The Full Budget (Senate Version)

Just copying the full text of the NY Senate's version of the budget. This is th epart that applies directly to changes in education law. It's divided into 7 parts, each labeled subparts A-F.

SUBPART A

  Section  1. The education law is amended by adding a new section 669-f
to read as follows:
  S 669-F. NEW YORK STATE MASTERS-IN-EDUCATION TEACHER INCENTIVE  SCHOL-
ARSHIP  PROGRAM.  1.    ELIGIBILITY. STUDENTS WHO ARE MATRICULATED IN AN
APPROVED MASTER'S DEGREE IN EDUCATION PROGRAM AT A NEW YORK STATE PUBLIC
INSTITUTION OF HIGHER EDUCATION LEADING TO A  CAREER  AS  A  TEACHER  IN
PUBLIC  ELEMENTARY OR SECONDARY EDUCATION SHALL BE ELIGIBLE FOR AN AWARD
UNDER THIS SECTION, PROVIDED THE APPLICANT: (A) EARNED AN  UNDERGRADUATE
DEGREE  FROM  A  COLLEGE  LOCATED  IN NEW YORK STATE; (B) WAS A NEW YORK
STATE RESIDENT WHILE EARNING SUCH  UNDERGRADUATE  DEGREE;  (C)  ACHIEVED
ACADEMIC  EXCELLENCE  AS  AN  UNDERGRADUATE  STUDENT,  AS DEFINED BY THE
CORPORATION IN REGULATION; (D) ENROLLS IN FULL-TIME STUDY IN AN APPROVED
MASTER'S DEGREE IN EDUCATION PROGRAM AT A NEW YORK STATE PUBLIC INSTITU-
TION OF HIGHER EDUCATION LEADING TO A CAREER  AS  A  TEACHER  IN  PUBLIC
ELEMENTARY  OR SECONDARY EDUCATION; (E) SIGNS A CONTRACT WITH THE CORPO-
RATION AGREEING TO TEACH IN A CLASSROOM SETTING ON A FULL-TIME BASIS FOR
FIVE YEARS IN A SCHOOL LOCATED WITHIN NEW YORK  STATE  PROVIDING  PUBLIC
ELEMENTARY  OR SECONDARY EDUCATION RECOGNIZED BY THE BOARD OF REGENTS OR
THE UNIVERSITY OF THE STATE  OF  NEW  YORK,  INCLUDING  CHARTER  SCHOOLS
AUTHORIZED  PURSUANT  TO  ARTICLE  FIFTY-SIX  OF  THIS  CHAPTER; AND (F)
COMPLIES WITH THE APPLICABLE PROVISIONS OF THIS ARTICLE AND ALL REQUIRE-
MENTS PROMULGATED BY THE  CORPORATION  FOR  THE  ADMINISTRATION  OF  THE
PROGRAM.
  2.  WITHIN  AMOUNTS  APPROPRIATED THEREFOR, AWARDS SHALL BE GRANTED TO
APPLICANTS THAT THE CORPORATION HAS CERTIFIED ARE  ELIGIBLE  TO  RECEIVE
SUCH  AWARDS. UP TO FIVE HUNDRED AWARDS MAY BE GRANTED TO NEW RECIPIENTS
ANNUALLY. SUCH AWARDS SHALL BE GRANTED  UPON  SUCCESSFUL  COMPLETION  OF
EACH TERM, AS DEFINED BY THE CORPORATION.
  3.  AN  AWARD  SHALL  ENTITLE THE RECIPIENT TO ANNUAL PAYMENTS FOR NOT
MORE THAN TWO ACADEMIC YEARS OF  FULL-TIME  GRADUATE  STUDY  LEADING  TO
CERTIFICATION AS AN ELEMENTARY OR SECONDARY CLASSROOM TEACHER.
  4.  THE  CORPORATION SHALL GRANT SUCH AWARDS IN AN AMOUNT EQUAL TO THE
ANNUAL TUITION CHARGED TO STATE RESIDENT STUDENTS ATTENDING  A  GRADUATE
PROGRAM FULL-TIME AT THE STATE UNIVERSITY OF NEW YORK, OR ACTUAL TUITION
CHARGED,  WHICHEVER  IS  LESS;  PROVIDED,  HOWEVER,  (I)  A  STUDENT WHO
RECEIVES EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS THAT COVER THE STUDENT'S
FULL COST OF ATTENDANCE SHALL NOT BE ELIGIBLE FOR AN  AWARD  UNDER  THIS
PROGRAM; (II) FOR A STUDENT WHO RECEIVES EDUCATIONAL GRANTS AND/OR SCHO-
LARSHIPS  THAT  COVER  LESS  THAN THE STUDENT'S FULL COST OF ATTENDANCE,
SUCH GRANTS AND/OR SCHOLARSHIPS SHALL NOT BE DEEMED DUPLICATIVE OF  THIS
PROGRAM  AND  MAY BE HELD CONCURRENTLY WITH AN AWARD UNDER THIS PROGRAM,
PROVIDED THAT THE COMBINED BENEFITS DO NOT  EXCEED  THE  STUDENT'S  FULL
COST  OF  ATTENDANCE;  AND  (III)  AN  AWARD UNDER THIS PROGRAM SHALL BE
APPLIED TO TUITION AFTER THE APPLICATION OF ALL OTHER EDUCATIONAL GRANTS
AND SCHOLARSHIPS LIMITED TO TUITION AND SHALL BE REDUCED  IN  AN  AMOUNT
EQUAL  TO SUCH EDUCATIONAL GRANTS AND/OR SCHOLARSHIPS. UPON NOTIFICATION
OF AN AWARD UNDER THIS PROGRAM, THE INSTITUTION SHALL DEFER  THE  AMOUNT
OF TUITION EQUAL TO THE AWARD. NO AWARD SHALL BE FINAL UNTIL THE RECIPI-
ENT'S SUCCESSFUL COMPLETION OF A TERM HAS BEEN CERTIFIED BY THE INSTITU-
TION.  A  RECIPIENT OF AN AWARD UNDER THIS PROGRAM SHALL NOT BE ELIGIBLE
FOR AN AWARD UNDER THE NEW YORK STATE MATH AND SCIENCE  TEACHING  INCEN-
TIVE PROGRAM.
  5.  THE CORPORATION SHALL CONVERT TO A STUDENT LOAN THE FULL AMOUNT OF
THE AWARD GRANTED PURSUANT TO THIS SECTION, PLUS INTEREST, ACCORDING  TO
A  SCHEDULE  TO BE DETERMINED BY THE CORPORATION IF: (A) TWO YEARS AFTER
THE COMPLETION OF THE DEGREE PROGRAM  AND  RECEIPT  OF  INITIAL  CERTIF-
ICATION  IT IS FOUND THAT A RECIPIENT IS NOT TEACHING IN A PUBLIC SCHOOL
LOCATED WITHIN NEW YORK STATE PROVIDING ELEMENTARY OR  SECONDARY  EDUCA-
TION  RECOGNIZED  BY THE BOARD OF REGENTS OR THE UNIVERSITY OF THE STATE
OF NEW YORK, INCLUDING CHARTER SCHOOLS AUTHORIZED  PURSUANT  TO  ARTICLE
FIFTY-SIX  OF  THIS  CHAPTER; (B) A RECIPIENT HAS NOT TAUGHT IN A PUBLIC
SCHOOL LOCATED WITHIN NEW YORK STATE PROVIDING ELEMENTARY  OR  SECONDARY
EDUCATION  RECOGNIZED  BY  THE BOARD OF REGENTS OR THE UNIVERSITY OF THE
STATE OF NEW YORK, INCLUDING  CHARTER  SCHOOLS  AUTHORIZED  PURSUANT  TO
ARTICLE FIFTY-SIX OF THIS CHAPTER, FOR FIVE OF THE SEVEN YEARS AFTER THE
COMPLETION OF THE GRADUATE DEGREE PROGRAM AND RECEIPT OF INITIAL CERTIF-
ICATION;  (C)  A  RECIPIENT FAILS TO COMPLETE HIS OR HER GRADUATE DEGREE
PROGRAM IN EDUCATION; (D) A RECIPIENT FAILS TO RECEIVE OR  MAINTAIN  HIS
OR  HER  TEACHING  CERTIFICATE  OR  LICENSE  IN  NEW  YORK STATE FOR THE
REQUIRED PERIOD; OR (E) A RECIPIENT FAILS TO RESPOND TO REQUESTS BY  THE
CORPORATION  FOR  THE  STATUS  OF  HIS  OR  HER ACADEMIC OR PROFESSIONAL
PROGRESS. THE TERMS AND CONDITIONS OF THIS SUBDIVISION SHALL BE DEFERRED
FOR ANY INTERRUPTION IN GRADUATE STUDY OR EMPLOYMENT AS  ESTABLISHED  BY
THE  RULES  AND REGULATIONS OF THE CORPORATION. ANY OBLIGATION TO COMPLY
WITH SUCH PROVISIONS AS OUTLINED IN THIS SECTION SHALL BE CANCELLED UPON
THE DEATH OF THE  RECIPIENT.  NOTWITHSTANDING  ANY  PROVISIONS  OF  THIS
SUBDIVISION TO THE CONTRARY, THE CORPORATION IS AUTHORIZED TO PROMULGATE
RULES  AND  REGULATIONS  TO  PROVIDE FOR THE WAIVER OR SUSPENSION OF ANY
FINANCIAL OBLIGATION WHICH WOULD INVOLVE EXTREME HARDSHIP.
  6. THE CORPORATION IS AUTHORIZED TO PROMULGATE RULES AND  REGULATIONS,
AND  MAY PROMULGATE EMERGENCY REGULATIONS, NECESSARY FOR THE IMPLEMENTA-
TION OF THE PROVISIONS OF THIS SECTION INCLUDING, BUT  NOT  LIMITED  TO,
THE CRITERIA FOR THE PROVISION OF AWARDS ON A COMPETITIVE BASIS, AND THE
RATE OF INTEREST CHARGED FOR REPAYMENT OF THE STUDENT LOAN.
  S  2.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2015.




                                SUBPART B
  Section 1. The education law is amended by adding a new section  210-a
to read as follows:
  S  210-A. ADMISSION REQUIREMENTS FOR GRADUATE-LEVEL TEACHER AND EDUCA-
TIONAL LEADER PROGRAMS. EACH INSTITUTION REGISTERED  BY  THE  DEPARTMENT
WITH  GRADUATE-LEVEL  TEACHER  AND LEADER EDUCATION PROGRAMS SHALL ADOPT
RIGOROUS SELECTION CRITERIA GEARED TO PREDICTING A CANDIDATE'S  ACADEMIC
SUCCESS IN ITS PROGRAM, INCLUDING BUT NOT LIMITED TO, A MINIMUM SCORE ON
THE  GRADUATE RECORD EXAMINATION OR A SUBSTANTIALLY EQUIVALENT ADMISSION
EXAMINATION, AS DETERMINED BY THE  INSTITUTION,  AND  ACHIEVEMENT  OF  A
CUMULATIVE  GRADE  POINT  AVERAGE  OF  3.0  OR HIGHER IN THE CANDIDATE'S
UNDERGRADUATE PROGRAM. EACH PROGRAM MAY  EXEMPT  NO  MORE  THAN  FIFTEEN
PERCENT  OF  ANY INCOMING CLASS OF STUDENTS FROM SUCH SELECTION CRITERIA
SET FORTH IN THIS SECTION BASED ON A STUDENT'S DEMONSTRATION  OF  POTEN-
TIAL TO POSITIVELY CONTRIBUTE TO THE TEACHING PROFESSION OR OTHER EXTEN-
UATING  CIRCUMSTANCES PURSUANT TO THE REGULATIONS OF THE COMMISSIONER. A
PROGRAM SHALL REPORT TO THE DEPARTMENT THE NUMBER OF  STUDENTS  ADMITTED
PURSUANT  TO  SUCH  EXEMPTION  AND  THE SELECTION CRITERIA USED FOR SUCH
EXEMPTIONS.
  S 2. The education law is amended by adding a  new  section  210-b  to
read as follows:
  S  210-B.  GRADUATE-LEVEL  TEACHER  AND EDUCATIONAL LEADERSHIP PROGRAM
DEREGISTRATION AND SUSPENSION. 1. THE DEPARTMENT SHALL SUSPEND A  GRADU-
ATE  PROGRAM'S  AUTHORITY TO ADMIT NEW STUDENTS IF FOR THREE CONSECUTIVE
ACADEMIC YEARS, FEWER THAN FIFTY PERCENT OF ITS STUDENTS WHO HAVE SATIS-
FACTORILY COMPLETED THE PROGRAM PASS EACH  EXAMINATION  THAT  THEY  HAVE
TAKEN  THAT  IS  REQUIRED  FOR  CERTIFICATION AND SHALL NOTIFY CURRENTLY
ADMITTED AND ENROLLED STUDENTS OF SUCH SUSPENSION. THE GRADUATE  PROGRAM
SHALL  BE  PERMITTED  TO  CONTINUE  OPERATIONS FOR THE LENGTH OF TIME IT
WOULD TAKE ALL CURRENTLY ADMITTED AND/OR ENROLLED STUDENTS, IF THEY WERE
TO ATTEND CLASSES ON A FULL-TIME BASIS, TO COMPLETE THE REQUIREMENTS FOR
THEIR DEGREES. IF, AT ANY TIME  DURING  SUCH  PERIOD,  THE  COMMISSIONER
DETERMINES  THAT  STUDENT  AND/OR  PROGRAM PERFORMANCE HAS SIGNIFICANTLY
IMPROVED, THE COMMISSIONER MAY REINSTATE THE PROGRAM'S ABILITY TO  ADMIT
NEW  STUDENTS.  IF THE COMMISSIONER DOES NOT AFFIRMATIVELY REINSTATE THE
PROGRAM'S AUTHORITY TO ADMIT NEW STUDENTS DURING SUCH TIME  PERIOD,  THE
PROGRAM  SHALL  BE  DEREGISTERED.  FOR  PURPOSES  OF  THIS  SUBDIVISION,
STUDENTS WHO HAVE SATISFACTORILY COMPLETED THE  GRADUATE  PROGRAM  SHALL
MEAN  STUDENTS WHO HAVE MET EACH EDUCATIONAL REQUIREMENT OF THE PROGRAM,
EXCLUDING ANY REQUIREMENT THAT THE STUDENT PASS EACH REQUIRED  NEW  YORK
STATE  TEACHER  CERTIFICATION  EXAMINATION  FOR  A  TEACHING CERTIFICATE
AND/OR SCHOOL BUILDING LEADER EXAMINATION FOR A SCHOOL  BUILDING  LEADER
CERTIFICATE  IN  ORDER TO COMPLETE THE PROGRAM.  STUDENTS SATISFACTORILY
MEETING EACH EDUCATIONAL REQUIREMENT MAY INCLUDE  STUDENTS  WHO  EARN  A
DEGREE  OR  STUDENTS  WHO  COMPLETE EACH EDUCATIONAL REQUIREMENT WITHOUT
EARNING A DEGREE.   WHEN MAKING SUCH  A  DETERMINATION,  THE  DEPARTMENT
SHALL  CONSIDER THE PERFORMANCE ON EACH CERTIFICATION EXAMINATION OF THE
COHORT OF STUDENTS COMPLETING AN EXAMINATION NOT MORE  THAN  FIVE  YEARS
BEFORE THE END OF THE ACADEMIC YEAR IN WHICH THE PROGRAM IS COMPLETED OR
NOT LATER THAN THE SEPTEMBER THIRTIETH FOLLOWING THE END OF SUCH ACADEM-
IC YEAR, WHERE ACADEMIC YEAR IS DEFINED AS JULY FIRST THROUGH JUNE THIR-
TIETH, AND SHALL CONSIDER ONLY THE HIGHEST SCORE OF INDIVIDUALS TAKING A
TEST  MORE  THAN ONCE.   WHEN MAKING SUCH A DETERMINATION THE DEPARTMENT
MAY ADJUST ITS METHODOLOGY FOR DETERMINING EXAMINATION PASSAGE RATES FOR
ONE OR MORE CERTIFICATION EXAMINATIONS TO ACCOUNT FOR  SAMPLE  SIZE  AND
ACCURACY.
