters issued
within the numerical limits established by this subdivision, the
approval date of the charter entity shall be the determining factor.
(d) Notwithstanding any provision of this article to the contrary, any
charter authorized to be issued by chapter fifty-seven of the laws of
two thousand seven effective July first, two thousand seven, and that
remains unissued as of July first, two thousand fifteen, may be issued
pursuant to the provisions of law applicable to a charter authorized to
be issued by such chapter in effect as of June fifteenth, two thousand
fifteen[; provided however that nothing in this paragraph shall be
construed to increase the numerical limit applicable to a city having a
population of one million or more as provided in paragraph (a) of this
subdivision, as amended by a chapter of the laws of two thousand fifteen
which added this paragraph].
§ 4. Subdivision 9 of section 2852 of the education law, as amended by
section 2 of subpart A of part B of chapter 20 of the laws of 2015, is
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) All charters issued
on or after July 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 subdivi-
sion nine-a of this section. [Fifty of such charters issued on or after
July first, two thousand fifteen, and no more, shall be granted to a
charter for a school to be located in a city having a population of one
million or more.] 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 charter. 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 that has been surrendered, revoked or terminated [on or
before July first, two thousand fifteen], including a charter that has
not been renewed by action of its charter entity, may be reissued pursu-
ant to paragraph (a) of this subdivision by the board of regents either
upon application directly to the board of regents or on the recommenda-
tion of the board of trustees of the state university of New York pursu-
ant to a competitive process in accordance with subdivision nine-a of
S. 9098 6
this section. Provided that such reissuance shall not be counted toward
the statewide numerical limit established by this subdivision[, and
provided further that no more than twenty-two charters may be reissued
pursuant to this paragraph].
(c) For purposes of determining the total number of charters issued
within the numerical limits established by this subdivision, the
approval date of the charter entity shall be the determining factor.
(d) Notwithstanding any provision of this article to the contrary, any
charter authorized to be issued by chapter fifty-seven of the laws of
two thousand seven effective July first, two thousand seven, and that
remains unissued as of July first, two thousand fifteen, may be issued
pursuant to the provisions of law applicable to a charter authorized to
be issued by such chapter in effect as of June fifteenth, two thousand
fifteen[; provided however that nothing in this paragraph shall be
construed to increase the numerical limit applicable to a city having a
population of one million or more as provided in paragraph (a) of this
subdivision, as amended by a chapter of the laws of two thousand fifteen
which added this paragraph].
§ 4-a. The opening paragraph of paragraph (a) of subdivision 9-a of
section 2852 of the education law, as amended by section 2 of subpart A
of part B of chapter 20 of the laws of 2015, is amended to read as
follows:
The board of regents is hereby authorized and directed to issue [four]
FIVE hundred sixty charters statewide upon either applications submitted
directly to the board of regents or upon the recommendation of the board
of trustees of the state university of New York pursuant to a compet-
itive request for proposals process.
§ 5. Subdivision 2 of section 3204 of the education law, as amended by
section 1 of part SSS of chapter 59 of the laws of 2018, is amended to
read as follows:
2. Quality and language of instruction; text-books. (i) Instruction
may be given only by a competent teacher. In the teaching of the
subjects of instruction prescribed by this section, English shall be the
language of instruction, and text-books used shall be written in
English, except that for a period of three years, which period may be
extended by the commissioner with respect to individual pupils, upon
application therefor by the appropriate school authorities, to a period
not in excess of six years, from the date of enrollment in school,
pupils who, by reason of foreign birth or ancestry have limited English
proficiency, shall be provided with instructional programs as specified
in subdivision two-a of this section and the regulations of the commis-
sioner. The purpose of providing such pupils with instruction shall be
to enable them to develop academically while achieving competence in the
English language. Instruction given to a minor elsewhere than at a
public school shall be at least substantially equivalent to the instruc-
tion given to minors of like age and attainments at the public schools
of the city or district where the minor resides.
