S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8020
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 4, 2021
                                ___________
 
 Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
   Committee on Education
 
 AN ACT to amend the education law, in relation to the granting of tenure
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Paragraph  (b)  of  subdivision  2 of section 3012 of the
 education law, as amended by a chapter of the laws of 2021 amending  the
 education  law relating to the granting of tenure, as proposed in legis-
 lative bills numbers S.5576-C  and  A.6750-B,  is  amended  to  read  as
 follows:
   (b)  At  the expiration of the probationary term of a person appointed
 for such term on or after July first, two thousand fifteen,  subject  to
 the conditions of this section, the superintendent of schools shall make
 a  written  report to the board of education or the trustees of a common
 school district recommending for appointment on tenure those persons who
 have been found competent, efficient and satisfactory and, in  the  case
 of  a classroom teacher or building principal, who have received compos-
 ite annual professional performance review ratings pursuant  to  section
 three thousand twelve-c or section three thousand twelve-d of this arti-
 cle,  of  either  effective or highly effective in at least three of the
 four preceding years, exclusive of any breaks in service; provided  that
 in  the  case  of  a  classroom  teacher or building principal appointed
 during the two thousand seventeen--two thousand eighteen,  two  thousand
 eighteen--two  thousand  nineteen or two thousand nineteen--two thousand
 twenty school year, 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 one of the four preceding years, exclu-
 sive of any breaks in service, and did not receive an ineffective rating
 in the final year of his or her probationary period, or during the  most
 recent  school  year where a rating was received, AND WOULD HAVE BEEN IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09855-19-1

 A. 8020                             2
 
 THE SUPERINTENDENT OF SCHOOLS' DISCRETION QUALIFIED FOR  APPOINTMENT  ON
 TENURE  BASED  UPON  PERFORMANCE, NOTWITHSTANDING THAT HIS OR HER ANNUAL
 PROFESSIONAL PERFORMANCE REVIEW HAD NOT BEEN COMPLETED AND HE OR SHE HAD
 NOT RECEIVED AN ANNUAL PROFESSIONAL PERFORMANCE RATING FOR THE TWO THOU-
 SAND NINETEEN--TWO THOUSAND TWENTY AND TWO THOUSAND TWENTY--TWO THOUSAND
 TWENTY-ONE  SCHOOL  YEARS;  provided  that,  in  the case of a classroom
 teacher or building principal appointed during the two thousand  twenty-
 -two  thousand twenty-one school year who have received composite annual
 professional performance review ratings pursuant to section three  thou-
 sand  twelve-c  or  section  three  thousand twelve-d of this article of
 either effective or highly effective in at least two of the four preced-
 ing years, exclusive of any breaks in service, and did  not  receive  an
 ineffective  rating in the final year of his or her probationary period,
 or during the most recent school year where a rating was  received,  AND
 WOULD  HAVE  BEEN IN THE SUPERINTENDENT OF SCHOOLS' DISCRETION QUALIFIED
 FOR APPOINTMENT ON TENURE BASED UPON PERFORMANCE,  NOTWITHSTANDING  THAT
 HIS OR HER ANNUAL PROFESSIONAL PERFORMANCE REVIEW HAD NOT BEEN COMPLETED
 AND HE OR SHE HAD NOT RECEIVED AN ANNUAL PROFESSIONAL PERFORMANCE RATING
 FOR  THE  TWO  THOUSAND  TWENTY--TWO  THOUSAND  TWENTY-ONE  SCHOOL YEAR;
 provided further that,  notwithstanding  any  other  provision  of  this
 section  to the contrary, when a teacher or principal receives an effec-
 tive 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 eligi-
 ble 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 teach-
 er 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 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 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
 teacher's or principal's probationary period may be extended in  accord-
 ance  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 posi-
 tions during good behavior and  efficient  and  competent  service,  and
 shall  not  be removable except for cause after a hearing as provided by
 section three thousand twenty-a 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.

