Assembly Bill A9600

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9600
 
                           I N  A S S E M B L Y
 
                              March 24, 2022
                                ___________
 
 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  annual  professional
   performance reviews and tenure
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph ii  of  paragraph  (a)  of  subdivision  1  of
 section 3012 of the education law, as amended by chapter 112 of the laws
 of 2021, is amended to read as follows:
   ii.  Teachers  and  all  other members of the teaching staff of school
 districts, including common school  districts  and/or  school  districts
 employing  fewer  than eight teachers, other than city school districts,
 who are appointed on or after July first, two thousand fifteen, shall be
 appointed by the board of education, or the trustees  of  common  school
 districts, upon the recommendation of the superintendent of schools, for
 a probationary period of four 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  annual
 professional  performance  review ratings in each of those years, or has
 rendered satisfactory service  as  a  seasonally  licensed  per  session
 teacher of swimming in day schools who has served in that capacity for a
 period  of two years and has been appointed to teach the same subject in
 day schools, on an annual salary, the teacher shall be appointed  for  a
 probationary period of two years; provided, however, that in the case of
 a  teacher  who  has been appointed on tenure in another school district
 within the state, the school district where  currently  employed,  or  a
 board  of  cooperative  educational  services, and who was not dismissed
 from such district or board as a result of charges brought  pursuant  to
 subdivision  one  of  section  three  thousand twenty-a or section three
 thousand twenty-b of this 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  received  an
 annual  professional performance review rating pursuant to section three
 thousand twelve-c or section three thousand twelve-d of this chapter  in
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14633-04-2
 A. 9600                             2
 
 his  or her final year of service in such other school district or board
 of cooperative educational services. Provided further, however, that  in
 the  case  of a teacher who has been appointed for a probationary period
 during  the  two thousand twenty--two thousand twenty-one, THE TWO THOU-
 SAND TWENTY ONE--TWO THOUSAND TWENTY-TWO OR THE TWO THOUSAND TWENTY-TWO-
 -TWO THOUSAND TWENTY-THREE school year and who  has  been  appointed  on
 tenure  in another school district within the state, the school district
 where currently employed, board of cooperative educational  services  or
 state  school  for the blind or deaf 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 subdivision one of section three thousand
 twenty-a or section three thousand twenty-b of this article, such teach-
 er 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 article in the  two  thousand  seventeen--two  thousand
 eighteen  or two thousand eighteen--two thousand nineteen school year in
 such other school district, board of cooperative educational services or
 state school for the blind or deaf. The service of a person appointed to
 any of 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 or the trustees of a common
 school district.
   §  2.  Paragraph (b) of subdivision 2 of section 3012 of the education
 law, as amended by chapter 147 of the laws of 2021, 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] OR 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 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  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 nine-
 teen--two thousand twenty [and], two thousand twenty--two thousand twen-
 ty-one OR THE TWO THOUSAND TWENTY-ONE--TWO  THOUSAND  TWENTY-TWO  school
 [years]  YEAR;  provided  that,  IN  THE  CASE OF A CLASSROOM TEACHER OR
 A. 9600                             3
 
 BUILDING PRINCIPAL APPOINTED DURING THE TWO THOUSAND EIGHTEEN--TWO THOU-
 SAND NINETEEN OR TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR,
 WHO HAS NOT RECEIVED COMPOSITE ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEW
 RATINGS  PURSUANT  TO  SECTION  THREE THOUSAND TWELVE-C OR SECTION THREE
 THOUSAND TWELVE-D OF  THIS  ARTICLE  FOR  THREE  CONSECUTIVE  YEARS,  NO
 RATINGS SHALL BE REQUIRED FOR THE SUPERINTENDENT OF SCHOOLS TO RECOMMEND
 FOR  APPOINTMENT  ON  TENURE  SUCH  TEACHER OR BUILDING PRINCIPAL IF THE
 TEACHER OR PRINCIPAL 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 REVIEW RATING  FOR  THE  TWO  THOUSAND  NINETEEN--TWO
 THOUSAND  TWENTY,  TWO  THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND TWO
 THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEARS; PROVIDED THAT
 in the case of a  classroom  teacher  or  building  principal  appointed
 during  the  two thousand [twenty] TWENTY-ONE--two thousand [twenty-one]
 TWENTY-TWO 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 two 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 twenty--two thousand twenty-one  OR  TWO  THOUSAND  TWENTY-ONE--TWO
 THOUSAND  TWENTY-TWO 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 ineffec-
 tive rating in the final year of his or her  probationary  period,  such
 teacher  shall not be eligible for tenure but the board of education, in
 its discretion, may extend the  teacher's  probationary  period  for  an
 additional  year;  provided,  however, that if such teacher or principal
 successfully appealed such ineffective rating, such teacher or principal
 shall immediately be eligible for tenure if the  rating  resulting  from
 the appeal established that such individual has been effective or highly
 effective  in  at  least  three  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
 A. 9600                             4
 