(ii) For purposes of considering substantial equivalence pursuant to
this subdivision for nonpublic elementary and middle schools that are:
(1) non-profit corporations, (2) have a bi-lingual program, and (3) have
an educational program that extends from no later than nine a.m. until
no earlier than four p.m. for grades one through [three, and no earlier
than five thirty p.m. for grades four through] eight, on the majority of
weekdays TO MEET THE REQUIREMENTS OF THIS SECTION, the department shall
consider the following, but not limited to: if the curriculum provides
academically rigorous instruction that develops critical thinking skills
S. 9098 7
in the school's students, taking into account the entirety of the
curriculum, over the course of elementary and middle school, including
instruction in English [that will] TO prepare pupils to read fiction and
nonfiction text for information and to use that information to construct
written essays that state a point of view or support an argument;
instruction in mathematics [that will] TO prepare pupils to solve real
world problems using both number sense and fluency with mathematical
functions and operations; instruction in history [by being able] TO
PREPARE PUPILS to interpret and analyze primary text to identify and
explore important events in history, to construct written arguments
using the supporting information they get from primary source material,
demonstrate an understating of the role of geography and economics in
the actions of world civilizations, and an understanding of civics and
the responsibilities of citizens in world communities; and instruction
in science [by learning] TO TEACH PUPILS how to gather, analyze and
interpret observable data to make informed decisions and solve problems
mathematically, using deductive and inductive reasoning to support a
hypothesis, and how to differentiate between correlational and causal
relationships.
(iii) For purposes of considering substantial equivalence pursuant to
this subdivision for nonpublic high schools that: (1) are established
for pupils in high school who have graduated from an elementary school
that provides instruction as described in this section, (2) are a non-
profit corporation, (3) have a bi-lingual program, and (4) have an
educational program that extends from no later than nine a.m. until no
earlier than [six] FOUR-THIRTY p.m. on the majority of weekdays TO MEET
THE REQUIREMENTS OF THIS SECTION the department shall consider the
following but not limited to: if the curriculum provides academically
rigorous instruction that develops critical thinking skills in the
school's students, the outcomes of which, taking into account the
entirety of the curriculum, result in a sound basic education.
(iv) Nothing herein shall be construed to entitle or permit any school
to receive an increase in mandated services aid pursuant to 8 NYCRR 176
on account of providing a longer school day.
(v) [The commissioner shall be the entity that determines whether
nonpublic elementary and secondary schools are in compliance with the
academic requirements set forth in paragraphs (ii) and (iii) of this
subdivision.] IN DETERMINING COMPLIANCE WITH THE ACADEMIC REQUIREMENTS
SET FORTH IN PARAGRAPHS (II) AND (III) OF THIS SUBDIVISION, THE COMMIS-
SIONER SHALL DESIGNATE AN ENTITY OR ENTITIES WITH EXPERTISE IN THE
CURRICULUM OF THE SCHOOLS DESCRIBED IN PARAGRAPHS (II) AND (III) OF THIS
SUBDIVISION TO EVALUATE THE SCHOOLS' COMPLIANCE WITH SAID REQUIREMENTS,
AND SHALL DEFER TO SUCH ENTITY'S EXPERTISE IN MAKING SUCH EVALUATION.
(VI) FOR PURPOSES OF DETERMINING COMPLIANCE WITH THE ACADEMIC REQUIRE-
MENTS SET FORTH IN PARAGRAPHS (II) AND (III) OF THIS SUBDIVISION, THE
DETERMINATION SHALL BE BASED SOLELY ON TEACHING THE ENUMERATED CRITERIA
CONTAINED THEREIN; PROVIDED, HOWEVER, THAT NOTHING IN THIS PARAGRAPH
SHALL PROHIBIT SCHOOLS FROM PROVIDING INSTRUCTION IN AREAS NOT ENUMER-
ATED WITHIN PARAGRAPHS (II) AND (III) OF THIS SUBDIVISION.
(VII) UPON A FINDING OF NON-COMPLIANCE THE FOLLOWING STEPS MAY BE
TAKEN:
(A) THE COMMISSIONER MAY ISSUE A REPORT RECOMMENDING CORRECTIVE
ACTIONS TO SATISFY THE ACADEMIC REQUIREMENTS ESTABLISHED HEREIN.