 A. 8020                             3
 
   §  2.  Subdivision 17 of section 3012-d of the education law, as added
 by a chapter of the laws of 2021 amending the education law relating  to
 the  granting  of  tenure,  as  proposed  in  legislative  bills numbers
 S.5576-C and A.6750-B, is amended to read as follows:
   17.  Notwithstanding  any other provision of this section, for the two
 thousand twenty--two thousand twenty-one school year, no school district
 or board of  cooperative  educational  services  shall  BE  REQUIRED  TO
 complete  an  annual  teacher  and principal evaluation required by this
 section for any classroom teacher or building principal and state  fund-
 ing  shall  not  be  withheld from any school district for not complying
 with the requirements of this section.
   § 3. Paragraph (b) of subdivision 2 of section 3014 of  the  education
 law,  as amended by a chapter of the laws of 2021 amending the education
 law relating to the granting of tenure, as proposed in legislative bills
 numbers S.5576-C and A.6750-B, is amended to read as follows:
   (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 of this article, of either effective or highly effec-
 tive in at least three of the four preceding  years,  exclusive  of  any
 breaks  in service; provided that, in the case of a classroom teacher or
 building principal appointed  during  the  two  thousand  seventeen--two
 thousand  eighteen,  two thousand eighteen--two thousand nineteen or two
 thousand nineteen--two thousand twenty school  year  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 one of
 the four preceding years, exclusive of any breaks in  service,  and  did
 not receive an ineffective rating in the final year of his or her proba-
 tionary  period  or  in  the  most recent school year where a rating was
 received, AND WOULD HAVE BEEN IN THE DISTRICT SUPERINTENDENT OF SCHOOLS'
 DISCRETION QUALIFIED FOR APPOINTMENT ON TENURE BASED  UPON  PERFORMANCE,
 NOTWITHSTANDING  THAT  HIS OR HER ANNUAL PROFESSIONAL PERFORMANCE REVIEW
 HAD NOT BEEN COMPLETED AND HE OR SHE HAD NOT RECEIVED AN ANNUAL  PROFES-
 SIONAL  PERFORMANCE  RATING  FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND
 TWENTY AND TWO THOUSAND TWENTY--TWO THOUSAND  TWENTY-ONE  SCHOOL  YEARS;
 provided  that, in the case of a classroom teacher or building principal
 appointed during the two thousand twenty--two thousand twenty-one school
 year 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  effec-
 tive  in  at  least  two  of  the four preceding years, exclusive of any
 breaks in service,  and did not receive an  ineffective  rating  in  the
 final  year of his or her probationary period, or during the most recent
 school year where a rating was received, AND  WOULD  HAVE  BEEN  IN  THE
 DISTRICT SUPERINTENDENT OF SCHOOLS' DISCRETION QUALIFIED FOR APPOINTMENT
 ON TENURE BASED UPON PERFORMANCE, NOTWITHSTANDING THAT HIS OR HER ANNUAL
 PROFESSIONAL PERFORMANCE REVIEW HAD NOT BEEN COMPLETED AND HE OR SHE HAD
 NOT RECEIVED AN ANNUAL PROFESSIONAL PERFORMANCE RATING FOR THE TWO THOU-
 SAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR; provided further that,
 notwithstanding  any  other  provision  of this section to the contrary,

 A. 8020                             4
 
 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  proba-
 tionary  period,  such  teacher 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 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, 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 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  shall
 hold  their  respective positions during good behavior and competent and
 efficient service and shall not be removed except for any of the follow-
 ing causes, after a hearing, as provided by section three thousand twen-
 ty-a or section three thousand twenty-b of this article: (i)  Insubordi-
 nation,   immoral  character  or  conduct  unbecoming  a  teacher;  (ii)
 Inefficiency, incompetency, or neglect of duty; (iii) Failure  to  main-
 tain certification as required by this chapter and by the regulations of
 the  commissioner.  Each  person  who  is  not  to be so recommended for
 appointment on tenure shall be so notified in writing  by  the  district
 superintendent not later than sixty days immediately preceding the expi-
 ration of his or her probationary period.
   §  4.  Paragraph (b) of subdivision 1 of section 3014 of the education
 law, as amended by a chapter of the laws of 2021 amending the  education
 law relating to the granting of tenure, as proposed in legislative bills
 numbers S.5576-C and A.6750-B, 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

