| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 05, 2022 |
referred to education |
| Jan 06, 2021 |
referred to education |
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Senate Bill S910
2021-2022 Legislative Session
Relates to the appointment of teachers
download bill text pdfSponsored By
(D, WF) 37th Senate District
Archive: Last Bill Status - In Senate Committee Education Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2021-S910 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A5151
- Current Committee:
- Senate Education
- Law Section:
- Education Law
- Laws Affected:
- Amd §§2509, 2573, 3012 & 3014, Ed L
- Versions Introduced in 2019-2020 Legislative Session:
-
S5971, A8369
2021-S910 (ACTIVE) - Sponsor Memo
BILL NUMBER: S910
SPONSOR: MAYER
TITLE OF BILL:
An act to amend the education law, in relation to the appointment of
teachers
PURPOSE:
The purpose of this bill is to amend the education law to return to the
probationary period prior to the adoption of the annual professional
performance review (APPR) in 2015. The bill also deletes references to
APPR for purposes of tenure decisions and would replace it with "satis-
factory annual reviews." This bill includes a Jarema credit, named after
the former assemblyman, to clarify that Jarema credit may be earned for
proportionate credit for up to two years of credit for regular substi-
tute service. The legislation also makes technical corrections and
provisions gender neutral.
SUMMARY OF SPECIFIC PROVISIONS:
Section(s)of the bill would amend section 2509, 2573, and 3012 of the
education law to return tenure to the three year period where this was
in effect before the adoption of APPR. Additionally, the bill would
reduce the time to attain tenure for a tenured educator who left the
district prior to APPR and returns to such district or another district.
The amendments to the education law also clarify issues surrounding the
Jarema credit, which allows those working as regular substitute teachers
to proportionally reduce their probationary period. Finally, the bill
replaces APPR with the term "successful annual review."
JUSTIFICATION:
In New York, tenure protections have existed for more than a century.
Tenure affords due process and provides eligible employees with the
right to know that charges have been brought against them. Tenure stat-
utes and educator evaluations changed under APPR, which has since been
eliminated for use in teacher and administrator evaluations. This bill
conforms statute to these changes and realigns standards and procedures
for educators, as appropriate.
Tenure is a safeguard for teachers and administrators which assures
quality public education is delivered. Due process protections provide
educators with assurances to effectively teach without compromising
their status.
Since 2010, enrollment in teacher preparation programs have dropped by
more than 45 percent and new teachers are leaving the profession at a
high rate in the first five years. This measure is designed to restore
confidence and improve standards for educators.
LEGISLATIVE HISTORY:
S.5971- 2020: Referred to Education
2019: Referred to Education
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
2021-S910 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
910
2021-2022 Regular Sessions
I N S E N A T E
(PREFILED)
January 6, 2021
___________
Introduced by Sen. MAYER -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to the appointment of
teachers
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2509 of the education law, as added by chapter 762
of the laws of 1950, subdivision 1 as amended by chapter 116 of the laws
of 1971, paragraphs (a) and (b) of subdivision 1 as amended by section 1
and subdivision 2 as amended by section 2 of subpart D of part EE of
chapter 56 of the laws of 2015, subparagraph ii of paragraph (b) of
subdivision 1 as amended by chapter 345 of the laws of 2019, subdivision
3 as amended by chapter 680 of the laws of 1983, subdivision 4 as
amended by chapter 263 of the laws of 2005, subdivisions 5, 6 and 7 as
renumbered by chapter 717 of the laws of 1970, and subdivision 7 as
added by chapter 859 of the laws of 1955, is amended to read as follows:
§ 2509. Appointment of assistant and other superintendents, teachers
and other employees. 1. (a) i. Teachers and all other members of the
teaching staff appointed prior to July first, two thousand fifteen and
authorized by section twenty-five hundred three of this article, shall
be appointed by the board of education, upon the recommendation of the
superintendent of schools, for a probationary period of three years,
except that in the case of a teacher who has rendered satisfactory
service as a regular substitute for a period of UP TO two years or as a
seasonally licensed per session teacher of swimming in day schools who
has served in that capacity for a period of UP TO two years and has been
appointed to teach the same subject in day schools on an annual salary,
the probationary period shall be [limited to one year] REDUCED PROPOR-
TIONATELY BASED UPON THE LENGTH OF THE SATISFACTORY SERVICE; provided,
however, that in the case of a teacher who has been appointed on tenure
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02612-01-1
S. 910 2
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
of this chapter, the probationary period shall not exceed two years. The
service of a person appointed to any [of] such positions may be discon-
tinued at any time during such probationary period, on the recommenda-
tion of the superintendent of schools, by a majority vote of the board
of education. Each person who is not to be recommended for appointment
on tenure shall be so notified by the superintendent of schools in writ-
ing not later than sixty days immediately preceding the expiration of
[his] THE probationary period.
ii. Notwithstanding any other provision of law or regulation to the
contrary, teachers and all other members of the teaching staff appointed
on or after July first, two thousand fifteen and authorized by section
twenty-five hundred three of this article, shall be appointed by the
board of education, upon the recommendation of the superintendent of
schools, for a probationary period of four years, except that in the
case of a teacher who has rendered satisfactory service as a regular
substitute for a period of UP TO two years and, if a classroom teacher,
has received [composite] SATISFACTORY annual [professional performance
review ratings] REVIEWS in each of those years, or has rendered satis-
factory service as a seasonally licensed per session teacher of swimming
in day schools who has served in that capacity for a period of UP TO two
years and has been appointed to teach the same subject in day schools on
an annual salary, the teacher shall be appointed [for] TO a probationary
period [of two years] THAT IS REDUCED PROPORTIONATELY BASED UPON THE
LENGTH OF THE SATISFACTORY SERVICE; provided, however, that in the case
of a teacher who has been appointed on tenure in another school district
within the state, the school district where currently employed, or a
board of cooperative educational services, and who was not dismissed
from such district or board as a result of charges brought pursuant to
subdivision one of section three thousand twenty-a or section three
thousand twenty-b of this chapter, the teacher shall be appointed for a
probationary period of three years; provided that the teacher demon-
strates that [he or she] THEY received [an] A SATISFACTORY annual
[professional performance review rating pursuant to section three thou-
sand twelve-c or section three thousand twelve-d of this chapter] REVIEW
in [his or her] THEIR final year of service in such other school
district or board of cooperative educational services. The service of a
person appointed to any [of] such positions may be discontinued at any
time during such probationary period, on the recommendation of the
superintendent of schools, by a majority vote of the board of education.
Each person who is not to be recommended for appointment on tenure shall
be so notified by the superintendent of schools in writing not later
than sixty days immediately preceding the expiration of [his/her] THEIR
probationary period.