(B) SUCH SCHOOL MAY ACCEPT AND IMPLEMENT THE RECOMMENDED CORRECTIVE
ACTIONS OR ESTABLISH ITS OWN PLAN FOR RESOLVING THE STATED DEFICIENCIES,
AND BE AFFORDED ADEQUATE TIME TO IMPLEMENT SUCH CORRECTIVE ACTIONS. UPON
S. 9098 8
FAILURE OF A SCHOOL TO REMEDY THE NON-COMPLIANCE, THE COMMISSIONER MAY
DEEM THE SCHOOL'S CURRICULUM TO BE DEFICIENT AND PLACE THE SCHOOL ON
PROBATION FOR A PERIOD OF ONE YEAR. DURING SUCH PROBATIONARY PERIOD THE
SCHOOL SHALL BE REQUIRED TO RETAIN AND WORK WITH A CURRICULUM SPECIALIST
TO FURTHER ADDRESS AND RESOLVE THE DEFICIENCIES AND SHALL BE SUBJECT TO
FURTHER AND PERIODIC MONITORING BY THE COMMISSIONER UNTIL THE DEFICIEN-
CIES ARE RESOLVED PURSUANT TO THIS SUBDIVISION.
(C) IF A SCHOOL IS DEEMED NOT TO BE IN COMPLIANCE AFTER THE PROBATION-
ARY PERIOD DESCRIBED ABOVE, THE COMMISSIONER SHALL INFORM PARENTS OF
STUDENTS ENROLLED IN SUCH SCHOOL THAT THE INSTRUCTION PROVIDED BY THE
SCHOOL WAS DETERMINED NOT TO BE IN COMPLIANCE.
§ 6. Section 292 of the executive law is amended by adding a new
subdivision 35 to read as follows:
35. THE TERM "EDUCATIONAL INSTITUTION" SHALL MEAN:
(A) ANY EDUCATION CORPORATION OR ASSOCIATION WHICH HOLDS ITSELF OUT TO
THE PUBLIC TO BE NON-SECRETARIAN AND EXEMPT FROM TAXATION PURSUANT TO
THE PROVISIONS OF ARTICLE FOUR OF THE REAL PROPERTY TAX LAW; OR
(B) ANY PUBLIC SCHOOL, INCLUDING ANY SCHOOL DISTRICT, BOARD OF COOPER-
ATIVE EDUCATION SERVICES, PUBLIC COLLEGE OR PUBLIC UNIVERSITY.
§ 7. Subdivision 4 of section 296 of the executive law, as amended by
chapter 106 of the laws of 2003, is amended to read as follows:
4. It shall be an unlawful discriminatory practice for an [education
corporation or association which holds itself out to the public to be
non-sectarian and exempt from taxation pursuant to the provisions of
article four of the real property tax law] EDUCATIONAL INSTITUTION to
deny the use of its facilities to any person otherwise qualified, or to
permit the harassment of any student or applicant, by reason of his
race, color, religion, disability, national origin, sexual orientation,
military status, sex, age or marital status, except that any such insti-
tution which establishes or maintains a policy of educating persons of
one sex exclusively may admit students of only one sex.
§ 8. Section 2 of subpart B of part AA of chapter 56 of the laws of
2014 amending the education law relating to providing that standardized
test scores shall not be included on a student's permanent record, as
amended by section 35 of part CCC of chapter 59 of the laws of 2018, is
amended to read as follows:
§ 2. This act shall take effect immediately [and shall expire and be
deemed repealed on December 31, 2019].
§ 9. Subdivisions 1 and 2 of section 2509 of the education law, subdi-
vision 1 as amended by chapter 116 of the laws of 1971, paragraphs (a)
and (b) of subdivision 1 as amended by section 1 and subdivision 2 as
amended by section 2 of subpart D of part EE of chapter 56 of the laws
of 2015, 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 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
S. 9098 9
board of cooperative educational services, and who was not dismissed
from such district or board as a result of charges brought pursuant to
subdivision one of section three thousand twenty-a of this chapter, the
probationary period shall not exceed two years. The service of a person
appointed to any of such positions may be discontinued at any time
during such probationary period, on the recommendation of the super-
intendent of schools, by a majority vote of the board of education. Each
person who is not to be recommended for appointment on tenure shall be
so notified by the superintendent of schools in writing not later than
sixty days immediately preceding the expiration of his probationary
period.
