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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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| Jan 08, 2020 |
referred to education |
| May 16, 2019 |
referred to education |
Senate Bill S5971
2019-2020 Legislative Session
Relates to the appointment of teachers
download bill text pdfSponsored By
(D, WF) 37th Senate District
Archive: Last Bill Status - In Senate Committee Education Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2019-S5971 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8369
- Current Committee:
- Senate Education
- Law Section:
- Education Law
- Laws Affected:
- Amd §§2509, 2573, 3012 & 3014, Ed L
- Versions Introduced in 2021-2022 Legislative Session:
-
S910, A5151
2019-S5971 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5971
SPONSOR: MAYER
TITLE OF BILL: An act to amend the education law, in relation to the
appointment of teachers
PURPOSE:
The purpose of this bill is to amend the education law to return to the
probationary period prior to the adoption of the annual professional
performance review (APPR) in 2015. The bill also deletes references to
APPR for purposes of tenure decisions and would replace it with "satis-
factory annual reviews." This bill includes a Jarema credit, named after
the former assemblyman, to clarify that Jarema credit may be earned for
proportionate credit for up to two years of credit for regular substi-
tute service. The legislation also makes technical corrections and
provisions gender neutral.
SUMMARY OF SPECIFIC PROVISIONS:
Section(s)of the bill would amend section 2509, 2573, and 3012 of the
education law to return tenure to the three year period where this was in effect before the adoption of APPR. Additionally, the bill would reduce the time to attain tenure for a tenured educator who left the district prior to APPR and returns to such district or another district. The amendments to the education law also clarify issues surrounding the Jarema credit, which allows those working as regular substitute teachers to proportionally reduce their probationary period. Finally, the bill replaces APPR with the term "successful annual review." JUSTIFICATION: In New York, tenure protections have existed for more than a century. Tenure affords due process and provides eligible employees with the right to know that charges have been brought against them. Tenure stat- utes and educator evaluations changed under APPR, which has since been eliminated for use in teacher and administrator evaluations. This bill conforms statute to these changes and realigns standards and procedures for educators, as appropriate. Tenure is a safeguard for teachers and administrators which assures quality public education is delivered. Due process protections provide educators with assurances to effectively teach without compromising their status. Since 2010, enrollment in teacher preparation programs have dropped by more than 45 percent and new teachers are leaving the profession at a high rate in the first five years. This measure is designed to restore confidence and improve standards for educators. LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect immediately.
2019-S5971 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5971
2019-2020 Regular Sessions
I N S E N A T E
May 16, 2019
___________
Introduced by Sen. MAYER -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to the appointment of
teachers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2509 of the education law, as added by chapter 762
of the laws of 1950, subdivision 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, subdivision 3 as amended by chapter 680
of the laws of 1983, subdivision 4 as amended by chapter 263 of the laws
of 2005, subdivisions 5, 6 and 7 as renumbered by chapter 717 of the
laws of 1970, and subdivision 7 as added by chapter 859 of the laws of
1955, is amended to read as follows:
§ 2509. Appointment of assistant and other superintendents, teachers
and other employees. 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 UP TO 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 UP TO 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] REDUCED PROPOR-
TIONATELY BASED UPON THE LENGTH OF THE SATISFACTORY SERVICE; 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11810-01-9 S. 5971 2 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 discon- tinued at any time during such probationary period, on the recommenda- tion 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 writ- ing not later than sixty days immediately preceding the expiration of [his] THE 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 years, except that in the case of a teacher who has rendered satisfactory service as a regular substitute for a period of UP TO two years and, if a classroom teacher, has received [composite] SATISFACTORY annual [professional performance review ratings] REVIEWS in each of those years, or has rendered satis- factory service as a seasonally licensed per session teacher of swimming in day schools who has served in that capacity for a period of UP TO two years and has been appointed to teach the same subject in day schools on an annual salary, the teacher shall be appointed [for] TO a probationary period [of two years] THAT IS REDUCED PROPORTIONATELY BASED UPON THE LENGTH OF THE SATISFACTORY SERVICE; provided, however, that in the case of a teacher who has been appointed on tenure in another school