  2.  THE INSTITUTION MAY SUBMIT AN APPEAL OF A SUSPENSION OF A GRADUATE
PROGRAM'S ABILITY TO ADMIT STUDENTS OR DEREGISTRATION PURSUANT  TO  THIS
SECTION  IN  A MANNER AND TIMEFRAME AS PRESCRIBED BY THE COMMISSIONER IN
REGULATIONS. HOWEVER, A PROGRAM  THAT  HAS  HAD  ITS  ABILITY  TO  ADMIT
STUDENTS  SUSPENDED  SHALL  NOT  ADMIT  NEW  STUDENTS WHILE AWAITING THE
COMMISSIONER'S DECISION ON ANY APPEAL. AN INSTITUTION  WITH  A  DEREGIS-
TERED  PROGRAM  SHALL  NOT  ADMIT ANY NEW STUDENTS IN SUCH PROGRAM WHILE
AWAITING THE COMMISSIONER'S DECISION ON ITS  APPLICATION  FOR  REGISTRA-
TION.
  3. THE DEPARTMENT MAY ALSO, AS PRESCRIBED BY THE COMMISSIONER IN REGU-
LATIONS, CONDUCT EXPEDITED SUSPENSION AND REGISTRATION REVIEWS FOR GRAD-
UATE PROGRAMS, PURSUANT TO REGULATIONS OF THE COMMISSIONER.
  S  3.  This  act  shall  take  effect  July 1, 2015, provided that the
provisions of section one of this act shall first  apply  to  admissions
requirements  for  programs  commencing  instruction on or after July 1,
2016, and provided further that the authority of the board of regents to
adopt  regulations  necessary to implement the provisions of this act on
such effective date shall take effect immediately.


                                SUBPART C
  Section 1. Section 3006 of the education law is amended  by  adding  a
new subdivision 3 to read as follows:
  3.  REGISTRATION.  A.  COMMENCING  WITH  THE TWO THOUSAND SIXTEEN--TWO
THOUSAND SEVENTEEN SCHOOL YEAR, ANY HOLDER OF A TEACHING CERTIFICATE  IN
THE  CLASSROOM  TEACHING  SERVICE,  TEACHING  ASSISTANT  CERTIFICATE, OR
EDUCATIONAL LEADERSHIP CERTIFICATE THAT IS VALID FOR LIFE AS  PRESCRIBED
BY  THE  COMMISSIONER  IN REGULATIONS SHALL BE REQUIRED TO REGISTER WITH
THE DEPARTMENT EVERY FIVE YEARS IN ACCORDANCE WITH  REGULATIONS  OF  THE
COMMISSIONER.  SUCH  REGULATIONS  SHALL  PRESCRIBE  THE DATE OR DATES BY
WHICH APPLICATIONS FOR INITIAL REGISTRATION MUST BE  SUBMITTED  AND  MAY
PROVIDE  FOR  STAGGERED INITIAL REGISTRATION AND/OR ROLLING RE-REGISTRA-
TION SO THAT RE-REGISTRATIONS ARE DISTRIBUTED  AS  EQUALLY  AS  POSSIBLE
THROUGHOUT THE YEAR AND ACROSS MULTIPLE YEARS.
  B.  THE  DEPARTMENT  SHALL POST AN APPLICATION FOR REGISTRATION ON ITS
WEBSITE. AN APPLICATION SHALL BE SUBMITTED FOR  A  REGISTRATION  CERTIF-
ICATE.  EXCEPT  AS  OTHERWISE  PROVIDED  IN THIS SECTION, THE DEPARTMENT
SHALL RENEW THE REGISTRATION OF EACH CERTIFICATE HOLDER UPON RECEIPT  OF
A PROPER APPLICATION ON A FORM PRESCRIBED BY THE DEPARTMENT. ANY CERTIF-
ICATE  HOLDER  WHO FAILS TO REGISTER BY THE BEGINNING OF THE APPROPRIATE
REGISTRATION  PERIOD  MAY  BE  SUBJECT  TO  LATE  FILING  PENALTIES   AS
PRESCRIBED  BY THE COMMISSIONER. NO CERTIFICATE HOLDER RESUMING PRACTICE
AFTER A LAPSE OF REGISTRATION SHALL BE  PERMITTED  TO  PRACTICE  WITHOUT
VERIFICATION OF RE-REGISTRATION.
  C.  ANY  CERTIFICATE HOLDER WHO IS NOT ENGAGING IN THE PRACTICE OF HIS
OR HER PROFESSION IN THIS STATE AND DOES NOT DESIRE TO REGISTER SHALL SO
ADVISE THE DEPARTMENT. SUCH CERTIFICATE HOLDER SHALL NOT BE  SUBJECT  TO
PENALTIES  AS  PRESCRIBED BY THE COMMISSIONER FOR FAILURE TO REGISTER AT
THE BEGINNING OF THE REGISTRATION PERIOD.
  D. CERTIFICATE HOLDERS SHALL NOTIFY THE DEPARTMENT OF  ANY  CHANGE  OF
NAME OR MAILING ADDRESS WITHIN THIRTY DAYS OF SUCH CHANGE. WILLFUL FAIL-
URE TO REGISTER OR PROVIDE SUCH NOTICE WITHIN ONE HUNDRED EIGHTY DAYS OF
SUCH  CHANGE  MAY  CONSTITUTE  GROUNDS  FOR MORAL CHARACTER REVIEW UNDER
SUBDIVISION SEVEN OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER.
  S 2. The education law is amended by adding a new  section  3006-a  to
read as follows:
  S  3006-A.  REGISTRATION  AND  CONTINUING TEACHER AND LEADER EDUCATION
REQUIREMENTS FOR HOLDERS OF PROFESSIONAL CERTIFICATES IN  THE  CLASSROOM
TEACHING  SERVICE, HOLDERS OF LEVEL III TEACHING ASSISTANT CERTIFICATES,
HOLDERS OF  PROFESSIONAL  CERTIFICATES  IN  THE  EDUCATIONAL  LEADERSHIP
SERVICE.  1.  A. COMMENCING  WITH THE TWO THOUSAND SIXTEEN--TWO THOUSAND
SEVENTEEN SCHOOL YEAR, EACH HOLDER OF A PROFESSIONAL CERTIFICATE IN  THE
CLASSROOM  TEACHING  SERVICE,  HOLDER  OF A LEVEL III TEACHING ASSISTANT
CERTIFICATE AND HOLDER OF A PROFESSIONAL CERTIFICATE IN THE  EDUCATIONAL
LEADERSHIP  SERVICE  SHALL BE REQUIRED TO REGISTER EVERY FIVE YEARS WITH
THE DEPARTMENT TO PRACTICE IN  THE  STATE  AND  SHALL  COMPLY  WITH  THE
PROVISIONS  OF  THE CONTINUING TEACHER AND LEADER EDUCATION REQUIREMENTS
SET FORTH IN THIS SECTION.
  B. ANY OF THE CERTIFIED INDIVIDUALS DESCRIBED IN PARAGRAPH A  OF  THIS
SUBDIVISION  WHO DO NOT SATISFY THE CONTINUING TEACHER AND LEADER EDUCA-
TION REQUIREMENTS SHALL NOT PRACTICE UNTIL THEY HAVE MET  SUCH  REQUIRE-
MENTS  AND  HAVE  BEEN ISSUED A REGISTRATION OR CONDITIONAL REGISTRATION
CERTIFICATE.
  C.  IN  ACCORDANCE WITH THE INTENT OF THIS SECTION, ADJUSTMENTS TO THE
CONTINUING TEACHER AND LEADER EDUCATION REQUIREMENT MAY  BE  GRANTED  BY
THE  DEPARTMENT FOR REASONS OF HEALTH CERTIFIED BY A HEALTH CARE PROVID-
ER, FOR EXTENDED ACTIVE DUTY WITH ARMED FORCES OF THE UNITED STATES,  OR
FOR  OTHER  GOOD  CAUSE  ACCEPTABLE  TO THE DEPARTMENT WHICH MAY PREVENT
COMPLIANCE.
  D. ANY CERTIFICATE HOLDER WHO IS NOT PRACTICING AS A TEACHER, TEACHING
ASSISTANT OR EDUCATIONAL LEADER IN A SCHOOL DISTRICT OR BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES IN  THIS  STATE  SHALL  BE  EXEMPT  FROM  THE
CONTINUING TEACHER AND LEADER EDUCATION REQUIREMENT UPON THE FILING OF A
WRITTEN  STATEMENT WITH THE DEPARTMENT DECLARING SUCH STATUS. ANY HOLDER
OF A PROFESSIONAL CERTIFICATE IN THE CLASSROOM TEACHING SERVICE,  HOLDER
OF  A  LEVEL  III TEACHING ASSISTANT CERTIFICATE AND HOLDER OF A PROFES-
SIONAL CERTIFICATE IN THE EDUCATIONAL  LEADERSHIP  SERVICE  WHO  RESUMES
PRACTICE  DURING  THE  FIVE-YEAR  REGISTRATION  PERIOD  SHALL NOTIFY THE
DEPARTMENT PRIOR TO RESUMING PRACTICE AND  SHALL  MEET  SUCH  CONTINUING
TEACHER  AND  LEADER EDUCATION REQUIREMENTS AS PRESCRIBED IN REGULATIONS
OF THE COMMISSIONER.
  2. A. DURING EACH FIVE-YEAR REGISTRATION PERIOD BEGINNING ON OR  AFTER
JULY  FIRST,  TWO  THOUSAND SIXTEEN, AN APPLICANT FOR REGISTRATION SHALL
SUCCESSFULLY COMPLETE A MINIMUM  OF  ONE  HUNDRED  HOURS  OF  CONTINUING
TEACHER  AND  LEADER  EDUCATION,  AS  DEFINED  BY  THE COMMISSIONER. THE
DEPARTMENT SHALL ISSUE RIGOROUS STANDARDS  FOR  COURSES,  PROGRAMS,  AND
ACTIVITIES,  THAT  SHALL QUALIFY AS CONTINUING TEACHER AND LEADER EDUCA-
TION PURSUANT TO THIS SECTION. FOR PURPOSES  OF  THIS  SECTION,  A  PEER
REVIEW  TEACHER,  OR A PRINCIPAL ACTING AS AN INDEPENDENT TRAINED EVALU-
ATOR, CONDUCTING A CLASSROOM OBSERVATION AS PART OF THE  TEACHER  EVALU-
ATION SYSTEM PURSUANT TO SECTION THREE THOUSAND TWELVE-D OF THIS ARTICLE
MAY  CREDIT  SUCH  TIME TOWARDS HIS OR HER CONTINUING TEACHER AND LEADER
EFFECTIVENESS REQUIREMENTS.
  B. NOTHING IN THIS SECTION SHALL LIMIT THE  ABILITY  OF  LOCAL  SCHOOL
DISTRICTS TO AGREE PURSUANT TO COLLECTIVE BARGAINING TO ADDITIONAL HOURS
OF  PROFESSIONAL  DEVELOPMENT  OR CONTINUING TEACHER OR LEADER EDUCATION
ABOVE THE MINIMUM REQUIREMENTS SET FORTH IN THIS SECTION.
  C. A CERTIFIED INDIVIDUAL WHO HAS NOT SATISFIED THE CONTINUING TEACHER
AND LEADER EDUCATION REQUIREMENTS SHALL NOT BE ISSUED A FIVE-YEAR REGIS-
TRATION CERTIFICATE BY THE DEPARTMENT AND SHALL NOT PRACTICE UNLESS  AND
UNTIL  A  REGISTRATION OR CONDITIONAL REGISTRATION CERTIFICATE IS ISSUED
AS PROVIDED IN SUBDIVISION THREE OF THIS SECTION. FOR PURPOSES  OF  THIS
SUBDIVISION,  "CONTINUING  TEACHER  AND  LEADER  EDUCATION REQUIREMENTS"
SHALL MEAN ACTIVITIES DESIGNED TO IMPROVE THE TEACHER OR LEADER'S  PEDA-
GOGICAL AND/OR LEADERSHIP SKILLS, TARGETED AT IMPROVING STUDENT PERFORM-
ANCE,  INCLUDING BUT NOT LIMITED TO FORMAL CONTINUING TEACHER AND LEADER
EDUCATION ACTIVITIES. SUCH ACTIVITIES SHALL PROMOTE THE PROFESSIONALIZA-
TION OF TEACHING AND BE CLOSELY ALIGNED TO DISTRICT  GOALS  FOR  STUDENT
PERFORMANCE  WHICH  MEET  THE STANDARDS PRESCRIBED BY REGULATIONS OF THE
COMMISSIONER. TO FULFILL THE CONTINUING  TEACHER  AND  LEADER  EDUCATION
REQUIREMENT,  PROGRAMS  MUST  BE  TAKEN  FROM  SPONSORS  APPROVED BY THE
DEPARTMENT, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO SCHOOL  DISTRICTS,
PURSUANT TO THE REGULATIONS OF THE COMMISSIONER.
  3.  THE  DEPARTMENT, IN ITS DISCRETION, MAY ISSUE A CONDITIONAL REGIS-
TRATION TO A TEACHER, TEACHING ASSISTANT  OR  EDUCATIONAL  LEADER  IN  A
SCHOOL  DISTRICT  OR  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES IN THIS
STATE WHO FAILS TO MEET THE  CONTINUING  TEACHER  AND  LEADER  EDUCATION
REQUIREMENTS  ESTABLISHED  IN  SUBDIVISION  TWO  OF THIS SECTION BUT WHO
AGREES TO MAKE UP ANY DEFICIENCIES AND TAKE  ANY  ADDITIONAL  CONTINUING
TEACHER AND LEADER EDUCATION WHICH THE DEPARTMENT MAY REQUIRE. THE DURA-
TION OF SUCH CONDITIONAL REGISTRATION SHALL BE DETERMINED BY THE DEPART-
MENT. ANY HOLDER OF A PROFESSIONAL CERTIFICATE IN THE CLASSROOM TEACHING
SERVICE,  HOLDER OF A LEVEL III TEACHING ASSISTANT CERTIFICATE OR HOLDER
OF A PROFESSIONAL CERTIFICATE IN THE EDUCATIONAL LEADERSHIP SERVICE  AND
ANY  OTHER CERTIFIED INDIVIDUAL REQUIRED BY THE COMMISSIONER TO REGISTER
EVERY FIVE YEARS WHO IS NOTIFIED OF THE DENIAL OF REGISTRATION FOR FAIL-
URE TO SUBMIT EVIDENCE, SATISFACTORY  TO  THE  DEPARTMENT,  OF  REQUIRED
CONTINUING  TEACHER  AND LEADER EDUCATION AND WHO PRACTICES WITHOUT SUCH
REGISTRATION, SHALL BE SUBJECT TO MORAL CHARACTER REVIEW UNDER  SUBDIVI-
SION SEVEN OF SECTION THREE HUNDRED FIVE OF THIS CHAPTER.
  S  3.  This  act  shall  take  effect  July 1, 2015, provided that the
provisions of section one of this act shall first  apply  to  admissions
requirements  for  programs  commencing  instruction on or after July 1,
2016, and provided further that the authority of the board of regents to
adopt regulations necessary to implement the provisions of this  act  on
such effective date shall take effect immediately.