ii. Notwithstanding any other provision of law or regulation to the
contrary, teachers and all other members of the teaching staff appointed
on or after July first, two thousand fifteen and authorized by section
twenty-five hundred three of this article, shall be appointed by the
board of education, upon the recommendation of the superintendent of
schools, for a probationary period of [four] 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 and, if a classroom teacher, has
received composite annual professional performance review ratings in
each of those years, or has rendered satisfactory service as a
seasonally licensed per session teacher of swimming in day schools who
has served in that capacity for a period of two years and has been
appointed to teach the same subject in day schools on an annual salary,
the teacher shall be appointed for a probationary period of two years;
provided, however, that in the case of a teacher who has been appointed
on tenure in another school district within the state, the school
district where currently employed, or a board of cooperative educational
services, and who was not dismissed from such district or board as a
result of charges brought pursuant to subdivision one of section three
thousand twenty-a or section three thousand twenty-b of this chapter,
the teacher shall be appointed for a probationary period of [three] TWO
years; provided that the teacher demonstrates that he or she received an
annual professional performance review rating pursuant to section [three
thousand twelve-c or section three thousand twelve-d] THREE THOUSAND
TWELVE-B of this chapter in his or her final year of service in such
other school district or board of cooperative educational services. 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/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
S. 9098 10
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
[four] 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.
2. a. At the expiration of the probationary term of any persons
appointed for such term prior to July first, two thousand fifteen, or
within six months prior thereto, the superintendent of schools shall
make a written report to the board of education recommending for
appointment on tenure those persons who have been found competent, effi-
cient and satisfactory. By a majority vote the board of education may
then appoint on tenure any or all of the persons recommended by the
superintendent of schools. Such persons and all others employed in the
teaching 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 or section three thousand twenty-b of this chap-
ter. Failure to maintain certification as required by this chapter and
the regulations of the commissioner 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 annual professional performance
review ratings pursuant to section [three thousand twelve-c or section
three thousand twelve-d] THREE THOUSAND TWELVE-B of this chapter, of
either effective or highly effective in at least [three] TWO of the
[four] THREE preceding years, exclusive of any breaks in service;
provided that, notwithstanding any other provision of this section to
the contrary, when a teacher or principal receives an effective or high-
ly effective rating in each year of his or her probationary service
except he or she receives an ineffective rating in the final year of his
or her probationary period, such teacher or principal shall not be
eligible for tenure but the board of education in its discretion, may
extend the teacher's probationary period for an additional year;
provided, however, that if such teacher or principal successfully
appealed such ineffective rating, such teacher or principal shall imme-
diately be eligible for tenure if the rating resulting from the appeal
established that such individual has been effective or highly effective
in at least [three] TWO of the preceding [four] THREE years and was not
ineffective in the final year. By a majority vote, the board of educa-
tion may then appoint on tenure any or all of the persons recommended by
the superintendent of schools. At the expiration of the probationary
period, the classroom teacher or building principal shall remain in
probationary status until the end of the school year in which such
teacher or principal has received such ratings of effective or highly
effective for at least [three] TWO of the [four] THREE preceding school
years exclusive of any breaks in service and subject to the terms here-
of, during which time a board of education shall consider whether to
S. 9098 11
grant tenure for those classroom teachers or building principals who
otherwise have been found competent, efficient and satisfactory.
Provided, however, that the board of education may grant tenure contin-
gent upon a classroom teacher's or building principal's receipt of a
minimum rating in the final year of the probationary period, pursuant to
the requirements of this section, and if such contingency is not met
after all appeals have been exhausted, the grant of tenure shall be void
and unenforceable and the teacher's or principal's probationary period
may be extended in accordance with this subdivision. Such persons who
have been recommended for tenure and all others employed in the teaching
service of the schools of such school district who have served the full
probationary period as extended pursuant to this subdivision shall hold
their respective positions during good behavior and efficient and compe-
tent service, and shall not be removable except for cause after a hear-
ing as provided by section three thousand twenty-a or section three
thousand twenty-b of this chapter. Failure to maintain certification as
required by this chapter and the regulations of the commissioner shall
constitute cause for removal.