(b) i. Administrators, directors, supervisors, principals and all
other members of the supervising staff, except associate, assistant and
other superintendents appointed prior to July first, two thousand
fifteen and authorized by section twenty-five hundred three of this
article, shall be appointed by the board of education, upon the recom-
mendation of the superintendent of schools for a probationary period of
three years. The service of a person appointed to any [of] such posi-
tions may be discontinued at any time during the probationary period on
S. 910 3
the recommendation of the superintendent of schools, by a majority vote
of the board of education.
ii. Notwithstanding any other provision of law or regulation to the
contrary, administrators, directors, supervisors, principals and all
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
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. [a.](A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR REGULATION TO
THE CONTRARY, TEACHERS AND ALL OTHER MEMBERS OF THE TEACHING STAFF
APPOINTED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-ONE AND AUTHORIZED
BY SECTION TWENTY-FIVE HUNDRED THREE OF THIS ARTICLE, SHALL BE APPOINTED
BY THE BOARD OF EDUCATION, UPON THE RECOMMENDATION OF THE SUPERINTENDENT
OF SCHOOLS, FOR A PROBATIONARY PERIOD OF THREE YEARS, EXCEPT THAT IN THE
CASE OF A TEACHER WHO HAS RENDERED SATISFACTORY SERVICE AS A REGULAR
SUBSTITUTE FOR A PERIOD OF UP TO TWO YEARS AND, IF A CLASSROOM TEACHER,
HAS RECEIVED SATISFACTORY ANNUAL REVIEWS IN EACH OF THOSE YEARS, OR HAS
RENDERED SATISFACTORY SERVICE AS A SEASONALLY LICENSED PER SESSION
TEACHER OF SWIMMING IN DAY SCHOOLS WHO HAS SERVED IN THAT CAPACITY FOR A
PERIOD OF UP TO TWO YEARS AND HAS BEEN APPOINTED TO TEACH THE SAME
SUBJECT IN DAY SCHOOLS ON AN ANNUAL SALARY, SUCH TEACHER SHALL BE
APPOINTED FOR A PROBATIONARY PERIOD THAT IS REDUCED PROPORTIONATELY
BASED UPON THE LENGTH OF THE SATISFACTORY SERVICE; PROVIDED, HOWEVER,
THAT IN THE CASE OF A TEACHER WHO HAS BEEN APPOINTED ON TENURE IN ANOTH-
ER SCHOOL DISTRICT WITHIN THE STATE, THE SCHOOL DISTRICT WHERE CURRENTLY
EMPLOYED, OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND WHO WAS
NOT DISMISSED FROM SUCH DISTRICT OR BOARD AS A RESULT OF CHARGES BROUGHT
PURSUANT TO SUBDIVISION ONE OF SECTION THREE THOUSAND TWENTY-A OR
SECTION THREE THOUSAND TWENTY-B OF THIS CHAPTER, SUCH TEACHER SHALL BE
APPOINTED FOR A PROBATIONARY PERIOD OF TWO YEARS; PROVIDED THAT THE
TEACHER DEMONSTRATES THAT THEY RECEIVED A SATISFACTORY ANNUAL REVIEW IN
THEIR FINAL YEAR OF SERVICE IN SUCH OTHER SCHOOL DISTRICT OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES. THE SERVICE OF A PERSON APPOINTED TO
ANY SUCH POSITIONS MAY BE DISCONTINUED AT ANY TIME DURING SUCH PROBA-
TIONARY PERIOD, ON THE RECOMMENDATION OF THE SUPERINTENDENT OF SCHOOLS,
BY A MAJORITY VOTE OF THE BOARD OF EDUCATION. EACH PERSON WHO IS NOT TO
BE RECOMMENDED FOR APPOINTMENT ON TENURE SHALL BE SO NOTIFIED BY THE
SUPERINTENDENT OF SCHOOLS IN WRITING NOT LATER THAN SIXTY DAYS IMME-
DIATELY PRECEDING THE EXPIRATION OF THE PROBATIONARY PERIOD.
(B) ADMINISTRATORS, DIRECTORS, SUPERVISORS, PRINCIPALS AND ALL OTHER
MEMBERS OF THE SUPERVISING STAFF, EXCEPT ASSOCIATE, ASSISTANT AND OTHER
S. 910 4
SUPERINTENDENTS APPOINTED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-
ONE AND AUTHORIZED BY SECTION TWENTY-FIVE HUNDRED THREE OF THIS ARTICLE,
SHALL BE APPOINTED BY THE BOARD OF EDUCATION, UPON THE RECOMMENDATION OF
THE SUPERINTENDENT OF SCHOOLS FOR A PROBATIONARY PERIOD OF THREE YEARS.
THE SERVICE OF A PERSON APPOINTED TO ANY SUCH POSITIONS MAY BE DISCON-
TINUED AT ANY TIME DURING THE PROBATIONARY PERIOD ON THE RECOMMENDATION
OF THE SUPERINTENDENT OF SCHOOLS, BY A MAJORITY VOTE OF THE BOARD OF
EDUCATION.
3. (A) At the expiration of the probationary term of any persons
appointed for such term prior to July first, two thousand fifteen, or
within six months prior thereto, the superintendent of schools shall
make a written report to the board of education recommending for
appointment on tenure those persons who have been found competent, effi-
cient and satisfactory. By a majority vote the board of education may
then appoint on tenure any or all of the persons recommended by the
superintendent of schools. Such persons and all others employed in the
teaching service of the schools of such school district who have served
the full probationary period shall hold their respective positions
during good behavior and efficient and competent service, and shall not
be removable except for cause after a hearing as provided by section
three thousand twenty-a or section three thousand twenty-b of this chap-
ter. Failure to maintain certification as required by this chapter and
the regulations of the commissioner shall constitute cause for removal.
[b.] (B) For persons appointed on or after July first, two thousand
fifteen, at the expiration of the probationary term of any persons
appointed for such term, or within six months prior thereto, the super-
intendent of schools shall make a written report to the board of educa-
tion recommending for appointment on tenure those persons who have been
found competent, efficient and satisfactory and in the case of a class-
room teacher or building principal, who have received SATISFACTORY annu-
al [professional performance review ratings pursuant to section three
thousand twelve-c or section three thousand twelve-d of this chapter, of
either effective or highly effective] REVIEWS in at least three of the
four preceding years, exclusive of any breaks in service[; provided
that, notwithstanding any other provision of this section to the contra-
ry, when a teacher or principal receives an effective or highly effec-
tive rating in each year of his or her probationary service except he or
she receives an ineffective rating in the final year of his or her
probationary period, such teacher or principal shall not be eligible for
tenure but the board of education in its discretion, may extend the
teacher's probationary period for an additional year; provided, however,
that if such teacher or principal successfully appealed such ineffective
rating, such teacher or principal shall immediately be eligible for
tenure if the rating resulting from the appeal established that such
individual has been effective or highly effective in at least three of
the preceding four years and was not ineffective in the final year]. By
a majority vote, the board of education may then appoint on tenure any
or all of the persons recommended by the superintendent of schools. [At
the expiration of the probationary period, the classroom teacher or
building principal shall remain in probationary status until the end of
the school year in which such teacher or principal has received such
ratings of effective or highly effective for at least three of the four
preceding school years exclusive of any breaks in service and subject to
the terms hereof, during which time a board of education shall consider
whether to grant tenure for those classroom teachers or building princi-
pals who otherwise have been found competent, efficient and satisfac-
S. 910 5
tory. Provided, however, that the board of education may grant tenure
contingent upon a classroom teacher's or building principal's receipt of
a minimum rating in the final year of the probationary period, pursuant
to the requirements of this section, and if such contingency is not met
after all appeals have been exhausted, the grant of tenure shall be void
and unenforceable and the teacher's or principal's probationary period
may be extended in accordance with this subdivision.] Such persons who
have been recommended for tenure and all others employed in the teaching
service of the schools of such school district who have served the full
probationary period [as extended] pursuant to this subdivision shall
hold their respective positions during good behavior and efficient and
competent service, and shall not be removable except for cause after a
hearing as provided by section three thousand twenty-a or section three
thousand twenty-b of this chapter. Failure to maintain certification as
required by this chapter and the regulations of the commissioner shall
constitute cause for removal.