                                SUBPART D

  Section  1. Paragraphs (a) and (b) of subdivision 1 of section 2509 of
the education law, paragraph (a) as amended by chapter 551 of  the  laws
of  1976,  and  paragraph  (b)  as amended by chapter 468 of the laws of
1975, are amended to read as follows:
  (a) I. Teachers  and  all  other  members  of  the  teaching  staff[,]
APPOINTED  PRIOR  TO  JULY FIRST, TWO THOUSAND FIFTEEN AND authorized by
section twenty-five hundred three of this article, shall be appointed by
the board of education, upon the recommendation of the superintendent of
schools, for a probationary period of three years, except  that  in  the
case  of  a  teacher  who has rendered satisfactory service as a regular
substitute for a period of 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 of this chapter,  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 super-
intendent 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  probationary
period.
  II.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW OR REGULATION TO THE
CONTRARY, TEACHERS AND ALL OTHER MEMBERS OF THE TEACHING STAFF APPOINTED
ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN AND AUTHORIZED  BY  SECTION
TWENTY-FIVE  HUNDRED  THREE  OF  THIS ARTICLE, SHALL BE APPOINTED BY THE
BOARD OF EDUCATION, UPON THE RECOMMENDATION  OF  THE  SUPERINTENDENT  OF
SCHOOLS,  FOR  A  PROBATIONARY  PERIOD OF FOUR YEARS, EXCEPT THAT IN THE
CASE OF A TEACHER WHO HAS RENDERED SATISFACTORY  SERVICE  AS  A  REGULAR
SUBSTITUTE  FOR  A  PERIOD OF TWO YEARS AND, IF A CLASSROOM TEACHER, HAS
RECEIVED COMPOSITE ANNUAL PROFESSIONAL  PERFORMANCE  REVIEW  RATINGS  IN
EACH  OF  THOSE  YEARS,  OR  HAS  RENDERED  SATISFACTORY  SERVICE  AS  A
SEASONALLY LICENSED PER SESSION TEACHER OF SWIMMING IN DAY  SCHOOLS  WHO
HAS  SERVED  IN  THAT  CAPACITY  FOR  A PERIOD OF TWO YEARS AND HAS BEEN
APPOINTED TO TEACH THE SAME SUBJECT IN DAY SCHOOLS ON AN ANNUAL  SALARY,
THE  TEACHER  SHALL BE APPOINTED FOR A PROBATIONARY PERIOD OF TWO YEARS;
PROVIDED, HOWEVER, THAT IN THE CASE OF A TEACHER WHO HAS BEEN  APPOINTED
ON  TENURE  IN  ANOTHER  SCHOOL  DISTRICT  WITHIN  THE STATE, THE SCHOOL
DISTRICT WHERE CURRENTLY EMPLOYED, OR A BOARD OF COOPERATIVE EDUCATIONAL
SERVICES, AND WHO WAS NOT DISMISSED FROM SUCH DISTRICT  OR  BOARD  AS  A
RESULT  OF  CHARGES BROUGHT PURSUANT TO SUBDIVISION ONE OF SECTION THREE
THOUSAND TWENTY-A OR SECTION THREE THOUSAND TWENTY-B  OF  THIS  CHAPTER,
THE TEACHER SHALL BE APPOINTED FOR A PROBATIONARY PERIOD OF THREE YEARS;
PROVIDED THAT THE TEACHER DEMONSTRATES THAT HE OR SHE RECEIVED AN ANNUAL
PROFESSIONAL  PERFORMANCE  REVIEW RATING PURSUANT TO SECTION THREE THOU-
SAND TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS CHAPTER IN  HIS
OR  HER  FINAL YEAR OF SERVICE IN SUCH OTHER SCHOOL DISTRICT OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES. THE SERVICE OF A PERSON  APPOINTED  TO
ANY OF SUCH POSITIONS MAY BE DISCONTINUED AT ANY TIME DURING SUCH PROBA-
TIONARY  PERIOD, ON THE RECOMMENDATION OF THE SUPERINTENDENT OF SCHOOLS,
BY A MAJORITY VOTE OF THE BOARD OF EDUCATION. EACH PERSON WHO IS NOT  TO
BE  RECOMMENDED  FOR  APPOINTMENT  ON TENURE SHALL BE SO NOTIFIED BY THE
SUPERINTENDENT OF SCHOOLS IN WRITING NOT LATER  THAN  SIXTY  DAYS  IMME-
DIATELY PRECEDING THE EXPIRATION OF HIS/HER PROBATIONARY PERIOD.
  (b)  I.  Administrators,  directors,  supervisors,  principals and all
other members of the supervising staff, except associate, assistant  and
other  superintendents[,]  APPOINTED  PRIOR  TO JULY FIRST, TWO THOUSAND
FIFTEEN AND authorized by section  twenty-five  hundred  three  of  this
article,  shall  be appointed by the board of education, upon the recom-
mendation of the superintendent of schools for a probationary period  of
three  years. The service of a person appointed to any of such positions
may be discontinued at any time during the probationary  period  on  the
recommendation  of  the superintendent of schools, by a majority vote of
the board of education.
  II. NOTWITHSTANDING ANY OTHER PROVISION OF LAW OR  REGULATION  TO  THE
CONTRARY,  ADMINISTRATORS,  DIRECTORS,  SUPERVISORS,  PRINCIPALS AND ALL
OTHER MEMBERS OF THE SUPERVISING STAFF, EXCEPT ASSOCIATE, ASSISTANT  AND
OTHER  SUPERINTENDENTS,  APPOINTED  ON OR AFTER JULY FIRST, TWO THOUSAND
FIFTEEN AND AUTHORIZED BY SECTION  TWENTY-FIVE  HUNDRED  THREE  OF  THIS
ARTICLE,  SHALL  BE APPOINTED BY THE BOARD OF EDUCATION, UPON THE RECOM-
MENDATION OF THE SUPERINTENDENT OF SCHOOLS FOR A PROBATIONARY PERIOD  OF
FOUR  YEARS.  THE SERVICE OF A PERSON APPOINTED TO ANY OF SUCH POSITIONS
MAY BE DISCONTINUED AT ANY TIME DURING THE PROBATIONARY  PERIOD  ON  THE
RECOMMENDATION  OF  THE SUPERINTENDENT OF SCHOOLS, BY A MAJORITY VOTE OF
THE BOARD OF EDUCATION.
  S 2. Subdivision 2 of section 2509 of the education law, as amended by
section 6 of part A of chapter 57 of the laws of  2007,  is  amended  to
read as follows:
  2.  A.  At  the  expiration  of  the  probationary term of any persons
appointed for such term PRIOR TO JULY FIRST, TWO  THOUSAND  FIFTEEN,  or
within  six  months  prior  thereto, the superintendent of schools shall
make a written  report  to  the  board  of  education  recommending  for
appointment on tenure those persons who have been found competent, effi-
cient  and  satisfactory[,  consistent  with any applicable rules of the
board of regents adopted pursuant to section three thousand twelve-b  of
this  chapter].  By  a  majority  vote  the  board of education may then
appoint on tenure any or all of the persons recommended  by  the  super-
intendent of schools. Such persons and all others employed in the teach-
ing  service  of the schools of such school district who have served the
full probationary period shall hold their  respective  positions  during
good  behavior  and  efficient  and  competent service, and shall not be
removable except for cause after a hearing as provided by section  three
thousand  twenty-a OR SECTION THREE THOUSAND TWENTY-B of [such law] THIS
CHAPTER.  Failure to maintain certification as required by this  chapter
and  the regulations of the commissioner [of education] shall constitute
cause for removal.
  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,  NOTWITHSTANDING  ANY  OTHER
PROVISION OF THIS SECTION TO THE CONTRARY, WHEN A TEACHER  OR  PRINCIPAL
RECEIVES  AN EFFECTIVE OR HIGHLY EFFECTIVE RATING IN EACH YEAR OF HIS OR
HER PROBATIONARY SERVICE EXCEPT HE OR SHE RECEIVES AN INEFFECTIVE RATING
IN THE FINAL YEAR OF HIS OR HER PROBATIONARY  PERIOD,  SUCH  TEACHER  OR
PRINCIPAL SHALL NOT BE ELIGIBLE FOR TENURE BUT THE BOARD OF EDUCATION IN
ITS  DISCRETION,  MAY  EXTEND  THE  TEACHER'S PROBATIONARY PERIOD FOR AN
ADDITIONAL YEAR; PROVIDED, HOWEVER, THAT IF SUCH  TEACHER  OR  PRINCIPAL
SUCCESSFULLY APPEALED SUCH INEFFECTIVE RATING, SUCH TEACHER OR PRINCIPAL
SHALL  IMMEDIATELY  BE  ELIGIBLE FOR TENURE IF THE RATING RESULTING FROM
THE APPEAL ESTABLISHED THAT SUCH INDIVIDUAL HAS BEEN EFFECTIVE OR HIGHLY
EFFECTIVE IN AT LEAST THREE OF THE PRECEDING  FOUR  YEARS  AND  WAS  NOT
INEFFECTIVE  IN  THE FINAL YEAR. BY A MAJORITY VOTE, THE BOARD OF EDUCA-
TION MAY THEN APPOINT ON TENURE ANY OR ALL OF THE PERSONS RECOMMENDED BY
THE SUPERINTENDENT OF SCHOOLS.  AT THE EXPIRATION  OF  THE  PROBATIONARY
PERIOD,  THE  CLASSROOM  TEACHER  OR  BUILDING PRINCIPAL SHALL REMAIN IN
PROBATIONARY STATUS UNTIL THE END OF  THE  SCHOOL  YEAR  IN  WHICH  SUCH
TEACHER  OR  PRINCIPAL  HAS RECEIVED SUCH RATINGS OF EFFECTIVE OR HIGHLY
EFFECTIVE FOR AT LEAST THREE OF THE FOUR PRECEDING SCHOOL  YEARS  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,
THAT THE BOARD OF EDUCATION MAY GRANT TENURE CONTINGENT UPON A CLASSROOM
TEACHER'S  OR  BUILDING  PRINCIPAL'S  RECEIPT OF A MINIMUM RATING IN THE
FINAL YEAR OF THE PROBATIONARY PERIOD, PURSUANT TO THE  REQUIREMENTS  OF
THIS  SECTION, AND IF SUCH CONTINGENCY IS NOT MET AFTER ALL APPEALS HAVE
BEEN EXHAUSTED, THE GRANT OF TENURE SHALL BE VOID AND UNENFORCEABLE  AND
THE  TEACHER'S  OR  PRINCIPAL'S  PROBATIONARY  PERIOD MAY BE EXTENDED IN
ACCORDANCE WITH THIS SUBDIVISION. SUCH PERSONS WHO HAVE BEEN RECOMMENDED
FOR TENURE AND ALL OTHERS  EMPLOYED  IN  THE  TEACHING  SERVICE  OF  THE
SCHOOLS  OF  SUCH  SCHOOL DISTRICT WHO HAVE SERVED THE FULL PROBATIONARY
PERIOD AS EXTENDED PURSUANT TO THIS SUBDIVISION SHALL HOLD THEIR RESPEC-
TIVE POSITIONS DURING GOOD BEHAVIOR AND EFFICIENT AND COMPETENT SERVICE,
AND  SHALL NOT BE REMOVABLE EXCEPT FOR CAUSE AFTER A HEARING AS PROVIDED
BY SECTION THREE THOUSAND TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF
THIS CHAPTER. FAILURE TO MAINTAIN  CERTIFICATION  AS  REQUIRED  BY  THIS
CHAPTER  AND  THE REGULATIONS OF THE COMMISSIONER SHALL CONSTITUTE CAUSE
FOR REMOVAL.
  S 3. Subdivisions 1, 5 and 6 of section 2573  of  the  education  law,
subdivision  1  as amended by chapter 732 of the laws of 1971, paragraph
(a) of subdivision 1 as amended by chapter 640  of  the  laws  of  1983,
paragraph  (b) of subdivision 1 as amended by chapter 468 of the laws of
1975, subdivisions 5 and 6 as amended by section 7 of part A of  chapter
57 of the laws of 2007, are amended to read as follows:
  1.  (a)  I.  Teachers  and  all  other  members of the teaching staff,
APPOINTED PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN  AND  authorized  by
section  twenty-five  hundred  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  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 anoth-
er school district within the state, the school district where currently
employed,  or  a  board of cooperative educational services, and who was
not dismissed from such district or board as a result of charges brought
pursuant to subdivision  one  of  section  three  thousand  twenty-a  OR
SECTION THREE THOUSAND TWENTY-B of this chapter, the probationary period
shall  not  exceed  two  years; provided, however, that in cities with a
population of one million or more, a teacher  appointed  under  a  newly
created  license,  for  teachers of reading and of the emotionally hand-
icapped, to a position which the teacher has held for at least two years
prior to such appointment while serving on  tenure  in  another  license
area  who  was  not dismissed as a result of charges brought pursuant to
subdivision one of section three  thousand  twenty-a  OR  SECTION  THREE
THOUSAND  TWENTY-B of this chapter, the probationary period shall be one
year. The service of a person appointed to any of such positions may  be
discontinued  at any time during such probationary period, on the recom-
mendation of the superintendent of schools, by a majority  vote  of  the
board  of  education.    Each  person  who  is not to be recommended for
appointment on tenure shall be so  notified  by  the  superintendent  of
schools  in  writing not later than sixty days immediately preceding the
expiration of his OR HER probationary period. In city  school  districts
having  a  population  of  four  hundred  thousand or more, persons with
licenses obtained as a result of examinations  announced  subsequent  to
the twenty-second day of May, nineteen hundred sixty-nine appointed upon
conditions that all announced requirements for the position be fulfilled
within  a  specified period of time, shall not acquire tenure unless and
until such requirements have been completed within  the  time  specified
for the fulfillment of such requirements, notwithstanding the expiration
of  any  probationary period. In all other city school districts subject
to the provisions of this article, failure to maintain certification  as
required  by this article and by the regulations of the commissioner [of
education] 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 TWO YEARS AND, IF A  CLASSROOM  TEACHER,  HAS
RECEIVED ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATINGS IN EACH OF THOSE
YEARS, OR HAS RENDERED SATISFACTORY SERVICE AS A SEASONALLY LICENSED PER
SESSION TEACHER OF SWIMMING IN DAY SCHOOLS WHO HAS SERVED IN THAT CAPAC-
ITY  FOR  A PERIOD OF TWO YEARS AND HAS BEEN APPOINTED TO TEACH THE SAME
SUBJECT IN DAY SCHOOLS  ON  AN  ANNUAL  SALARY,  THE  TEACHER  SHALL  BE
APPOINTED  FOR  A  PROBATIONARY  PERIOD OF TWO YEARS; PROVIDED, HOWEVER,
THAT IN THE CASE OF A TEACHER WHO HAS BEEN APPOINTED ON TENURE IN ANOTH-
ER SCHOOL DISTRICT WITHIN THE STATE, THE SCHOOL DISTRICT WHERE CURRENTLY
EMPLOYED, OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES,  AND  WHO  WAS
NOT DISMISSED FROM SUCH DISTRICT OR BOARD AS A RESULT OF CHARGES BROUGHT
PURSUANT  TO  SUBDIVISION  ONE  OF  SECTION  THREE  THOUSAND TWENTY-A OR
SECTION THREE THOUSAND TWENTY-B OF THIS CHAPTER, THE  TEACHER  SHALL  BE
APPOINTED  FOR  A  PROBATIONARY PERIOD OF THREE YEARS; PROVIDED THAT, IN
THE CASE OF A CLASSROOM TEACHER, THE TEACHER DEMONSTRATES THAT HE OR SHE
RECEIVED AN ANNUAL PROFESSIONAL PERFORMANCE REVIEW  RATING  PURSUANT  TO
SECTION  THREE  THOUSAND  TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF
THIS CHAPTER IN HIS OR HER FINAL YEAR OF SERVICE IN  SUCH  OTHER  SCHOOL
DISTRICT  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES; PROVIDED, HOWEV-
ER, THAT IN CITIES WITH A POPULATION OF ONE MILLION OR MORE,  A  TEACHER
APPOINTED  UNDER A NEWLY CREATED LICENSE, FOR TEACHERS OF READING AND OF
THE EMOTIONALLY HANDICAPPED, TO A POSITION WHICH THE  TEACHER  HAS  HELD
FOR AT LEAST TWO YEARS PRIOR TO SUCH APPOINTMENT WHILE SERVING ON TENURE
IN  ANOTHER  LICENSE  AREA  WHO WAS NOT DISMISSED AS A RESULT OF CHARGES
BROUGHT PURSUANT TO SUBDIVISION ONE OF SECTION THREE  THOUSAND  TWENTY-A
OR SECTION THREE THOUSAND TWENTY-B OF THIS CHAPTER, THE TEACHER SHALL BE
APPOINTED  FOR  A  PROBATIONARY  PERIOD  OF  TWO YEARS. THE SERVICE OF A
PERSON APPOINTED TO ANY OF SUCH POSITIONS MAY  BE  DISCONTINUED  AT  ANY
TIME  DURING  SUCH  PROBATIONARY  PERIOD,  ON  THE RECOMMENDATION OF THE
SUPERINTENDENT OF SCHOOLS, BY A MAJORITY VOTE OF THE BOARD OF EDUCATION.