§ 10. Subdivision 1, paragraph (b) of subdivision 5, and paragraph (b)
of subdivision 6 of section 2573 of the education law, subdivision 1 as
amended, paragraph (b) of subdivision 5 and paragraph (b) of subdivision
6 as added by section 3 of subpart D of part EE of chapter 56 of the
laws of 2015, 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 or
section three thousand twenty-b 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 hand-
icapped, to a position which the teacher has held for at least two years
prior to such appointment while serving on tenure in another license
area who was not dismissed as a result of charges brought pursuant to
subdivision one of section three thousand twenty-a or section three
thousand twenty-b of this chapter, the probationary period shall be one
year. The service of a person appointed to any of such positions may be
discontinued at any time during such probationary period, on the recom-
mendation of the superintendent of schools, by a majority vote of the
board of education. Each person who is not to be recommended for
appointment on tenure shall be so notified by the superintendent of
schools in writing not later than sixty days immediately preceding the
expiration of his or her probationary period. In city school districts
having a population of four hundred thousand or more, persons with
S. 9098 12
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 requirements 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
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 [four] 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 and, if a classroom teacher, has
received annual professional performance review ratings in each of those
years, or has rendered satisfactory service as a seasonally licensed per
session teacher of swimming in day schools who has served in that capac-
ity for a period of two years and has been appointed to teach the same
subject in day schools on an annual salary, the teacher shall be
appointed for a probationary period of two years; provided, however,
that in the case of a teacher who has been appointed on tenure in anoth-
er school district within the state, the school district where currently
employed, or a board of cooperative educational services, and who was
not dismissed from such district or board as a result of charges brought
pursuant to subdivision one of section three thousand twenty-a or
section three thousand twenty-b of this chapter, the teacher shall be
appointed for a probationary period of [three] TWO years; provided that,
in the case of a classroom teacher, the teacher demonstrates that he or
she received an annual professional performance review rating pursuant
to section [three thousand twelve-c or section three thousand twelve-d]
THREE THOUSAND TWELVE-B of this chapter in his or her final year of
service in such other school district or board of cooperative educa-
tional services; 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 posi-
tion which the teacher has held for at least two years prior to such
appointment while serving on tenure in another license area who was not
dismissed as a result of charges brought pursuant to subdivision one of
section three thousand twenty-a or section three thousand twenty-b of
this chapter, the teacher shall be appointed for a probationary period
of two years. The service of a person appointed to any of such positions
may be discontinued at any time during such probationary period, on the
recommendation of the superintendent of schools, by a majority vote of
the board of education. Each person who is not to be recommended for
appointment on tenure shall be so notified by the superintendent of
schools in writing not later than sixty days immediately preceding the
expiration of his or her probationary period. In all city school
districts subject to the provisions of this article, failure to maintain
certification as required by this article and by the regulations of the
commissioner shall be cause for removal within the meaning of subdivi-
sion five of this section.
S. 9098 13
(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 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
[four] THREE 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 probationary period on the recom-
mendation of the superintendent of schools, by a majority vote of the
board of education.
(b) At the expiration of the probationary term of any persons
appointed for such term on or after July first, two thousand fifteen,
the superintendent of schools shall make a written report to the board
of education recommending for permanent appointment those persons who
have been found competent, efficient and satisfactory and, in the case
of a classroom teacher or building principal, who have received compos-
ite annual professional performance review ratings pursuant to section
[three thousand twelve-c or section three thousand twelve-d] THREE THOU-
SAND TWELVE-B of this chapter, of either effective or highly effective
in at least [three] TWO of the [four] THREE preceding years, exclusive
of any breaks in service; provided that, notwithstanding any other
provision of this section to the contrary, when a teacher or principal
receives an effective and/or highly effective rating in each year of his
or her probationary service except he or she receives an ineffective
rating in the final year of his or her probationary period, such teacher
or principal shall not be eligible for tenure but the board of education
in its discretion, may extend the teacher's probationary period for an
additional year; provided, however, that if such teacher or principal
successfully appealed such ineffective rating, such teacher or principal
shall immediately be eligible for tenure if the rating resulting from
the appeal established that such individual has been effective or highly
effective in at least [three] TWO of the preceding [four] THREE years.
