S T A T E   O F   N E W   Y O R K
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                                  4007--A
     Cal. No. 222
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 25, 2019
                                ___________
 
 Introduced  by  Sen.  MAYER  -- read twice and ordered printed, and when
   printed to be committed to the  Committee  on  Education  --  reported
   favorably  from  said  committee,  ordered to first and second report,
   ordered to a third reading, amended and ordered  reprinted,  retaining
   its place in the order of third reading

 AN ACT to amend the education law, in relation to the probationary peri-
   od for certain tenured employees in school districts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph ii  of  paragraph  (b)  of  subdivision  1  of
 section  2509 of the education law, as amended by section 1 of subpart D
 of part EE of chapter 56 of the laws of 2015,  is  amended  to  read  as
 follows:
   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; PROVIDED, HOWEVER, THAT IN THE CASE OF A PRINCIPAL, ADMINIS-
 TRATOR, SUPERVISOR, OR OTHER MEMBER OF THE  SUPERVISING  STAFF  WHO  HAS
 BEEN  APPOINTED  ON  TENURE PURSUANT TO THIS CHAPTER AS AN ADMINISTRATOR
 WITHIN AN  AUTHORIZED  ADMINISTRATIVE  TENURE  AREA  IN  ANOTHER  SCHOOL
 DISTRICT WITHIN THE STATE, THE SCHOOL DISTRICT WHERE CURRENTLY EMPLOYED,
 OR  A  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES,  AND  WHO  WAS NOT
 DISMISSED FROM SUCH DISTRICT OR BOARD AS A  RESULT  OF  CHARGES  BROUGHT
 PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION  THREE  THOUSAND TWENTY-A OR
 SECTION THREE THOUSAND TWENTY-B OF THIS CHAPTER, THE PRINCIPAL, ADMINIS-
 TRATOR, SUPERVISOR OR OTHER MEMBER OF THE  SUPERVISING  STAFF  SHALL  BE
 APPOINTED  FOR  A  PROBATIONARY PERIOD OF THREE YEARS.  The service of a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD10116-02-9

 S. 4007--A                          2
 
 person appointed to any of such positions may  be  discontinued  at  any
 time  during the probationary period on the recommendation of the super-
 intendent of schools, by a majority vote of the board of education.
   § 2. Subparagraph ii of paragraph (b) of subdivision 1 of section 2573
 of the education law, as amended by section 3 of subpart D of part EE of
 chapter 56 of the laws of 2015, is amended to read as follows:
   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 years provided that such probationary period  may  be  extended  in
 accordance  with  paragraph  (b)  of  subdivision  five of this section;
 PROVIDED, HOWEVER, THAT IN  THE  CASE  OF  A  PRINCIPAL,  ADMINISTRATOR,
 SUPERVISOR,  OR  OTHER  MEMBER  OF  THE  SUPERVISING  STAFF WHO HAS BEEN
 APPOINTED ON TENURE PURSUANT TO THIS CHAPTER AS AN ADMINISTRATOR  WITHIN
 AN  AUTHORIZED  ADMINISTRATIVE  TENURE  AREA  IN ANOTHER SCHOOL DISTRICT
 WITHIN THE STATE, THE SCHOOL DISTRICT WHERE  CURRENTLY  EMPLOYED,  OR  A
 BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES, AND WHO WAS NOT DISMISSED
 FROM SUCH DISTRICT OR BOARD AS A RESULT OF CHARGES BROUGHT  PURSUANT  TO
 SUBDIVISION  ONE  OF  SECTION  THREE  THOUSAND TWENTY-A OR SECTION THREE
 THOUSAND TWENTY-B OF THIS CHAPTER, THE PRINCIPAL, ADMINISTRATOR,  SUPER-
 VISOR  OR OTHER MEMBER OF THE SUPERVISING STAFF SHALL BE APPOINTED FOR A
 PROBATIONARY PERIOD OF THREE YEARS.  The service of a  person  appointed
 to  any  of  such  positions  may be discontinued at any time during the
 probationary period on  the  recommendation  of  the  superintendent  of
 schools, by a majority vote of the board of education.
   § 3. Subparagraph ii of paragraph (b) of subdivision 1 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, is amended to read as follows:
   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; PROVIDED, HOWEVER, THAT IN THE CASE OF A  PRINCIPAL,  ADMINISTRA-
 TOR,  SUPERVISOR,  OR OTHER MEMBER OF THE SUPERVISING STAFF WHO HAS BEEN
 APPOINTED ON TENURE PURSUANT TO THIS CHAPTER AS AN ADMINISTRATOR  WITHIN
 AN  AUTHORIZED  ADMINISTRATIVE  TENURE  AREA  IN ANOTHER SCHOOL DISTRICT
 WITHIN THE STATE, THE SCHOOL DISTRICT WHERE  CURRENTLY  EMPLOYED,  OR  A
 BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES, AND WHO WAS NOT DISMISSED
 FROM SUCH DISTRICT OR BOARD AS A RESULT OF CHARGES BROUGHT  PURSUANT  TO
 SUBDIVISION  ONE  OF  SECTION  THREE  THOUSAND TWENTY-A OR SECTION THREE
 THOUSAND TWENTY-B OF THIS ARTICLE, THE PRINCIPAL, ADMINISTRATOR,  SUPER-
 VISOR  OR OTHER MEMBER OF THE SUPERVISING STAFF SHALL BE APPOINTED FOR A
 PROBATIONARY PERIOD OF THREE YEARS.  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.

