STATE OF NEW YORK ________________________________________________________________________ 8020 2021-2022 Regular Sessions IN ASSEMBLY June 4, 2021 ___________ Introduced by M. of A. BENEDETTO -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to the granting of tenure The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (b) of subdivision 2 of section 3012 of the 2 education law, as amended by a chapter of the laws of 2021 amending the 3 education law relating to the granting of tenure, as proposed in legis- 4 lative bills numbers S.5576-C and A.6750-B, is amended to read as 5 follows: 6 (b) At the expiration of the probationary term of a person appointed 7 for such term on or after July first, two thousand fifteen, subject to 8 the conditions of this section, the superintendent of schools shall make 9 a written report to the board of education or the trustees of a common 10 school district recommending for appointment on tenure those persons who 11 have been found competent, efficient and satisfactory and, in the case 12 of a classroom teacher or building principal, who have received compos- 13 ite annual professional performance review ratings pursuant to section 14 three thousand twelve-c or section three thousand twelve-d of this arti- 15 cle, of either effective or highly effective in at least three of the 16 four preceding years, exclusive of any breaks in service; provided that 17 in the case of a classroom teacher or building principal appointed 18 during the two thousand seventeen--two thousand eighteen, two thousand 19 eighteen--two thousand nineteen or two thousand nineteen--two thousand 20 twenty school year, who have received composite annual professional 21 performance review ratings pursuant to section three thousand twelve-c 22 or section three thousand twelve-d of this article, of either effective 23 or highly effective in at least one of the four preceding years, exclu- 24 sive of any breaks in service, and did not receive an ineffective rating 25 in the final year of his or her probationary period, or during the most 26 recent school year where a rating was received, and would have been in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09855-19-1

A. 8020 2 1 the superintendent of schools' discretion qualified for appointment on 2 tenure based upon performance, notwithstanding that his or her annual 3 professional performance review had not been completed and he or she had 4 not received an annual professional performance rating for the two thou- 5 sand nineteen--two thousand twenty and two thousand twenty--two thousand 6 twenty-one school years; provided that, in the case of a classroom 7 teacher or building principal appointed during the two thousand twenty- 8 -two thousand twenty-one school year who have received composite annual 9 professional performance review ratings pursuant to section three thou- 10 sand twelve-c or section three thousand twelve-d of this article of 11 either effective or highly effective in at least two of the four preced- 12 ing years, exclusive of any breaks in service, and did not receive an 13 ineffective rating in the final year of his or her probationary period, 14 or during the most recent school year where a rating was received, and 15 would have been in the superintendent of schools' discretion qualified 16 for appointment on tenure based upon performance, notwithstanding that 17 his or her annual professional performance review had not been completed 18 and he or she had not received an annual professional performance rating 19 for the two thousand twenty--two thousand twenty-one school year; 20 provided further that, notwithstanding any other provision of this 21 section to the contrary, when a teacher or principal receives an effec- 22 tive or highly effective rating in each year of his or her probationary 23 service except he or she receives an ineffective rating in the final 24 year of his or her probationary period, such teacher shall not be eligi- 25 ble for tenure but the board of education, in its discretion, may extend 26 the teacher's probationary period for an additional year; provided, 27 however, that if such teacher or principal successfully appealed such 28 ineffective rating, such teacher or principal shall immediately be 29 eligible for tenure if the rating resulting from the appeal established 30 that such individual has been effective or highly effective in at least 31 three of the preceding four years and was not ineffective in the final 32 year. At the expiration of the probationary period, the classroom teach- 33 er or building principal shall remain in probationary status until the 34 end of the school year in which such teacher or principal has received 35 such ratings of effective or highly effective for at least three of the 36 four preceding school years, exclusive of any breaks in service, and 37 subject to the terms hereof, during which time the trustees or board of 38 education shall consider whether to grant tenure for those classroom 39 teachers or building principals who otherwise have been found competent, 40 efficient and satisfactory. Provided, however, that the trustees or 41 board of education may grant tenure contingent upon a classroom teach- 42 er's or building principal's receipt of a minimum rating in the final 43 year of the probationary period, pursuant to the requirements of this 44 section, and if such contingency is not met after all appeals have been 45 exhausted, the grant of tenure shall be void and unenforceable and the 46 teacher's or principal's probationary period may be extended in accord- 47 ance with this subdivision. Such persons who have been recommended for 48 tenure and all others employed in the teaching service of the schools of 49 such school district who have served the full probationary period as 50 extended pursuant to this subdivision shall hold their respective posi- 51 tions during good behavior and efficient and competent service, and 52 shall not be removable except for cause after a hearing as provided by 53 section three thousand twenty-a or section three thousand twenty-b of 54 this article. Failure to maintain certification as required by this 55 chapter and the regulations of the commissioner shall constitute cause 56 for removal.