EACH PERSON WHO IS NOT TO BE RECOMMENDED FOR APPOINTMENT ON TENURE SHALL
BE SO NOTIFIED BY THE SUPERINTENDENT OF SCHOOLS  IN  WRITING  NOT  LATER
THAN  SIXTY  DAYS  IMMEDIATELY  PRECEDING  THE  EXPIRATION OF HIS OR HER
PROBATIONARY PERIOD.  IN  ALL  CITY  SCHOOL  DISTRICTS  SUBJECT  TO  THE
PROVISIONS  OF  THIS  ARTICLE,  FAILURE  TO  MAINTAIN  CERTIFICATION  AS
REQUIRED BY THIS ARTICLE AND BY  THE  REGULATIONS  OF  THE  COMMISSIONER
SHALL  BE  CAUSE  FOR  REMOVAL WITHIN THE MEANING OF SUBDIVISION FIVE OF
THIS SECTION.
  (b) I. Administrators,  directors,  supervisors,  principals  and  all
other  members  of  the  supervising  staff, except executive directors,
associate, assistant, district and community superintendents and examin-
ers, 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  or  chancellor  of schools, for a probationary period of
three years. The service of a person appointed to any of such  positions
may  be  discontinued  at any time during the probationary period on the
recommendation of the superintendent of schools, by a majority  vote  of
the board of education.
  II.  ADMINISTRATORS,  DIRECTORS, SUPERVISORS, PRINCIPALS AND ALL OTHER
MEMBERS OF THE SUPERVISING STAFF, EXCEPT EXECUTIVE DIRECTORS, ASSOCIATE,
ASSISTANT,  DISTRICT  AND  COMMUNITY  SUPERINTENDENTS   AND   EXAMINERS,
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  OR  CHANCELLOR  OF SCHOOLS, FOR A PROBATIONARY PERIOD OF
FOUR YEARS PROVIDED THAT SUCH PROBATIONARY PERIOD  MAY  BE  EXTENDED  IN
ACCORDANCE  WITH  PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION. 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.
  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[, consistent with any
applicable rules of the board of regents  adopted  pursuant  to  section
three  thousand  twelve-b  of this chapter]. 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 posi-
tions during good behavior and  efficient  and  competent  service,  and
shall  not  be removable except for cause after a hearing as provided by
section three thousand twenty-a OR SECTION THREE  THOUSAND  TWENTY-B  of
this 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,
NOTWITHSTANDING  ANY  OTHER  PROVISION  OF THIS SECTION TO THE CONTRARY,
WHEN A TEACHER OR PRINCIPAL RECEIVES AN EFFECTIVE AND/OR  HIGHLY  EFFEC-
TIVE RATING IN EACH YEAR OF HIS OR HER PROBATIONARY SERVICE EXCEPT HE OR
SHE  RECEIVES  AN  INEFFECTIVE  RATING  IN  THE FINAL YEAR OF HIS OR HER
PROBATIONARY PERIOD, SUCH TEACHER OR PRINCIPAL SHALL NOT BE ELIGIBLE FOR
TENURE BUT THE BOARD OF EDUCATION IN  ITS  DISCRETION,  MAY  EXTEND  THE
TEACHER'S PROBATIONARY PERIOD FOR AN ADDITIONAL YEAR; PROVIDED, HOWEVER,
THAT IF SUCH TEACHER OR PRINCIPAL SUCCESSFULLY APPEALED SUCH INEFFECTIVE
RATING,  SUCH  TEACHER  OR  PRINCIPAL  SHALL IMMEDIATELY BE ELIGIBLE FOR
TENURE IF THE RATING RESULTING FROM THE  APPEAL  ESTABLISHED  THAT  SUCH
INDIVIDUAL  HAS  BEEN EFFECTIVE OR HIGHLY EFFECTIVE IN AT LEAST THREE OF
THE PRECEDING FOUR YEARS. 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 PRINCI-
PAL  HAS  RECEIVED  SUCH RATINGS OF EFFECTIVE OR HIGHLY EFFECTIVE FOR AT
LEAST THREE OF THE FOUR PRECEDING SCHOOL YEARS, EXCLUSIVE OF ANY  BREAKS
IN SERVICE AND SUBJECT TO THE TERMS HEREOF, DURING WHICH TIME A BOARD OF
EDUCATION  SHALL  CONSIDER  WHETHER  TO GRANT TENURE FOR THOSE CLASSROOM
TEACHERS OR BUILDING PRINCIPALS WHO OTHERWISE HAVE BEEN FOUND COMPETENT,
EFFICIENT AND SATISFACTORY. PROVIDED, HOWEVER, THAT THE BOARD OF  EDUCA-
TION  MAY GRANT TENURE CONTINGENT UPON A CLASSROOM TEACHER'S OR BUILDING
PRINCIPAL'S  RECEIPT OF A MINIMUM RATING IN THE FINAL YEAR OF THE PROBA-
TIONARY PERIOD, PURSUANT TO THE REQUIREMENTS OF  THIS  SECTION,  AND  IF
SUCH  CONTINGENCY  IS NOT MET AFTER ALL APPEALS HAVE BEEN EXHAUSTED, THE
GRANT OF TENURE SHALL BE VOID AND UNENFORCEABLE  AND  THE  TEACHER'S  OR
PRINCIPAL'S  PROBATIONARY PERIOD MAY BE EXTENDED IN ACCORDANCE WITH THIS
SUBDIVISION. SUCH PERSONS WHO HAVE BEEN RECOMMENDED FOR TENURE  AND  ALL
OTHERS  EMPLOYED  IN  THE TEACHING SERVICE OF THE SCHOOLS OF SUCH SCHOOL
DISTRICT WHO HAVE SERVED THE FULL PROBATIONARY PERIOD AS EXTENDED PURSU-
ANT TO THIS SUBDIVISION SHALL HOLD  THEIR  RESPECTIVE  POSITIONS  DURING
GOOD  BEHAVIOR  AND  EFFICIENT  AND  COMPETENT SERVICE, AND SHALL NOT BE
REMOVABLE EXCEPT FOR CAUSE AFTER A HEARING AS PROVIDED BY SECTION  THREE
THOUSAND  TWENTY-A  OR  SECTION THREE THOUSAND TWENTY-B OF THIS CHAPTER.
FAILURE TO MAINTAIN CERTIFICATION AS REQUIRED BY THIS  CHAPTER  AND  THE
REGULATIONS OF THE COMMISSIONER SHALL CONSTITUTE CAUSE FOR REMOVAL.
  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[,  consistent  with  any  applicable  rules of the board of
regents adopted pursuant to section  three  thousand  twelve-b  of  this
chapter], 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 satisfac-
tory 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,
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 PERI-
OD, SUCH TEACHER OR PRINCIPAL SHALL NOT BE ELIGIBLE FOR TENURE  BUT  THE
BOARD  OF  EDUCATION  IN ITS DISCRETION, MAY EXTEND THE TEACHER'S PROBA-
TIONARY PERIOD FOR AN ADDITIONAL YEAR; PROVIDED, HOWEVER, THAT  IF  SUCH
TEACHER OR PRINCIPAL SUCCESSFULLY APPEALED SUCH INEFFECTIVE RATING, SUCH
TEACHER  OR  PRINCIPAL  SHALL  IMMEDIATELY BE ELIGIBLE FOR TENURE IF THE
RATING RESULTING FROM THE APPEAL ESTABLISHED THAT  SUCH  INDIVIDUAL  HAS
BEEN  EFFECTIVE  OR  HIGHLY EFFECTIVE IN AT LEAST THREE OF THE PRECEDING
FOUR YEARS 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 AND SUBJECT TO THE TERMS HERE-
OF, DURING WHICH TIME A BOARD OF EDUCATION  SHALL  CONSIDER  WHETHER  TO
GRANT  TENURE  FOR  THOSE  CLASSROOM TEACHERS OR BUILDING PRINCIPALS WHO
OTHERWISE  HAVE  BEEN  FOUND  COMPETENT,  EFFICIENT  AND   SATISFACTORY.
PROVIDED,  HOWEVER, THAT THE BOARD OF EDUCATION MAY GRANT TENURE CONTIN-
GENT UPON A CLASSROOM TEACHER'S OR BUILDING  PRINCIPAL'S  RECEIPT  OF  A
MINIMUM RATING IN THE FINAL YEAR OF THE PROBATIONARY PERIOD, PURSUANT TO
THE  REQUIREMENTS  OF  THIS  SECTION, AND IF SUCH CONTINGENCY IS NOT MET
AFTER ALL APPEALS HAVE BEEN EXHAUSTED, THE GRANT OF TENURE SHALL BE VOID
AND UNENFORCEABLE AND THE TEACHER'S OR PRINCIPAL'S  PROBATIONARY  PERIOD
MAY  BE  EXTENDED  IN ACCORDANCE WITH THIS SUBDIVISION. SUCH PERSONS WHO
HAVE BEEN RECOMMENDED FOR TENURE AND ALL OTHERS EMPLOYED IN THE TEACHING
SERVICE OF THE SCHOOLS OF SUCH SCHOOL DISTRICT WHO HAVE SERVED THE  FULL
PROBATIONARY  PERIOD AS EXTENDED PURSUANT TO THIS SUBDIVISION SHALL HOLD
THEIR RESPECTIVE POSITIONS DURING GOOD BEHAVIOR AND EFFICIENT AND COMPE-
TENT SERVICE, AND SHALL NOT BE REMOVABLE EXCEPT FOR CAUSE AFTER A  HEAR-
ING  AS  PROVIDED  BY  SECTION  THREE THOUSAND TWENTY-A OR SECTION THREE
THOUSAND TWENTY-B OF THIS CHAPTER. FAILURE TO MAINTAIN CERTIFICATION  AS
REQUIRED  BY  THIS CHAPTER AND THE REGULATIONS OF THE COMMISSIONER SHALL
CONSTITUTE CAUSE FOR REMOVAL.
  S 4. Section 3012 of the education law, the section heading as amended
by chapter 358 of the laws of 1978, subdivision 1 as amended by  chapter
442  of  the  laws of 1980, paragraph (a) of subdivision 1 as amended by
chapter 737 of the laws of 1992, subdivision 2 as amended by  section  8
of  part  A of chapter 57 of the laws of 2007, subdivision 3 as added by
chapter 859 of the laws of 1955 and as renumbered by chapter 717 of  the
laws of 1970, is amended to read as follows:
  S 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  [chapter]
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  TWO  YEARS  AND, IF A CLASSROOM TEACHER, HAS RECEIVED ANNUAL
PROFESSIONAL PERFORMANCE REVIEW RATINGS IN EACH OF THOSE YEARS,  OR  HAS
RENDERED  SATISFACTORY  SERVICE  AS  A  SEASONALLY  LICENSED PER SESSION
TEACHER OF SWIMMING IN DAY SCHOOLS WHO HAS SERVED IN THAT CAPACITY FOR A
PERIOD OF TWO YEARS AND HAS BEEN APPOINTED TO TEACH THE SAME SUBJECT  IN
DAY  SCHOOLS,  ON AN ANNUAL SALARY, THE TEACHER SHALL BE APPOINTED FOR A
PROBATIONARY PERIOD OF TWO YEARS; PROVIDED, HOWEVER, THAT IN THE CASE OF
A TEACHER WHO HAS BEEN APPOINTED ON TENURE IN  ANOTHER  SCHOOL  DISTRICT
WITHIN  THE  STATE,  THE  SCHOOL DISTRICT WHERE CURRENTLY EMPLOYED, OR A
BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AND  WHO  WAS  NOT  DISMISSED
FROM  SUCH  DISTRICT OR BOARD AS A RESULT OF CHARGES BROUGHT PURSUANT TO
SUBDIVISION ONE OF SECTION THREE  THOUSAND  TWENTY-A  OR  SECTION  THREE
THOUSAND  TWENTY-B OF THIS ARTICLE, THE TEACHER SHALL BE APPOINTED FOR A
PROBATIONARY PERIOD OF THREE YEARS; PROVIDED THAT,  IN  THE  CASE  OF  A
CLASSROOM  TEACHER,  THE TEACHER DEMONSTRATES THAT HE OR SHE RECEIVED AN
ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATING PURSUANT TO SECTION  THREE
THOUSAND  TWELVE-C OR SECTION THREE THOUSAND TWELVE-D OF THIS CHAPTER IN
HIS OR HER FINAL YEAR OF SERVICE IN SUCH OTHER SCHOOL DISTRICT OR  BOARD
OF  COOPERATIVE  EDUCATIONAL SERVICES. THE SERVICE OF A PERSON APPOINTED
TO ANY OF SUCH POSITIONS MAY BE DISCONTINUED AT  ANY  TIME  DURING  SUCH
PROBATIONARY  PERIOD,  ON  THE  RECOMMENDATION  OF THE SUPERINTENDENT OF
SCHOOLS, BY A MAJORITY VOTE OF THE BOARD OF EDUCATION OR THE TRUSTEES OF
A COMMON SCHOOL DISTRICT.
  (b) I. Principals, administrators, supervisors and all  other  members
of  the  supervising  staff of school districts, including common school
districts and/or school districts employing fewer than  eight  teachers,
other than city school districts, WHO ARE APPOINTED PRIOR TO JULY FIRST,
TWO  THOUSAND  FIFTEEN, shall be appointed by the board of education, or
the trustees of a common school district, upon the recommendation of the
superintendent of schools for a probationary period of three years.  The
service of a person appointed to any of such positions may be discontin-
ued  at any time during the probationary period on the recommendation of
the superintendent of schools, by a majority vote of the board of educa-
tion or the trustees of a common school district.