 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 subdi-
 vision  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. Subdivision 17 of section 3012-d of the education law, as amended
 by chapter 147 of the laws of 2021, 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] AND THE TWO THOU-
 SAND   TWENTY-ONE--TWO  THOUSAND  TWENTY-TWO  SCHOOL  YEARS,  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.
   § 4. Paragraph (b) of subdivision 1 of section 3014 of  the  education
 law,  as  amended by chapter 147 of the laws of 2021, 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 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, THE
 TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO  OR  THE  TWO  THOUSAND
 TWENTY-TWO--TWO  THOUSAND  TWENTY-THREE  school  year  and  who has been
 A. 9600                             5
 
 appointed on tenure in a school district within the state, state  school
 for  the  blind  or  deaf, the board of cooperative 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 article of either effective or
 highly effective in the two thousand seventeen--two thousand eighteen or
 two thousand eighteen--two thousand nineteen school year in  such  other
 school  district, state school for the blind or deaf or board of cooper-
 ative 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 3014 of  the  education
 law,  as  amended by chapter 147 of the laws of 2021, 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]  OR  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 one 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 in the most recent school year where a rating was received, and would
 have been in the district superintendent of schools'  discretion  quali-
 fied  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 perform-
 ance  rating  for  the two thousand nineteen--two thousand twenty [and],
 two thousand twenty--two thousand twenty-one OR THE TWO  THOUSAND  TWEN-
 TY-ONE--TWO  THOUSAND  TWENTY-TWO school [years] YEAR; provided that, IN
 THE CASE OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL  APPOINTED  DURING
 THE  TWO  THOUSAND EIGHTEEN--TWO THOUSAND NINETEEN OR TWO THOUSAND NINE-
 TEEN--TWO THOUSAND TWENTY SCHOOL YEAR, WHO HAS  NOT  RECEIVED  COMPOSITE
 ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS PURSUANT TO SECTION THREE
 THOUSAND TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS ARTICLE FOR
 THREE  CONSECUTIVE  YEARS, NO RATINGS SHALL BE REQUIRED FOR THE DISTRICT
 A. 9600                             6
 
 SUPERINTENDENT OF SCHOOLS TO RECOMMEND FOR APPOINTMENT  ON  TENURE  SUCH
 TEACHER  OR  BUILDING  PRINCIPAL  IF THE TEACHER OR PRINCIPAL 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 REVIEW
 RATING FOR THE TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY, TWO  THOUSAND
 TWENTY--TWO  THOUSAND  TWENTY-ONE AND TWO THOUSAND TWENTY-ONE--TWO THOU-
 SAND TWENTY-TWO SCHOOL YEARS; PROVIDED THAT in the case of  a  classroom
 teacher or building principal appointed during the two thousand [twenty]
 TWENTY-ONE--two  thousand  [twenty-one]  TWENTY-TWO school year who have
 received composite annual professional performance review ratings pursu-
 ant to  section  three  thousand  twelve-c  or  section  three  thousand
 twelve-d  of  this article of either effective or highly effective 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 super-
 intendent of schools' discretion qualified  for  appointment  on  tenure
 based  upon  performance, notwithstanding that his or her annual profes-
 sional 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 OR TWO THOUSAND TWENTY-ONE--TWO THOUSAND
 TWENTY-TWO 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 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
 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
 A. 9600                             7
 