A. 8020 3 1 § 2. Subdivision 17 of section 3012-d of the education law, as added 2 by a chapter of the laws of 2021 amending the education law relating to 3 the granting of tenure, as proposed in legislative bills numbers 4 S.5576-C and A.6750-B, is amended to read as follows: 5 17. Notwithstanding any other provision of this section, for the two 6 thousand twenty--two thousand twenty-one school year, no school district 7 or board of cooperative educational services shall be required to 8 complete an annual teacher and principal evaluation required by this 9 section for any classroom teacher or building principal and state fund- 10 ing shall not be withheld from any school district for not complying 11 with the requirements of this section. 12 § 3. Paragraph (b) of subdivision 2 of section 3014 of the education 13 law, as amended by a chapter of the laws of 2021 amending the education 14 law relating to the granting of tenure, as proposed in legislative bills 15 numbers S.5576-C and A.6750-B, is amended to read as follows: 16 (b) On or before the expiration of the probationary term of a person 17 appointed for such term on or after July first, two thousand fifteen, 18 the district superintendent of schools shall make a written report to 19 the board of cooperative educational services recommending for appoint- 20 ment on tenure persons who have been found competent, efficient and 21 satisfactory and, in the case of a classroom teacher or building princi- 22 pal, who have received composite annual professional performance review 23 ratings pursuant to section three thousand twelve-c or section three 24 thousand twelve-d of this article, of either effective or highly effec- 25 tive in at least three of the four preceding years, exclusive of any 26 breaks in service; provided that, in the case of a classroom teacher or 27 building principal appointed during the two thousand seventeen--two 28 thousand eighteen, two thousand eighteen--two thousand nineteen or two 29 thousand nineteen--two thousand twenty school year who have received 30 composite annual professional performance review ratings pursuant to 31 section three thousand twelve-c or section three thousand twelve-d of 32 this article of either effective or highly effective in at least one of 33 the four preceding years, exclusive of any breaks in service, and did 34 not receive an ineffective rating in the final year of his or her proba- 35 tionary period or in the most recent school year where a rating was 36 received, and would have been in the district superintendent of schools' 37 discretion qualified for appointment on tenure based upon performance, 38 notwithstanding that his or her annual professional performance review 39 had not been completed and he or she had not received an annual profes- 40 sional performance rating for the two thousand nineteen--two thousand 41 twenty and two thousand twenty--two thousand twenty-one school years; 42 provided that, in the case of a classroom teacher or building principal 43 appointed during the two thousand twenty--two thousand twenty-one school 44 year who have received composite annual professional performance review 45 ratings pursuant to section three thousand twelve-c or section three 46 thousand twelve-d of this article of either effective or highly effec- 47 tive in at least two of the four preceding years, exclusive of any 48 breaks in service, and did not receive an ineffective rating in the 49 final year of his or her probationary period, or during the most recent 50 school year where a rating was received, and would have been in the 51 district superintendent of schools' discretion qualified for appointment 52 on tenure based upon performance, notwithstanding that his or her annual 53 professional performance review had not been completed and he or she had 54 not received an annual professional performance rating for the two thou- 55 sand twenty--two thousand twenty-one school year; provided further that, 56 notwithstanding any other provision of this section to the contrary,

A. 8020 4 1 when a teacher or principal receives an effective or highly effective 2 rating in each year of his or her probationary service except he or she 3 receives an ineffective rating in the final year of his or her proba- 4 tionary period, such teacher shall not be eligible for tenure but the 5 board of education in its discretion, may extend the teacher's proba- 6 tionary period for an additional year; provided, however that if such 7 teacher or principal successfully appealed such ineffective rating, such 8 teacher or principal shall immediately be eligible for tenure if the 9 rating resulting from the appeal established that such individual has 10 been effective or highly effective in at least three of the