At the expiration of the probationary period, the classroom teacher or
building principal shall remain in probationary status until the end of
the school year in which such teacher or principal has received such
ratings of effective or highly effective for at least [three] TWO of the
[four] THREE preceding school years, exclusive of any breaks in service
and subject to the terms hereof, during which time a board of education
shall consider whether to grant tenure for those classroom teachers or
building principals who otherwise have been found competent, efficient
and satisfactory. Provided, however, that the board of education may
grant tenure contingent upon a classroom teacher's or building princi-
S. 9098 14
pal's receipt of a minimum rating in the final year of the probationary
period, pursuant to the requirements of this section, and if such
contingency is not met after all appeals have been exhausted, the grant
of tenure shall be void and unenforceable and the teacher's or princi-
pal's probationary period may be extended in accordance with this subdi-
vision. Such persons who have been recommended for tenure and all others
employed in the teaching service of the schools of such school district
who have served the full probationary period as extended pursuant to
this subdivision shall hold their respective positions during good
behavior and efficient and competent service, and shall not be removable
except for cause after a hearing as provided by section three thousand
twenty-a or section three thousand twenty-b of this chapter. Failure to
maintain certification as required by this chapter and the regulations
of the commissioner shall constitute cause for removal.
(b) At the expiration of the probationary term of any persons
appointed for such term on or after July first, two thousand fifteen,
the superintendent of schools shall make a written report to the board
of education recommending for permanent appointment those persons who
have been found competent, efficient and satisfactory and, in the case
of a classroom teacher or building principal, who have received compos-
ite annual professional performance review ratings pursuant to section
[three thousand twelve-c or section three thousand twelve-d] THREE THOU-
SAND TWELVE-B of this chapter, of either effective or highly effective
in at least [three] TWO of the [four] THREE preceding years, exclusive
of any breaks in service; provided that, notwithstanding any other
provision of this section to the contrary, when a teacher receives an
effective and/or highly effective rating in each year of his or her
probationary service except he or she receives an ineffective rating in
the final year of his or her probationary period, such teacher or prin-
cipal shall not be eligible for tenure but the board of education in its
discretion, may extend the teacher's probationary period for an addi-
tional year; provided, however, that if such teacher or principal
successfully appealed such ineffective rating, such teacher or principal
shall immediately be eligible for tenure if the rating resulting from
the appeal established that such individual has been effective or highly
effective in at least [three] TWO of the preceding [four] THREE years
and was not ineffective in the final year. At the expiration of the
probationary period, the classroom teacher or building principal shall
remain in probationary status until the end of the school year in which
such teacher or principal has received such ratings of effective or
highly effective for at least [three] TWO of the [four] THREE preceding
school years, exclusive of any breaks in service and subject to the
terms hereof, during which time a board of education shall consider
whether to grant tenure for those classroom teachers or building princi-
pals who otherwise have been found competent, efficient and satisfac-
tory. Provided, however, that the board of education may grant tenure
contingent upon a classroom teacher's or building principal's receipt of
a minimum rating in the final year of the probationary period, pursuant
to the requirements of this section, and if such contingency is not met
after all appeals have been exhausted, the grant of tenure shall be void
and unenforceable and the teacher's or principal's probationary period
may be extended in accordance with this subdivision. Such persons who
have been recommended for tenure and all others employed in the teaching
service of the schools of such school district who have served the full
probationary period as extended pursuant to this subdivision shall hold
their respective positions during good behavior and efficient and compe-
S. 9098 15
tent service, and shall not be removable except for cause after a hear-
ing as provided by section three thousand twenty-a or section three
thousand twenty-b of this chapter. Failure to maintain certification as
required by this chapter and the regulations of the commissioner shall
constitute cause for removal.