district within the state, the school district where currently employed, or a board of cooperative educational services, and who was not dismissed from such district or board as a result of charges brought pursuant to subdivision one of section three thousand twenty-a or section three thousand twenty-b of this chapter, the teacher shall be appointed for a probationary period of three years; provided that the teacher demon- strates that [he or she] THEY received [an] A SATISFACTORY annual [professional performance review rating pursuant to section three thou- sand twelve-c or section three thousand twelve-d of this chapter] REVIEW in [his or her] THEIR 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 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] THEIR 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 posi- tions 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. 5971 3 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 four 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.](A) 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 NINETEEN 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 UP TO TWO YEARS AND, IF A CLASSROOM TEACHER, HAS RECEIVED SATISFACTORY ANNUAL REVIEWS 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 UP TO TWO YEARS AND HAS BEEN APPOINTED TO TEACH THE SAME SUBJECT IN DAY SCHOOLS ON AN ANNUAL SALARY, SUCH TEACHER SHALL BE APPOINTED FOR A PROBATIONARY PERIOD THAT IS REDUCED PROPORTIONATELY BASED UPON THE LENGTH OF THE SATISFACTORY SERVICE; 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, SUCH TEACHER SHALL BE APPOINTED FOR A PROBATIONARY PERIOD OF TWO YEARS; PROVIDED THAT THE TEACHER DEMONSTRATES THAT THEY RECEIVED A SATISFACTORY ANNUAL REVIEW IN THEIR FINAL YEAR OF SERVICE IN SUCH OTHER SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES. THE SERVICE OF A PERSON APPOINTED TO ANY SUCH POSITIONS MAY BE DISCONTINUED AT ANY TIME DURING SUCH PROBA- TIONARY PERIOD, ON THE RECOMMENDATION OF THE SUPERINTENDENT OF SCHOOLS, BY A MAJORITY VOTE OF THE BOARD OF EDUCATION. EACH PERSON WHO IS NOT TO BE RECOMMENDED FOR APPOINTMENT ON TENURE SHALL BE SO NOTIFIED BY THE SUPERINTENDENT OF SCHOOLS IN WRITING NOT LATER THAN SIXTY DAYS IMME- DIATELY PRECEDING THE EXPIRATION OF THE PROBATIONARY PERIOD. (B) 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 NINETEEN 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. THE SERVICE OF A PERSON APPOINTED TO ANY SUCH POSITIONS MAY BE DISCON- TINUED AT ANY TIME DURING THE PROBATIONARY PERIOD ON THE RECOMMENDATION OF THE SUPERINTENDENT OF SCHOOLS, BY A MAJORITY VOTE OF THE BOARD OF EDUCATION. 3. (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 S. 5971 4 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.] (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 super- intendent of schools shall make a written report to the board of educa- tion recommending for appointment on tenure those persons who have been found competent, efficient and satisfactory and in the case of a class- room teacher or building principal, who have received SATISFACTORY annu- al [professional performance review ratings pursuant to section three thousand twelve-c or section three thousand twelve-d of this chapter, of either effective or highly effective] REVIEWS in at least three of the four 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 or principal shall not be eligible for tenure but the board of education in its discretion, may extend the teacher's probationary period for an additional year; provided, however, that if such teacher or principal successfully appealed such ineffective rating, such teacher or principal shall immediately be eligible for tenure if the rating resulting from the appeal established that such individual has been effective or highly effective in at least three of the preceding four years and was not ineffective in the final year]. By a majority vote, the board of education may then appoint on tenure any or all of the persons recommended by the superintendent of schools. [At the expiration of the probationary period, the classroom teacher or building principal shall remain in probationary status until the end of the school year in which such teacher or principal has received such ratings of effective or highly effective for at least three of the four 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 competent service, and shall not be removable except for cause after a S. 5971 5 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. [3.] 4. Associate superintendents and all other employees authorized by section twenty-five hundred three of this article, except as other- wise provided in subdivision one of this section, shall be appointed by the board of education, provided, however, that the board of education may enter into an employment contract with an associate, assistant, or other superintendent of schools for a period of from one to five years. [4.] 5. Clerks, draftsmen, inspectors, chemists, tabulating machine operators, secretaries, stenographers, copyists, statisticians, jani- tors, custodians, custodian-engineers, and all other administrative employees of a board of education, unless otherwise provided in this chapter, shall be appointed for a probationary period provided in the civil service law and regulations based thereon. The service of a person appointed to any of such positions may be discontinued by the board of education at any time during such probationary period. Such persons and all others employed in the administrative service of the board of educa- tion who have served the full probationary period shall hold their respective positions during good behavior and efficient and competent service, and shall not be removed except for cause after a hearing by the affirmative vote of a majority of the board. [5.] 