 A. 8020                             5
 
 annual professional performance review rating pursuant to section  three
 thousand  twelve-c  or three thousand twelve-d of this 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;
 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 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.  Provided further, however, that  in
 the  case of a classroom teacher who has been appointed for a probation-
 ary period during  the  two  thousand  twenty--two  thousand  twenty-one
 school  year  and  who has been appointed on tenure in a school district
 within the state, state school for the blind or deaf, the board of coop-
 erative educational services where currently employed, or another  board
 of cooperative educational services, and who was not dismissed from such
 district,  board  or  state  school for the blind or deaf 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 three years; provided that, in the case of
 a classroom teacher, such 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 of this arti-
 cle OF EITHER EFFECTIVE OR HIGHLY EFFECTIVE in the two  thousand  seven-
 teen--two thousand eighteen or two thousand eighteen--two thousand nine-
 teen  school  year  in  such other school district, state school for the
 blind or deaf or board of cooperative educational services.  Services of
 a person so appointed to any such  positions  to  which  this  paragraph
 applies  may be discontinued at any time during the probationary period,
 upon the recommendation of the district superintendent,  by  a  majority
 vote of the board of cooperative educational services.
   §  5.  Paragraph  b  of subdivision 2 of section 2509 of the education
 law, as amended by a chapter of the laws of 2021 amending the  education
 law relating to the granting of tenure, as proposed in legislative bills
 numbers S.5576-C and A.6750-B, is amended to read as follows:
   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 of this chapter, of either effective  or  highly
 effective  in  at  least three of the four preceding years, exclusive of
 any breaks in service; provided that, in the case of a classroom teacher
 or building principal appointed during the two  thousand  seventeen--two
 thousand  eighteen, two thousand eighteen--two thousand nineteen or  two
 thousand nineteen--two thousand twenty school year,  who  have  received
 composite  annual  professional  performance  review ratings pursuant to
 section three thousand twelve-c or section three  thousand  twelve-d  of

 A. 8020                             6
 
 this chapter, of either effective or highly effective in at least one of
 the  four  preceding  years, exclusive of any breaks in service, and did
 not receive an ineffective rating in the final year of his or her proba-
 tionary period, or during the most recent school year where a rating was
 received,  AND  WOULD  HAVE  BEEN  IN  THE  SUPERINTENDENT  OF  SCHOOLS'
 DISCRETION QUALIFIED FOR APPOINTMENT ON TENURE BASED  UPON  PERFORMANCE,
 NOTWITHSTANDING  THAT  HIS OR HER ANNUAL PROFESSIONAL PERFORMANCE REVIEW
 HAD NOT BEEN COMPLETED AND HE OR SHE HAD NOT RECEIVED AN ANNUAL  PROFES-
 SIONAL  PERFORMANCE  RATING  FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND
 TWENTY AND TWO THOUSAND TWENTY--TWO THOUSAND  TWENTY-ONE  SCHOOL  YEARS;
 provided  that, in the case of a classroom teacher or building principal
 appointed during the two thousand twenty--two thousand twenty-one school
 year 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  effec-
 tive  in  at  least  two  of  the four preceding years, exclusive of any
 breaks in service,  and did not receive an  ineffective  rating  in  the
 final  year of his or her probationary period, or during the most recent
 school year where a rating was received, AND  WOULD  HAVE  BEEN  IN  THE
 SUPERINTENDENT  OF  SCHOOLS'  DISCRETION  QUALIFIED  FOR  APPOINTMENT ON
 TENURE BASED UPON PERFORMANCE, NOTWITHSTANDING THAT HIS  OR  HER  ANNUAL
 PROFESSIONAL PERFORMANCE REVIEW HAD NOT BEEN COMPLETED AND HE OR SHE HAD
 NOT RECEIVED AN ANNUAL PROFESSIONAL PERFORMANCE RATING FOR THE TWO THOU-
 SAND TWENTY--TWO THOUSAND TWENTY-ONE SCHOOL YEAR; provided further 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  proba-
 tionary  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 preced-
 ing 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

 A. 8020                             7
 
 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.
   §  6.  Paragraph (b) of subdivision 5 of section 2573 of the education
 law, as amended by a chapter of the laws of 2021 amending the  education
 law relating to the granting of tenure, as proposed in legislative bills
 numbers S.5576-C and A.6750-B, is amended to read as follows:
   (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 of this chap-
 ter, of either effective or highly effective in at least  three  of  the
 four preceding years, exclusive of any breaks in service; provided that,
 in  the  case  of  a  classroom  teacher or building principal appointed
 during the two thousand seventeen--two thousand eighteen,  two  thousand
 eighteen--two  thousand  nineteen or two thousand nineteen--two thousand
 twenty school year, 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 in at least one of the four preceding years, exclu-
 sive of any breaks in service, and did not receive an ineffective rating
 in the final year of his or her probationary period or during  the  most
 recent  school  year where a rating was received, AND WOULD HAVE BEEN IN
 THE SUPERINTENDENT OF SCHOOLS' DISCRETION QUALIFIED FOR  APPOINTMENT  ON
 TENURE  BASED  UPON  PERFORMANCE, NOTWITHSTANDING THAT HIS OR HER ANNUAL
 PROFESSIONAL PERFORMANCE REVIEW HAD NOT BEEN COMPLETED AND HE OR SHE HAD
 NOT RECEIVED AN ANNUAL PROFESSIONAL PERFORMANCE RATING FOR THE TWO THOU-
 SAND NINETEEN--TWO THOUSAND TWENTY AND TWO THOUSAND TWENTY--TWO THOUSAND
 TWENTY-ONE SCHOOL YEARS; provided that, in the  case  of    a  classroom
 teacher  or building principal appointed during the two thousand twenty-
 -two thousand twenty-one school year who have received composite  annual
 professional  performance review ratings pursuant to section three thou-
 sand twelve-c or section three thousand  twelve-d  of  this  chapter  of
 either effective or highly effective in at least two of the four preced-
 ing  years,  exclusive  of any breaks in service, and did not receive an
 ineffective rating in the final year of his or her  probationary  period
 or  during  the most recent school year where a rating was received, AND
 WOULD HAVE BEEN IN THE SUPERINTENDENT OF SCHOOLS'  DISCRETION  QUALIFIED
 FOR  APPOINTMENT  ON TENURE BASED UPON PERFORMANCE, NOTWITHSTANDING THAT
 HIS OR HER ANNUAL PROFESSIONAL PERFORMANCE REVIEW HAD NOT BEEN COMPLETED
 AND HE OR SHE HAD NOT RECEIVED AN ANNUAL PROFESSIONAL PERFORMANCE RATING
 FOR THE  TWO  THOUSAND  TWENTY--TWO  THOUSAND  TWENTY-ONE  SCHOOL  YEAR;
 provided  further  that,  notwithstanding  any  other  provision of this
 section to the contrary, when a teacher or principal receives an  effec-
 tive  and/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 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 addi-