[3.] 4. Associate superintendents and all other employees authorized
by section twenty-five hundred three of this article, except as other-
wise provided in subdivision one of this section, shall be appointed by
the board of education, provided, however, that the board of education
may enter into an employment contract with an associate, assistant, or
other superintendent of schools for a period of from one to five years.
[4.] 5. Clerks, draftsmen, inspectors, chemists, tabulating machine
operators, secretaries, stenographers, copyists, statisticians, jani-
tors, custodians, custodian-engineers, and all other administrative
employees of a board of education, unless otherwise provided in this
chapter, shall be appointed for a probationary period provided in the
civil service law and regulations based thereon. The service of a person
appointed to any of such positions may be discontinued by the board of
education at any time during such probationary period. Such persons and
all others employed in the administrative service of the board of educa-
tion who have served the full probationary period shall hold their
respective positions during good behavior and efficient and competent
service, and shall not be removed except for cause after a hearing by
the affirmative vote of a majority of the board.
[5.] 6. No principal, supervisor, director, or teacher shall be
appointed to the teaching force of such city school district who does
not possess qualifications required under this chapter and under the
regulations prescribed by the commissioner of education for the persons
employed in such positions in the schools of the city school districts
of the state, but a board of education may prescribe additional or high-
er qualifications for the persons employed in any of such positions.
[6.] 7. Rules and regulations shall be adopted governing excusing of
absences and for the granting of leaves of absence either with or with-
out pay for all members of the teaching and supervising staff and other
employees.
[7.] 8. Notwithstanding any other provision of this section no period
in any school year for which there is no required service and/or for
which no compensation is provided shall in any event constitute a break
or suspension of probationary period or continuity of tenure rights of
any of the persons hereinabove described.
§ 2. Paragraph (a) of subdivision 1, and subdivisions 3, 5, 6, para-
graph (a) of subdivision 10, 11, 16 and 17 of section 2573 of the educa-
tion law, paragraph (a) of subdivision 1, and subdivisions 5 and 6 as
amended by section 3 of subpart D of part EE of chapter 56 of the laws
of 2015, subdivision 3 as amended by chapter 27 of the laws of 2012,
S. 910 6
paragraph (a) of subdivision 10 and subdivision 11 as amended by chapter
650 of the laws of 1990, subdivision 16 as added by chapter 898 of the
laws of 1960, and subdivision 17 as amended by chapter 210 of the laws
of 2001, are amended to read as follows:
(a) i. Teachers and all other members of the teaching staff, appointed
prior to July first, two thousand fifteen and authorized by section
twenty-five hundred fifty-four of this article, shall be appointed by
the board of education, upon the recommendation of the superintendent of
schools, for a probationary period of three years, except that in the
case of a teacher who has rendered satisfactory service as a regular
substitute for a period of UP TO two years or as a seasonally licensed
per session teacher of swimming in day schools who has served in that
capacity for a period of UP TO two years and has been appointed to teach
the same subject in day schools on an annual salary, the probationary
period shall be [limited to] REDUCED PROPORTIONATELY BASED UPON THE
LENGTH OF THE SATISFACTORY SERVICE one year; provided, however, that in
the case of a teacher who has been appointed on tenure in another school
district within the state, the school district where currently employed,
or a board of cooperative educational services, and who was not
dismissed from such district or board as a result of charges brought
pursuant to subdivision one of section three thousand twenty-a or
section three thousand twenty-b of this chapter, the probationary period
shall not exceed two years; provided, however, that in cities with a
population of one million or more, a teacher appointed under a newly
created license, for teachers of reading and of the emotionally hand-
icapped, to a position which the teacher has held for at least two years
prior to such appointment while serving on tenure in another license
area who was not dismissed as a result of charges brought pursuant to
subdivision one of section three thousand twenty-a or section three
thousand twenty-b of this chapter, the probationary period shall be one
year. The service of a person appointed to any [of] such positions may
be discontinued at any time during such probationary period, on the
recommendation of the superintendent of schools, by a majority vote of
the board of education. Each person who is not to be recommended for
appointment on tenure shall be so notified by the superintendent of
schools in writing not later than sixty days immediately preceding the
expiration of [his or her] THEIR probationary period. In city school
districts having a population of four hundred thousand or more, persons
with licenses obtained as a result of examinations announced subsequent
to the twenty-second day of May, nineteen hundred sixty-nine appointed
upon conditions that all announced requirements for the position be
fulfilled within a specified period of time, shall not acquire tenure
unless and until such requirements have been completed within the time
specified for the fulfillment of such requirements, notwithstanding the
expiration of any probationary period. In all other city school
districts subject to the provisions of this article, failure to maintain
certification as required by this article and by the regulations of the
commissioner shall be cause for removal within the meaning of subdivi-
sion five of this section.
ii. Teachers and all other members of the teaching staff appointed on
or after July first, two thousand fifteen and authorized by section
twenty-five hundred fifty-four of this article, shall be appointed by
the board of education, upon the recommendation of the superintendent of
schools, for a probationary period of four years, except that in the
case of a teacher who has rendered satisfactory service as a regular
substitute for a period of UP TO two years and, if a classroom teacher,
S. 910 7
has received SATISFACTORY annual [professional performance review
ratings] REVIEWS in each of those years, or has rendered satisfactory
service as a seasonally licensed per session teacher of swimming in day
schools who has served in that capacity for a period of UP TO two years
and has been appointed to teach the same subject in day schools on an
annual salary, the teacher shall be appointed [for] TO a probationary
period [of two years] THAT IS REDUCED PROPORTIONATELY BASED UPON THE
LENGTH OF THE SATISFACTORY SERVICE; provided, however, that in the case
of a teacher who has been appointed on tenure in another school district
within the state, the school district where currently employed, or a
board of cooperative educational services, and who was not dismissed
from such district or board as a result of charges brought pursuant to
subdivision one of section three thousand twenty-a or section three
thousand twenty-b of this chapter, the teacher shall be appointed for a
probationary period of three years; provided that, in the case of a
classroom teacher, the teacher demonstrates that [he or she] THEY
received [an annual professional performance] A SATISFACTORY ANNUAL
review [rating pursuant to section three thousand twelve-c or section
three thousand twelve-d of this chapter] in [his or her] THEIR final
year of service in such other school district or board of cooperative
educational services; provided, however, that in cities with a popu-
lation of one million or more, a teacher appointed under a newly created
license, for teachers of reading and of the emotionally handicapped, to
a position which the teacher has held for at least two years prior to
such appointment while serving on tenure in another license area who was
not dismissed as a result of charges brought pursuant to subdivision one
of section three thousand twenty-a or section three thousand twenty-b of
this chapter, the teacher shall be appointed for a probationary period
of two years. The service of a person appointed to any [of] such posi-
tions may be discontinued at any time during such probationary period,
on the recommendation of the superintendent of schools, by a majority
vote of the board of education. Each person who is not to be recom-
mended for appointment on tenure shall be so notified by the superinten-
dent of schools in writing not later than sixty days immediately preced-
ing the expiration of [his or her] THEIR probationary period. In all
city school districts subject to the provisions of this article, failure
to maintain certification as required by this article and by the regu-
lations of the commissioner shall be cause for removal within the mean-
ing of subdivision five of this section.