6. No principal, supervisor, director, or teacher shall be appointed to the teaching force of such city school district who does not possess qualifications required under this chapter and under the regulations prescribed by the commissioner of education for the persons employed in such positions in the schools of the city school districts of the state, but a board of education may prescribe additional or high- er qualifications for the persons employed in any of such positions. [6.] 7. Rules and regulations shall be adopted governing excusing of absences and for the granting of leaves of absence either with or with- out pay for all members of the teaching and supervising staff and other employees. [7.] 8. 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. § 2. Paragraph (a) of subdivision 1, and subdivisions 3, 5, 6, para- graph (a) of subdivision 10, 11, 16 and 17 of section 2573 of the educa- tion law, paragraph (a) of subdivision 1, and subdivisions 5 and 6 as amended by section 3 of subpart D of part EE of chapter 56 of the laws of 2015, subdivision 3 as amended by chapter 27 of the laws of 2012, paragraph (a) of subdivision 10 and subdivision 11 as amended by chapter 650 of the laws of 1990, subdivision 16 as added by chapter 898 of the laws of 1960, and subdivision 17 as amended by chapter 210 of the laws of 2001, 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 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 UP TO two years or as a seasonally licensed per session teacher of swimming in day schools who has served in that S. 5971 6 capacity for a period of UP TO 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] REDUCED PROPORTIONATELY BASED UPON THE LENGTH OF THE SATISFACTORY SERVICE 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 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 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] THEIR 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 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 subdivi- sion 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 years, except that in the case of a teacher who has rendered satisfactory service as a regular substitute for a period of UP TO two years and, if a classroom teacher, has received SATISFACTORY annual [professional performance review ratings] REVIEWS 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 UP TO two years and has been appointed to teach the same subject in day schools on an annual salary, the teacher shall be appointed [for] TO a probationary period [of two years] THAT IS REDUCED PROPORTIONATELY BASED UPON THE LENGTH OF THE SATISFACTORY SERVICE; 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 S. 5971 7 subdivision one of section three thousand twenty-a or section three thousand twenty-b of this chapter, the teacher shall be appointed for a probationary period of three years; provided that, in the case of a classroom teacher, the teacher demonstrates that [he or she] THEY received [an annual professional performance] A SATISFACTORY ANNUAL review [rating pursuant to section three thousand twelve-c or section three thousand twelve-d of this chapter] in [his or her] THEIR final year of service in such other school district or board of cooperative educational services; provided, however, that in cities with a popu- lation of one million or more, a teacher appointed under a newly created license, for teachers of reading and of the emotionally handicapped, to a position which the teacher has held for at least two years prior to such appointment while serving on tenure in another license area who was not dismissed as a result of charges brought pursuant to subdivision one of section three thousand twenty-a or section three thousand twenty-b of this chapter, the teacher shall be appointed for a probationary period of two years. The service of a person appointed to any [of] such posi- tions 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 recom- mended for appointment on tenure shall be so notified by the superinten- dent of schools in writing not later than sixty days immediately preced- ing the expiration of [his or her] THEIR 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 regu- lations of the commissioner shall be cause for removal within the mean- ing of subdivision five of this section. 3. Associate superintendents, examiners and all other employees authorized by section twenty-five hundred fifty-four of this article, except as otherwise provided in subdivision one of this section, shall be appointed by the board of education except that in the city school districts of the cities of Buffalo, Rochester, and Syracuse, the associ- ate, assistant and district superintendents and all other supervising staff who are excluded from the right to bargain collectively pursuant to article fourteen of the civil service law shall be appointed, within amounts budgeted therefor, by the superintendent of such city school district. In a city having a population of one million or more, such appointments shall be made on nomination of the superintendent of schools. Notwithstanding any other provision in this chapter to the