  II. PRINCIPALS, ADMINISTRATORS, SUPERVISORS AND ALL OTHER  MEMBERS  OF
THE  SUPERVISING  STAFF  OF  SCHOOL  DISTRICTS,  INCLUDING COMMON SCHOOL
DISTRICTS AND/OR SCHOOL DISTRICTS EMPLOYING FEWER THAN  EIGHT  TEACHERS,
OTHER  THAN  CITY  SCHOOL  DISTRICTS, WHO ARE APPOINTED ON OR AFTER JULY
FIRST, TWO THOUSAND FIFTEEN, SHALL BE APPOINTED BY THE BOARD  OF  EDUCA-
TION,  OR THE TRUSTEES OF A COMMON SCHOOL DISTRICT, UPON THE RECOMMENDA-
TION OF THE SUPERINTENDENT OF SCHOOLS FOR A PROBATIONARY PERIOD OF  FOUR
YEARS. THE SERVICE OF A PERSON APPOINTED TO ANY OF SUCH POSITIONS MAY BE
DISCONTINUED AT ANY TIME DURING THE PROBATIONARY PERIOD ON THE RECOMMEN-
DATION 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 [chapter] 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[,
consistent  with  any  applicable  rules of the board of regents adopted
pursuant to section three  thousand  twelve-b  of  this  article].  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  [such  law] THIS ARTICLE:   (a) insubordination,
immoral character or conduct unbecoming  a  teacher;  (b)  inefficiency,
incompetency,  physical  or  mental  disability, or neglect of duty; (c)
failure to maintain certification as required by this chapter and by the
regulations of the commissioner.  Each person who is not  to  be  recom-
mended  for  appointment  on  tenure, shall be so notified by the super-
intendent of schools in writing not later than  sixty  days  immediately
preceding the expiration of his 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
FOUR PRECEDING YEARS, EXCLUSIVE OF ANY BREAKS IN SERVICE; PROVIDED THAT,
NOTWITHSTANDING ANY OTHER PROVISION OF THIS  SECTION  TO  THE  CONTRARY,
WHEN  A  TEACHER  OR PRINCIPAL RECEIVES AN EFFECTIVE OR HIGHLY EFFECTIVE
RATING IN EACH YEAR OF HIS OR HER 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, 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 BUILD-
ING 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 PRIN-
CIPAL'S  RECEIPT OF A MINIMUM RATING IN THE FINAL YEAR OF THE PROBATION-
ARY  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 PRINCI-
PAL'S PROBATIONARY PERIOD MAY BE EXTENDED IN ACCORDANCE WITH THIS SUBDI-
VISION. SUCH PERSONS WHO HAVE BEEN RECOMMENDED FOR TENURE AND ALL OTHERS
EMPLOYED IN THE TEACHING SERVICE OF THE SCHOOLS OF SUCH SCHOOL  DISTRICT
WHO  HAVE  SERVED  THE  FULL PROBATIONARY PERIOD AS EXTENDED PURSUANT TO
THIS SUBDIVISION SHALL  HOLD  THEIR  RESPECTIVE  POSITIONS  DURING  GOOD
BEHAVIOR AND EFFICIENT AND COMPETENT SERVICE, AND SHALL NOT BE REMOVABLE
EXCEPT  FOR  CAUSE AFTER A HEARING AS PROVIDED BY SECTION THREE THOUSAND
TWENTY-A OR SECTION THREE THOUSAND TWENTY-B OF THIS ARTICLE. FAILURE  TO
MAINTAIN  CERTIFICATION  AS REQUIRED BY THIS CHAPTER AND THE REGULATIONS
OF THE COMMISSIONER SHALL CONSTITUTE CAUSE FOR REMOVAL.
  3. 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.
  S 5. Section 3014 of the education law, as added by chapter 583 of the
laws of 1955, subdivision 1 as amended by chapter 551  of  the  laws  of
1976,  subdivision 2 as amended by section 10 of part A of chapter 57 of
the laws of 2007, is amended to read as follows:
  S 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 [chapter] ARTICLE, the probationary period shall not exceed
two  years.  Services of a person so appointed to any such positions may
be discontinued at any time during such probationary  period,  upon  the
recommendation of the district superintendent, by a majority vote of the
board of cooperative educational services.
  (B)  ADMINISTRATIVE  ASSISTANTS,  SUPERVISORS,  TEACHERS AND ALL OTHER
MEMBERS OF THE TEACHING AND SUPERVISING STAFF OF THE  BOARD  OF  COOPER-
ATIVE  EDUCATIONAL  SERVICES APPOINTED ON OR AFTER JULY FIRST, TWO THOU-
SAND FIFTEEN, SHALL BE APPOINTED BY A MAJORITY  VOTE  OF  THE  BOARD  OF
COOPERATIVE EDUCATIONAL SERVICES UPON THE RECOMMENDATION OF THE DISTRICT
SUPERINTENDENT  OF  SCHOOLS  FOR  A PROBATIONARY PERIOD OF NOT TO EXCEED
FOUR YEARS; PROVIDED, HOWEVER, THAT IN THE CASE OF  A  TEACHER  WHO  HAS
BEEN  APPOINTED  ON  TENURE  IN  A SCHOOL DISTRICT WITHIN THE STATE, THE
BOARD OF COOPERATIVE EDUCATIONAL SERVICES WHERE CURRENTLY  EMPLOYED,  OR
ANOTHER  BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES,  AND WHO WAS NOT
DISMISSED FROM SUCH DISTRICT OR BOARD AS A  RESULT  OF  CHARGES  BROUGHT
PURSUANT  TO  SECTION  THREE THOUSAND TWENTY-A OR SECTION THREE THOUSAND
TWENTY-B OF THIS ARTICLE, THE TEACHER SHALL BE APPOINTED  FOR  A  PROBA-
TIONARY PERIOD OF THREE YEARS; PROVIDED THAT, IN THE CASE OF A CLASSROOM
TEACHER,  THE  TEACHER  DEMONSTRATES THAT HE OR SHE RECEIVED A COMPOSITE
ANNUAL PROFESSIONAL PERFORMANCE REVIEW RATING PURSUANT TO SECTION  THREE
THOUSAND  TWELVE-C  OR THREE THOUSAND TWELVE-D OF THIS CHAPTER 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.
SERVICES  OF  A PERSON SO APPOINTED TO ANY SUCH POSITIONS MAY BE DISCON-
TINUED AT ANY TIME DURING SUCH PROBATIONARY PERIOD, UPON THE RECOMMENDA-
TION 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[, consistent with any applicable rules of the board of
regents adopted pursuant to section  three  thousand  twelve-b  of  this
article]. 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
[such law] THIS ARTICLE: [(a)] (I) Insubordination, immoral character or
conduct unbecoming a teacher;  [(b)]  (II)  Inefficiency,  incompetency,
[physical  or mental disability] or neglect of duty; [(c)] (III) Failure
to maintain certification as required by this chapter and by  the  regu-
lations 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 expiration of his OR HER 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 PRINCI-
PAL, WHO HAVE RECEIVED COMPOSITE ANNUAL PROFESSIONAL PERFORMANCE  REVIEW
RATINGS  PURSUANT  TO  SECTION  THREE THOUSAND TWELVE-C OR SECTION THREE
THOUSAND TWELVE-D OF THIS ARTICLE, OF EITHER EFFECTIVE OR HIGHLY  EFFEC-
TIVE  IN  AT  LEAST  THREE OF THE FOUR PRECEDING YEARS, EXCLUSIVE OF ANY
BREAKS IN SERVICE; PROVIDED THAT, NOTWITHSTANDING ANY OTHER PROVISION OF
THIS SECTION TO THE CONTRARY, WHEN A TEACHER OR  PRINCIPAL  RECEIVES  AN
EFFECTIVE  OR  HIGHLY EFFECTIVE RATING IN EACH YEAR OF HIS OR HER PROBA-
TIONARY SERVICE EXCEPT HE OR SHE RECEIVES AN INEFFECTIVE RATING  IN  THE
FINAL  YEAR OF HIS OR HER PROBATIONARY PERIOD, SUCH TEACHER SHALL NOT BE
ELIGIBLE FOR TENURE BUT THE BOARD OF EDUCATION IN  ITS  DISCRETION,  MAY
EXTEND  THE  TEACHER'S  PROBATIONARY  PERIOD  FOR  AN  ADDITIONAL  YEAR;
PROVIDED,  HOWEVER  THAT  IF  SUCH  TEACHER  OR  PRINCIPAL  SUCCESSFULLY
APPEALED  SUCH INEFFECTIVE RATING, SUCH TEACHER OR PRINCIPAL SHALL IMME-
DIATELY BE ELIGIBLE FOR TENURE IF THE RATING RESULTING FROM  THE  APPEAL
ESTABLISHED  THAT SUCH INDIVIDUAL HAS BEEN EFFECTIVE OR HIGHLY EFFECTIVE
IN  AT LEAST THREE OF THE PRECEDING FOUR YEARS AND WAS  NOT  INEFFECTIVE
IN  THE  FINAL YEAR.   AT THE EXPIRATION OF THE PROBATIONARY PERIOD, THE
CLASSROOM TEACHER OR BUILDING PRINCIPAL  SHALL  REMAIN  IN  PROBATIONARY
STATUS UNTIL THE END OF THE SCHOOL YEAR IN WHICH SUCH TEACHER OR PRINCI-
PAL  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 COOPER-
ATIVE  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 RESPEC-
TIVE POSITIONS DURING GOOD BEHAVIOR AND COMPETENT AND EFFICIENT  SERVICE
AND SHALL NOT BE REMOVED EXCEPT FOR ANY OF THE FOLLOWING CAUSES, AFTER A
HEARING, AS PROVIDED BY SECTION THREE THOUSAND TWENTY-A OR SECTION THREE
THOUSAND  TWENTY-B OF THIS ARTICLE: (I) INSUBORDINATION, IMMORAL CHARAC-
TER OR CONDUCT UNBECOMING A TEACHER; (II) INEFFICIENCY, INCOMPETENCY, OR
NEGLECT OF DUTY; (III) FAILURE TO MAINTAIN CERTIFICATION AS REQUIRED  BY
THIS CHAPTER AND BY THE REGULATIONS OF THE COMMISSIONER. EACH PERSON WHO
IS  NOT TO BE SO RECOMMENDED FOR APPOINTMENT ON TENURE SHALL BE SO NOTI-
FIED IN WRITING BY THE DISTRICT SUPERINTENDENT NOT LATER THAN SIXTY DAYS
IMMEDIATELY PRECEDING THE EXPIRATION OF HIS OR HER PROBATIONARY PERIOD.
  S 6. Subdivision 1 of section 3012-c of the education law, as  amended
by chapter 21 of the laws of 2012, is amended to read as follows:
  1.  Notwithstanding  any other provision of law, rule or regulation to
the contrary, the annual professional performance reviews of all  class-
room  teachers  and  building principals employed by school districts or
boards of cooperative educational services shall be conducted in accord-
ance with the provisions of this section. Such performance reviews which
are conducted on or after July first, two  thousand  eleven,  or  on  or
after  the  date  specified  in  paragraph  c of subdivision two of this
section where applicable, shall include measures of student  achievement
and  be  conducted  in accordance with this section. Such annual profes-
sional performance reviews shall be a significant factor for  employment
decisions  including  but  not  limited to, promotion, retention, tenure
determination, termination, and supplemental compensation,  which  deci-
sions  are  to  be  made in accordance with locally developed procedures
negotiated pursuant to the requirements of article fourteen of the civil
service law where applicable. Provided, however, that  nothing  in  this
section shall be construed to affect the UNFETTERED statutory right of a
school  district  or board of cooperative educational services to termi-
nate a probationary teacher or principal for ANY statutorily and consti-
tutionally permissible reasons [other than the performance of the teach-
er or principal in the classroom or school], including but  not  limited
to  misconduct  AND  UNTIL A TENURE DECISION IS MADE, THE PERFORMANCE OF
THE TEACHER OR PRINCIPAL IN THE CLASSROOM.    Such  performance  reviews
shall also be a significant factor in teacher and principal development,
including  but not limited to, coaching, induction support and differen-
tiated professional development, which are to be locally established  in
accordance  with  procedures  negotiated pursuant to the requirements of
article fourteen of the civil service law.
  S 7. Paragraph b of subdivision 5 of section 3012-c of  the  education
law,  as  added by chapter 21 of the laws of 2012, is amended to read as
follows:
  b. Nothing in this section shall be construed to alter or diminish the
authority of the governing body of a school district or board of cooper-
ative educational services to grant  or  deny  tenure  to  or  terminate
probationary  teachers  or  probationary  building principals during the
pendency of an appeal pursuant  to  this  section  for  statutorily  and
constitutionally  permissible  reasons [other than] INCLUDING the teach-
er's or principal's performance that is the subject of the appeal.
  S 8. This act shall take effect immediately.


                                SUBPART E
  Section   1.   Authority  of  the  commissioner.  Notwithstanding  any
provisions of section 3012-c of the education law to the  contrary,  the
commissioner of the state education department, is hereby authorized and
directed  to,  subject to the provisions of section 207 of the education
law, adopt regulations of the commissioner and guidelines no later  than
June  30,  2015,  to  implement a statewide annual teacher and principal
evaluation system in New York state pursuant to section  3012-d  of  the
education  law,  as added by this act, after consulting with experts and
practitioners in the fields of education,  economics  and  psychometrics
and  taking  into  consideration  the parameters set forth in the letter
from the Chancellor of the Board  of  Regents  and  acting  commissioner
dated  December  31, 2014, to the New York State Director of State Oper-
ations. The commissioner shall also establish a process to accept public
comments and  recommendations  regarding  the  adoption  of  regulations
pursuant  to  section 3012-d of the education law and consult in writing
with the Secretary of the  United  States  Department  of  Education  on
weights, measures and ranking of evaluation categories and subcomponents
and  shall  release the response from the Secretary upon receipt thereof
but in any event prior to publication of the regulations hereunder.
  S 2. The education law is amended by adding a new  section  3012-d  to
read as follows:
  S  3012-D.  ANNUAL  TEACHER  AND  PRINCIPAL  EVALUATIONS.   1. GENERAL
PROVISIONS. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  RULE  OR  REGU-
LATION  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 EVALU-
ATIONS SHALL BE A SIGNIFICANT FACTOR FOR EMPLOYMENT DECISIONS  INCLUDING
BUT  NOT  LIMITED TO, PROMOTION, RETENTION, TENURE DETERMINATION, TERMI-
NATION, 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  DIFFERENTIATED  PROFES-
SIONAL DEVELOPMENT.
  2. DEFINITIONS.
  A.  "DISTRICT"  SHALL MEAN SCHOOL DISTRICT AND/OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES, EXCEPT THAT FOR PURPOSES OF SUBDIVISION ELEVEN  OF
THIS SECTION IT SHALL ONLY MEAN A SCHOOL DISTRICT;
  B.  "PRINCIPAL" SHALL MEAN A BUILDING PRINCIPAL OR AN ADMINISTRATOR IN
CHARGE OF AN INSTRUCTIONAL PROGRAM OF A BOARD OF COOPERATIVE EDUCATIONAL
SERVICES;
  C. "STUDENT GROWTH" SHALL MEAN THE CHANGE IN STUDENT  ACHIEVEMENT  FOR
AN INDIVIDUAL STUDENT BETWEEN TWO OR MORE POINTS IN TIME.
  D.  "STATE-DESIGNED SUPPLEMENTAL ASSESSMENT" SHALL MEAN A SELECTION OF
STATE TESTS OR ASSESSMENTS DEVELOPED OR DESIGNED BY THE STATE  EDUCATION
DEPARTMENT, OR THAT THE STATE EDUCATION DEPARTMENT PURCHASED OR ACQUIRED
FROM  (I)  ANOTHER  STATE;  (II)  AN INSTITUTION OF HIGHER EDUCATION; OR
(III) A COMMERCIAL OR NOT-FOR-PROFIT ENTITY, PROVIDED THAT  SUCH  ENTITY
MUST  BE OBJECTIVE AND MAY NOT HAVE A CONFLICT OF INTEREST OR APPEARANCE
OF A CONFLICT OF INTEREST; SUCH DEFINITION MAY INCLUDE TESTS OR  ASSESS-
MENTS THAT HAVE BEEN PREVIOUSLY DESIGNED OR ACQUIRED BY LOCAL DISTRICTS,
BUT ONLY IF THE STATE EDUCATION DEPARTMENT SIGNIFICANTLY MODIFIES GROWTH
TARGETS  OR  SCORING  BANDS  FOR  SUCH TESTS OR ASSESSMENTS OR OTHERWISE
ADAPTS  THE  TEST  OR  ASSESSMENT  TO  THE  STATE EDUCATION DEPARTMENT'S
REQUIREMENTS.
  3. RATINGS. THE ANNUAL EVALUATIONS CONDUCTED PURSUANT TO THIS  SECTION
SHALL RATE TEACHER AND PRINCIPAL EFFECTIVENESS USING THE FOLLOWING CATE-
GORIES: HIGHLY EFFECTIVE OR "H", EFFECTIVE OR "E", DEVELOPING OR "D" AND
INEFFECTIVE OR "I".
