S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9054
 
                             I N  S E N A T E
 
                              April 12, 2024
                                ___________
 
 Introduced  by  Sens.  MAYER, MANNION -- 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  annual  professional
   performance  reviews of teachers and principals; and to repeal section
   3020-b of the education law relating to streamlined removal procedures
   for teachers rated ineffective

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraphs a and b of subdivision 1 of section 2-d of the
 education law, as added by section 1 of subpart L of part AA of  chapter
 56 of the laws of 2014, are  amended to read as follows:
   a.  "Building  principal" means a building principal subject to annual
 performance evaluation review under  the  provisions  of  section  three
 thousand  twelve-c,  SECTION  THREE  THOUSAND TWELVE-D, OR SECTION THREE
 THOUSAND TWELVE-E of this chapter.
   b. "Classroom teacher" means a teacher subject to  annual  performance
 evaluation  review  under  the  provisions  of  section  three  thousand
 twelve-c, SECTION THREE THOUSAND TWELVE-D,  OR  SECTION  THREE  THOUSAND
 TWELVE-E of this chapter.
   § 2. Subparagraph ii of paragraph (a) of subdivision 1 and paragraph b
 of  subdivision  2  of  section 2509 of the education law, as amended by
 chapter 201 of the laws of 2022, are 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 UP TO two years [and, if a classroom teacher,
 has received composite annual professional performance review ratings in
 each of those years], or SUCH TEACHER 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15037-04-4
 S. 9054                             2
 
 been  appointed  to  teach  the same subject in day schools on an annual
 salary, the teacher shall be appointed for a probationary  period  of  A
 MINIMUM  OF  two years, DEPENDING UPON THE LENGTH OF THE REGULAR SUBSTI-
 TUTE  SERVICE  THAT SHALL SHORTEN THE LENGTH OF THE PROBATIONARY PERIOD;
 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 thousand twelve-c or section three thousand twelve-d of this chap-
 ter 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
 thousand  twenty-one--two  thousand twenty-two or the two thousand twen-
 ty-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  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 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 educa-
 tional 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  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] SUCH
 PERSON'S probationary period.
   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  or  the two thousand twenty--two thousand twenty-one
 school year, who have received composite annual professional performance
 review ratings pursuant to section three thousand  twelve-c  or  section
 S. 9054                             3

 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 thou-
 sand  nineteen--two  thousand  twenty, two thousand twenty--two thousand
 twenty-one or  the  two  thousand  twenty-one--two  thousand  twenty-two
 school year; provided that, in the case of a classroom teacher or build-
 ing  principal  appointed during the two thousand eighteen--two thousand
 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-one--two thousand 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 effec-
 tive in at least two of the  four  preceding  years,  exclusive  of  any
 breaks  in  service,  and  did  not receive an ineffective rating in the
 final year of his or her probationary period, or during the most  recent
 school  year  where  a  rating  was received, and would have been in the
 superintendent of  schools'  discretion  qualified  for  appointment  on
 tenure  based  upon  performance, notwithstanding that his or her annual
 professional performance review had not been completed and he or she had
 not received an annual professional performance rating for the two thou-
 sand twenty--two thousand twenty-one  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  or  principal shall not be eligible for tenure but the board of
 education in its discretion, may extend the teacher's probationary peri-
 od 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 result-
 ing  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 recom-
 mended by the superintendent of  schools.  [At  the  expiration  of  the
 probationary  period,  the classroom teacher or building principal shall
 S. 9054                             4

 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, howev-
 er, 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  require-
 ments  of  this  section,  and  if such contingency is not met after all
 appeals have been exhausted, the grant of tenure shall be void and unen-
 forceable 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  proba-
 tionary  period as extended pursuant to this subdivision] ANY PERSON WHO
 HAS ACQUIRED TENURE shall, UPON SUCH  PERSON'S  EFFECTIVE  TENURE  DATE,
 hold  their  [respective  positions]  POSITION  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 AND
 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.  Subparagraphs  i  and  ii  of paragraph (a) of subdivision 1 of
 section 2573 of the education law, subparagraph i as amended by  section
 3 of subpart D of part EE of chapter 56 of the laws of 2015, and subpar-
 agraph  ii as amended by chapter 201 of the laws of 2022, are amended to
 read as follows:
   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 two years or as a seasonally licensed per
 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 probationary period
 shall be limited to 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 handicapped, to  a  posi-
 tion  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
 S. 9054                             5

 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]
 SUCH  PERSON'S  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 twen-
 ty-second day of May, nineteen hundred sixty-nine appointed upon  condi-
 tions  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 subdivision five of
 this section.
   ii. Teachers and all other members of the teaching staff appointed  on
 or  after  July  first,  two  thousand fifteen and authorized by section
 twenty-five hundred fifty-four of this article, shall  be  appointed  by
 the board of education, upon the recommendation of the superintendent of
 schools,  for  a  probationary  period of four years, except that in the
 case of a teacher who has rendered satisfactory  service  as  a  regular
 substitute for a period of UP TO two years [and, if a classroom teacher,
 has  received  annual professional performance review ratings in each of
 those years], or SUCH TEACHER 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 a probationary period of A MINIMUM OF
 two  years,  DEPENDING UPON THE LENGTH OF THE REGULAR SUBSTITUTE SERVICE
 THAT SHALL SHORTEN THE LENGTH  OF  THE  PROBATIONARY  PERIOD;  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 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
 S. 9054                             6

 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]
 SUCH  PERSON'S 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.
   §  4.    Subdivisions 5 and 6 of section 2573 of the education law, as
 amended by section 3 of subpart D of part EE of chapter 56 of  the  laws
 of 2015, paragraph (b) of subdivision 5 and paragraph (b) of subdivision
 6  as amended by chapter 201 of the laws of 2022, are amended to read as
 follows:
   5. (a) 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  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 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.
   (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 or two thousand
 twenty--two thousand twenty-one school year, who have received composite
 annual professional performance review ratings pursuant to section three
 S. 9054                             7