preceding 11 four years and was not ineffective in the final year. At the expiration 12 of the probationary period, the classroom teacher or building principal 13 shall remain in probationary status until the end of the school year in 14 which such teacher or principal has received such ratings of effective 15 or highly effective for at least three of the four preceding school 16 years, exclusive of any breaks in service, during which time a board of 17 cooperative educational services shall consider whether to grant tenure 18 for those classroom teachers or building principals who otherwise have 19 been found competent, efficient and satisfactory. Provided, however, 20 that the board of cooperative educational services may grant tenure 21 contingent upon a classroom teacher's or building principal's receipt of 22 a minimum rating in the final year of the probationary period, pursuant 23 to the requirements of this section, and if such contingency is not met 24 after all appeals have been exhausted, the grant of tenure shall be void 25 and unenforceable and the teacher's or principal's probationary period 26 may be extended in accordance with this subdivision. Such persons shall 27 hold their respective positions during good behavior and competent and 28 efficient service and shall not be removed except for any of the follow- 29 ing causes, after a hearing, as provided by section three thousand twen- 30 ty-a or section three thousand twenty-b of this article: (i) Insubordi- 31 nation, immoral character or conduct unbecoming a teacher; (ii) 32 Inefficiency, incompetency, or neglect of duty; (iii) Failure to main- 33 tain certification as required by this chapter and by the regulations of 34 the commissioner. Each person who is not to be so recommended for 35 appointment on tenure shall be so notified in writing by the district 36 superintendent not later than sixty days immediately preceding the expi- 37 ration of his or her probationary period. 38 § 4. Paragraph (b) of subdivision 1 of section 3014 of the education 39 law, as amended by a chapter of the laws of 2021 amending the education 40 law relating to the granting of tenure, as proposed in legislative bills 41 numbers S.5576-C and A.6750-B, is amended to read as follows: 42 (b) Administrative assistants, supervisors, teachers and all other 43 members of the teaching and supervising staff of the board of cooper- 44 ative educational services appointed on or after July first, two thou- 45 sand fifteen, shall be appointed by a majority vote of the board of 46 cooperative educational services upon the recommendation of the district 47 superintendent of schools for a probationary period of not to exceed 48 four years; provided, however, that in the case of a teacher who has 49 been appointed on tenure in a school district within the state, the 50 board of cooperative educational services where currently employed, or 51 another board of cooperative educational services, and who was not 52 dismissed from such district or board as a result of charges brought 53 pursuant to section three thousand twenty-a or section three thousand 54 twenty-b of this article, the teacher shall be appointed for a proba- 55 tionary period of three years; provided that, in the case of a classroom 56 teacher, the teacher demonstrates that he or she received a composite

A. 8020 5 1 annual professional performance review rating pursuant to section three 2 thousand twelve-c or three thousand twelve-d of this article of either 3 effective or highly effective in his or her final year of service in 4 such other school district or board of cooperative educational services; 5 and provided further that in the case of a principal, administrator, 6 supervisor, or other member of the supervising staff who has been 7 appointed on tenure pursuant to this chapter as an administrator within 8 an authorized administrative tenure area in another school district 9 within the state, the school district where currently employed, or a 10 board of cooperative educational services, and who was not dismissed 11 from such district or board as a result of charges brought pursuant to 12 subdivision one of section three thousand twenty-a or section three 13 thousand twenty-b of this article, the principal, administrator, super- 14 visor, or other member of the supervising staff shall be appointed for a 15 probationary period of three years. Provided further, however, that in 16 the case of a classroom teacher who has been appointed for a probation- 17 ary period during the two thousand twenty--two thousand twenty-one 18 school year and who has been appointed on tenure in a school district 19 within the state, state school for the blind or deaf, the board of coop- 20 erative educational services where