contrary, whenever an associate superintendent of schools in the employ of the board of education in a city having a population of one million or more fails of reappointment, said person shall be immediately appointed an assistant superintendent of schools with permanent appoint- ment as said term permanent appointment is defined in subdivisions four, five and six of this section. The salary of such assistant superinten- dent shall be less than the salary of an associate superintendent, but said differential in salary shall not exceed ten per centum of the annu- al salary of an associate superintendent of schools. When, however, an associate superintendent of schools who fails of reappointment has to [his] THEIR credit thirty or more years of city service including ten or more years of service as such associate superintendent of schools, he shall suffer no reduction of salary or of pension prospects while serv- ing as such assistant superintendent of schools. 5. (a) At the expiration of the probationary [term] PERIOD of any persons appointed for such [term] PERIOD prior to July first, two thou- sand fifteen, the superintendent of schools shall make a written report S. 5971 8 to the board of education recommending for permanent appointment those persons who have been found competent, efficient and satisfactory. 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 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. (b) At the expiration of the probationary [term] PERIOD of any persons appointed for such [term] PERIOD 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 [composite annual professional performance review ratings pursuant to section three thousand twelve-c or section three thousand twelve-d of this chapter, of either effective or highly effective] SATISFACTORY ANNUAL REVIEWS in at least three of the four preceding years, exclusive of any breaks in service[; provided that, notwithstand- ing 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 peri- od, such teacher or principal shall not be eligible for tenure but the board of education in its discretion, may extend the teacher's proba- tionary period for an additional year; provided, however, that if such teacher or principal successfully appealed such ineffective rating, such teacher or principal shall immediately be eligible for tenure if the rating resulting from the appeal established that such individual has been effective or highly effective in at least three of the preceding four years. At the expiration of the probationary period, the classroom teacher or building principal shall remain in probationary status until the end of the school year in which such teacher or principal has received such ratings of effective or highly effective for at least three of the four preceding school years, exclusive of any breaks in service and subject to the terms hereof, during which time a board of education shall consider whether to grant tenure for those classroom teachers or building principals who otherwise have been found competent, efficient and satisfactory. Provided, however, that the board of educa- tion may grant tenure contingent upon a classroom teacher's or building principal's receipt of a minimum rating in the final year of the proba- tionary period, pursuant to the requirements of this section, and if such contingency is not met after all appeals have been exhausted, the grant of tenure shall be void and unenforceable and the teacher's or principal's probationary period may be extended in accordance with this subdivision]. Such persons who have been recommended for tenure and all others employed in the teaching service of the schools of such school district who have served the full probationary period [as extended] 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 chap- ter. Failure to maintain certification as required by this chapter and the regulations of the commissioner 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 S. 5971 9 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, 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 satisfactory teaching 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. (b) At the expiration of the probationary [term] PERIOD of any persons appointed for such [term] PERIOD 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 [composite annual professional performance review ratings pursuant to section three thousand twelve-c or section three thousand twelve-d of this chapter, of either effective or highly effective] SATISFACTORY ANNUAL REVIEWS in at least three of the four preceding years, exclusive of any breaks in service[; provided that, notwithstand- ing any other provision of this section to the contrary, when a teacher receives an effective and/or highly effective rating in each year of his or her probationary service except he or she receives an ineffective rating in the final year of his or her probationary period, such teacher or principal shall not be eligible for tenure but the board of education in its discretion, may extend the teacher's probationary period for an additional year; provided, however, that if such teacher or principal successfully appealed such ineffective rating, such teacher or principal shall immediately be eligible for tenure if the rating resulting from the appeal established that such individual has been effective or highly effective in at least three of the preceding four years and was not ineffective in the final year. At the expiration of the