 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 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, two thousand twen-
 ty--two thousand twenty-one or the two thousand twenty-one--two thousand
 twenty-two school year; provided that, in the case of a classroom teach-
 er or building principal appointed during the two thousand eighteen--two
 thousand 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-one--two thousand 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 effec-
 tive in at least two of the  four  preceding  years,  exclusive  of  any
 breaks  in  service,  and  did  not receive an ineffective rating in the
 final year of his or her probationary period or during the  most  recent
 school  year  where  a  rating  was received, and would have been in the
 superintendent of  schools'  discretion  qualified  for  appointment  on
 tenure  based  upon  performance, notwithstanding that his or her annual
 professional performance review had not been completed and he or she had
 not received an annual professional performance rating for the two thou-
 sand twenty--two thousand twenty-one  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 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
 S. 9054                             8

 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]. ANY PERSON WHO HAS ACQUIRED TENURE shall, UPON
 SUCH PERSON'S EFFECTIVE TENURE DATE, hold their  [respective  positions]
 POSITION  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 AND SECTION three thousand twenty-a [or
 section three thousand twenty-b] of this chapter.  Failure  to  maintain
 certification  as  required  by  this chapter and the regulations of the
 commissioner shall constitute cause for removal.
   6. (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  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 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 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
 S. 9054                             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 nineteen--two thousand twenty, two thousand twen-
 ty--two thousand twenty-one or the two thousand twenty-one--two thousand
 twenty-two school year; provided that, in the case of a classroom teach-
 er or building principal appointed during the two thousand eighteen--two
 thousand 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-one--two thousand 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 effec-
 tive in at least two of the  four  preceding  years,  exclusive  of  any
 breaks  in  service,  and  did  not receive an ineffective rating in the
 final year of his or her probationary period or during the  most  recent
 school  year  where  a  rating  was received, and would have been in the
 superintendent of  schools'  discretion  qualified  for  appointment  on
 tenure  based  upon  performance, notwithstanding that his or her annual
 professional performance review had not been completed and he or she had
 not received an annual professional performance rating for the two thou-
 sand twenty--two thousand twenty-one  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-
 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. 9054                            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 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].  ANY  PERSON  WHO  HAS
 ACQUIRED  TENURE  shall,  UPON SUCH PERSON'S EFFECTIVE TENURE DATE, hold
 their [respective positions] POSITION 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 AND 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.
   § 5. 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 (a) of subdivision 1 and paragraph (b) of subdivision 2  as
 amended by chapter 201 of the laws of 2022, and subparagraph ii of para-
 graph  (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
 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  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;
 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 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.
   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  UP  TO  two years [and, if a classroom teacher, has received
 S. 9054                            11

 annual professional performance review ratings in each of those  years,]
 or  SUCH  TEACHER  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 a probationary period of A MINIMUM OF two
 years,  DEPENDING UPON THE LENGTH OF THE REGULAR SUBSTITUTE SERVICE THAT
 SHALL SHORTEN THE LENGTH OF THE PROBATIONARY PERIOD; 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 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  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 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 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 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 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,
 S. 9054                            12
 
 other than city school districts, who are appointed  on  or  after  July
 first,  two  thousand fifteen, shall be appointed by the board of educa-
 tion, or the trustees of a common school district, upon the  recommenda-
 tion  of the superintendent of schools for a probationary period of four
 years; provided, however, that in the case of a  principal,  administra-
 tor,  supervisor,  or other member of the supervising staff who has been
 appointed on tenure pursuant to this chapter as an administrator  within
 an  authorized  administrative  tenure  area  in another school district
 within the state, the school district where  currently  employed,  or  a
 board  of  cooperative  educational  services, and who was not dismissed
 from such district or board as a result of charges brought  pursuant  to
 subdivision  one  of  section  three thousand twenty-a [or section three
 thousand twenty-b] of this article, the principal, administrator, super-
 visor or other member of the supervising staff shall be appointed for  a
 probationary period of three years. The service of a person appointed to
 any  of such positions may be discontinued at any time during the 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)  At  the  expiration  of  the  probationary  term  of a person
 appointed for such term 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 satisfactory.  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 proba-
 tionary 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)]  (I)  insubordination,
 immoral  character  or  conduct unbecoming a teacher; [(b)] (II) ineffi-
 ciency, incompetency, physical or mental disability, or neglect of duty;
 [(c)] (III) failure to maintain certification as required by this  chap-
 ter  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] SUCH PERSON'S probationary
 period.
   (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
 S. 9054                            13

 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 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 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, two  thousand  twen-
 ty--two thousand twenty-one or the two thousand twenty-one--two thousand
 twenty-two school year; provided that, in the case of a classroom teach-
 er or building principal appointed during the two thousand eighteen--two
 thousand  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-one--two thousand 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  effec-
 tive  in  at  least  two  of  the four preceding years, exclusive of any
 breaks in service, and did not receive  an  ineffective  rating  in  the
 final  year of his or her probationary period, or during the most recent
 school year where a rating was received, and  would  have  been  in  the
 superintendent  of  schools'  discretion  qualified  for  appointment on
 tenure based upon performance, notwithstanding that his  or  her  annual
 professional performance review had not been completed and he or she had
 not received an annual professional performance rating for the two thou-
 sand  twenty--two  thousand  twenty-one  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
 S. 9054                            14