currently employed, or another board 21 of cooperative educational services, and who was not dismissed from such 22 district, board or state school for the blind or deaf as a result of 23 charges brought pursuant to section three thousand twenty-a or section 24 three thousand twenty-b of this article, such teacher shall be appointed 25 for a probationary period of three years; provided that, in the case of 26 a classroom teacher, such teacher demonstrates that he or she received 27 an annual professional performance review rating pursuant to section 28 three thousand twelve-c or section three thousand twelve-d of this arti- 29 cle of either effective or highly effective in the two thousand seven- 30 teen--two thousand eighteen or two thousand eighteen--two thousand nine- 31 teen school year in such other school district, state school for the 32 blind or deaf or board of cooperative educational services. Services of 33 a person so appointed to any such positions to which this paragraph 34 applies may be discontinued at any time during the probationary period, 35 upon the recommendation of the district superintendent, by a majority 36 vote of the board of cooperative educational services. 37 § 5. Paragraph b of subdivision 2 of section 2509 of the education 38 law, as amended by a chapter of the laws of 2021 amending the education 39 law relating to the granting of tenure, as proposed in legislative bills 40 numbers S.5576-C and A.6750-B, is amended to read as follows: 41 b. For persons appointed on or after July first, two thousand fifteen, 42 at the expiration of the probationary term of any persons appointed for 43 such term, or within six months prior thereto, the superintendent of 44 schools shall make a written report to the board of education recommend- 45 ing for appointment on tenure those persons who have been found compe- 46 tent, efficient and satisfactory and in the case of a classroom teacher 47 or building principal, who have received annual professional performance 48 review ratings pursuant to section three thousand twelve-c or section 49 three thousand twelve-d of this chapter, of either effective or highly 50 effective in at least three of the four preceding years, exclusive of 51 any breaks in service; provided that, in the case of a classroom teacher 52 or building principal appointed during the two thousand seventeen--two 53 thousand eighteen, two thousand eighteen--two thousand nineteen or two 54 thousand nineteen--two thousand twenty school year, who have received 55 composite annual professional performance review ratings pursuant to 56 section three thousand twelve-c or section three thousand twelve-d of

A. 8020 6 1 this chapter, of either effective or highly effective in at least one of 2 the four preceding years, exclusive of any breaks in service, and did 3 not receive an ineffective rating in the final year of his or her proba- 4 tionary period, or during the most recent school year where a rating was 5 received, and would have been in the superintendent of schools' 6 discretion qualified for appointment on tenure based upon performance, 7 notwithstanding that his or her annual professional performance review 8 had not been completed and he or she had not received an annual profes- 9 sional performance rating for the two thousand nineteen--two thousand 10 twenty and two thousand twenty--two thousand twenty-one school years; 11 provided that, in the case of a classroom teacher or building principal 12 appointed during the two thousand twenty--two thousand twenty-one school 13 year who have received composite annual professional performance review 14 ratings pursuant to section three thousand twelve-c or section three 15 thousand twelve-d of this chapter of either effective or highly effec- 16 tive in at least two of the four preceding years, exclusive of any 17 breaks in service, and did not receive an ineffective rating in the 18 final year of his or her probationary period, or during the most recent 19 school year where a rating was received, and would have been in the 20 superintendent of schools' discretion qualified for appointment on 21 tenure based upon performance, notwithstanding that his or her annual 22 professional performance review had not been completed and he or she had 23 not received an annual professional performance rating for the two thou- 24 sand twenty--two thousand twenty-one school year; provided further that, 25 notwithstanding any other provision of this section to the contrary, 26 when a teacher or principal receives an effective or highly effective 27 rating in each year of his or her probationary service except he or she 28 receives an ineffective rating in the final year of his or her proba- 29 tionary period, such teacher or principal shall