§ 11. Subparagraph ii of paragraph (a) of subdivision 1, subparagraph
ii of paragraph (b) of subdivision 1, and paragraph (b) of subdivision 2
of section 3012 of the education law, as amended by section 4 of subpart
D of part EE of chapter 56 of the laws of 2015, are amended to read as
follows:
ii. Teachers and all other members of the teaching staff of school
districts, including common school districts and/or school districts
employing fewer than eight teachers, other than city school districts,
who are appointed on or after July first, two thousand fifteen, shall be
appointed by the board of education, or the trustees of common school
districts, upon the recommendation of the superintendent of schools, for
a probationary period of [four] 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 and, if a classroom teacher, has received
annual professional performance review ratings in each of those years,
or has rendered satisfactory service as a seasonally licensed per
session teacher of swimming in day schools who has served in that capac-
ity for a period of two years and has been appointed to teach the same
subject in day schools, on an annual salary, the teacher shall be
appointed for a probationary period of two years; provided, however,
that in the case of a teacher who has been appointed on tenure in anoth-
er school district within the state, the school district where currently
employed, or a board of cooperative educational services, and who was
not dismissed from such district or board as a result of charges brought
pursuant to subdivision one of section three thousand twenty-a or
section three thousand twenty-b of this article, the teacher shall be
appointed for a probationary period of [three] TWO years; provided that,
in the case of a classroom teacher, the teacher demonstrates that he or
she received an annual professional performance review rating pursuant
to section [three thousand twelve-c or section three thousand twelve-d]
THREE THOUSAND TWELVE-B of this [chapter] ARTICLE in his or her final
year of service in such other school district or board of cooperative
educational services. The service of a person appointed to any of such
positions may be discontinued at any time during such probationary peri-
od, on the recommendation of the superintendent of schools, by a majori-
ty vote of the board of education 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
[four] 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 or the trustees of a common school
district.
(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
S. 9098 16
the conditions of this section, the superintendent of schools shall make
a written report to the board of education or the trustees of a common
school district recommending for appointment on tenure those persons who
have been found competent, efficient and satisfactory and, in the case
of a classroom teacher or building principal, who have received compos-
ite annual professional performance review ratings pursuant to section
[three thousand twelve-c or section three thousand twelve-d] THREE THOU-
SAND TWELVE-B of this article, of either effective or highly effective
in at least [three] TWO of the [four] THREE preceding years, exclusive
of any breaks in service; provided that, notwithstanding any other
provision of this section to the contrary, when a teacher or principal
receives an effective or highly effective rating in each year of his or
her probationary service except he or she receives an ineffective rating
in the final year of his or her probationary period, such teacher shall
not be eligible for tenure but the board of education, in its
discretion, may extend the teacher's probationary period for an addi-
tional year; provided, however, that if such teacher or principal
successfully appealed such ineffective rating, such teacher or principal
shall immediately be eligible for tenure if the rating resulting from
the appeal established that such individual has been effective or highly
effective in at least [three] TWO of the preceding [four] THREE years
and was not ineffective in the final year. At the expiration of the
probationary period, the classroom teacher or building principal shall
remain in probationary status until the end of the school year in which
such teacher or principal has received such ratings of effective or
highly effective for at least [three] TWO of the [four] THREE preceding
school years, exclusive of any breaks in service, and subject to the
terms hereof, during which time the trustees or board of education shall
consider whether to grant tenure for those classroom teachers or build-
ing principals who otherwise have been found competent, efficient and
satisfactory. Provided, however, that the trustees or board of education
may grant tenure contingent upon a classroom teacher's or building prin-
cipal's receipt of a minimum rating in the final year of the probation-
ary period, pursuant to the requirements of this section, and if such
contingency is not met after all appeals have been exhausted, the grant
of tenure shall be void and unenforceable and the teacher's or princi-
pal's probationary period may be extended in accordance with this subdi-
vision. Such persons who have been recommended for tenure and all others
employed in the teaching service of the schools of such school district
who have served the full probationary period as extended pursuant to
this subdivision shall hold their respective positions during good
behavior and efficient and competent service, and shall not be removable
except for cause after a hearing as provided by section three thousand
twenty-a or section three thousand twenty-b of this article. Failure to
maintain certification as required by this chapter and the regulations
of the commissioner shall constitute cause for removal.