  4.  CATEGORIES. THE ANNUAL EVALUATION SYSTEM SHALL CONSIST OF MULTIPLE
MEASURES IN TWO CATEGORIES: STUDENT  PERFORMANCE  AND  TEACHER  OBSERVA-
TIONS.
  A. STUDENT PERFORMANCE CATEGORY. SUCH CATEGORY SHALL HAVE AT LEAST ONE
SUBCOMPONENT AND AN OPTIONAL SECOND SUBCOMPONENT AS FOLLOWS:
  (1) FOR THE FIRST SUBCOMPONENT, (A) FOR A TEACHER WHOSE COURSE ENDS IN
A STATE-CREATED OR ADMINISTERED TEST FOR WHICH THERE IS A STATE-PROVIDED
GROWTH  MODEL,  SUCH  TEACHER  SHALL  HAVE A STATE-PROVIDED GROWTH SCORE
BASED ON SUCH MODEL; AND (B) FOR A TEACHER WHOSE COURSE DOES NOT END  IN
A  STATE-CREATED  OR ADMINISTERED TEST SUCH TEACHER SHALL HAVE A STUDENT
LEARNING OBJECTIVE (SLO) CONSISTENT WITH A GOAL-SETTING  PROCESS  DETER-
MINED OR DEVELOPED BY THE COMMISSIONER, THAT RESULTS IN A STUDENT GROWTH
SCORE;  PROVIDED  THAT,  FOR  ANY  TEACHER WHOSE COURSE ENDS IN A STATE-
CREATED OR ADMINISTERED ASSESSMENT FOR WHICH THERE IS NO  STATE-PROVIDED
GROWTH  MODEL, SUCH ASSESSMENT MUST BE USED AS THE UNDERLYING ASSESSMENT
FOR SUCH SLO;
  (2) FOR THE OPTIONAL  SECOND  SUBCOMPONENT,  A  DISTRICT  MAY  LOCALLY
SELECT  A  SECOND  MEASURE  IN  ACCORDANCE  WITH THIS SUBPARAGRAPH. SUCH
SECOND MEASURE SHALL APPLY IN A CONSISTENT MANNER, TO THE EXTENT PRACTI-
CABLE, ACROSS THE DISTRICT AND BE EITHER: (A)  A  SECOND  STATE-PROVIDED
GROWTH SCORE ON A STATE-CREATED OR ADMINISTERED TEST UNDER CLAUSE (A) OF
SUBPARAGRAPH  ONE  OF  THIS  PARAGRAPH, OR (B) A GROWTH SCORE BASED ON A
STATE-DESIGNED SUPPLEMENTAL ASSESSMENT, CALCULATED USING A STATE-PROVID-
ED OR APPROVED GROWTH MODEL.  THE  OPTIONAL  SECOND  SUBCOMPONENT  SHALL
PROVIDE  OPTIONS  FOR  MULTIPLE  ASSESSMENT MEASURES THAT ARE ALIGNED TO
EXISTING CLASSROOM AND SCHOOL BEST PRACTICES AND TAKE INTO CONSIDERATION
THE RECOMMENDATIONS IN THE  TESTING  REDUCTION  REPORT  AS  REQUIRED  BY
SECTION  ONE  OF  SUBPART  F  OF THE CHAPTER OF THE LAWS OF TWO THOUSAND
FIFTEEN WHICH ADDED THIS SECTION REGARDING THE REDUCTION OF  UNNECESSARY
ADDITIONAL TESTING.
  THE  COMMISSIONER  SHALL  DETERMINE THE WEIGHTS AND SCORING RANGES FOR
THE SUBCOMPONENT OR SUBCOMPONENTS OF THE  STUDENT  PERFORMANCE  CATEGORY
THAT  SHALL RESULT IN A COMBINED CATEGORY RATING. THE COMMISSIONER SHALL
ALSO SET PARAMETERS FOR APPROPRIATE TARGETS FOR STUDENT GROWTH FOR  BOTH
SUBCOMPONENTS,  AND  THE DEPARTMENT MUST AFFIRMATIVELY APPROVE AND SHALL
HAVE THE AUTHORITY TO DISAPPROVE OR REQUIRE  MODIFICATIONS  OF  DISTRICT
PLANS  THAT  DO  NOT  SET  APPROPRIATE  GROWTH  TARGETS, INCLUDING AFTER
INITIAL APPROVAL. THE COMMISSIONER SHALL SET SUCH WEIGHTS AND PARAMETERS
CONSISTENT WITH THE TERMS CONTAINED HEREIN.
  B. TEACHER OBSERVATIONS CATEGORY. THE OBSERVATIONS CATEGORY FOR TEACH-
ERS SHALL BE BASED ON A STATE-APPROVED RUBRIC AND SHALL  INCLUDE  UP  TO
THREE  SUBCOMPONENTS.    SUCH CATEGORY MUST INCLUDE:  (1) A SUBCOMPONENT
BASED ON CLASSROOM  OBSERVATIONS  CONDUCTED  BY  A  PRINCIPAL  OR  OTHER
TRAINED  ADMINISTRATOR AND MUST ALSO INCLUDE (2) A SUBCOMPONENT BASED ON
CLASSROOM OBSERVATIONS BY AN IMPARTIAL INDEPENDENT TRAINED EVALUATOR  OR
EVALUATORS  SELECTED  BY  THE DISTRICT. AN INDEPENDENT TRAINED EVALUATOR
MAY BE EMPLOYED WITHIN THE SCHOOL DISTRICT,  BUT  NOT  THE  SAME  SCHOOL
BUILDING, AS THE TEACHER BEING EVALUATED. SUCH CATEGORY MAY ALSO INCLUDE
A  SUBCOMPONENT  BASED  ON CLASSROOM OBSERVATIONS CONDUCTED BY A TRAINED
PEER TEACHER RATED EFFECTIVE OR HIGHLY EFFECTIVE FROM THE SAME SCHOOL OR
FROM ANOTHER SCHOOL IN THE DISTRICT.
  THE COMMISSIONER SHALL DETERMINE THE WEIGHTS, AND/OR WEIGHTING OPTIONS
AND  SCORING  RANGES  FOR THE SUBCOMPONENTS OF THE OBSERVATIONS CATEGORY
THAT RESULT IN A COMBINED CATEGORY RATING. THE COMMISSIONER  SHALL  ALSO
DETERMINE  THE  MINIMUM NUMBER OF OBSERVATIONS TO BE CONDUCTED ANNUALLY,
INCLUDING FREQUENCY AND  DURATION,  AND  ANY  PARAMETERS  THEREFOR.  THE
COMMISSIONER SHALL SET SUCH WEIGHTS AND SCORES CONSISTENT WITH THE TERMS
CONTAINED HEREIN.
  5.  RATING  DETERMINATION.  THE  OVERALL RATING DETERMINATION SHALL BE
DETERMINED ACCORDING TO A METHODOLOGY AS FOLLOWS:
  A. THE FOLLOWING RULES SHALL APPLY: A TEACHER OR PRINCIPAL WHO IS  (1)
RATED  USING  TWO  SUBCOMPONENTS IN THE STUDENT PERFORMANCE CATEGORY AND
RECEIVES A RATING OF INEFFECTIVE IN SUCH CATEGORY SHALL BE  RATED  INEF-
FECTIVE  OVERALL;  PROVIDED,  HOWEVER,  THAT  IF THE MEASURE USED IN THE
SECOND SUBCOMPONENT IS A STATE-PROVIDED GROWTH SCORE ON A  STATE-CREATED
OR ADMINISTERED TEST PURSUANT TO CLAUSE (A) OF SUBPARAGRAPH ONE OF PARA-
GRAPH  A OF SUBDIVISION FOUR OF THIS SECTION, A TEACHER OR PRINCIPAL WHO
RECEIVES A RATING OF INEFFECTIVE IN SUCH CATEGORY SHALL NOT BE  ELIGIBLE
TO  RECEIVE A RATING OF EFFECTIVE OR HIGHLY EFFECTIVE OVERALL; (2) RATED
USING ONLY THE STATE MEASURE SUBCOMPONENT  IN  THE  STUDENT  PERFORMANCE
CATEGORY AND RECEIVES A RATING OF INEFFECTIVE IN SUCH CATEGORY SHALL NOT
BE  ELIGIBLE  TO RECEIVE A RATING OF EFFECTIVE OR HIGHLY EFFECTIVE OVER-
ALL; AND (3) RATED INEFFECTIVE  IN  THE  TEACHER  OBSERVATIONS  CATEGORY
SHALL  NOT BE ELIGIBLE TO RECEIVE A RATING OF EFFECTIVE OR HIGHLY EFFEC-
TIVE OVERALL.
  B. EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH A OF THIS SUBDIVISION,  A
TEACHER'S COMPOSITE SCORE SHALL BE DETERMINED AS FOLLOWS:
  (1)  IF  A  TEACHER RECEIVES AN H IN THE TEACHER OBSERVATION CATEGORY,
AND AN H IN THE STUDENT PERFORMANCE CATEGORY,  THE  TEACHER'S  COMPOSITE
SCORE SHALL BE H;
  (2)  IF  A  TEACHER RECEIVES AN H IN THE TEACHER OBSERVATION CATEGORY,
AND AN E IN THE STUDENT PERFORMANCE CATEGORY,  THE  TEACHER'S  COMPOSITE
SCORE SHALL BE H;
  (3)  IF  A  TEACHER RECEIVES AN H IN THE TEACHER OBSERVATION CATEGORY,
AND A D IN THE STUDENT PERFORMANCE  CATEGORY,  THE  TEACHER'S  COMPOSITE
SCORE SHALL BE E;
  (4)  IF  A  TEACHER RECEIVES AN H IN THE TEACHER OBSERVATION CATEGORY,
AND AN I IN THE STUDENT PERFORMANCE CATEGORY,  THE  TEACHER'S  COMPOSITE
SCORE SHALL BE D;
  (5)  IF  A  TEACHER RECEIVES AN E IN THE TEACHER OBSERVATION CATEGORY,
AND AN H IN THE STUDENT PERFORMANCE CATEGORY,  THE  TEACHER'S  COMPOSITE
SCORE SHALL BE H;
  (6)  IF  A  TEACHER RECEIVES AN E IN THE TEACHER OBSERVATION CATEGORY,
AND AN E IN THE STUDENT PERFORMANCE CATEGORY,  THE  TEACHER'S  COMPOSITE
SCORE SHALL BE E;
  (7)  IF  A  TEACHER RECEIVES AN E IN THE TEACHER OBSERVATION CATEGORY,
AND A D IN THE STUDENT PERFORMANCE  CATEGORY,  THE  TEACHER'S  COMPOSITE
SCORE SHALL BE E;
  (8)  IF  A  TEACHER RECEIVES AN E IN THE TEACHER OBSERVATION CATEGORY,
AND AN I IN THE STUDENT PERFORMANCE CATEGORY,  THE  TEACHER'S  COMPOSITE
SCORE SHALL BE D;
  (9) IF A TEACHER RECEIVES A D IN THE TEACHER OBSERVATION CATEGORY, AND
AN  H IN THE STUDENT PERFORMANCE CATEGORY, THE TEACHER'S COMPOSITE SCORE
SHALL BE E;
  (10)  IF  A  TEACHER RECEIVES A D IN THE TEACHER OBSERVATION CATEGORY,
AND AN E IN THE STUDENT PERFORMANCE CATEGORY,  THE  TEACHER'S  COMPOSITE
SCORE SHALL BE E;
  (11)  IF  A  TEACHER RECEIVES A D IN THE TEACHER OBSERVATION CATEGORY,
AND A D IN THE STUDENT PERFORMANCE  CATEGORY,  THE  TEACHER'S  COMPOSITE
SCORE SHALL BE D;
  (12)  IF  A  TEACHER RECEIVES A D IN THE TEACHER OBSERVATION CATEGORY,
AND AN I IN THE STUDENT PERFORMANCE CATEGORY,  THE  TEACHER'S  COMPOSITE
SCORE SHALL BE I;
  (13)  IF  A TEACHER RECEIVES AN I IN THE TEACHER OBSERVATION CATEGORY,
AND AN H IN THE STUDENT PERFORMANCE CATEGORY,  THE  TEACHER'S  COMPOSITE
SCORE SHALL BE D;
  (14)  IF  A TEACHER RECEIVES AN I IN THE TEACHER OBSERVATION CATEGORY,
AND AN E IN THE STUDENT PERFORMANCE CATEGORY,  THE  TEACHER'S  COMPOSITE
SCORE SHALL BE D;
  (15)  IF  A TEACHER RECEIVES AN I IN THE TEACHER OBSERVATION CATEGORY,
AND A D IN THE STUDENT PERFORMANCE  CATEGORY,  THE  TEACHER'S  COMPOSITE
SCORE SHALL BE I;
  (16)  IF  A TEACHER RECEIVES AN I IN THE TEACHER OBSERVATION CATEGORY,
AND AN I IN THE STUDENT PERFORMANCE CATEGORY,  THE  TEACHER'S  COMPOSITE
SCORE SHALL BE I.
  6.  PROHIBITED  ELEMENTS.  THE  FOLLOWING  ELEMENTS SHALL NO LONGER BE
ELIGIBLE TO BE USED IN ANY  EVALUATION  SUBCOMPONENT  PURSUANT  TO  THIS
SECTION:
  A. EVIDENCE OF STUDENT DEVELOPMENT AND PERFORMANCE DERIVED FROM LESSON
PLANS,  OTHER  ARTIFACTS  OF  TEACHER  PRACTICE, AND STUDENT PORTFOLIOS,
EXCEPT FOR STUDENT PORTFOLIOS MEASURED BY A STATE-APPROVED RUBRIC  WHERE
PERMITTED BY THE DEPARTMENT;
  B. USE OF AN INSTRUMENT FOR PARENT OR STUDENT FEEDBACK;
  C.  USE OF PROFESSIONAL GOAL-SETTING AS EVIDENCE OF TEACHER OR PRINCI-
PAL EFFECTIVENESS;
  D. ANY DISTRICT OR REGIONALLY-DEVELOPED ASSESSMENT THAT HAS  NOT  BEEN
APPROVED BY THE DEPARTMENT; AND
  E.  ANY  GROWTH  OR  ACHIEVEMENT TARGET THAT DOES NOT MEET THE MINIMUM
STANDARDS AS SET FORTH IN REGULATIONS OF THE COMMISSIONER ADOPTED  HERE-
UNDER.