3. Associate superintendents, examiners and all other employees
authorized by section twenty-five hundred fifty-four of this article,
except as otherwise provided in subdivision one of this section, shall
be appointed by the board of education except that in the city school
districts of the cities of Buffalo, Rochester, and Syracuse, the associ-
ate, assistant and district superintendents and all other supervising
staff who are excluded from the right to bargain collectively pursuant
to article fourteen of the civil service law shall be appointed, within
amounts budgeted therefor, by the superintendent of such city school
district. In a city having a population of one million or more, such
appointments shall be made on nomination of the superintendent of
schools. Notwithstanding any other provision in this chapter to the
contrary, whenever an associate superintendent of schools in the employ
of the board of education in a city having a population of one million
or more fails of reappointment, said person shall be immediately
appointed an assistant superintendent of schools with permanent appoint-
ment as said term permanent appointment is defined in subdivisions four,
S. 910 8
five and six of this section. The salary of such assistant superinten-
dent shall be less than the salary of an associate superintendent, but
said differential in salary shall not exceed ten per centum of the annu-
al salary of an associate superintendent of schools. When, however, an
associate superintendent of schools who fails of reappointment has to
[his] THEIR credit thirty or more years of city service including ten or
more years of service as such associate superintendent of schools, he
shall suffer no reduction of salary or of pension prospects while serv-
ing as such assistant superintendent of schools.
5. (a) At the expiration of the probationary [term] PERIOD of any
persons appointed for such [term] PERIOD prior to July first, two thou-
sand fifteen, the superintendent of schools shall make a written report
to the board of education recommending for permanent appointment those
persons who have been found competent, efficient and satisfactory. Such
persons and all others employed in the teaching, service of the schools
of a city, who have served the full probationary period, shall hold
their respective positions during good behavior and efficient and compe-
tent service, and shall not be removable except for cause after a hear-
ing as provided by section three thousand twenty-a or section three
thousand twenty-b of this chapter.
(b) At the expiration of the probationary [term] PERIOD of any persons
appointed for such [term] PERIOD on or after July first, two thousand
fifteen, the superintendent of schools shall make a written report to
the board of education recommending for permanent appointment those
persons who have been found competent, efficient and satisfactory and,
in the case of a classroom teacher or building principal, who have
received [composite annual professional performance review ratings
pursuant to section three thousand twelve-c or section three thousand
twelve-d of this chapter, of either effective or highly effective]
SATISFACTORY ANNUAL REVIEWS in at least three of the four preceding
years, exclusive of any breaks in service[; provided that, notwithstand-
ing any other provision of this section to the contrary, when a teacher
or principal receives an effective and/or highly effective rating in
each year of his or her probationary service except he or she receives
an ineffective rating in the final year of his or her probationary peri-
od, such teacher or principal shall not be eligible for tenure but the
board of education in its discretion, may extend the teacher's proba-
tionary period for an additional year; provided, however, that if such
teacher or principal successfully appealed such ineffective rating, such
teacher or principal shall immediately be eligible for tenure if the
rating resulting from the appeal established that such individual has
been effective or highly effective in at least three of the preceding
four years. At the expiration of the probationary period, the classroom
teacher or building principal shall remain in probationary status until
the end of the school year in which such teacher or principal has
received such ratings of effective or highly effective for at least
three of the four preceding school years, exclusive of any breaks in
service and subject to the terms hereof, during which time a board of
education shall consider whether to grant tenure for those classroom
teachers or building principals who otherwise have been found competent,
efficient and satisfactory. Provided, however, that the board of educa-
tion may grant tenure contingent upon a classroom teacher's or building
principal's receipt of a minimum rating in the final year of the proba-
tionary period, pursuant to the requirements of this section, and if
such contingency is not met after all appeals have been exhausted, the
grant of tenure shall be void and unenforceable and the teacher's or
S. 910 9
principal's probationary period may be extended in accordance with this
subdivision]. Such persons who have been recommended for tenure and all
others employed in the teaching service of the schools of such school
district who have served the full probationary period [as extended]
pursuant to this subdivision shall hold their respective positions
during good behavior and efficient and competent service, and shall not
be removable except for cause after a hearing as provided by section
three thousand twenty-a or section three thousand twenty-b of this chap-
ter. Failure to maintain certification as required by this chapter and
the regulations of the commissioner shall constitute cause for removal.
6. (a) In a city having a population of four hundred thousand or more,
at the expiration of the probationary term of any persons appointed for
such term prior to July first, two thousand fifteen, the superintendent
of schools shall make a written report to the board of education recom-
mending for permanent appointment those persons who have been found
satisfactory, and such board of education shall immediately thereafter
issue to such persons permanent certificates of appointment. Such
persons and all others employed in the teaching service of the schools
of such city, who have served the full probationary period shall receive
permanent certificates to teach issued to them by the certificating
authority, except as otherwise provided in subdivision ten-a of this
section, and shall hold their respective positions during good behavior
and satisfactory teaching service, and shall not be removable except for
cause after a hearing as provided by section three thousand twenty-a or
section three thousand twenty-b of this chapter.