 effective in at least three of the preceding  four  years  and  was  not
 ineffective  in  the  final  year. At the expiration of the probationary
 period, the classroom teacher or  building  principal  shall  remain  in
 probationary  status  until  the  end  of  the school year in which such
 teacher or principal has received such ratings of  effective  or  highly
 effective  for at least three of the four preceding school years, exclu-
 sive of any breaks in service, and subject to the terms  hereof,  during
 which  time the trustees or board of education shall consider whether to
 grant tenure for those classroom teachers  or  building  principals  who
 otherwise   have  been  found  competent,  efficient  and  satisfactory.
 Provided, however, that the trustees or board  of  education  may  grant
 tenure  contingent  upon  a  classroom teacher's or building principal's
 receipt of a minimum rating in the final year of the probationary  peri-
 od, pursuant to the requirements of this section, and if such contingen-
 cy is not met after all appeals have been exhausted, the grant of tenure
 shall  be void and unenforceable and the teacher's or principal's proba-
 tionary period may be extended in accordance with this subdivision. Such
 persons who have been recommended for tenure and all others employed  in
 the  teaching  service  of  the schools of such school district who have
 served the full probationary period as extended pursuant to this  subdi-
 vision].  ANY  PERSON  WHO HAS ACQUIRED TENURE shall, UPON SUCH PERSON'S
 EFFECTIVE TENURE DATE, hold their [respective positions] POSITION 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 AND 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. 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.
   § 6. Subdivisions 1, 11, and 17 of section  3012-d  of  the  education
 law, subdivisions 1 and 11 as added by section 2 of subpart E of part EE
 of  chapter  56  of  the  laws of 2015, and subdivision 17 as amended by
 chapter 201 of the laws of 2022, are amended to read as follows:
   1. General provisions. Notwithstanding any  other  provision  of  law,
 rule  or  regulation  to  the contrary, the annual teacher and principal
 evaluations (hereinafter, evaluations) implemented by districts shall be
 conducted in accordance with the provisions of this section. Such annual
 evaluations shall be  a  significant  factor  for  employment  decisions
 including  but  not  limited  to,  promotion, retention, tenure determi-
 nation, termination, and  supplemental  compensation.  Such  evaluations
 shall  also be a significant factor in teacher and principal development
 including but not limited to coaching, induction support, and  differen-
 tiated  professional  development.  PROVIDED,  HOWEVER, THAT FOR THE TWO
 THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFT-
 ER, SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES  MAY
 CONDUCT  ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEWS  PURSUANT TO SECTION
 THREE THOUSAND TWELVE-E OF THIS ARTICLE. IN SUCH CASE, THE PROVISIONS OF
 THIS SECTION SHALL NOT BE APPLICABLE.  PROVIDED, HOWEVER, ANNUAL TEACHER
 AND PRINCIPAL EVALUATION PLANS ADOPTED PURSUANT TO  THIS  SECTION  SHALL
 NOT  BE APPLICABLE AFTER THE TWO THOUSAND THIRTY-ONE--TWO THOUSAND THIR-
 TY-TWO SCHOOL YEAR.
 S. 9054                            15

   11. [Notwithstanding any inconsistent  provision  of  law,  no  school
 district  shall  be eligible for an apportionment of general support for
 public schools from the funds appropriated  for  the  2015--2016  school
 year and any year thereafter in excess of the amount apportioned to such
 school  district in the respective base year unless such school district
 has submitted documentation that has been approved by  the  commissioner
 by  November  fifteenth,  two thousand fifteen, or by September first of
 each subsequent year, demonstrating that it has  fully  implemented  the
 standards  and  procedures  for  conducting annual teacher and principal
 evaluations of teachers and principals in accordance with  the  require-
 ments  of  this  section and the regulations issued by the commissioner.
 Provided further  that  any  apportionment  withheld  pursuant  to  this
 section  shall  not  occur  prior to April first of the current year and
 shall not have any effect on the base year calculation for  use  in  the
 subsequent  school year. For purposes of this section, "base year" shall
 mean the base year as defined in  paragraph  b  of  subdivision  one  of
 section thirty-six hundred two of this chapter, and "current year" shall
 mean  the  current  year as defined in paragraph a of subdivision one of
 section thirty-six hundred two of this chapter] EACH SCHOOL DISTRICT  OR
 BOARD  OF COOPERATIVE EDUCATIONAL SERVICES, AS APPLICABLE, SHALL CERTIFY
 BY SEPTEMBER FIRST OF EACH YEAR THAT THEIR SCHOOL DISTRICT OR  BOARD  OF
 COOPERATIVE  EDUCATIONAL SERVICES HAS A TEACHER AND PRINCIPAL EVALUATION
 PLAN THAT IS IN COMPLIANCE WITH THE REQUIREMENTS OF THIS  SECTION  OR  A
 PERFORMANCE  REVIEW  PLAN THAT IS IN COMPLIANCE WITH THE REQUIREMENTS OF
 SECTION THREE THOUSAND TWELVE-E OF THIS ARTICLE, AS APPLICABLE, AND THAT
 THE DISTRICT OR BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  CONDUCTED
 EVALUATIONS  IN ACCORDANCE WITH THEIR MOST RECENTLY APPROVED PLAN DURING
 THE PRECEDING SCHOOL YEAR. PROVIDED, HOWEVER, THAT A SCHOOL DISTRICT  OR
 BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  MAY ONLY HAVE AN APPROVED
 TEACHER AND PRINCIPAL EVALUATION PLAN PURSUANT  TO  THIS  SECTION  UNTIL
 JUNE THIRTIETH, TWO THOUSAND THIRTY-TWO.
   17.  Notwithstanding  any other provision of this section, for the two
 thousand twenty--two thousand twenty-one and the  two  thousand  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 funding shall not be
 withheld from any school district for not complying  with  the  require-
 ments of this section].
   §  7.  The  education law is amended by adding a new section 3012-e to
 read as follows:
   § 3012-E. TEACHER AND PRINCIPAL PERFORMANCE REVIEW PLANS. 1.  NOTWITH-
 STANDING  ANY OTHER PROVISION OF LAW, RULE, OR REGULATION TO THE CONTRA-
 RY, FOR THE ANNUAL PROFESSIONAL PERFORMANCE REVIEWS RELATED TO  THE  TWO
 THOUSAND TWENTY-FOUR--TWO THOUSAND TWENTY-FIVE SCHOOL YEAR AND THEREAFT-
 ER, A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL
 CONDUCT  PERFORMANCE  REVIEWS OF CLASSROOM TEACHERS AND BUILDING PRINCI-
 PALS IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION OR SECTION  THREE
 THOUSAND  TWELVE-D  OF  THIS  ARTICLE,  AS APPLICABLE. PROVIDED THAT ALL
 SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE  EDUCATIONAL  SERVICES  SHALL
 ADOPT  A  PERFORMANCE REVIEW PLAN PURSUANT TO THIS SECTION NO LATER THAN
 JUNE THIRTIETH, TWO THOUSAND THIRTY-TWO AND SUCH PLAN SHALL BE  USED  TO
 COMPLETE  PERFORMANCE REVIEWS OF CLASSROOM TEACHERS AND BUILDING PRINCI-
 PALS NO LATER THAN THE TWO  THOUSAND  THIRTY-TWO--TWO  THOUSAND  THIRTY-
 THREE  SCHOOL YEAR.  PERFORMANCE REVIEW PLANS DEVELOPED PURSUANT TO THIS
 SECTION SHALL BE THE RESULT OF REACHING A COLLECTIVELY BARGAINED  AGREE-
 S. 9054                            16
 