probationary period, the classroom teacher or building principal shall remain in probationary status until the end of the school year in which such teacher or principal has received such ratings of effective or highly effective for at least three of the four preceding school years, exclu- sive of any breaks in service and subject to the terms hereof, during which time a board of education shall consider whether to grant tenure for those classroom teachers or building principals who otherwise have been found competent, efficient and satisfactory. Provided, however, that the board of education may grant tenure contingent upon a classroom teacher's or building principal's receipt of a minimum rating in the final year of the probationary period, pursuant to the requirements of this section, and if such contingency is not met after all appeals have been exhausted, the grant of tenure shall be void and unenforceable and the teacher's or principal's probationary period may be extended in accordance with this subdivision]. Such persons who have been recom- mended 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 S. 5971 10 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. (a) In a city having a population of one million or more, recommenda- tions for appointment to the teaching service shall be from the first three persons chosen by random selection from the qualifying eligible lists prepared by the chancellor. Competitive eligible lists in exist- ence at the time of enactment of this subdivision shall not be merged and any such lists shall be exhausted or have expired before nominations are made from a qualifying list of a subsequent date promulgated here- under. Qualifying eligible lists for supervisory positions shall be merged with any subsequently promulgated lists in the same license area so that there shall be one continuing non-expiring eligible list for each license area. No competitive eligible list shall remain in force for a longer period than four years, nor have a life of less than three years. No competitive eligible list now in force shall terminate any sooner than four years from the date on which it was promulgated. The board of education, on the recommendation of the chancellor shall desig- nate, subject to the other provisions of this chapter, the kind and grades of licenses which shall be required for service as principal, branch principal, director, supervisor or teacher of a special branch, head of department, assistant, school psychiatrist, school psychologist, school medical inspector, school social worker, school social casework- er, school secretary, industrial or trade helper in vocational schools, school librarian, laboratory assistant, or any other position of the teaching staff together with the academic and professional qualifica- tions required for each kind or grade of license. No person required to have a license under the provisions of this chapter in order to be employed in a position who does not have such license shall have any claim for salary, except that a person who has been assigned to teach in a subject or field not specifically covered in [his] THEIR license but on the same rank or level of service shall be entitled to [his] THEIR salary. 11. In a city [have] HAVING a population of one million or more, the board of education, subject to the approval of the commissioner of education, shall have power to authorize the superintendent of schools to assign any teacher employed to teach any subject or subjects other than any specific subject for which such teacher is licensed. No such assignment shall be made unless the superintendent of schools shall have certified that such teacher is competent to teach the assigned subject or subjects. The superintendent of schools with the approval of the board of education, shall have power to make rules and regulations in relation to ascertainment of competency of teachers to teach such assigned subject or subjects. The assignment of a teacher to teach any such assigned subject shall not operate to change the rank or level of such teacher from that which [he or she] THEY occupied prior to such assignment. 16. In the city school district of the city of New York, the board of education shall ascertain prior to August first, nineteen hundred sixty, and annually thereafter the number of appointments which will be required for the duration of not less than a term of the ensuing school year by reason of leaves of absence granted to members of the teaching staff serving on tenure. The board shall thereupon establish and make appointments to positions of replacement teachers in a number which, including any such teachers already serving as a result of earlier S. 5971 11 appointment, shall be at least equal, if possible, and, if not, as near- ly as possible, to two-thirds of the minimum number of such teachers expected to be absent on leave at any one time. Such positions shall constitute a pool from which the board shall assign teachers to replace the teachers who are absent on leave. Appointments to such positions of replacement teachers shall be made from the appropriate eligible lists for the positions for which such replacement teachers will be required as determined by the board. Such positions of replacement teachers shall be in all respects permanent positions in the school system and persons duly appointed by the board to such positions shall be entitled to the rights of tenure and retirement accruing to persons serving in other