(b) At the expiration of the probationary [term] PERIOD of any persons
appointed for such [term] PERIOD on or after July first, two thousand
fifteen, the superintendent of schools shall make a written report to
the board of education recommending for permanent appointment those
persons who have been found competent, efficient and satisfactory and,
in the case of a classroom teacher or building principal, who have
received [composite annual professional performance review ratings
pursuant to section three thousand twelve-c or section three thousand
twelve-d of this chapter, of either effective or highly effective]
SATISFACTORY ANNUAL REVIEWS in at least three of the four preceding
years, exclusive of any breaks in service[; provided that, notwithstand-
ing any other provision of this section to the contrary, when a teacher
receives an effective and/or highly effective rating in each year of his
or her probationary service except he or she receives an ineffective
rating in the final year of his or her probationary period, such teacher
or principal shall not be eligible for tenure but the board of education
in its discretion, may extend the teacher's probationary period for an
additional year; provided, however, that if such teacher or principal
successfully appealed such ineffective rating, such teacher or principal
shall immediately be eligible for tenure if the rating resulting from
the appeal established that such individual has been effective or highly
effective in at least three of the preceding four years and was not
ineffective in the final year. At the expiration of the probationary
period, the classroom teacher or building principal shall remain in
probationary status until the end of the school year in which such
teacher or principal has received such ratings of effective or highly
effective for at least three of the four preceding school years, exclu-
sive of any breaks in service and subject to the terms hereof, during
which time a board of education shall consider whether to grant tenure
for those classroom teachers or building principals who otherwise have
been found competent, efficient and satisfactory. Provided, however,
S. 910 10
that the board of education may grant tenure contingent upon a classroom
teacher's or building principal's receipt of a minimum rating in the
final year of the probationary period, pursuant to the requirements of
this section, and if such contingency is not met after all appeals have
been exhausted, the grant of tenure shall be void and unenforceable and
the teacher's or principal's probationary period may be extended in
accordance with this subdivision]. Such persons who have been recom-
mended for tenure and all others employed in the teaching service of the
schools of such school district who have served the full probationary
period [as extended] pursuant to this subdivision shall hold their
respective positions during good behavior and efficient and competent
service, and shall not be removable except for cause after a hearing as
provided by section three thousand twenty-a or section three thousand
twenty-b of this chapter. Failure to maintain certification as required
by this chapter and the regulations of the commissioner shall constitute
cause for removal.
(a) In a city having a population of one million or more, recommenda-
tions for appointment to the teaching service shall be from the first
three persons chosen by random selection from the qualifying eligible
lists prepared by the chancellor. Competitive eligible lists in exist-
ence at the time of enactment of this subdivision shall not be merged
and any such lists shall be exhausted or have expired before nominations
are made from a qualifying list of a subsequent date promulgated here-
under. Qualifying eligible lists for supervisory positions shall be
merged with any subsequently promulgated lists in the same license area
so that there shall be one continuing non-expiring eligible list for
each license area. No competitive eligible list shall remain in force
for a longer period than four years, nor have a life of less than three
years. No competitive eligible list now in force shall terminate any
sooner than four years from the date on which it was promulgated. The
board of education, on the recommendation of the chancellor shall desig-
nate, subject to the other provisions of this chapter, the kind and
grades of licenses which shall be required for service as principal,
branch principal, director, supervisor or teacher of a special branch,
head of department, assistant, school psychiatrist, school psychologist,
school medical inspector, school social worker, school social casework-
er, school secretary, industrial or trade helper in vocational schools,
school librarian, laboratory assistant, or any other position of the
teaching staff together with the academic and professional qualifica-
tions required for each kind or grade of license. No person required to
have a license under the provisions of this chapter in order to be
employed in a position who does not have such license shall have any
claim for salary, except that a person who has been assigned to teach in
a subject or field not specifically covered in [his] THEIR license but
on the same rank or level of service shall be entitled to [his] THEIR
salary.
11. In a city [have] HAVING a population of one million or more, the
board of education, subject to the approval of the commissioner of
education, shall have power to authorize the superintendent of schools
to assign any teacher employed to teach any subject or subjects other
than any specific subject for which such teacher is licensed. No such
assignment shall be made unless the superintendent of schools shall have
certified that such teacher is competent to teach the assigned subject
or subjects. The superintendent of schools with the approval of the
board of education, shall have power to make rules and regulations in
relation to ascertainment of competency of teachers to teach such
S. 910 11
assigned subject or subjects. The assignment of a teacher to teach any
such assigned subject shall not operate to change the rank or level of
such teacher from that which [he or she] THEY occupied prior to such
assignment.
16. In the city school district of the city of New York, the board of
education shall ascertain prior to August first, nineteen hundred sixty,
and annually thereafter the number of appointments which will be
required for the duration of not less than a term of the ensuing school
year by reason of leaves of absence granted to members of the teaching
staff serving on tenure. The board shall thereupon establish and make
appointments to positions of replacement teachers in a number which,
including any such teachers already serving as a result of earlier
appointment, shall be at least equal, if possible, and, if not, as near-
ly as possible, to two-thirds of the minimum number of such teachers
expected to be absent on leave at any one time. Such positions shall
constitute a pool from which the board shall assign teachers to replace
the teachers who are absent on leave. Appointments to such positions of
replacement teachers shall be made from the appropriate eligible lists
for the positions for which such replacement teachers will be required
as determined by the board. Such positions of replacement teachers shall
be in all respects permanent positions in the school system and persons
duly appointed by the board to such positions shall be entitled to the
rights of tenure and retirement accruing to persons serving in other
permanent teaching positions, except that no replacement teacher shall
be entitled to the special limitation of the probationary period to one
year provided for certain teachers by subdivision one of this section.
Upon acceptance of appointment as replacement teacher, the name of each
such appointee shall be placed on a preferred eligible list as a candi-
date for appointment to any permanent teaching position for which he
holds a valid license and such candidates shall be entitled to appoint-
ment from such preferred eligible list in order of their placement on
such list. At any time when the total number of positions of replacement
teacher in such pool exceeds the total number of teachers who will be
absent on leave for the ensuing term of school, the board may abolish
positions in such pool which are in excess of the number of teachers to
be absent on leave as aforesaid, or may use replacement teachers in such
pool instead of substitute teachers to replace teachers who are absent
for shorter periods than one term. Whenever a particular replacement
teacher cannot be used to replace any teacher who is absent on leave for
a full term, [he] THEY may similarly be used to replace teachers who are
absent for shorter periods. Nothing herein contained shall be construed
as preventing the appointment of regular substitute teachers to replace
teachers absent on leave when no persons holding positions created
pursuant to this subdivision are available for such replacement.
17. In the city school district of the city of Buffalo, the board of
education shall, within sixty days of the effective date of this subdi-
vision and annually prior to August first of each year thereafter,
ascertain the number of appointments which will be required for the
duration of not less than a term of the ensuing school year by reason of
leaves of absence granted to members of the teaching staff serving on
tenure. The board shall thereupon establish and make appointments to
positions of replacement teachers in a number which, including any such
teachers already serving as a result of earlier appointment, shall be
equal, if possible, or as nearly as possible, to two-thirds of the mini-
mum number of such teachers expected to be absent on leave at any one
time. Such positions shall constitute a pool from which the board shall
S. 910 12
assign teachers to replace the teachers who are absent on leave. Such
positions of replacement teachers shall be in all respects permanent
positions in the school system and persons duly appointed by the board
to such positions shall be entitled to the rights of tenure and retire-
ment accruing to persons serving in other permanent teaching positions,
except that no replacement teacher shall be entitled to the special
limitation of the probationary period to one year provided for certain
teachers by subdivision one of this section. Upon acceptance of appoint-
ment as replacement teacher, the name of each such appointee shall be
placed on a preferred eligible list as a candidate for appointment to
any permanent teaching position for which [he or she holds] THEY HOLD a
valid license and such candidates shall be entitled to appointment from
such preferred eligible list in order of their placement on such list.