 S. 4007--A                          3
 
   §  4.  Paragraph (b) of subdivision 1 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, is amended to read as follows:
   (b)  Administrative  assistants,  supervisors,  teachers and all other
 members of the teaching and supervising staff of the  board  of  cooper-
 ative  educational  services appointed on or after July first, two thou-
 sand fifteen, shall be appointed by a majority  vote  of  the  board  of
 cooperative educational services upon the recommendation of the district
 superintendent  of  schools  for  a probationary period of not to exceed
 four years; provided, however, that in the case of  a  teacher  who  has
 been  appointed  on  tenure  in  a school district within the state, the
 board of cooperative educational services where currently  employed,  or
 another  board  of  cooperative  educational  services,  and who was not
 dismissed from such district or board as a  result  of  charges  brought
 pursuant  to  section  three thousand twenty-a or section three thousand
 twenty-b of this article, the teacher shall be appointed  for  a  proba-
 tionary period of three years; provided that, in the case of a classroom
 teacher,  the  teacher  demonstrates that he or she received a composite
 annual professional performance review rating pursuant to section  three
 thousand  twelve-c  or three thousand twelve-d of this [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 educa-
 tional services; AND PROVIDED FURTHER THAT IN THE CASE OF  A  PRINCIPAL,
 ADMINISTRATOR,  SUPERVISOR, OR OTHER MEMBER OF THE SUPERVISING STAFF WHO
 HAS BEEN APPOINTED ON TENURE PURSUANT TO THIS CHAPTER AS AN  ADMINISTRA-
 TOR  WITHIN  AN  AUTHORIZED ADMINISTRATIVE TENURE AREA IN ANOTHER SCHOOL
 DISTRICT WITHIN THE STATE, THE SCHOOL DISTRICT WHERE CURRENTLY EMPLOYED,
 OR A  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES,  AND  WHO  WAS  NOT
 DISMISSED  FROM  SUCH  DISTRICT  OR BOARD AS A RESULT OF CHARGES BROUGHT
 PURSUANT TO SUBDIVISION  ONE  OF  SECTION  THREE  THOUSAND  TWENTY-A  OR
 SECTION THREE THOUSAND TWENTY-B OF THIS ARTICLE, THE PRINCIPAL, ADMINIS-
 TRATOR,  SUPERVISOR,  OR  OTHER MEMBER OF THE SUPERVISING STAFF SHALL BE
 APPOINTED FOR A PROBATIONARY PERIOD OF  THREE  YEARS.    Services  of  a
 person  so  appointed  to  any  such  positions  TO WHICH THIS PARAGRAPH
 APPLIES may be discontinued at any time during [such]  THE  probationary
 period,  upon  the  recommendation  of the district superintendent, by a
 majority vote of the board of cooperative educational services.
   § 5. This act shall take effect June 1, 2020 and shall apply  only  to
 individuals beginning their probationary periods on or after such date.