permanent teaching positions, except that no replacement teacher shall be entitled to the special limitation of the probationary period to one year provided for certain teachers by subdivision one of this section. Upon acceptance of appointment as replacement teacher, the name of each such appointee shall be placed on a preferred eligible list as a candi- date for appointment to any permanent teaching position for which he holds a valid license and such candidates shall be entitled to appoint- ment from such preferred eligible list in order of their placement on such list. At any time when the total number of positions of replacement teacher in such pool exceeds the total number of teachers who will be absent on leave for the ensuing term of school, the board may abolish positions in such pool which are in excess of the number of teachers to be absent on leave as aforesaid, or may use replacement teachers in such pool instead of substitute teachers to replace teachers who are absent for shorter periods than one term. Whenever a particular replacement teacher cannot be used to replace any teacher who is absent on leave for a full term, [he] THEY may similarly be used to replace teachers who are absent for shorter periods. Nothing herein contained shall be construed as preventing the appointment of regular substitute teachers to replace teachers absent on leave when no persons holding positions created pursuant to this subdivision are available for such replacement. 17. In the city school district of the city of Buffalo, the board of education shall, within sixty days of the effective date of this subdi- vision and annually prior to August first of each year thereafter, ascertain the number of appointments which will be required for the duration of not less than a term of the ensuing school year by reason of leaves of absence granted to members of the teaching staff serving on tenure. The board shall thereupon establish and make appointments to positions of replacement teachers in a number which, including any such teachers already serving as a result of earlier appointment, shall be equal, if possible, or as nearly as possible, to two-thirds of the mini- mum number of such teachers expected to be absent on leave at any one time. Such positions shall constitute a pool from which the board shall assign teachers to replace the teachers who are absent on leave. Such positions of replacement teachers shall be in all respects permanent positions in the school system and persons duly appointed by the board to such positions shall be entitled to the rights of tenure and retire- ment accruing to persons serving in other permanent teaching positions, except that no replacement teacher shall be entitled to the special limitation of the probationary period to one year provided for certain teachers by subdivision one of this section. Upon acceptance of appoint- ment as replacement teacher, the name of each such appointee shall be placed on a preferred eligible list as a candidate for appointment to any permanent teaching position for which [he or she holds] THEY HOLD a valid license and such candidates shall be entitled to appointment from S. 5971 12 such preferred eligible list in order of their placement on such list. At any time when the total number of positions of replacement teacher in such pool exceeds the total number of teachers who will be absent on leave for the ensuing term of school, the board may abolish positions in such pool which are in excess of the number of teachers to be absent on leave as aforesaid, or may use replacement teachers in such pool instead of substitute teachers to replace teachers who are absent for shorter periods than one term. Whenever a particular replacement teacher cannot be used to replace any teacher who is absent on leave for a full term, [he or she] THEY may similarly be used to replace teachers who are absent for shorter periods. Nothing herein contained shall be construed as preventing the appointment of regular substitute teachers to replace teachers absent on leave when no persons holding positions created pursuant to this subdivision are available for such replacement. § 3. 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, is amended to read as follows: § 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 UP TO 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 UP TO 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] REDUCED PROPORTIONATELY BASED UPON THE LENGTH OF THE SATISFACTORY SERVICE; provided, however, that in the case of a teacher who has been appointed on tenure in another school district within the state, the school district where currently employed, or a board of cooperative educational services, and who was not dismissed from such district or board as a result of charges brought pursuant to subdivision one of section three thousand twenty-a or section three thousand twenty-b of this article, the probationary period shall not exceed two years. The service of a person appointed to any [of] such positions may be discon- tinued at any time during such probationary period, on the recommenda- tion 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 four years, except that in the case of a teach- er who has rendered satisfactory service as a regular substitute for a period of two years and, if a classroom teacher, has received SATISFAC- TORY annual [professional performance review ratings] REVIEWS 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 