 MENT  NEGOTIATED  PURSUANT  TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW
 WHERE A RECOGNIZED EMPLOYEE ORGANIZATION EXISTS.
   2.  NOTHING  HEREIN  SHALL REQUIRE MODIFICATION OF AN EXISTING TEACHER
 AND PRINCIPAL EVALUATION PLAN APPROVED BY THE COMMISSIONER  PURSUANT  TO
 SECTION  THREE  THOUSAND  TWELVE-D  OF  THIS ARTICLE AND ALL TEACHER AND
 PRINCIPAL EVALUATION PLANS APPROVED BY THE COMMISSIONER PURSUANT TO  THE
 PROVISIONS  OF SECTION THREE THOUSAND TWELVE-D OF THIS ARTICLE SHALL NOT
 BE AFFECTED BY THE PROVISIONS OF THIS SECTION ON OR BEFORE JUNE  THIRTI-
 ETH,  TWO  THOUSAND  THIRTY-TWO;  PROVIDED,  HOWEVER, THAT WHEN A SCHOOL
 DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES ADOPTS A  PERFORM-
 ANCE  REVIEW PLAN PURSUANT TO THIS SECTION, THE SCHOOL DISTRICT OR BOARD
 OF COOPERATIVE EDUCATIONAL SERVICES  SHALL  NOTIFY  THE  DEPARTMENT  AND
 SUBMIT  THE  NEW  PLAN  TO  THE DEPARTMENT FOR REVIEW ON A FORM AND IN A
 MANNER PRESCRIBED BY THE COMMISSIONER. PROVIDED FURTHER THAT,  PRIOR  TO
 JUNE  THIRTIETH, TWO THOUSAND THIRTY-TWO, A TEACHER AND PRINCIPAL EVALU-
 ATION PLAN MAY STILL BE ADOPTED OR MODIFIED PURSUANT  TO  SECTION  THREE
 THOUSAND TWELVE-D OF THIS ARTICLE CONSISTENT WITH THE PROVISIONS OF SUCH
 SECTION.
   3. THE PERFORMANCE REVIEWS CONDUCTED PURSUANT TO THIS SECTION SHALL BE
 A SIGNIFICANT FACTOR IN TEACHER AND PRINCIPAL DEVELOPMENT, INCLUDING BUT
 NOT  LIMITED  TO COACHING, INDUCTION SUPPORT, AND DIFFERENTIATED PROFES-
 SIONAL DEVELOPMENT FOR ALL TEACHERS AND PRINCIPALS.
   4. (A) A SCHOOL BOARD OR BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES
 SHALL  MAKE ITS MOST RECENTLY ADOPTED AND REVIEWED PLAN PURSUANT TO THIS
 SECTION AVAILABLE ON THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE  EDUCA-
 TIONAL SERVICES' WEBSITE.
   (B)  ON AN ANNUAL BASIS, EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES SHALL SUBMIT TO THE COMMISSIONER  THE  RATINGS  FOR
 EACH  CLASSROOM TEACHER AND BUILDING PRINCIPAL ON EACH APPLICABLE TEACH-
 ING OR LEADERSHIP STANDARD, AS WELL  AS  THE  OVERALL  RATING  FOR  EACH
 TEACHER  AND  PRINCIPAL,  WHERE  AVAILABLE,  ON  A  FORM AND IN A MANNER
 PRESCRIBED BY THE COMMISSIONER. SUCH DATA SHALL BE COLLECTED AND USED TO
 THE EXTENT NECESSARY TO COMPLY WITH ANY  APPLICABLE  STATE  AND  FEDERAL
 STATUTORY REQUIREMENTS.
   (C) THE COMMISSIONER AND EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE
 EDUCATIONAL SERVICES SHALL ENSURE THAT ANY RELEASE TO THE PUBLIC OF DATA
 COLLECTED  PURSUANT TO THIS SECTION, OR ANY OTHER DATA THAT IS USED AS A
 COMPONENT OF PERFORMANCE REVIEWS, DOES NOT INCLUDE PERSONALLY  IDENTIFY-
 ING  INFORMATION  FOR  ANY  CLASSROOM  TEACHER  OR  BUILDING  PRINCIPAL;
 PROVIDED, HOWEVER, THAT EACH SCHOOL DISTRICT  OR  BOARD  OF  COOPERATIVE
 EDUCATIONAL  SERVICES SHALL FULLY DISCLOSE AND RELEASE TO THE PARENTS OR
 LEGAL GUARDIANS OF A STUDENT THE MOST RECENT PERFORMANCE  REVIEW  RATING
 RECEIVED  FOR  EACH  OF THE TEACHERS AND FOR THE PRINCIPAL OF THE SCHOOL
 BUILDING TO WHICH THE STUDENT IS ASSIGNED FOR THE  CURRENT  SCHOOL  YEAR
 CONSISTENT WITH PARAGRAPH B OF SUBDIVISION TEN OF SECTION THREE THOUSAND
 TWELVE-C OF THIS ARTICLE.
   (D)  PERFORMANCE REVIEWS OF INDIVIDUAL CLASSROOM TEACHERS AND BUILDING
 PRINCIPALS SHALL NOT BE SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX OF
 THE PUBLIC OFFICERS LAW.
   5. (A) PERFORMANCE REVIEW PLANS DEVELOPED  PURSUANT  TO  THIS  SECTION
 SHALL:
   (I)  INCLUDE THE CRITERIA BY WHICH ALL CLASSROOM TEACHERS AND BUILDING
 PRINCIPALS SHALL BE REVIEWED AND A DESCRIPTION OF THE REVIEW PROCEDURES;
   (II) ADDRESS EACH STATE TEACHING AND EDUCATIONAL LEADERSHIP  STANDARD,
 AS DEVELOPED OR ADOPTED BY THE COMMISSIONER;
 S. 9054                            17
 