  7. THE COMMISSIONER SHALL ENSURE THAT THE PROCESS BY WHICH WEIGHTS AND
SCORING RANGES ARE ASSIGNED TO SUBCOMPONENTS AND CATEGORIES IS TRANSPAR-
ENT  AND  AVAILABLE  TO  THOSE  BEING RATED BEFORE THE BEGINNING OF EACH
SCHOOL YEAR. SUCH PROCESS MUST ENSURE THAT IT IS POSSIBLE FOR A  TEACHER
OR  PRINCIPAL  TO  OBTAIN ANY NUMBER OF POINTS IN THE APPLICABLE SCORING
RANGES,  INCLUDING  ZERO,  IN  EACH  SUBCOMPONENT.  THE  SUPERINTENDENT,
DISTRICT  SUPERINTENDENT  OR  CHANCELLOR  AND  THE REPRESENTATIVE OF THE
COLLECTIVE BARGAINING UNIT (WHERE  ONE  EXISTS)  SHALL  CERTIFY  IN  THE
DISTRICT'S  PLAN THAT THE EVALUATION PROCESS SHALL USE THE STANDARDS FOR
THE SCORING RANGES PROVIDED BY THE COMMISSIONER. PROVIDED, HOWEVER, THAT
IN ANY EVENT, THE FOLLOWING RULES SHALL APPLY: A  TEACHER  OR  PRINCIPAL
WHO IS:
  A.  RATED  USING TWO SUBCOMPONENTS IN THE STUDENT PERFORMANCE CATEGORY
AND RECEIVES A RATING OF INEFFECTIVE IN SUCH  CATEGORY  SHALL  BE  RATED
INEFFECTIVE  OVERALL,  EXCEPT  THAT  IF  THE  MEASURE USED IN THE SECOND
SUBCOMPONENT IS A SECOND STATE-PROVIDED GROWTH SCORE ON A STATE-ADMINIS-
TERED OR SPONSORED TEST PURSUANT TO CLAUSE (A) OF  SUBPARAGRAPH  ONE  OF
PARAGRAPH  A OF SUBDIVISION FOUR OF THIS SECTION, A TEACHER OR PRINCIPAL
THAT RECEIVES A RATING OF INEFFECTIVE IN  SUCH  CATEGORY  SHALL  NOT  BE
ELIGIBLE TO RECEIVE A RATING OF EFFECTIVE OR HIGHLY EFFECTIVE OVERALL;
  B.  RATED  USING  ONLY  THE  STATE MEASURE SUBCOMPONENT IN THE STUDENT
PERFORMANCE CATEGORY AND RECEIVES A RATING OF INEFFECTIVE IN SUCH  CATE-
GORY  SHALL  NOT  BE ELIGIBLE TO RECEIVE A RATING OF EFFECTIVE OR HIGHLY
EFFECTIVE OVERALL; AND
  C. RATED INEFFECTIVE IN THE OBSERVATIONS CATEGORY SHALL NOT BE  ELIGI-
BLE TO RECEIVE A RATING OF EFFECTIVE OR HIGHLY EFFECTIVE OVERALL.
  8.  A STUDENT MAY NOT BE INSTRUCTED, FOR TWO CONSECUTIVE SCHOOL YEARS,
BY ANY TWO TEACHERS IN THE SAME DISTRICT, EACH OF WHOM RECEIVED A RATING
OF INEFFECTIVE UNDER AN EVALUATION CONDUCTED PURSUANT TO THIS SECTION IN
THE SCHOOL YEAR IMMEDIATELY PRIOR  TO  THE  SCHOOL  YEAR  IN  WHICH  THE
STUDENT  IS  PLACED  IN  THE  TEACHER'S  CLASSROOM;  PROVIDED, THAT IF A
DISTRICT DEEMS IT IMPRACTICABLE TO COMPLY  WITH  THIS  SUBDIVISION,  THE
DISTRICT SHALL SEEK A WAIVER FROM THE DEPARTMENT FROM SUCH REQUIREMENT.
  9. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO AFFECT THE UNFETTERED
STATUTORY  RIGHT OF A DISTRICT TO TERMINATE A PROBATIONARY (NON-TENURED)
TEACHER OR PRINCIPAL FOR ANY STATUTORILY AND CONSTITUTIONALLY  PERMISSI-
BLE REASONS.
  10.  THE  LOCAL  COLLECTIVE  BARGAINING REPRESENTATIVE SHALL NEGOTIATE
WITH THE DISTRICT:
  A. WHETHER TO USE A SECOND MEASURE, AND, IN THE EVENT  THAT  A  SECOND
MEASURE  IS  USED, WHICH MEASURE TO USE, PURSUANT TO SUBPARAGRAPH TWO OF
PARAGRAPH A OF SUBDIVISION FOUR OF THIS SECTION AND
  B. HOW TO IMPLEMENT THE PROVISIONS OF PARAGRAPH B OF SUBDIVISION  FOUR
OF  THIS  SECTION,  AND  ASSOCIATED  REGULATIONS  AS  ESTABLISHED BY THE
COMMISSIONER, IN ACCORDANCE WITH ARTICLE FOURTEEN OF THE  CIVIL  SERVICE
LAW.
  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.
  12. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION  TO
THE  CONTRARY,  ALL  COLLECTIVE BARGAINING AGREEMENTS ENTERED INTO AFTER
APRIL FIRST, TWO THOUSAND FIFTEEN SHALL BE CONSISTENT WITH THE  REQUIRE-
MENTS  OF THIS SECTION, UNLESS THE AGREEMENT RELATES TO THE TWO THOUSAND
FOURTEEN--TWO THOUSAND FIFTEEN SCHOOL YEAR ONLY. NOTHING IN THIS SECTION
SHALL BE CONSTRUED TO ABROGATE ANY CONFLICTING PROVISIONS OF ANY COLLEC-
TIVE BARGAINING AGREEMENT IN EFFECT ON APRIL FIRST, TWO THOUSAND FIFTEEN
DURING THE TERM OF SUCH AGREEMENT AND UNTIL THE ENTRY INTO  A  SUCCESSOR
COLLECTIVE BARGAINING AGREEMENT, PROVIDED THAT NOTWITHSTANDING ANY OTHER
PROVISION  OF  LAW TO THE CONTRARY, UPON EXPIRATION OF SUCH TERM AND THE
ENTRY INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT THE PROVISIONS OF
THIS SECTION SHALL APPLY.
  13.  ANY  REFERENCE IN LAW TO "ANNUAL PROFESSIONAL PERFORMANCE REVIEW"
SHALL BE DEEMED TO REFER TO AN ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEW
PURSUANT  TO  SECTION  THREE THOUSAND TWELVE-C OF THIS ARTICLE OR ANNUAL
TEACHER AND PRINCIPAL EVALUATIONS  PURSUANT  TO  THIS  SECTION  AND  ANY
REFERENCES  TO  SECTION THREE THOUSAND TWELVE-C OF THIS ARTICLE SHALL BE
DEEMED TO REFER TO SECTION  THREE  THOUSAND  TWELVE-C  OF  THIS  ARTICLE
AND/OR THIS SECTION, AS APPLICABLE.
  14.  THE  COMMISSIONER  SHALL ADOPT REGULATIONS TO ALIGN THE PRINCIPAL
EVALUATION SYSTEM AS SET FORTH IN SECTION  THREE  THOUSAND  TWELVE-C  OF
THIS ARTICLE WITH THE NEW TEACHER EVALUATION SYSTEM SET FORTH HEREIN.
  15.  THE  PROVISIONS OF PARAGRAPHS D, K, K-1, K-2 AND L OF SUBDIVISION
TWO AND SUBDIVISIONS FOUR, FIVE, FIVE-A, NINE, AND TEN OF SECTION  THREE
THOUSAND  TWELVE-C  OF  THIS  ARTICLE,  AS  AMENDED, SHALL APPLY TO THIS
SECTION TO THE EXTENT DETERMINED BY THE COMMISSIONER.
  S 3. This act shall take effect immediately.


                                SUBPART F
  Section 1.   Testing reduction  report.  New  York  families  in  many
districts  are expressing significant stress and anxiety from over-test-
ing. The demands of state tests have been growing and there has been  an
increase  in  the  number  of  local tests. As a result, testing in many
districts has reached a level that  is  counterproductive  and  must  be
addressed.  On  or  before  June 1, 2015, the Chancellor of the Board of
Regents shall submit a report to the Governor, the  Temporary  President
of the Senate, and the Speaker of the Assembly outlining recommendations
that  shall  help to: reduce the amount of state and local student test-
ing, improve the quality thereof, and thereby reduce test-related stress
and anxiety for students and educators. The report shall outline ways in
which any future testing in New York shall be implemented  in  a  manner
that  minimizes classroom preparation, student stress and student anxie-
ty. The Chancellor shall work with students, parents, educators,  school
districts, and other relevant stakeholders in preparing the report.
  S 2. This act shall take effect immediately.


                                SUBPART G
  Section  1.  Subdivision  7-a  of section 305 of the education law, as
added by chapter 296 of the laws of 2008, is amended to read as follows:
  7-a. a. In addition to the authority to revoke and annul a certificate
of qualification of a teacher in a proceeding brought pursuant to subdi-
vision seven of this section, the commissioner shall be authorized,  and
it shall be his or her duty, to revoke and annul in accordance with this
subdivision  the  teaching  certificate  of a teacher convicted of a sex
offense for which registration as a sex offender is required pursuant to
article six-C of the correction law  OR  OF  ANY  OTHER  VIOLENT  FELONY
OFFENSE  OR  OFFENSES  COMMITTED AGAINST A CHILD WHEN SUCH CHILD WAS THE
INTENDED VICTIM OF SUCH OFFENSE.
  b. As used in this subdivision, the following  terms  shall  have  the
following meanings:
  (1)  "conviction"  means  any  conviction whether by plea of guilty or
nolo contendere or from a verdict after trial or otherwise;
  (2) "sex offense" means an offense set forth  in  subdivision  two  or
three  of  section  one  hundred  sixty-eight-a  of  the correction law,
including an offense committed in any jurisdiction for which the  offen-
der is required to register as a sex offender in New York;
  (3)  "teacher"  means  any  professional  educator  holding a teaching
certificate as defined in subparagraph four of this paragraph, including
but not limited  to  a  classroom  teacher,  teaching  assistant,  pupil
personnel  services  professional, school administrator or supervisor or
superintendent of schools; [and]
  (4) "teaching certificate" means the certificate or license  or  other
certificate of qualification granted to a teacher by any authority what-
soever; AND
  (5)  "VIOLENT FELONY OFFENSE" MEANS ANY OFFENSE AS DEFINED IN SUBDIVI-
SION ONE OF SECTION 70.02 OF THE PENAL LAW.
  c. Upon receipt of a certified copy of a criminal history record show-
ing that a teacher has been convicted of a sex offense or  sex  offenses
OR  A  VIOLENT FELONY OFFENSE OR OFFENSES COMMITTED AGAINST A CHILD WHEN
SUCH CHILD WAS THE INTENDED VICTIM OF SUCH OFFENSE or  upon  receipt  of
notice  of such a conviction as provided in paragraph d of this subdivi-
sion, the commissioner shall automatically revoke and annul the teaching
certificate of such teacher without the right to a hearing. The  commis-
sioner  shall  mail  notice  of the revocation and annulment pursuant to
this subdivision by certified mail, return  receipt  requested,  and  by
first-class  mail  directed  to the teacher at such teacher's last known
address and, if different, the last address  filed  by  the  certificate
holder  with  the commissioner and to the teacher's counsel of record in
the criminal proceeding as reported in the notice pursuant to  paragraph
d  of this subdivision. Such notice shall inform the teacher that his or
her certificate has been revoked and annulled, identify the sex  offense
or  sex offenses OR VIOLENT FELONY OFFENSE OR OFFENSES COMMITTED AGAINST
A CHILD WHEN SUCH CHILD WAS THE INTENDED VICTIM OF SUCH OFFENSE of which
the teacher has been convicted and shall  set  forth  the  procedure  to
follow  if  the  teacher  denies he or she is the person who has been so
convicted. If such teacher notifies the commissioner in  writing  within
twenty-five  days after the date of receipt of the notice that he or she
is not the same person as the convicted offender identified in the crim-
inal record or identified pursuant to paragraph d of  this  subdivision,
provides  proof to reasonably support such claim and the commissioner is
satisfied the proof establishes  such  claim,  the  commissioner  shall,
within  five  business  days  of the receipt of such proof, restore such
teacher's teaching certificate retroactive to the date of revocation and
annulment.
  d. Upon conviction of a teacher of  a  sex  offense  defined  in  this
subdivision,  the  district  attorney or other prosecuting authority who
obtained such conviction shall provide notice of such conviction to  the
commissioner  identifying  the  sex  offense  or sex offenses OR VIOLENT
FELONY OFFENSE OR OFFENSES COMMITTED AGAINST A CHILD WHEN SUCH CHILD WAS
THE INTENDED VICTIM OF SUCH  OFFENSE  of  which  the  teacher  has  been
convicted,  the  name and address of such offender and other identifying
information prescribed by the  commissioner,  including  the  offender's
date  of birth and social security number, to the extent consistent with
federal and state laws governing personal privacy and confidentiality of
information. Such notice  shall  also  include  the  name  and  business
address of the offender's counsel of record in the criminal proceeding.
  e.  Upon  receipt  of  proof  that  the conviction or convictions that
formed the basis for revocation and annulment of the teacher's  teaching
certificate pursuant to this subdivision have been set aside upon appeal
or  otherwise  reversed,  vacated or annulled, the commissioner shall be
required to conduct a due process hearing pursuant to subdivision  seven
of  this  section  and  part eighty-three of title eight of the New York
codes, rules and regulations prior  to  making  a  determination  as  to
whether  to  reinstate the teacher's original teaching certificate. Such
determination shall be made within ninety days after such proof has been
received.
  f. Except as provided in paragraph g of this subdivision, and notwith-
standing any other provision of law to the contrary, a teacher shall  be
reinstated to his or her position of employment in a public school, with
full  back  pay  and  benefits  from the date his or her certificate was
revoked or annulled to the date of such reinstatement, under the follow-
ing circumstances:
  (i) The termination of employment was based solely on  the  conviction
of  a sex offense, OR CONVICTION OF A VIOLENT FELONY OFFENSE OR OFFENSES
COMMITTED AGAINST A CHILD WHEN SUCH CHILD WAS  THE  INTENDED  VICTIM  OF
SUCH  OFFENSE  or  the revocation or annulment of a certificate based on
such conviction, and such conviction has been set  aside  on  appeal  or
otherwise  reversed,  vacated or annulled and the commissioner has rein-
stated the teacher's certification  pursuant  to  paragraph  e  of  this
subdivision; or
  (ii)  The termination of employment was based solely on the conviction
of a sex offense OR VIOLENT FELONY OFFENSE OR OFFENSES COMMITTED AGAINST
A CHILD WHEN SUCH CHILD WAS THE INTENDED VICTIM OF SUCH OFFENSE  and  it
has  been  determined  that  the  teacher  is not the same person as the
convicted offender.
  g. If a teacher's employment was terminated as a result of a discipli-
nary proceeding conducted pursuant to section three thousand twenty-a of
this chapter or other disciplinary hearing  conducted  pursuant  to  any
collective  bargaining  or  contractual agreement on one or more grounds
other than conviction of a sex offense, or the revocation  or  annulment
of  a  certificate based on such conviction, then nothing in paragraph f
of this subdivision shall require a school district to reinstate employ-
ment of such teacher or be liable for back pay or benefits.
  h. No provision of this  article  shall  be  deemed  to  preclude  the
following:  (i)  the  commissioner from conducting a due process hearing
pursuant to subdivision seven of this section and part  eighty-three  of
title  eight  of  the  New  York codes, rules and regulations; or (ii) a
school district or employing board from bringing a disciplinary proceed-
ing pursuant to section three thousand twenty-a OR THREE THOUSAND  TWEN-
TY-B of this chapter; or (iii) a school district or employing board from
bringing  an alternative disciplinary proceeding conducted pursuant to a
collective bargaining or contractual agreement.
  i. The commissioner shall be authorized to promulgate any  regulations
necessary to implement the provisions of this subdivision.
  S 2. Subdivision 3 and paragraph a of subdivision 4 of section 3020 of
the  education  law,  as amended by chapter 103 of the laws of 2010, are
amended to read as follows:
  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,  (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 subdivisions one and two of this
section shall not apply to agreements negotiated pursuant to this subdi-
vision, 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 alter-
nate disciplinary procedures contained in a collective bargaining agree-
ment 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 subdivi-
sion three of section three thousand twenty-a of this article  in  cases
in  which charges of incompetence are brought against a building princi-
pal 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  princi-
pal  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 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 FRAUDULENT, AND IF NOT SUCCESSFUL-
LY  OVERCOME,  THE FINDING, ABSENT EXTRAORDINARY CIRCUMSTANCES, SHALL BE
JUST CAUSE FOR REMOVAL.  FOR PURPOSES OF THIS SUBDIVISION,  FRAUD  SHALL
INCLUDE MISTAKEN IDENTITY. Notwithstanding 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.
  a.  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 by agreements negotiated between the city school district of
the  city of New York and any employee organization representing employ-
ees or titles that are or were covered by any  memorandum  of  agreement
executed  by  such  city  school  district  and the united federation of
teachers on or after June tenth, two thousand two.   Where  such  proce-
dures  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
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.