UP TO two years and has been appointed to teach the same subject in day schools, on an annual salary, the S. 5971 13 teacher shall be appointed [for] TO a probationary period [of two years] REDUCED PROPORTIONATELY BASED UPON THE LENGTH OF THE SATISFACTORY SERVICE; provided, however, that in the case of a teacher who has been appointed on tenure in another school district within the state, the school district where currently employed, or a board of cooperative educational services, and who was not dismissed from such district or board as a result of charges brought pursuant to subdivision one of section three thousand twenty-a or section three thousand twenty-b of this article, the teacher shall be appointed for a probationary period of three years; provided that, in the case of a classroom teacher, the teacher demonstrates that [he or she] THEY received [an annual profes- sional performance] A SATISFACTORY review [rating pursuant to section three thousand twelve-c or section three thousand twelve-d of this chap- ter] in [his or her] THEIR 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 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 four 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 article shall continue to hold such position and be governed by the provisions of this section notwithstanding any contrary provision of law. 2. (a) 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 NINETEEN, 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 UP TO TWO YEARS AND, IF A CLASSROOM TEACHER, HAS RECEIVED SATISFACTORY ANNUAL REVIEWS IN EACH OF THOSE YEARS, OR HAS S. 5971 14 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 UP TO TWO YEARS AND HAS BEEN APPOINTED TO TEACH THE SAME SUBJECT IN DAY SCHOOLS, ON AN ANNUAL SALARY, SUCH TEACHER SHALL BE APPOINTED FOR A PROBATIONARY PERIOD REDUCED PROPORTIONATELY BASED UPON THE LENGTH OF THE SATISFACTORY SERVICE; PROVIDED, HOWEVER, THAT IN THE CASE OF A TEACHER WHO HAS BEEN APPOINTED ON TENURE IN ANOTHER SCHOOL DISTRICT WITHIN THE STATE, THE SCHOOL DISTRICT WHERE CURRENTLY EMPLOYED, OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND WHO WAS NOT DISMISSED FROM SUCH DISTRICT OR BOARD AS A RESULT OF CHARGES BROUGHT PURSUANT TO SUBDIVISION ONE OF SECTION THREE THOUSAND TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF THIS ARTICLE, SUCH TEACHER SHALL BE APPOINTED FOR A PROBATIONARY PERIOD OF TWO YEARS; PROVIDED THAT, IN THE CASE OF A CLASSROOM TEACHER, THE TEACHER DEMONSTRATES THAT THEY RECEIVED A SATISFACTORY REVIEW IN THEIR FINAL YEAR OF SERVICE IN SUCH OTHER SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES. THE SERVICE OF A PERSON APPOINTED TO ANY 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 EDUCA- TION OR THE TRUSTEES OF A COMMON SCHOOL DISTRICT. (B) 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 NINETEEN, 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 THREE YEARS. THE SERVICE OF A PERSON APPOINTED TO ANY 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. 3. (A) At the expiration of the probationary [term] PERIOD of a person appointed for such [term] PERIOD 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 satis- factory. 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 probationary 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 or section three thousand twenty-b of this article: (a) insub- ordination, immoral character or conduct unbecoming a teacher; (b) inef- ficiency, 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 imme- diately preceding the expiration of [his] THE probationary period. (b) At the expiration of the probationary [term] PERIOD of a person appointed for such [term] PERIOD 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 S. 5971 15 trustees of a common school district recommending for appointment on tenure those persons who have been found competent, efficient and satis- factory and, in the case of a classroom teacher or building principal, who have received [composite] SATISFACTORY annual [professional perform- ance review ratings pursuant to section three thousand twelve-c or section three thousand twelve-d of this article, of either effective or highly effective] REVIEWS in at least three of the four preceding years, exclusive of any breaks in service[; provided that, notwithstanding any other provision of this section to the contrary, when a teacher or prin- cipal 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 of the preceding four years and was not ineffective in the final year. At the expiration of the probationary period, the classroom teacher or building principal shall remain in probationary status until the end of the school year in which such teacher or principal has received such ratings of effective or highly effective for at least three of the four preceding school years, exclu- sive of any breaks in service, and subject to the terms hereof, during which time the trustees or board of education shall consider whether to grant tenure for those classroom teachers or building principals who otherwise have been found competent, efficient and satisfactory. Provided, however, that the trustees or board of education may grant tenure contingent upon a classroom teacher's or building principal's receipt of a minimum rating in the final year of the probationary peri- od, pursuant to the requirements of this section, and if such contingen- cy is not met after all appeals have been exhausted, the grant of tenure shall be void and unenforceable and the teacher's or principal's proba- tionary period may be extended in accordance with this subdivision]. Such 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. [3.] 