   (III)  CONSIST OF MULTIPLE MEASURES; PROVIDED, HOWEVER, THAT ONE MEAS-
 URE SHALL BE CLASSROOM OBSERVATIONS OF  CLASSROOM  TEACHERS  AND  SCHOOL
 VISITS  OF  BUILDING  PRINCIPALS. THE PLAN SHALL DESCRIBE THE NUMBER AND
 FREQUENCY  OF  OBSERVATIONS;  PROVIDED  THAT  NOTHING  HEREIN  SHALL  BE
 CONSTRUED  TO REQUIRE THAT ALL CLASSROOM TEACHERS OR BUILDING PRINCIPALS
 HAVE THE SAME NUMBER OR FREQUENCY OF OBSERVATIONS.
   (IV) PROVIDE THE CLASSROOM TEACHER OR BUILDING PRINCIPAL WITH  TIMELY,
 ACTIONABLE FEEDBACK ON THEIR PRACTICE BASED ON THE INFORMATION COLLECTED
 AS PART OF THE PERFORMANCE REVIEW;
   (V)  ASSIGN RATINGS ON EACH APPLICABLE TEACHING OR EDUCATIONAL LEADER-
 SHIP STANDARD AND AN OVERALL RATING OF LEVEL 4, LEVEL  3,  LEVEL  2,  OR
 LEVEL 1 CONSISTENT WITH THE FOLLOWING REQUIREMENTS:
   (1)  LEVEL  1  SHALL INDICATE PERFORMANCE SIGNIFICANTLY BELOW A SCHOOL
 DISTRICT'S OR BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES'  EXPECTATIONS
 ALIGNED TO TEACHING OR EDUCATIONAL LEADERSHIP STANDARDS;
   (2)  LEVEL  2 SHALL INDICATE PERFORMANCE THAT PARTIALLY MEETS A SCHOOL
 DISTRICT'S OR BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES'  EXPECTATIONS
 ALIGNED TO TEACHING OR EDUCATIONAL LEADERSHIP STANDARDS;
   (3)  LEVEL 3 SHALL INDICATE PERFORMANCE THAT MEETS A SCHOOL DISTRICT'S
 OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES'  EXPECTATIONS  ALIGNED  TO
 TEACHING OR EDUCATIONAL LEADERSHIP STANDARDS; AND
   (4)   LEVEL  4  SHALL  INDICATE  PERFORMANCE  THAT  EXCEEDS  A  SCHOOL
 DISTRICT'S OR BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES'  EXPECTATIONS
 ALIGNED TO TEACHING OR EDUCATIONAL LEADERSHIP STANDARDS;
   (VI)  ENSURE  THAT  IT IS POSSIBLE FOR A CLASSROOM TEACHER OR BUILDING
 PRINCIPAL TO OBTAIN EACH RATING ON EACH TEACHING OR EDUCATIONAL  LEADER-
 SHIP STANDARD AND AS AN OVERALL RATING. THE PROCESS BY WHICH RATINGS ARE
 ASSIGNED  SHALL  BE TRANSPARENT AND AVAILABLE TO THOSE BEING RATED PRIOR
 TO THE START OF THE SCHOOL YEAR, TO THE EXTENT PRACTICABLE; AND
   (VII) INCLUDE A PROCESS FOR EACH CLASSROOM TEACHER AND BUILDING  PRIN-
 CIPAL  TO  RECEIVE  FORMAL  SUPPORT  FOR  PROFESSIONAL GROWTH EACH YEAR,
 PROVIDED THAT TEACHERS AND PRINCIPALS WHO RECEIVE AN OVERALL  RATING  OF
 LEVEL  1  OR  2 SHALL HAVE A PERSONALIZED PROFESSIONAL DEVELOPMENT PLAN,
 DEVELOPED BY THE SCHOOL DISTRICT OR  BOARD  OF  COOPERATIVE  EDUCATIONAL
 SERVICES, CONSISTENT WITH A LOCALLY DETERMINED GROWTH GOAL SETTING PROC-
 ESS.
   (B)  ONE MEASURE   MAY   BE USED  TO ADDRESS MORE THAN ONE TEACHING OR
 EDUCATIONAL LEADERSHIP STANDARD PROVIDED  THAT  THE  PERFORMANCE  REVIEW
 INCLUDES MULTIPLE MEASURES.
   (C)  PERFORMANCE REVIEWS CONDUCTED PURSUANT TO THIS SECTION MAY ASSESS
 A SUBSET OF THE TEACHING AND EDUCATIONAL LEADERSHIP STANDARDS IN A GIVEN
 YEAR; PROVIDED, HOWEVER, THAT PROBATIONARY CLASSROOM TEACHERS AND BUILD-
 ING PRINCIPALS SHALL BE RATED ON EACH TEACHING OR EDUCATIONAL LEADERSHIP
 STANDARD ANNUALLY.
   (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE  ALL  CLASS-
 ROOM  TEACHERS  OR BUILDING PRINCIPALS TO BE EVALUATED BASED ON THE SAME
 MEASURES OR TO RECEIVE AN OVERALL RATING  ANNUALLY;  PROVIDED,  HOWEVER,
 THAT  AT A MINIMUM, PROBATIONARY TEACHERS AND PRINCIPALS SHALL RECEIVE A
 RATING ON EACH TEACHING OR EDUCATIONAL LEADERSHIP STANDARD AND AN  OVER-
 ALL  RATING  ANNUALLY,  WHILE  OTHER  TEACHERS AND PRINCIPALS MAY HAVE A
 DIFFERENTIATED PERFORMANCE REVIEW PROCESS THAT DOES NOT CULMINATE IN  AN
 OVERALL RATING ANNUALLY. PROVIDED, FURTHER, THAT NOTHING HEREIN SHALL BE
 CONSTRUED  TO PROHIBIT OR PREVENT ANY OTHER TEACHERS AND PRINCIPALS FROM
 RECEIVING AN OVERALL RATING ANNUALLY.
   6. THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE  EDUCATIONAL  SERVICES,
 AS  APPLICABLE,  SHALL  ENSURE  THAT ALL CLASSROOM TEACHERS AND BUILDING
 S. 9054                            18
 