§ 12. Paragraph (b) of subdivision 1 and paragraph (b) of subdivision
2 of section 3014 of the education law, as added by section 5 of subpart
D of part EE of chapter 56 of the laws of 2015, are amended to read as
follows:
(b) Administrative assistants, supervisors, teachers and all other
members of the teaching and supervising staff of the board of cooper-
ative educational services appointed on or after July first, two thou-
sand fifteen, shall be appointed by a majority vote of the board of
cooperative educational services upon the recommendation of the district
superintendent of schools for a probationary period of not to exceed
S. 9098 17
[four] 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 cooperative educational services where currently employed, or
another board of cooperative educational services, and who was not
dismissed from such district or board as a result of charges brought
pursuant to section three thousand twenty-a or section three thousand
twenty-b of this article, the teacher shall be appointed for a proba-
tionary period of [three] TWO years; provided that, in the case of a
classroom teacher, the teacher demonstrates that he or she received a
composite annual professional performance review rating pursuant to
section [three thousand twelve-c or three thousand twelve-d] THREE THOU-
SAND TWELVE-B of this [chapter] ARTICLE of either effective or highly
effective in his or her final year of service in such other school
district or board of cooperative educational services. 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.
(b) On or before the expiration of the probationary term of a person
appointed for such term on or after July first, two thousand fifteen,
the district superintendent of schools shall make a written report to
the board of cooperative educational services recommending for appoint-
ment on tenure persons who have been found competent, efficient and
satisfactory and, in the case of a classroom teacher or building princi-
pal, who have received composite annual professional performance review
ratings pursuant to section [three thousand twelve-c or section three
thousand twelve-d] THREE THOUSAND TWELVE-B of this article, of either
effective or highly effective in at least [three] TWO of the [four]
THREE preceding years, exclusive of any breaks in service; provided
that, notwithstanding any other provision of this section to the contra-
ry, when a teacher or principal receives an effective or highly effec-
tive rating in each year of his or her probationary service except he or
she receives an ineffective rating in the final year of his or her
probationary period, such teacher shall not be eligible for tenure but
the board of education in its discretion, may extend the teacher's
probationary period for an additional year; provided, however that if
such teacher or principal successfully appealed such ineffective rating,
such teacher or principal shall immediately be eligible for tenure if
the rating resulting from the appeal established that such individual
has been effective or highly effective in at least [three] TWO of the
preceding [four] THREE years and was not ineffective in the final year.
At the expiration of the probationary period, the classroom teacher or
building principal shall remain in probationary status until the end of
the school year in which such teacher or principal has received such
ratings of effective or highly effective for at least [three] TWO of the
[four] THREE preceding school years, exclusive of any breaks in service,
during which time a board of cooperative educational services shall
consider whether to grant tenure for those classroom teachers or build-
ing principals who otherwise have been found competent, efficient and
satisfactory. Provided, however, that the board of cooperative educa-
tional services may grant tenure contingent upon a classroom teacher's
or building principal's receipt of a minimum rating in the final year of
the probationary period, pursuant to the requirements of this section,
and if such contingency is not met after all appeals have been
exhausted, the grant of tenure shall be void and unenforceable and the
teacher's or principal's probationary period may be extended in accord-
S. 9098 18
ance with this subdivision. Such persons shall hold their respective
positions during good behavior and competent and efficient service and
shall not be removed except for any of the following causes, after a
hearing, as provided by section three thousand twenty-a or section three
thousand twenty-b of this article: (i) Insubordination, immoral charac-
ter or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or
neglect of duty; (iii) Failure to maintain certification as required by
this chapter and by the regulations of the commissioner. Each person who
is not to be so recommended for appointment on tenure shall be so noti-
fied in writing by the district superintendent not later than sixty days
immediately preceding the expiration of his or her probationary period.
§ 13. This act shall take effect immediately; provided, however, that:
(a) the amendments to subdivisions 9 and 9-a of section 2852 of the
education law made by sections four and four-a of this act shall take
effect upon the state university charter school institute, in consulta-
tion with the state education department, certifying that the cap of
four hundred sixty charters has been reached, when upon such date the
provisions of section four of this act shall be deemed repealed; and
(b) the state education department shall notify the legislative bill
drafting commission upon the occurrence of the enactment of the legis-
lation provided for in subdivision (a) of this section in order that the
commission may maintain an accurate and timely effective data base of
the official text of the laws of the state of New York in furtherance of
effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law.
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