At any time when the total number of positions of replacement teacher in
such pool exceeds the total number of teachers who will be absent on
leave for the ensuing term of school, the board may abolish positions in
such pool which are in excess of the number of teachers to be absent on
leave as aforesaid, or may use replacement teachers in such pool instead
of substitute teachers to replace teachers who are absent for shorter
periods than one term. Whenever a particular replacement teacher cannot
be used to replace any teacher who is absent on leave for a full term,
[he or she] THEY may similarly be used to replace teachers who are
absent for shorter periods. Nothing herein contained shall be construed
as preventing the appointment of regular substitute teachers to replace
teachers absent on leave when no persons holding positions created
pursuant to this subdivision are available for such replacement.
§ 3. Section 3012 of the education law, as amended by section 4 of
subpart D of part EE of chapter 56 of the laws of 2015, subparagraph ii
of paragraph (b) of subdivision 1 as amended by chapter 345 of the laws
of 2019, is amended to read as follows:
§ 3012. Tenure: certain school districts. 1. (a) i. Teachers and all
other members of the teaching staff of school districts, including
common school districts and/or school districts employing fewer than
eight teachers, other than city school districts, who are appointed
prior to July first, two thousand fifteen, shall be appointed by the
board of education, or the trustees of common school districts, upon the
recommendation of the superintendent of schools, for a probationary
period of three years, except that in the case of a teacher who has
rendered satisfactory service as a regular substitute for a period of UP
TO two years or as a seasonally licensed per session teacher of swimming
in day schools who has served in that capacity for a period of UP TO two
years and has been appointed to teach the same subject in day schools,
on an annual salary, the probationary period shall be [limited to one
year] REDUCED PROPORTIONATELY BASED UPON THE LENGTH OF THE SATISFACTORY
SERVICE; provided, however, that in the case of a teacher who has been
appointed on tenure in another school district within the state, the
school district where currently employed, or a board of cooperative
educational services, and who was not dismissed from such district or
board as a result of charges brought pursuant to subdivision one of
section three thousand twenty-a or section three thousand twenty-b of
this article, the probationary period shall not exceed two years. The
service of a person appointed to any [of] such positions may be discon-
tinued at any time during such probationary period, on the recommenda-
tion of the superintendent of schools, by a majority vote of the board
of education or the trustees of a common school district.
S. 910 13
ii. Teachers and all other members of the teaching staff of school
districts, including common school districts and/or school districts
employing fewer than eight teachers, other than city school districts,
who are appointed on or after July first, two thousand fifteen, shall be
appointed by the board of education, or the trustees of common school
districts, upon the recommendation of the superintendent of schools, for
a probationary period of four years, except that in the case of a teach-
er who has rendered satisfactory service as a regular substitute for a
period of two years and, if a classroom teacher, has received SATISFAC-
TORY annual [professional performance review ratings] REVIEWS in each of
those years, or has rendered satisfactory service as a seasonally
licensed per session teacher of swimming in day schools who has served
in that capacity for a period of UP TO two years and has been appointed
to teach the same subject in day schools, on an annual salary, the
teacher shall be appointed [for] TO a probationary period [of two years]
REDUCED PROPORTIONATELY BASED UPON THE LENGTH OF THE SATISFACTORY
SERVICE; provided, however, that in the case of a teacher who has been
appointed on tenure in another school district within the state, the
school district where currently employed, or a board of cooperative
educational services, and who was not dismissed from such district or
board as a result of charges brought pursuant to subdivision one of
section three thousand twenty-a or section three thousand twenty-b of
this article, the teacher shall be appointed for a probationary period
of three years; provided that, in the case of a classroom teacher, the
teacher demonstrates that [he or she] THEY received [an annual profes-
sional performance] A SATISFACTORY review [rating pursuant to section
three thousand twelve-c or section three thousand twelve-d of this chap-
ter] in [his or her] THEIR final year of service in such other school
district or board of cooperative educational services. The service of a
person appointed to any of such positions may be discontinued at any
time during such probationary period, on the recommendation of the
superintendent of schools, by a majority vote of the board of education
or the trustees of a common school district.
(b) i. Principals, administrators, supervisors and all other members
of the supervising staff of school districts, including common school
districts and/or school districts employing fewer than eight teachers,
other than city school districts, who are appointed prior to July first,
two thousand fifteen, shall be appointed by the board of education, or
the trustees of a common school district, upon the recommendation of the
superintendent of schools for a probationary period of three years. The
service of a person appointed to any of such positions may be discontin-
ued at any time during the probationary period on the recommendation of
the superintendent of schools, by a majority vote of the board of educa-
tion or the trustees of a common school district.
ii. Principals, administrators, supervisors and all other members of
the supervising staff of school districts, including common school
districts and/or school districts employing fewer than eight teachers,
other than city school districts, who are appointed on or after July
first, two thousand fifteen, shall be appointed by the board of educa-
tion, or the trustees of a common school district, upon the recommenda-
tion of the superintendent of schools for a probationary period of four
years; 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
S. 910 14
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 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.
(c) Any person previously appointed to tenure or a probationary period
pursuant to the provisions of former section three thousand thirteen of
this article shall continue to hold such position and be governed by the
provisions of this section notwithstanding any contrary provision of
law.
2. (a) TEACHERS AND ALL OTHER MEMBERS OF THE TEACHING STAFF OF SCHOOL
DISTRICTS, INCLUDING COMMON SCHOOL DISTRICTS AND/OR SCHOOL DISTRICTS
EMPLOYING FEWER THAN EIGHT TEACHERS, OTHER THAN CITY SCHOOL DISTRICTS,
WHO ARE APPOINTED ON OR AFTER JULY FIRST, TWO THOUSAND TWENTY-ONE, SHALL
BE APPOINTED BY THE BOARD OF EDUCATION, OR THE TRUSTEES OF COMMON SCHOOL
DISTRICTS, UPON THE RECOMMENDATION OF THE SUPERINTENDENT OF SCHOOLS, FOR
A PROBATIONARY PERIOD OF THREE YEARS, EXCEPT THAT IN THE CASE OF A
TEACHER WHO HAS RENDERED SATISFACTORY SERVICE AS A REGULAR SUBSTITUTE
FOR A PERIOD OF UP TO TWO YEARS AND, IF A CLASSROOM TEACHER, HAS
RECEIVED SATISFACTORY ANNUAL REVIEWS IN EACH OF THOSE YEARS, OR HAS
RENDERED SATISFACTORY SERVICE AS A SEASONALLY LICENSED PER SESSION
TEACHER OF SWIMMING IN DAY SCHOOLS WHO HAS SERVED IN THAT CAPACITY FOR A
PERIOD OF UP TO TWO YEARS AND HAS BEEN APPOINTED TO TEACH THE SAME
SUBJECT IN DAY SCHOOLS, ON AN ANNUAL SALARY, SUCH TEACHER SHALL BE
APPOINTED FOR A PROBATIONARY PERIOD REDUCED PROPORTIONATELY BASED UPON
THE LENGTH OF THE SATISFACTORY SERVICE; PROVIDED, HOWEVER, THAT IN THE
CASE OF A TEACHER WHO HAS BEEN APPOINTED ON TENURE IN ANOTHER SCHOOL
DISTRICT WITHIN THE STATE, THE SCHOOL DISTRICT WHERE CURRENTLY EMPLOYED,
OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND WHO WAS NOT
DISMISSED FROM SUCH DISTRICT OR BOARD AS A RESULT OF CHARGES BROUGHT
PURSUANT TO SUBDIVISION ONE OF SECTION THREE THOUSAND TWENTY-A OR
SECTION THREE THOUSAND TWENTY-B OF THIS ARTICLE, SUCH TEACHER SHALL BE
APPOINTED FOR A PROBATIONARY PERIOD OF TWO YEARS; PROVIDED THAT, IN THE
CASE OF A CLASSROOM TEACHER, THE TEACHER DEMONSTRATES THAT THEY RECEIVED
A SATISFACTORY REVIEW IN THEIR FINAL YEAR OF SERVICE IN SUCH OTHER
SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES. THE
SERVICE OF A PERSON APPOINTED TO ANY SUCH POSITIONS MAY BE DISCONTINUED
AT ANY TIME DURING SUCH PROBATIONARY PERIOD, ON THE RECOMMENDATION OF
THE SUPERINTENDENT OF SCHOOLS, BY A MAJORITY VOTE OF THE BOARD OF EDUCA-
TION OR THE TRUSTEES OF A COMMON SCHOOL DISTRICT.