 PRINCIPALS AS WELL AS ANY INDIVIDUAL WHO  CONDUCTS  ALL  OR  PART  OF  A
 PERFORMANCE  REVIEW  RECEIVE  APPROPRIATE  TRAINING  CONSISTENT WITH THE
 REGULATIONS OF THE COMMISSIONER AND SHALL ENSURE THAT EACH  TEACHER  AND
 PRINCIPAL WHO IS REVIEWED IN ACCORDANCE WITH THIS SECTION HAS THE OPPOR-
 TUNITY  TO  PROVIDE WRITTEN COMMENT ON THEIR PERFORMANCE REVIEW IN ADDI-
 TION TO ANY COLLECTIVELY BARGAINED  TEACHER  AND  PRINCIPAL  PERFORMANCE
 REVIEW GRIEVANCE OR APPEAL PROCEDURES.
   7. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT THE UNFETTERED
 STATUTORY RIGHT OF A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL
 SERVICES,  AS  APPLICABLE, TO TERMINATE A PROBATIONARY CLASSROOM TEACHER
 OR  PRINCIPAL  FOR  ANY  STATUTORILY  AND  CONSTITUTIONALLY  PERMISSIBLE
 REASONS.
   8.  PERFORMANCE  REVIEW PLANS DEVELOPED PURSUANT TO THIS SECTION SHALL
 BE SUBMITTED TO THE COMMISSIONER ON A FORM AND IN A MANNER PRESCRIBED BY
 THE COMMISSIONER. THE COMMISSIONER SHALL REVIEW SUCH PLAN  TO  DETERMINE
 COMPLIANCE  WITH  THE  REQUIREMENTS OF THIS SECTION. IF THE COMMISSIONER
 DETERMINES THAT THE SUBMITTED  PLAN  IS  NOT  IN  COMPLIANCE  WITH  THIS
 SECTION,  THE  PLAN SHALL BE RETURNED TO THE SCHOOL DISTRICT OR BOARD OF
 COOPERATIVE EDUCATIONAL SERVICES FOR REVISION. SUCH REVISIONS  SHALL  BE
 RESOLVED  THROUGH  COLLECTIVE  BARGAINING,  TO THE EXTENT REQUIRED UNDER
 ARTICLE FOURTEEN OF THE  CIVIL  SERVICE  LAW.  THE  PLAN  MOST  RECENTLY
 ACCEPTED  BY  THE  COMMISSIONER PURSUANT TO THIS SECTION SHALL REMAIN IN
 EFFECT UNTIL A SUBSEQUENT PLAN IS AGREED TO BY THE PARTIES AND  REVIEWED
 BY  THE  COMMISSIONER  TO  DETERMINE COMPLIANCE WITH THE REQUIREMENTS OF
 THIS SECTION. EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE  EDUCATIONAL
 SERVICES SHALL CERTIFY ANNUALLY TO THE COMMISSIONER THAT THEY HAVE FULLY
 IMPLEMENTED THE PLAN MOST RECENTLY ACCEPTED BY THE COMMISSIONER.
   §  8.  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 and paragraph (b) of subdivision 2 as amended  by  chapter
 201 of the laws of 2022, 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
 S. 9054                            19

 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  class-
 room teacher, the teacher demonstrates that he or she received a compos-
 ite  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,  admin-
 istrator,  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, admin-
 istrator, supervisor, 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  probationary 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 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 cooperative educational services.] Services of a person so
 appointed to any such positions to which this paragraph applies  may  be
 discontinued at any time during the probationary period, upon the recom-
 mendation  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  of  a
 person  appointed  for  such  term  prior  to  July  first, two thousand
 fifteen, the district superintendent of schools  shall  make  a  written
 report to the board of cooperative educational services recommending 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  character  or
 S. 9054                            20
 
 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]  SUCH  PERSON'S
 probationary period.
   (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  prin-
 cipal,  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,  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 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  effec-
 tive  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 in the most recent
 school year where a rating was received, and  would  have  been  in  the
 district superintendent of schools' discretion qualified for appointment
 on tenure based upon performance, notwithstanding that his or her annual
 professional performance review had not been completed and he or she had
 not received an annual professional performance rating for the two thou-
 sand  nineteen--two  thousand  twenty, two thousand twenty--two thousand
 twenty-one or  the  two  thousand  twenty-one--two  thousand  twenty-two
 school year; provided that, in the case of a classroom teacher or build-
 ing  principal  appointed during the two thousand eighteen--two thousand
 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 district 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 superinten-
 dent 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 twen-
 ty-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-one--two  thousand
 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
 S. 9054                            21