 A. 8020                             8
 
 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. At the expira-
 tion of the probationary period, the classroom teacher or building prin-
 cipal 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 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.
   §  7.  Paragraph (b) of subdivision 6 of section 2573 of the education
 law, as amended by a chapter of the laws of 2021 amending the  education
 law relating to the granting of tenure, as proposed in legislative bills
 numbers S.5576-C and A.6750-B, is amended to read as follows:
   (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 of this chap-
 ter, of either effective or highly effective in at least  three  of  the
 four preceding years, exclusive of any breaks in service; provided that,
 in  the  case  of  a  classroom  teacher or building principal appointed
 during the two thousand seventeen--two thousand eighteen,  two  thousand
 eighteen--two  thousand  nineteen or two thousand nineteen--two thousand
 twenty school year, 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 in at least one of the four preceding years, exclu-
 sive of any breaks in service, and did not receive an ineffective rating
 in the final year of his or her probationary period or during  the  most
 recent  school  year where a rating was received, AND WOULD HAVE BEEN IN
 THE SUPERINTENDENT OF SCHOOLS' DISCRETION QUALIFIED FOR  APPOINTMENT  ON
 TENURE  BASED  UPON  PERFORMANCE, NOTWITHSTANDING THAT HIS OR HER ANNUAL
 PROFESSIONAL PERFORMANCE REVIEW HAD NOT BEEN COMPLETED AND HE OR SHE HAD

 A. 8020                             9
 
 NOT RECEIVED AN ANNUAL PROFESSIONAL PERFORMANCE RATING FOR THE TWO THOU-
 SAND NINETEEN--TWO THOUSAND TWENTY AND TWO THOUSAND TWENTY--TWO THOUSAND
 TWENTY-ONE SCHOOL YEARS; provided that, in the  case  of    a  classroom
 teacher  or building principal appointed during the two thousand twenty-
 -two thousand twenty-one school year who have received composite  annual
 professional  performance review ratings pursuant to section three thou-
 sand twelve-c or section three thousand  twelve-d  of  this  chapter  of
 either effective or highly effective in at least two of the four preced-
 ing  years,  exclusive  of any breaks in service, and did not receive an
 ineffective rating in the final year of his or her  probationary  period
 or  during  the most recent school year where a rating was received, AND
 WOULD HAVE BEEN IN THE SUPERINTENDENT OF SCHOOLS'  DISCRETION  QUALIFIED
 FOR  APPOINTMENT  ON TENURE BASED UPON PERFORMANCE, NOTWITHSTANDING THAT
 HIS OR HER ANNUAL PROFESSIONAL PERFORMANCE REVIEW HAD NOT BEEN COMPLETED
 AND HE OR SHE HAD NOT RECEIVED AN ANNUAL PROFESSIONAL PERFORMANCE RATING
 FOR THE  TWO  THOUSAND  TWENTY--TWO  THOUSAND  TWENTY-ONE  SCHOOL  YEAR;
 provided  further  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  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 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  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 pursu-
 ant 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.
   §  8.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws  of  2021  amending  the  education  law
 relating  to  the  granting  of tenure, as proposed in legislative bills
 numbers S.5576-C and A.6750-B, takes effect.