 neglect  of duty; (iii) Failure to maintain certification as required by
 this chapter and by the regulations of the commissioner. Each person who
 is not to be so recommended for appointment on tenure shall be so  noti-
 fied in writing by the district superintendent not later than sixty days
 immediately preceding the expiration of his or her probationary period.
   § 6. Subparagraph ii of paragraph (a) of subdivision 1 of section 2509
 of  the education law, as amended by chapter 112 of the laws of 2021, is
 amended to read as follows:
   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 two years and, if a  classroom  teacher,  has
 received  composite  annual  professional  performance review ratings in
 each  of  those  years,  or  has  rendered  satisfactory  service  as  a
 seasonally  licensed  per session teacher of swimming in day schools who
 has served in that capacity for a period  of  two  years  and  has  been
 appointed  to teach the same subject in day schools on an annual salary,
 the teacher shall be appointed for a probationary period of  two  years;
 provided,  however, that in the case of a teacher who has been appointed
 on tenure in another  school  district  within  the  state,  the  school
 district where currently employed, or a board of cooperative educational
 services,  and  who  was  not dismissed from such district or board as a
 result of charges brought pursuant to subdivision one of  section  three
 thousand  twenty-a  or  section three thousand twenty-b of this chapter,
 the teacher shall be appointed for a probationary period of three years;
 provided that the teacher demonstrates that he or she received an annual
 professional performance review rating pursuant to section  three  thou-
 sand  twelve-c or section three thousand twelve-d of this chapter in his
 or her final year of service in such other school district or  board  of
 cooperative educational services. Provided further, however, that in the
 case  of  a  teacher  who  has  been appointed for a probationary period
 during the two thousand twenty--two thousand twenty-one, THE  TWO  THOU-
 SAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO OR THE TWO THOUSAND TWENTY-TWO-
 -TWO  THOUSAND  TWENTY-THREE  school  year and who has been appointed on
 tenure in another school district within the state, the school  district
 where  currently  employed, board of cooperative educational services or
 state school for the blind or deaf 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 subdivision one of  section  three  thousand
 twenty-a or section three thousand twenty-b of this chapter, such teach-
 er 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  chapter  in the two thousand seventeen--two thousand
 eighteen or two thousand eighteen--two thousand nineteen school year  in
 such other school district, board of cooperative educational services or
 state school for the blind or deaf. The service of a person appointed to
 any of 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
 A. 9600                             8
 
 superintendent of schools in writing not later  than  sixty  days  imme-
 diately preceding the expiration of his/her probationary period.
   §  7.  Paragraph  b  of subdivision 2 of section 2509 of the education
 law, as amended by chapter 147 of the laws of 2021, 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] OR 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 one 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 nineteen--two thousand twenty [and], two thousand
 twenty--two thousand twenty-one  OR  THE  TWO  THOUSAND  TWENTY-ONE--TWO
 THOUSAND TWENTY-TWO school [years] YEAR; provided that, IN THE CASE OF A
 CLASSROOM  TEACHER  OR BUILDING PRINCIPAL APPOINTED DURING THE TWO THOU-
 SAND EIGHTEEN--TWO THOUSAND NINETEEN OR TWO THOUSAND NINETEEN--TWO THOU-
 SAND TWENTY SCHOOL YEAR, WHO HAS NOT RECEIVED COMPOSITE  ANNUAL  PROFES-
 SIONAL  PERFORMANCE  REVIEW  RATINGS  PURSUANT TO SECTION THREE THOUSAND
 TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS CHAPTER,  FOR  THREE
 CONSECUTIVE  YEARS,  NO RATINGS SHALL BE REQUIRED FOR THE SUPERINTENDENT
 OF SCHOOLS TO RECOMMEND FOR APPOINTMENT ON TENURE SUCH TEACHER OR BUILD-
 ING PRINCIPAL IF THE TEACHER OR PRINCIPAL WOULD HAVE BEEN, IN THE SUPER-
 INTENDENT OF SCHOOLS' DISCRETION, QUALIFIED FOR  APPOINTMENT  ON  TENURE
 BASED  UPON  PERFORMANCE, NOTWITHSTANDING THAT HIS OR HER ANNUAL PROFES-
 SIONAL PERFORMANCE REVIEW HAD NOT BEEN COMPLETED AND HE OR SHE  HAD  NOT
 RECEIVED  AN  ANNUAL  PROFESSIONAL PERFORMANCE REVIEW RATING FOR THE TWO
 THOUSAND NINETEEN--TWO THOUSAND TWENTY, TWO THOUSAND  TWENTY--TWO  THOU-
 SAND  TWENTY-ONE  AND  TWO  THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO
 SCHOOL YEARS; PROVIDED THAT in the case of a classroom teacher or build-
 ing principal appointed during the two thousand [twenty] TWENTY-ONE--two
 thousand [twenty-one] TWENTY-TWO 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 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
 A. 9600                             9
 