 recent school year where a rating was received, and would have  been  in
 the   district  superintendent  of  schools'  discretion  qualified  for
 appointment on tenure based upon performance, notwithstanding  that  his
 or her annual professional performance review had not been completed and
 he or she had not received an annual professional performance rating for
 the  two  thousand twenty--two thousand twenty-one or two thousand twen-
 ty-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 shall not be eligible for tenure but the
 board of education in its discretion, may extend  the  teacher's  proba-
 tionary  period  for  an additional year; provided, however that if such
 teacher or principal successfully appealed such ineffective rating, such
 teacher or principal shall immediately be eligible  for  tenure  if  the
 rating  resulting  from  the appeal established that such individual has
 been effective or highly effective in at least three  of  the  preceding
 four  years and was not ineffective in the final year. At the expiration
 of the probationary period, the classroom teacher or building  principal
 shall  remain in probationary status until the end of the school year in
 which such teacher or principal has received such ratings  of  effective
 or  highly  effective  for  at  least three of the four preceding school
 years, exclusive of any breaks in service, during which time a board  of
 cooperative  educational services shall consider whether to grant tenure
 for those classroom teachers or building principals who  otherwise  have
 been  found  competent,  efficient  and satisfactory. Provided, however,
 that the board of cooperative  educational  services  may  grant  tenure
 contingent upon a classroom teacher's or building principal's receipt of
 a  minimum rating in the final year of the probationary period, pursuant
 to the requirements of this section, and if such contingency is not  met
 after all appeals have been exhausted, the grant of tenure shall be void
 and  unenforceable  and the teacher's or principal's probationary period
 may be extended in accordance with this subdivision]. Such persons shall
 hold their respective positions during good behavior and  competent  and
 efficient service and shall not be removed except for any of the follow-
 ing causes, after a hearing, as provided by section three thousand twen-
 ty-a  [or section three thousand twenty-b] of this article: (i) Insubor-
 dination, immoral  character  or  conduct  unbecoming  a  teacher;  (ii)
 Inefficiency,  incompetency,  or neglect of duty; (iii) Failure to main-
 tain certification as required by this chapter and by the regulations of
 the commissioner. Each person who  is  not  to  be  so  recommended  for
 appointment  on  tenure  shall be so notified in writing by the district
 superintendent not later than sixty days immediately preceding the expi-
 ration of [his or her] SUCH PERSON'S probationary period.
   § 9. Section 3020 of the education law, as amended by chapter  691  of
 the laws of 1994, subdivision 1 as amended by chapter 103 of the laws of
 2010,  subdivision  3  and  paragraph  a  of subdivision 4 as amended by
 section 2 of subpart G of part EE of chapter 56 of the laws of 2015, and
 subdivision 4 as added by section 1 of part J of chapter 93 of the  laws
 of 2002, is amended to read as follows:
   § 3020. Discipline of  teachers. 1. No person enjoying the benefits of
 tenure shall be disciplined or  removed  during  a  term  of  employment
 except for just cause and in accordance with the procedures specified in
 section  three  thousand  twenty-a of this article or in accordance with
 alternate disciplinary procedures contained in a  collective  bargaining
 S. 9054                            22
 
 agreement  covering  [his  or her] SUCH PERSON'S terms and conditions of
 employment that was effective on or  before  September  first,  nineteen
 hundred  ninety-four  and  has  been  unaltered  by renegotiation, or in
 accordance  with  alternative  disciplinary  procedures  contained  in a
 collective bargaining agreement covering  [his  or  her]  SUCH  PERSON'S
 terms  and  conditions  of employment that becomes effective on or after
 September first, nineteen hundred ninety-four; provided,  however,  that
 any  such  alternate  disciplinary  procedures contained in a collective
 bargaining agreement that becomes effective on or after September first,
 nineteen hundred ninety-four, must provide for the written  election  by
 the  employee  of  either the procedures specified in such section three
 thousand twenty-a or the alternative disciplinary  procedures  contained
 in  the collective bargaining agreement and must result in a disposition
 of the disciplinary charge within the amount of  time  allowed  therefor
 under  such  section three thousand twenty-a[; and provided further that
 any alternate disciplinary procedures contained in a collective bargain-
 ing agreement that becomes effective on or after July first,  two  thou-
 sand  ten shall provide for an expedited hearing process before a single
 hearing officer in accordance with subparagraph (i-a) of paragraph c  of
 subdivision  three of section three thousand twenty-a of this article in
 cases in which charges of incompetence are brought based solely upon  an
 allegation  of  a  pattern  of  ineffective  teaching  or performance as
 defined in section three thousand twelve-c of  this  article  and  shall
 provide that such a pattern of ineffective teaching or performance shall
 constitute  very significant evidence of incompetence which may form the
 basis for just cause removal].
   2. No person enjoying the benefits of tenure shall be suspended for  a
 fixed  time without pay or dismissed due to a violation of article thir-
 teen-E of the public health law.
   3. Notwithstanding any inconsistent provision of law,  the  procedures
 set  forth in section three thousand twenty-a of this article and subdi-
 vision seven of section twenty-five hundred ninety-j of this chapter may
 be modified or replaced by agreements negotiated between the city school
 district of the city of New York and any employee  organization  repres-
 enting employees or titles that are or were covered by any memorandum of
 agreement  executed  by  such  city  school  district and the council of
 supervisors and administrators of the city  of  New  York  on  or  after
 December  first, nineteen hundred ninety-nine. Where such procedures are
 so modified or  replaced:  (i)  compliance  with  such  modification  or
 replacement  procedures shall satisfy any provision in this chapter that
 requires  compliance  with  section  three  thousand  twenty-a  OF  THIS
 ARTICLE,  (ii)  any  employee  against  whom charges have been preferred
 prior to the effective date of such modification  or  replacement  shall
 continue to be subject to the provisions of such section as in effect on
 the  date  such charges were preferred, (iii) the provisions of subdivi-
 sions one and two of this section shall not apply to agreements  negoti-
 ated pursuant to this subdivision, and (iv) in accordance with paragraph
 (e)  of  subdivision  one  of  section  two  hundred nine-a of the civil
 service law, such modification or replacement procedures contained in an
 agreement negotiated pursuant to  this  subdivision  shall  continue  as
 terms  of  such  agreement after its expiration until a new agreement is
 negotiated[;  provided  that  any  alternate   disciplinary   procedures
 contained in a collective bargaining agreement that becomes effective on
 or  after  July  first,  two thousand ten shall provide for an expedited
 hearing process before a  single  hearing  officer  in  accordance  with
 subparagraph  (i-a) of paragraph c of subdivision three of section three
 S. 9054                            23