not be eligible for 30 tenure but the board of education in its discretion, may extend the 31 teacher's probationary period for an additional year; provided, however, 32 that if such teacher or principal successfully appealed such ineffective 33 rating, such teacher or principal shall immediately be eligible for 34 tenure if the rating resulting from the appeal established that such 35 individual has been effective or highly effective in at least three of 36 the preceding four years and was not ineffective in the final year. By a 37 majority vote, the board of education may then appoint on tenure any or 38 all of the persons recommended by the superintendent of schools. At the 39 expiration of the probationary period, the classroom teacher or building 40 principal shall remain in probationary status until the end of the 41 school year in which such teacher or principal has received such ratings 42 of effective or highly effective for at least three of the four preced- 43 ing school years exclusive of any breaks in service and subject to the 44 terms hereof, during which time a board of education shall consider 45 whether to grant tenure for those classroom teachers or building princi- 46 pals who otherwise have been found competent, efficient and satisfac- 47 tory. Provided, however, that the board of education may grant tenure 48 contingent upon a classroom teacher's or building principal's receipt of 49 a minimum rating in the final year of the probationary period, pursuant 50 to the requirements of this section, and if such contingency is not met 51 after all appeals have been exhausted, the grant of tenure shall be void 52 and unenforceable and the teacher's or principal's probationary period 53 may be extended in accordance with this subdivision. Such persons who 54 have been recommended for tenure and all others employed in the teaching 55 service of the schools of such school district who have served the full 56 probationary period as extended pursuant to this subdivision shall hold

A. 8020 7 1 their respective positions during good behavior and efficient and compe- 2 tent service, and shall not be removable except for cause after a hear- 3 ing as provided by section three thousand twenty-a or section three 4 thousand twenty-b of this chapter. Failure to maintain certification as 5 required by this chapter and the regulations of the commissioner shall 6 constitute cause for removal. 7 § 6. Paragraph (b) of subdivision 5 of section 2573 of the education 8 law, as amended by a chapter of the laws of 2021 amending the education 9 law relating to the granting of tenure, as proposed in legislative bills 10 numbers S.5576-C and A.6750-B, is amended to read as follows: 11 (b) At the expiration of the probationary term of any persons 12 appointed for such term on or after July first, two thousand fifteen, 13 the superintendent of schools shall make a written report to the board 14 of education recommending for permanent appointment those persons who 15 have been found competent, efficient and satisfactory and, in the case 16 of a classroom teacher or building principal, who have received compos- 17 ite annual professional performance review ratings pursuant to section 18 three thousand twelve-c or section three thousand twelve-d of this chap- 19 ter, of either effective or highly effective in at least three of the 20 four preceding years, exclusive of any breaks in service; provided that, 21 in the case of a classroom teacher or building principal appointed 22 during the two thousand seventeen--two thousand eighteen, two thousand 23 eighteen--two thousand nineteen or two thousand nineteen--two thousand 24 twenty school year, who have received composite annual professional 25 performance review ratings pursuant to section three thousand twelve-c 26 or section three thousand twelve-d of this chapter of either effective 27 or highly effective in at least one of the four preceding years, exclu- 28 sive of any breaks in service, and did not receive an ineffective rating 29 in the final year of his or her probationary period or during the most 30 recent school year where a rating was received, and would have been in 31 the superintendent of schools' discretion qualified for appointment on 32 tenure based upon performance, notwithstanding that his or her annual 33 professional performance review had not been completed and he or she had 34 not received an annual professional performance rating for the two thou- 35 sand nineteen--two thousand twenty and two thousand twenty--two thousand 36 twenty-one school years; provided that, in the case of a classroom 37 teacher or building principal appointed during the two thousand twenty- 38 -two thousand twenty-one school year who have received composite annual 39 