 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 OR TWO THOUSAND
 TWENTY-ONE--TWO THOUSAND TWENTY-TWO 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
 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.
   § 8. Subparagraph ii of paragraph (a) of subdivision 1 of section 2573
 of the education law, as amended by chapter 112 of the laws of 2021,  is
 amended to read as follows:
   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 two years and, if a  classroom  teacher,  has
 received annual professional performance review ratings in each of those
 years, or has rendered satisfactory service as a seasonally licensed per
 A. 9600                            10
 
 session teacher of swimming in day schools who has served in that capac-
 ity  for  a period of two years and has been appointed to teach the same
 subject in day schools  on  an  annual  salary,  the  teacher  shall  be
 appointed  for  a  probationary  period of two years; provided, however,
 that in the case of a teacher who has been appointed on tenure in anoth-
 er school district within the state, the school district where currently
 employed, or a board of cooperative educational services,  and  who  was
 not dismissed from such district or board as a result of charges brought
 pursuant  to  subdivision  one  of  section  three  thousand twenty-a or
 section three thousand twenty-b of this chapter, the  teacher  shall  be
 appointed  for  a  probationary period of three years; provided that, in
 the case of a classroom teacher, the teacher demonstrates that he or she
 received an annual professional performance review  rating  pursuant  to
 section  three  thousand  twelve-c or section three thousand twelve-d of
 this chapter in his or her final year of service in  such  other  school
 district  or board of cooperative educational services; provided, howev-
 er, that, in the case of a classroom teacher who has been appointed  for
 a probationary period during the two thousand twenty--two thousand twen-
 ty-one,  THE TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO OR THE TWO
 THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE school year and  who  has
 been  appointed  on  tenure in another school district within the state,
 the school district  where  currently  employed,  board  of  cooperative
 educational  services or state school for the blind or deaf, 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 chapter, such teach-
 er 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  chapter  in the two thousand seventeen--two thousand
 eighteen or two thousand eighteen--two thousand nineteen school year  in
 such other school district, board of cooperative educational services or
 state  school  for the blind or deaf; provided further, however, that in
 cities with a population of one million or  more,  a  teacher  appointed
 under  a  newly  created  license,  for  teachers  of reading and of the
 emotionally handicapped, to a position which the teacher has held for at
 least two years prior to such appointment while  serving  on  tenure  in
 another  license  area  who  was  not  dismissed  as a result of charges
 brought pursuant to subdivision one of section three  thousand  twenty-a
 or section three thousand twenty-b of this chapter, the teacher shall be
 appointed  for  a  probationary  period  of  two years. The service of a
 person appointed to any of such positions may  be  discontinued  at  any
 time  during  such  probationary  period,  on  the recommendation of the
 superintendent of schools, by a majority vote of the board of education.
 Each person who is not to be recommended for appointment on tenure shall
 be so notified by the superintendent of schools  in  writing  not  later
 than  sixty  days  immediately  preceding  the  expiration of his or her
 probationary period.  In  all  city  school  districts  subject  to  the
 provisions  of  this  article,  failure  to  maintain  certification  as
 required by this article and by  the  regulations  of  the  commissioner
 shall  be  cause  for  removal within the meaning of subdivision five of
 this section.
   § 9. Paragraph (b) of subdivision 5 of section 2573 of  the  education
 law,  as  amended by chapter 147 of the laws of 2021, is amended to read
 as follows:
 A. 9600                            11
 