 thousand twenty-a of this article in cases in which charges of  incompe-
 tence  are  brought  against  a  building principal based solely upon an
 allegation of a  pattern  of  ineffective  teaching  or  performance  as
 defined  in  section  three  thousand twelve-c of this article and shall
 provide that such a pattern of ineffective teaching or performance shall
 constitute very significant evidence of incompetence which may form  the
 basis  for  just  cause  removal  of the building principal and provided
 further that  any  alternate  disciplinary  procedures  contained  in  a
 collective  bargaining agreement that becomes effective on or after July
 first, two thousand fifteen shall provide that all hearings pursuant  to
 sections  three  thousand  twenty-a  or  three thousand twenty-b of this
 article shall be conducted before a single hearing officer and that  two
 consecutive ineffective ratings pursuant to annual professional perform-
 ance  reviews  conducted  in  accordance  with the provisions of section
 three thousand twelve-c or three thousand twelve-d of this article shall
 constitute prima facie evidence of incompetence that can only  be  over-
 come  by clear and convincing evidence that the employee is not incompe-
 tent in light of all surrounding circumstances, and if not  successfully
 overcome, the finding, absent extraordinary circumstances, shall be just
 cause for removal, and that three consecutive ineffective ratings pursu-
 ant  to  annual professional performance reviews conducted in accordance
 with the provisions of section three thousand twelve-c or three thousand
 twelve-d of this article shall constitute prima facie evidence of incom-
 petence that can only be overcome by clear and convincing evidence  that
 the  calculation of one or more of the principal's underlying components
 on the annual professional performance reviews pursuant to section three
 thousand twelve-c or three thousand twelve-d of this article was fraudu-
 lent, and if not successfully overcome,  the  finding,  absent  extraor-
 dinary  circumstances,  shall be just cause for removal. For purposes of
 this subdivision, fraud shall include mistaken identity].  Notwithstand-
 ing any inconsistent provision of law, the commissioner shall review any
 appeals authorized by such modification or replacement procedures within
 fifteen  days  from  receipt by such commissioner of the record of prior
 proceedings in the matter subject to  appeal.  Such  review  shall  have
 preference  over  all  other  appeals or proceedings pending before such
 commissioner.
   4. a. Notwithstanding any inconsistent provision of  law,  the  proce-
 dures  set  forth in section three thousand twenty-a of this article and
 subdivision seven of section twenty-five hundred ninety-j of this  chap-
 ter  may  be  modified  by agreements negotiated between the city school
 district of the city of New York and any employee  organization  repres-
 enting employees or titles that are or were covered by any memorandum of
 agreement  executed  by  such city school district and the united feder-
 ation of teachers on or after June tenth, two thousand two.  Where  such
 procedures are so modified: (i) compliance with such modified procedures
 shall  satisfy  any  provision  of this chapter that requires compliance
 with section three thousand twenty-a of this article; (ii) any  employee
 against  whom charges have been preferred prior to the effective date of
 such modification shall continue to be subject to the provisions of such
 section as in effect on the date such charges were preferred; (iii)  the
 provisions  of  subdivisions one and two of this section shall not apply
 to agreements negotiated pursuant to this subdivision,  except  that  no
 person  enjoying  the benefits of tenure shall be disciplined or removed
 during a term of employment except for just cause; and (iv)  in  accord-
 ance with paragraph (e) of subdivision one of section two hundred nine-a
 of  the  civil  service  law,  such  modified procedures contained in an
 S. 9054                            24
 
 agreement negotiated pursuant to  this  subdivision  shall  continue  as
 terms  of  such  agreement after its expiration until a new agreement is
 negotiated[; and provided further that any alternate disciplinary proce-
 dures contained in a collective bargaining agreement that becomes effec-
 tive on or after July first, two thousand ten shall provide for an expe-
 dited hearing process before a single hearing officer in accordance with
 subparagraph  (i-a) of paragraph c of subdivision three of section three
 thousand twenty-a of this article in cases in which charges of  incompe-
 tence  are brought based solely upon an allegation of a pattern of inef-
 fective teaching or performance as defined  in  section  three  thousand
 twelve-c  of this article and shall provide that such a pattern of inef-
 fective  teaching  or  performance  shall  constitute  very  significant
 evidence  of  incompetence  which  may  form  the  basis  for just cause
 removal, and provided further that any alternate disciplinary procedures
 contained in a collective bargaining agreement that becomes effective on
 or after July first, two thousand fifteen shall provide that  all  hear-
 ings  pursuant  to  sections  three  thousand twenty-a or three thousand
 twenty-b of this article shall be  conducted  before  a  single  hearing
 officer  and that two consecutive ineffective ratings pursuant to annual
 professional  performance  reviews  conducted  in  accordance  with  the
 provisions of section three thousand twelve-c or three thousand twelve-d
 of  this  article  shall constitute prima facie evidence of incompetence
 that can only be overcome by clear  and  convincing  evidence  that  the
 employee  is  not incompetent in light of all surrounding circumstances,
 and if not successfully  overcome,  the  finding,  absent  extraordinary
 circumstances,  shall  be just cause for removal, and that three consec-
 utive ineffective ratings pursuant to  annual  professional  performance
 reviews  conducted  in  accordance  with the provisions of section three
 thousand twelve-c or three  thousand  twelve-d  of  this  article  shall
 constitute  prima  facie evidence of incompetence that can only be over-
 come by clear and convincing evidence that the  calculation  of  one  or
 more  of  the teacher's underlying components on the annual professional
 performance reviews pursuant to section three thousand twelve-c or three
 thousand twelve-d of this article was fraudulent, and if not successful-
 ly overcome, the finding, absent extraordinary circumstances,  shall  be
 just  cause  for  removal.  For  purposes of this paragraph, fraud shall
 include mistaken identity].
   b. Any modifications to the procedures  set  forth  in  section  three
 thousand twenty-a of this article and subdivision seven of section twen-
 ty-five  hundred ninety-j of this chapter shall not change the manner in
 which the fees and expenses of such proceedings pursuant to  the  afore-
 said sections are paid.
   § 10.  Section 3020-b of the education law is REPEALED.
   § 11. This act shall take effect immediately.