professional performance review ratings pursuant to section three thou- 40 sand twelve-c or section three thousand twelve-d of this chapter of 41 either effective or highly effective in at least two of the four preced- 42 ing years, exclusive of any breaks in service, and did not receive an 43 ineffective rating in the final year of his or her probationary period 44 or during the most recent school year where a rating was received, and 45 would have been in the superintendent of schools' discretion qualified 46 for appointment on tenure based upon performance, notwithstanding that 47 his or her annual professional performance review had not been completed 48 and he or she had not received an annual professional performance rating 49 for the two thousand twenty--two thousand twenty-one school year; 50 provided further that, notwithstanding any other provision of this 51 section to the contrary, when a teacher or principal receives an effec- 52 tive and/or highly effective rating in each year of his or her proba- 53 tionary service except he or she receives an ineffective rating in the 54 final year of his or her probationary period, such teacher or principal 55 shall not be eligible for tenure but the board of education in its 56 discretion, may extend the teacher's probationary period for an addi-

A. 8020 8 1 tional year; provided, however, that if such teacher or principal 2 successfully appealed such ineffective rating, such teacher or principal 3 shall immediately be eligible for tenure if the rating resulting from 4 the appeal established that such individual has been effective or highly 5 effective in at least three of the preceding four years. At the expira- 6 tion of the probationary period, the classroom teacher or building prin- 7 cipal shall remain in probationary status until the end of the school 8 year in which such teacher or principal has received such ratings of 9 effective or highly effective for at least three of the four preceding 10 school years, exclusive of any breaks in service and subject to the 11 terms hereof, during which time a board of education shall consider 12 whether to grant tenure for those classroom teachers or building princi- 13 pals who otherwise have been found competent, efficient and satisfac- 14 tory. Provided, however, that the board of education may grant tenure 15 contingent upon a classroom teacher's or building principal's receipt of 16 a minimum rating in the final year of the probationary period, pursuant 17 to the requirements of this section, and if such contingency is not met 18 after all appeals have been exhausted, the grant of tenure shall be void 19 and unenforceable and the teacher's or principal's probationary period 20 may be extended in accordance with this subdivision. Such persons who 21 have been recommended for tenure and all others employed in the teaching 22 service of the schools of such school district who have served the full 23 probationary period as extended pursuant to this subdivision shall hold 24 their respective positions during good behavior and efficient and compe- 25 tent service, and shall not be removable except for cause after a hear- 26 ing as provided by section three thousand twenty-a or section three 27 thousand twenty-b of this chapter. Failure to maintain certification as 28 required by this chapter and the regulations of the commissioner shall 29 constitute cause for removal. 30 § 7. Paragraph (b) of subdivision 6 of section 2573 of the education 31 law, as amended by a chapter of the laws of 2021 amending the education 32 law relating to the granting of tenure, as proposed in legislative bills 33 numbers S.5576-C and A.6750-B, is amended to read as follows: 34 (b) At the expiration of the probationary term of any persons 35 appointed for such term on or after July first, two thousand fifteen, 36 the superintendent of schools shall make a written report to the board 37 of education recommending for permanent appointment those persons who 38 have been found competent, efficient and satisfactory and, in the case 39 of a classroom teacher or building principal, who have received compos- 40 ite annual professional performance review ratings pursuant to section 41 three thousand twelve-c or section three thousand twelve-d of this chap- 42 ter, of either effective or highly effective in at least three of the 43 four preceding years, exclusive of any breaks in service; provided that, 44 in the case of a classroom teacher or building principal appointed 45 during the two thousand seventeen--two thousand eighteen, two thousand 46 eighteen--two thousand nineteen or two thousand nineteen--two thousand 47 twenty school year, who have received composite annual professional 48 performance review ratings pursuant to section three thousand twelve-c 49 or section three thousand twelve-d of this chapter of either effective 50 or highly effective in at least one of the four preceding years, exclu- 51 sive of any breaks in service, and did not receive an ineffective rating 52 in the final year of his or her probationary period or during the most 53 recent school year where a rating was received, and would have been in 54 the superintendent of schools' discretion qualified for appointment on 55 tenure based upon performance, notwithstanding that his or her annual 56 professional performance review had not been completed and he or she had