(B) PRINCIPALS, ADMINISTRATORS, SUPERVISORS AND ALL OTHER MEMBERS OF
THE SUPERVISING STAFF OF SCHOOL DISTRICTS, INCLUDING COMMON SCHOOL
DISTRICTS AND/OR SCHOOL DISTRICTS EMPLOYING FEWER THAN EIGHT TEACHERS,
OTHER THAN CITY SCHOOL DISTRICTS, WHO ARE APPOINTED ON OR AFTER JULY
FIRST, TWO THOUSAND TWENTY-ONE, SHALL BE APPOINTED BY THE BOARD OF
EDUCATION, OR THE TRUSTEES OF A COMMON SCHOOL DISTRICT, UPON THE RECOM-
MENDATION OF THE SUPERINTENDENT OF SCHOOLS FOR A PROBATIONARY PERIOD OF
THREE YEARS. THE SERVICE OF A PERSON APPOINTED TO ANY SUCH POSITIONS MAY
BE DISCONTINUED AT ANY TIME DURING THE PROBATIONARY PERIOD ON THE RECOM-
MENDATION OF THE SUPERINTENDENT OF SCHOOLS, BY A MAJORITY VOTE OF THE
BOARD OF EDUCATION OR THE TRUSTEES OF A COMMON SCHOOL DISTRICT.
S. 910 15
3. (A) At the expiration of the probationary [term] PERIOD of a person
appointed for such [term] PERIOD prior to July first, two thousand
fifteen, subject to the conditions of this section, the superintendent
of schools shall make a written report to the board of education or the
trustees of a common school district recommending for appointment on
tenure those persons who have been found competent, efficient and satis-
factory. Such persons, and all others employed in the teaching service
of the schools of such union free school district, common school
district and/or school district employing fewer than eight teachers, who
have served the probationary period as provided in this section, shall
hold their respective positions during good behavior and efficient and
competent service, and shall not be removed except for any of the
following causes, after a hearing, as provided by section three thousand
twenty-a or section three thousand twenty-b of this article: (a) insub-
ordination, immoral character or conduct unbecoming a teacher; (b) inef-
ficiency, incompetency, physical or mental disability, or neglect of
duty; (c) failure to maintain certification as required by this chapter
and by the regulations of the commissioner. Each person who is not to be
recommended for appointment on tenure, shall be so notified by the
superintendent of schools in writing not later than sixty days imme-
diately preceding the expiration of [his] THE probationary period.
(b) At the expiration of the probationary [term] PERIOD of a person
appointed for such [term] PERIOD on or after July first, two thousand
fifteen, subject to the conditions of this section, the superintendent
of schools shall make a written report to the board of education or the
trustees of a common school district recommending for appointment on
tenure those persons who have been found competent, efficient and satis-
factory and, in the case of a classroom teacher or building principal,
who have received [composite] SATISFACTORY annual [professional perform-
ance review ratings pursuant to section three thousand twelve-c or
section three thousand twelve-d of this article, of either effective or
highly effective] REVIEWS in at least three of the four preceding years,
exclusive of any breaks in service[; provided that, notwithstanding any
other provision of this section to the contrary, when a teacher or prin-
cipal receives an effective or highly effective rating in each year of
his or her probationary service except he or she receives an ineffective
rating in the final year of his or her probationary period, such teacher
shall not be eligible for tenure but the board of education, in its
discretion, may extend the teacher's probationary period for an addi-
tional year; provided, however, that if such teacher or principal
successfully appealed such ineffective rating, such teacher or principal
shall immediately be eligible for tenure if the rating resulting from
the appeal established that such individual has been effective or highly
effective in at least three of the preceding four years and was not
ineffective in the final year. At the expiration of the probationary
period, the classroom teacher or building principal shall remain in
probationary status until the end of the school year in which such
teacher or principal has received such ratings of effective or highly
effective for at least three of the four preceding school years, exclu-
sive of any breaks in service, and subject to the terms hereof, during
which time the trustees or board of education shall consider whether to
grant tenure for those classroom teachers or building principals who
otherwise have been found competent, efficient and satisfactory.
Provided, however, that the trustees or board of education may grant
tenure contingent upon a classroom teacher's or building principal's
receipt of a minimum rating in the final year of the probationary peri-
S. 910 16
od, pursuant to the requirements of this section, and if such contingen-
cy is not met after all appeals have been exhausted, the grant of tenure
shall be void and unenforceable and the teacher's or principal's proba-
tionary period may be extended in accordance with this subdivision].
Such persons who have been recommended for tenure and all others
employed in the teaching service of the schools of such school district
who have served the full probationary period [as extended] pursuant to
this subdivision shall hold their respective positions during good
behavior and efficient and competent service, and shall not be removable
except for cause after a hearing as provided by section three thousand
twenty-a or section three thousand twenty-b of this article. Failure to
maintain certification as required by this chapter and the regulations
of the commissioner shall constitute cause for removal.
[3.] 4. Notwithstanding any other provision of this section no period
in any school year for which there is no required service and/or for
which no compensation is provided shall in any event constitute a break
or suspension of probationary period or continuity of tenure rights of
any of the persons hereinabove described.
§ 4. Section 3014 of the education law, as amended by section 5 of
subpart D of part EE of chapter 56 of the laws of 2015, paragraph (b) of
subdivision 1 as amended by chapter 345 of the laws of 2019, is amended
to read as follows:
§ 3014. Tenure: boards of cooperative educational services. 1. (a)
Administrative assistants, supervisors, teachers and all other members
of the teaching and supervising staff of the board of cooperative educa-
tional services appointed prior to July first, two thousand fifteen,
shall be appointed by a majority vote of the board of cooperative educa-
tional services upon the recommendation of the district superintendent
of schools for a probationary period [of] not to exceed three years;
provided, however, that in the case of a teacher who has been appointed
on tenure in a school district within the state, the board of cooper-
ative educational services where currently employed, or another board of
cooperative educational services, and who was not dismissed from such
district or board as a result of charges brought pursuant to subdivision
one of section three thousand twenty-a or section three thousand twen-
ty-b of this article, the probationary period shall not exceed two
years. Services of a person so appointed to any such positions may be
discontinued at any time during such probationary period, upon the
recommendation of the district superintendent, by a majority vote of the
board of cooperative educational services.