4. 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. § 4. Section 3014 of the education law, as amended by section 5 of subpart D of part EE of chapter 56 of the laws of 2015, is amended to read as follows: § 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, S. 5971 16 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 or section three thousand twen- ty-b of this 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 superintendent, 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 four years; provided, however, that in the case of a teacher who has been appointed on tenure in a school district within the state, the board of cooperative educational services where currently employed, or another board of cooperative educational services, and who was not dismissed from such district or board as a result of charges brought pursuant to section three thousand twenty-a or section three thousand twenty-b of this article, the teacher shall be appointed for a proba- tionary period of three years; provided that, in the case of a classroom teacher, the teacher demonstrates that [he or she] THEY received a [composite] SATISFACTORY annual [professional performance] review [rating pursuant to section three thousand twelve-c or three thousand twelve-d of this chapter of either effective or highly effective] in [his or her] THEIR 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 super- intendent, by a majority vote of the board of cooperative educational services. (C) 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 NINETEEN, 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 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 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, SUCH TEACHER SHALL BE APPOINTED FOR A PROBATIONARY PERIOD OF TWO YEARS; PROVIDED THAT, IN THE CASE OF A CLASSROOM TEACHER, SUCH TEACHER DEMONSTRATES THAT THEY RECEIVED A SATISFACTORY ANNUAL REVIEW IN THEIR 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 PROBA- S. 5971 17 TIONARY 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] PERIOD of a person appointed for such [term] PERIOD prior to July first, two thousand fifteen, the district superintendent of schools shall make a written report to the board of cooperative educational services recom- mending for appointment on tenure persons who have been found competent, efficient and satisfactory. 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] THEIR probationary period. (b) On or before the expiration of the probationary [term] PERIOD of a person appointed for such [term] PERIOD 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 recom- mending for appointment on tenure persons who have been found competent, 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 section three thousand twelve-c or section three thousand twelve-d of this article, of either effective or highly effective in at least three of the four preceding years,] REVIEWS IN AT LEAST THREE OF THE FOUR 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 proba- tionary service except he or she receives an ineffective rating in the final year of his or her probationary period, such teacher shall not be eligible for tenure but the board of education in its discretion, may extend the teacher's probationary period for an additional year; provided, however that if such teacher or principal successfully appealed such ineffective rating, such teacher or principal shall imme- diately be eligible for tenure if the rating resulting from the appeal established that such individual has been effective or highly effective in at least three of the preceding four years and was not ineffective in the final year. At the expiration of the probationary period, the class- room teacher or building principal shall remain in probationary status until the end of the school year in which such teacher or principal has received such ratings of effective or highly effective for at least three of the four preceding school years, exclusive of any breaks in service, during which time a board of cooperative educational services shall consider whether to grant tenure for those classroom teachers or building principals who otherwise have been found competent, efficient and satisfactory. Provided, however, that the board of cooperative educational services may grant tenure contingent upon a classroom teach- er's or building principal's receipt of a minimum rating in the final year of the probationary period, pursuant to the requirements of this section, and if such contingency is not met after all appeals have been exhausted, the grant of tenure shall be void and unenforceable and the S. 5971 18 teacher's or principal's probationary period may be extended in accord- ance with this subdivision]. Such persons shall hold their respective positions during good behavior and competent and efficient service and shall not be removed except for any of the following causes, after a hearing, as provided by section three thousand twenty-a or section three thousand twenty-b of this article: (i) Insubordination, immoral charac- ter or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or 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] THE probationary period. § 5. This act shall take effect immediately.
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