   (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] OR 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 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  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 nine-
 teen--two thousand twenty [and], two thousand twenty--two thousand twen-
 ty-one OR THE TWO THOUSAND TWENTY-ONE--TWO  THOUSAND  TWENTY-TWO  school
 [years]  YEAR;  provided  that,  IN  THE  CASE OF A CLASSROOM TEACHER OR
 BUILDING PRINCIPAL APPOINTED DURING THE TWO THOUSAND EIGHTEEN--TWO THOU-
 SAND NINETEEN OR TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR,
 WHO HAS NOT RECEIVED COMPOSITE ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEW
 RATINGS  PURSUANT  TO  SECTION  THREE THOUSAND TWELVE-C OR SECTION THREE
 THOUSAND TWELVE-D OF  THIS  CHAPTER  FOR  THREE  CONSECUTIVE  YEARS,  NO
 RATINGS SHALL BE REQUIRED FOR THE SUPERINTENDENT OF SCHOOLS TO RECOMMEND
 FOR  APPOINTMENT  ON  TENURE  SUCH  TEACHER OR BUILDING PRINCIPAL IF THE
 TEACHER OR PRINCIPAL 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 REVIEW RATING  FOR  THE  TWO  THOUSAND  NINETEEN--TWO
 THOUSAND  TWENTY,  TWO  THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND TWO
 THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEARS; PROVIDED THAT
 in the case of a  classroom  teacher  or  building  principal  appointed
 during  the  two thousand [twenty] TWENTY-ONE--two thousand [twenty-one]
 TWENTY-TWO 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 two 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 twenty--two thousand twenty-one  OR  TWO  THOUSAND  TWENTY-ONE--TWO
 A. 9600                            12
 
 THOUSAND  TWENTY-TWO school year; provided further that, notwithstanding
 any other provision of this section to the contrary, when a  teacher  or
 principal  receives  an effective and/or highly effective rating in each
 year  of  his  or  her probationary service except he or she receives an
 ineffective rating in the final year of his or her probationary  period,
 such teacher or principal shall not be eligible for tenure but the board
 of  education  in  its discretion, may extend the teacher's probationary
 period for an additional year; provided, however, that if  such  teacher
 or principal successfully appealed such ineffective rating, such teacher
 or  principal  shall  immediately  be  eligible for tenure if the rating
 resulting from the appeal established  that  such  individual  has  been
 effective  or  highly  effective in at least three 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 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.
   §  10. Paragraph (b) of subdivision 6 of section 2573 of the education
 law, as amended by chapter 147 of the laws of 2021, 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] OR 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 effective  in  at
 A. 9600                            13
 
 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  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  nine-
 teen--two thousand twenty [and], two thousand twenty--two thousand twen-
 ty-one  OR  THE  TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO school
 [years] YEAR; provided that, IN THE  CASE  OF  A  CLASSROOM  TEACHER  OR
 BUILDING PRINCIPAL APPOINTED DURING THE TWO THOUSAND EIGHTEEN--TWO THOU-
 SAND NINETEEN OR TWO THOUSAND NINETEEN--TWO THOUSAND TWENTY SCHOOL YEAR,
 WHO  HAS  NOT  RECEIVED COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE REVIEW
 RATINGS PURSUANT TO SECTION THREE THOUSAND  TWELVE-C  OR  SECTION  THREE
 THOUSAND  TWELVE-D  OF  THIS  CHAPTER  FOR  THREE  CONSECUTIVE YEARS, NO
 RATINGS SHALL BE REQUIRED FOR THE SUPERINTENDENT OF SCHOOLS TO RECOMMEND
 FOR APPOINTMENT ON TENURE SUCH TEACHER  OR  BUILDING  PRINCIPAL  IF  THE
 TEACHER  OR PRINCIPAL 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 A COMPOSITE ANNUAL
 PROFESSIONAL PERFORMANCE REVIEW RATING FOR THE TWO  THOUSAND  NINETEEN--
 TWO  THOUSAND  TWENTY,  TWO THOUSAND TWENTY--TWO THOUSAND TWENTY-ONE AND
 TWO THOUSAND TWENTY-ONE--TWO THOUSAND TWENTY-TWO SCHOOL YEARS;  PROVIDED
 THAT  in the case of a classroom teacher or building principal appointed
 during the two thousand [twenty] TWENTY-ONE--two  thousand  [twenty-one]
 TWENTY-TWO  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 two 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  twenty--two  thousand  twenty-one  OR TWO THOUSAND TWENTY-ONE--TWO
 THOUSAND TWENTY-TWO 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  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-
 A. 9600                            14
 
 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 recommended
 for  tenure  and  all  others  employed  in  the teaching service of the
 schools of such school district who have served  the  full  probationary
 period as extended pursuant to this subdivision shall hold their respec-
 tive positions during good behavior and efficient and competent service,
 and  shall not be removable except for cause after a hearing as provided
 by section three thousand twenty-a or section three thousand twenty-b of
 this chapter. Failure to maintain  certification  as  required  by  this
 chapter  and  the regulations of the commissioner shall constitute cause
 for removal.
   § 11. This act shall take effect immediately.