A. 8020 9 1 not received an annual professional performance rating for the two thou- 2 sand nineteen--two thousand twenty and two thousand twenty--two thousand 3 twenty-one school years; provided that, in the case of a classroom 4 teacher or building principal appointed during the two thousand twenty- 5 -two thousand twenty-one school year who have received composite annual 6 professional performance review ratings pursuant to section three thou- 7 sand twelve-c or section three thousand twelve-d of this chapter of 8 either effective or highly effective in at least two of the four preced- 9 ing years, exclusive of any breaks in service, and did not receive an 10 ineffective rating in the final year of his or her probationary period 11 or during the most recent school year where a rating was received, and 12 would have been in the superintendent of schools' discretion qualified 13 for appointment on tenure based upon performance, notwithstanding that 14 his or her annual professional performance review had not been completed 15 and he or she had not received an annual professional performance rating 16 for the two thousand twenty--two thousand twenty-one school year; 17 provided further that, notwithstanding any other provision of this 18 section to the contrary, when a teacher receives an effective and/or 19 highly effective rating in each year of his or her probationary service 20 except he or she receives an ineffective rating in the final year of his 21 or her probationary period, such teacher or principal shall not be 22 eligible for tenure but the board of education in its discretion, may 23 extend the teacher's probationary period for an additional year; 24 provided, however, that if such teacher or principal successfully 25 appealed such ineffective rating, such teacher or principal shall imme- 26 diately be eligible for tenure if the rating resulting from the appeal 27 established that such individual has been effective or highly effective 28 in at least three of the preceding four years and was not ineffective in 29 the final year. At the expiration of the probationary period, the class- 30 room teacher or building principal shall remain in probationary status 31 until the end of the school year in which such teacher or principal has 32 received such ratings of effective or highly effective for at least 33 three of the four preceding school years, exclusive of any breaks in 34 service and subject to the terms hereof, during which time a board of 35 education shall consider whether to grant tenure for those classroom 36 teachers or building principals who otherwise have been found competent, 37 efficient and satisfactory. Provided, however, that the board of educa- 38 tion may grant tenure contingent upon a classroom teacher's or building 39 principal's receipt of a minimum rating in the final year of the proba- 40 tionary period, pursuant to the requirements of this section, and if 41 such contingency is not met after all appeals have been exhausted, the 42 grant of tenure shall be void and unenforceable and the teacher's or 43 principal's probationary period may be extended in accordance with this 44 subdivision. Such persons who have been recommended for tenure and all 45 others employed in the teaching service of the schools of such school 46 district who have served the full probationary period as extended pursu- 47 ant to this subdivision shall hold their respective positions during 48 good behavior and efficient and competent service, and shall not be 49 removable except for cause after a hearing as provided by section three 50 thousand twenty-a or section three thousand twenty-b of this chapter. 51 Failure to maintain certification as required by this chapter and the 52 regulations of the commissioner shall constitute cause for removal. 53 § 8. This act shall take effect on the same date and in the same 54 manner as a chapter of the laws of 2021 amending the education law 55 relating to the granting of tenure, as proposed in legislative bills 56 numbers S.5576-C and A.6750-B, takes effect.

Relates to the granting of tenure

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