(b) Administrative assistants, supervisors, teachers and all other
members of the teaching and supervising staff of the board of cooper-
ative educational services appointed on or after July first, two thou-
sand fifteen, shall be appointed by a majority vote of the board of
cooperative educational services upon the recommendation of the district
superintendent of schools for a probationary period [of] not to exceed
four years; provided, however, that in the case of a teacher who has
been appointed on tenure in a school district within the state, the
board of cooperative educational services where currently employed, or
another board of cooperative educational services, and who was not
dismissed from such district or board as a result of charges brought
pursuant to section three thousand twenty-a or section three thousand
twenty-b of this article, the teacher shall be appointed for a proba-
tionary period of three years; provided that, in the case of a classroom
teacher, the teacher demonstrates that [he or she] THEY received a
[composite] SATISFACTORY annual [professional performance] review
S. 910 17
[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] THEIR 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, supervisor, or other member of the super-
vising 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 the proba-
tionary period, upon the recommendation of the district superintendent,
by a majority vote of the board of cooperative educational services.
(C) ADMINISTRATIVE ASSISTANTS, SUPERVISORS, TEACHERS AND ALL OTHER
MEMBERS OF THE TEACHING AND SUPERVISING STAFF OF THE BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES APPOINTED ON OR AFTER JULY FIRST, TWO THOU-
SAND TWENTY-ONE, SHALL BE APPOINTED BY A MAJORITY VOTE OF THE BOARD OF
COOPERATIVE EDUCATIONAL SERVICES UPON THE RECOMMENDATION OF THE DISTRICT
SUPERINTENDENT OF SCHOOLS FOR A PROBATIONARY PERIOD NOT TO EXCEED THREE
YEARS; PROVIDED, HOWEVER, THAT IN THE CASE OF A TEACHER WHO HAS BEEN
APPOINTED ON TENURE IN A SCHOOL DISTRICT WITHIN THE STATE, THE BOARD OF
COOPERATIVE EDUCATIONAL SERVICES WHERE CURRENTLY EMPLOYED, OR ANOTHER
BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND WHO WAS NOT DISMISSED
FROM SUCH DISTRICT OR BOARD AS A RESULT OF CHARGES BROUGHT PURSUANT TO
SECTION THREE THOUSAND TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF
THIS ARTICLE, SUCH TEACHER SHALL BE APPOINTED FOR A PROBATIONARY PERIOD
OF TWO YEARS; PROVIDED THAT, IN THE CASE OF A CLASSROOM TEACHER, SUCH
TEACHER DEMONSTRATES THAT THEY RECEIVED A SATISFACTORY ANNUAL REVIEW IN
THEIR FINAL YEAR OF SERVICE IN SUCH OTHER SCHOOL DISTRICT OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES. SERVICES OF A PERSON SO APPOINTED TO
ANY SUCH POSITIONS MAY BE DISCONTINUED AT ANY TIME DURING SUCH PROBA-
TIONARY PERIOD, UPON THE RECOMMENDATION OF THE DISTRICT SUPERINTENDENT,
BY A MAJORITY VOTE OF THE BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
2. (a) On or before the expiration of the probationary [term] PERIOD
of a person appointed for such [term] PERIOD prior to July first, two
thousand fifteen, the district superintendent of schools shall make a
written report to the board of cooperative educational services recom-
mending for appointment on tenure persons who have been found competent,
efficient and satisfactory. Such persons shall hold their respective
positions during good behavior and competent and efficient service and
shall not be removed except for any of the following causes, after a
hearing, as provided by section three thousand twenty-a or section three
thousand twenty-b of this article: (i) Insubordination, immoral charac-
ter or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or
neglect of duty; (iii) Failure to maintain certification as required by
this chapter and by the regulations of the commissioner. Each person who
is not to be so recommended for appointment on tenure shall be so noti-
fied in writing by the district superintendent not later than sixty days
immediately preceding the expiration of [his or her] THEIR probationary
period.
S. 910 18
(b) On or before the expiration of the probationary [term] PERIOD of a
person appointed for such [term] PERIOD on or after July first, two
thousand fifteen, the district superintendent of schools shall make a
written report to the board of cooperative educational services recom-
mending for appointment on tenure persons who have been found competent,
efficient and satisfactory and, in the case of a classroom teacher or
building principal, who have received [composite] annual [professional
performance review ratings pursuant to section three thousand twelve-c
or section three thousand twelve-d of this article, of either effective
or highly effective in at least three of the four preceding years,]
REVIEWS IN AT LEAST THREE OF THE FOUR PRECEDING YEARS, exclusive of any
breaks in service[; provided that, notwithstanding any other provision
of this section to the contrary, when a teacher or principal receives an
effective or highly effective rating in each year of his or her proba-
tionary service except he or she receives an ineffective rating in the
final year of his or her probationary period, such teacher shall not be
eligible for tenure but the board of education in its discretion, may
extend the teacher's probationary period for an additional year;
provided, however that if such teacher or principal successfully
appealed such ineffective rating, such teacher or principal shall imme-
diately be eligible for tenure if the rating resulting from the appeal
established that such individual has been effective or highly effective
in at least three of the preceding four years and was not ineffective in
the final year. At the expiration of the probationary period, the class-
room teacher or building principal shall remain in probationary status
until the end of the school year in which such teacher or principal has
received such ratings of effective or highly effective for at least
three of the four preceding school years, exclusive of any breaks in
service, during which time a board of cooperative educational services
shall consider whether to grant tenure for those classroom teachers or
building principals who otherwise have been found competent, efficient
and satisfactory. Provided, however, that the board of cooperative
educational services may grant tenure contingent upon a classroom teach-
er's or building principal's receipt of a minimum rating in the final
year of the probationary period, pursuant to the requirements of this
section, and if such contingency is not met after all appeals have been
exhausted, the grant of tenure shall be void and unenforceable and the
teacher's or principal's probationary period may be extended in accord-
ance with this subdivision]. Such persons shall hold their respective
positions during good behavior and competent and efficient service and
shall not be removed except for any of the following causes, after a
hearing, as provided by section three thousand twenty-a or section three
thousand twenty-b of this article: (i) Insubordination, immoral charac-
ter or conduct unbecoming a teacher; (ii) Inefficiency, incompetency, or
neglect of duty; (iii) Failure to maintain certification as required by
this chapter and by the regulations of the commissioner. Each person who
is not to be so recommended for appointment on tenure shall be so noti-
fied in writing by the district superintendent not later than sixty days
immediately preceding the expiration of [his or her] THE probationary
period.
§ 5. This act shall take effect immediately.
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