  S  3.  Section 3020-a of the education law, as amended by section 1 of
part B of chapter 57 of the laws of 2012, is amended to read as follows:
  S 3020-a. Disciplinary procedures and penalties. 1. Filing of charges.
All charges against a person enjoying the benefits of tenure as provided
in subdivision three of section eleven hundred two, and  sections  twen-
ty-five  hundred  nine,  twenty-five  hundred seventy-three, twenty-five
hundred ninety-j, three thousand twelve and three thousand  fourteen  of
this  chapter  shall be in writing and filed with the clerk or secretary
of the school district or employing board during the period between  the
actual  opening and closing of the school year for which the employed is
normally required to serve. Except as provided in subdivision  eight  of
section  twenty-five  hundred  seventy-three  and  subdivision  seven of
section twenty-five hundred ninety-j of this chapter, no  charges  under
this section shall be brought more than three years after the occurrence
of  the alleged incompetency or misconduct, except when the charge is of
misconduct constituting a crime when committed.
  2. Disposition of charges. a. Upon receipt of the charges,  the  clerk
or secretary of the school district or employing board shall immediately
notify  said  board  thereof. Within five days after receipt of charges,
the employing board, in executive session, shall determine, by a vote of
a majority of all the members of  such  board,  whether  probable  cause
exists  to  bring a disciplinary proceeding against an employee pursuant
to this section. If such determination is affirmative, a written  state-
ment  specifying  (i)  the  charges  in detail, (ii) the maximum penalty
which will be imposed by the board if the employee does  not  request  a
hearing  or  that  will  be sought by the board if the employee is found
guilty of the charges after a hearing and (iii)  the  employee's  rights
under  this  section,  shall  be  immediately  forwarded  to the accused
employee by certified or registered mail, return receipt requested or by
personal delivery to the employee.
  b. The employee may be suspended pending a hearing on the charges  and
the  final  determination  thereof.  The  suspension  shall be with pay,
except the employee may be suspended without pay  if  the  employee  has
entered  a  guilty  plea  to  or  has  been  convicted of a felony crime
concerning the criminal sale or possession of a controlled substance,  a
precursor of a controlled substance, or drug paraphernalia as defined in
article  two  hundred twenty or two hundred twenty-one of the penal law;
or a felony crime involving the physical abuse of a minor or student.
  C. WHERE CHARGES OF MISCONDUCT CONSTITUTING PHYSICAL OR  SEXUAL  ABUSE
OF  A  STUDENT ARE BROUGHT ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN,
THE BOARD OF EDUCATION MAY SUSPEND THE EMPLOYEE WITHOUT PAY  PENDING  AN
EXPEDITED  HEARING  PURSUANT  TO  SUBPARAGRAPH  (I-A)  OF PARAGRAPH C OF
SUBDIVISION THREE OF THIS SECTION.  NOTWITHSTANDING ANY OTHER LAW, RULE,
OR REGULATION TO THE CONTRARY, THE COMMISSIONER SHALL ESTABLISH A  PROC-
ESS  IN  REGULATIONS  FOR  A  PROBABLE CAUSE HEARING BEFORE AN IMPARTIAL
HEARING OFFICER WITHIN TEN DAYS TO DETERMINE  WHETHER  THE  DECISION  TO
SUSPEND  AN  EMPLOYEE  WITHOUT  PAY PURSUANT TO THIS PARAGRAPH SHOULD BE
CONTINUED OR REVERSED.  THE PROCESS FOR SELECTION OF AN IMPARTIAL  HEAR-
ING  OFFICER SHALL BE AS SIMILAR AS POSSIBLE TO THE REGULATORY FRAMEWORK
FOR THE APPOINTMENT OF AN IMPARTIAL  HEARING  OFFICER  FOR  DUE  PROCESS
COMPLAINTS  PURSUANT TO SECTION FORTY-FOUR HUNDRED FOUR OF THIS CHAPTER.
THE HEARING OFFICER SHALL DETERMINE WHETHER PROBABLE CAUSE SUPPORTS  THE
CHARGES  AND  SHALL  REVERSE  THE  DECISION OF THE BOARD OF EDUCATION TO
SUSPEND THE EMPLOYEE WITHOUT PAY AND REINSTATE SUCH PAY UPON  A  FINDING
THAT  PROBABLE  CAUSE DOES NOT SUPPORT THE CHARGES.  THE HEARING OFFICER
MAY ALSO REINSTATE PAY UPON A WRITTEN DETERMINATION  THAT  A  SUSPENSION
WITHOUT  PAY  IS  GROSSLY  DISPROPORTIONATE  IN LIGHT OF ALL SURROUNDING
CIRCUMSTANCES.  PROVIDED, FURTHER, THAT SUCH AN EMPLOYEE SHALL BE ELIGI-
BLE  TO RECEIVE REIMBURSEMENT FOR WITHHELD PAY AND ACCRUED INTEREST AT A
RATE OF SIX PERCENT COMPOUNDED ANNUALLY IF THE HEARING OFFICER FINDS  IN
HIS  OR  HER  FAVOR,  EITHER AT THE PROBABLE CAUSE HEARING OR IN A FINAL
DETERMINATION PURSUANT TO THE EXPEDITED HEARING HELD PURSUANT TO SUBPAR-
AGRAPH (I-A) OF PARAGRAPH C OF SUBDIVISION THREE OF  THIS  SECTION.  ANY
SUSPENSION  WITHOUT PAY SHALL LAST NO LONGER THAN ONE HUNDRED AND TWENTY
DAYS FROM THE DECISION OF THE BOARD OF EDUCATION TO SUSPEND THE EMPLOYEE
WITHOUT PAY AND SUCH SUSPENSION SHALL ONLY RELATE  TO  EMPLOYEE  COMPEN-
SATION, EXCLUSIVE OF OTHER BENEFITS AND GUARANTEES.  NOTWITHSTANDING ANY
OTHER PROVISION OF LAW OR REGULATION TO THE CONTRARY, ANY PROVISION OF A
COLLECTIVE  BARGAINING AGREEMENT ENTERED INTO BY THE CITY OF NEW YORK AS
OF APRIL FIRST, TWO THOUSAND FIFTEEN, THAT PROVIDES FOR SUSPENSION WITH-
OUT PAY FOR OFFENSES AS SPECIFIED IN THIS PARAGRAPH SHALL SUPERSEDE  THE
PROVISIONS  HEREOF AND SHALL CONTINUE IN EFFECT WITHOUT MODIFICATION AND
MAY BE EXTENDED.
  D. The employee shall be terminated without a hearing, as provided for
in this section, upon conviction of a sex offense, as defined in subpar-
agraph two of paragraph  b  of  subdivision  seven-a  of  section  three
hundred  five  of this chapter. To the extent this section applies to an
employee acting as a school administrator or supervisor, as  defined  in
subparagraph  three  of  paragraph  b  of subdivision seven-b of section
three hundred five of this chapter, such employee  shall  be  terminated
without a hearing, as provided for in this section, upon conviction of a
felony offense defined in subparagraph two of paragraph b of subdivision
seven-b of section three hundred five of this chapter.
  [c.  Within]  E.  (I)  FOR HEARINGS COMMENCED BY THE FILING OF CHARGES
PRIOR TO JULY FIRST, TWO THOUSAND FIFTEEN, WITHIN ten days of receipt of
the statement of charges, the employee shall notify the clerk or  secre-
tary of the employing board in writing whether he or she desires a hear-
ing on the charges and when the charges concern pedagogical incompetence
or  issues involving pedagogical judgment, his or her choice of either a
single hearing officer or a three member panel, provided  that  a  three
member  panel  shall not be available where the charges concern pedagog-
ical incompetence based solely upon a teacher's or  principal's  pattern
of ineffective teaching or performance as defined in section three thou-
sand  twelve-c  of  this  article. All other charges shall be heard by a
single hearing officer.
  (II) ALL HEARINGS COMMENCED BY THE FILING OF CHARGES ON OR AFTER  JULY
FIRST, TWO THOUSAND FIFTEEN SHALL BE HEARD BY A SINGLE HEARING OFFICER.
  [d.]  F.  The unexcused failure of the employee to notify the clerk or
secretary of his or her desire for a hearing  within  ten  days  of  the
receipt  of  charges shall be deemed a waiver of the right to a hearing.
Where an employee requests a hearing in the manner provided for by  this
section, the clerk or secretary of the board shall, within three working
days of receipt of the employee's notice or request for a hearing, noti-
fy  the  commissioner  of the need for a hearing. If the employee waives
his or her right to a hearing the employing board shall proceed,  within
fifteen  days,  by a vote of a majority of all members of such board, to
determine the case and fix the penalty, if any, to be imposed in accord-
ance with subdivision four of this section.
  3. Hearings. a. Notice of hearing. Upon receipt of  a  request  for  a
hearing  in accordance with subdivision two of this section, the commis-
sioner shall  forthwith  notify  the  American  Arbitration  Association
(hereinafter  "association") of the need for a hearing and shall request
the association to provide to the commissioner forthwith a list of names
of  persons  chosen  by  the association from the association's panel of
labor arbitrators to potentially serve as hearing officers together with
relevant biographical information on each arbitrator.  Upon  receipt  of
said list and biographical information, the commissioner shall forthwith
send  a  copy  of  both  simultaneously  to  the employing board and the
employee. The commissioner shall also  simultaneously  notify  both  the
employing  board  and  the  employee of each potential hearing officer's
record in the last five cases  of  commencing  and  completing  hearings
within the time periods prescribed in this section.
  b.  (i)  Hearing officers. All hearings pursuant to this section shall
be conducted before and by a single hearing officer selected as provided
for in this section. A hearing officer shall not be eligible to serve in
such position if he or she is a resident of the school  district,  other
than  the  city  of  New  York,  under the jurisdiction of the employing
board, an employee, agent or representative of the employing board or of
any labor organization representing employees of such  employing  board,
has  served as such agent or representative within two years of the date
of the scheduled hearing, or if he or she is then serving as a  mediator
or fact finder in the same school district.
  (A) Notwithstanding any other provision of law, for hearings commenced
by  the filing of charges prior to April first, two thousand twelve, the
hearing officer shall be compensated by the department with the  custom-
ary  fee  paid  for  service  as an arbitrator under the auspices of the
association for each day of actual service  plus  necessary  travel  and
other  reasonable  expenses  incurred  in  the performance of his or her
duties. All other expenses of the disciplinary proceedings commenced  by
the filing of charges prior to April first, two thousand twelve shall be
paid  in  accordance  with rules promulgated by the commissioner. Claims
for such compensation for days of actual service and  reimbursement  for
necessary travel and other expenses for hearings commenced by the filing
of  charges prior to April first, two thousand twelve shall be paid from
an appropriation for such purpose in the order in which they  have  been
approved  by  the commissioner for payment, provided payment shall first
be made for any other hearing costs payable by the commissioner, includ-
ing the costs of transcribing the record, and provided further  that  no
such  claim  shall  be  set  aside  for insufficiency of funds to make a
complete payment, but shall be eligible for a  partial  payment  in  one
year and shall retain its priority date status for appropriations desig-
nated for such purpose in future years.
  (B)  Notwithstanding any other provision of law, rule or regulation to
the contrary, for hearings commenced by the  filing  of  charges  on  or
after  April  first,  two  thousand twelve, the hearing officer shall be
compensated by the department for each day of actual service plus neces-
sary travel and other reasonable expenses incurred in the performance of
his or her duties, provided that  the  commissioner  shall  establish  a
schedule  for maximum rates of compensation of hearing officers based on
customary and reasonable fees for service as an arbitrator  and  provide
for limitations on the number of study hours that may be claimed.
  (ii)  The  commissioner  shall  mail  to  the  employing board and the
employee the list of potential hearing officers and biographies provided
to the commissioner by the association,  the  employing  board  and  the
employee, individually or through their agents or representatives, shall
by  mutual  agreement select a hearing officer from said list to conduct
the hearing and shall notify the commissioner of their selection.
  (iii)  Within fifteen days after receiving the list of potential hear-
ing officers as described in subparagraph (ii) of  this  paragraph,  the
employing  board  and the employee shall each notify the commissioner of
their agreed upon hearing officer selection. If the employing board  and
the  employee fail to agree on an arbitrator to serve as a hearing offi-
cer from the list of potential hearing officers, or fail to  notify  the
commissioner  of  a  selection  within such fifteen day time period, the
commissioner  shall  appoint  a  hearing  officer  from  the  list.  The
provisions  of  this subparagraph shall not apply in cities with a popu-
lation of one million or more with alternative procedures  specified  in
section three thousand twenty of this article.
  (iv)  In  those cases COMMENCED BY THE FILING OF CHARGES PRIOR TO JULY
FIRST, TWO THOUSAND FIFTEEN in which the employee  elects  to  have  the
charges heard by a hearing panel, the hearing panel shall consist of the
hearing  officer,  selected in accordance with this subdivision, and two
additional persons, one selected by the employee and one selected by the
employing board, from a list maintained for such purpose by the  commis-
sioner. The list shall be composed of professional personnel with admin-
istrative  or supervisory responsibility, professional personnel without
administrative or supervisory responsibility, chief  school  administra-
tors,  members  of  employing  boards  and others selected from lists of
nominees  submitted  to  the  commissioner  by  statewide  organizations
representing  teachers,  school  administrators  and supervisors and the
employing boards. Hearing panel members other than the  hearing  officer
shall  be  compensated  by  the  department  at  the rate of one hundred
dollars for each day of actual service plus necessary travel and subsis-
tence expenses. The hearing officer shall be compensated as set forth in
this subdivision. The hearing officer shall be the  chairperson  of  the
hearing panel.
  c.  Hearing  procedures. (i) (A) The commissioner shall have the power
to establish necessary rules and procedures for the conduct of  hearings
under this section.
  (B)  The  department  shall be authorized to monitor and investigate a
hearing officer's compliance with statutory timelines pursuant  to  this
section. The commissioner shall annually inform all hearing officers who
have heard cases pursuant to this section during the preceding year that
the time periods prescribed in this section for conducting such hearings
are  to  be strictly followed. A record of continued failure to commence
and complete hearings within the time periods prescribed in this section
shall be considered grounds for the commissioner to exclude  such  indi-
vidual from the list of potential hearing officers sent to the employing
board and the employee for such hearings.
  (C)  Such  rules  shall not require compliance with technical rules of
evidence. Hearings shall be conducted by the  hearing  officer  selected
pursuant  to  paragraph b of this subdivision with full and fair disclo-
sure of the nature of the case and evidence against the employee by  the
employing  board and shall be public or private at the discretion of the
employee AND PROVIDED FURTHER THAT THE HEARING OFFICER, AT THE PRE-HEAR-
ING CONFERENCE, SHALL SET A  SCHEDULE  AND  MANNER  FOR  FULL  AND  FAIR
DISCLOSURE  OF THE WITNESSES AND EVIDENCE TO BE OFFERED BY THE EMPLOYEE.
The employee shall have a reasonable opportunity to  defend  himself  or
herself  and  an  opportunity  to  testify in his or her own behalf. The
employee shall not be required to testify. Each  party  shall  have  the
right to be represented by counsel, to subpoena witnesses, and to cross-
examine  witnesses.  All  testimony  taken shall be under oath which the
hearing officer is hereby authorized  to  administer.  A  CHILD  WITNESS
UNDER THE AGE OF FOURTEEN MAY BE PERMITTED TO TESTIFY THROUGH THE USE OF
LIVE,  TWO-WAY  CLOSED-CIRCUIT  TELEVISION,  AS  SUCH TERM IS DEFINED IN
SUBDIVISION FOUR OF SECTION 65.00 OF THE CRIMINAL  PROCEDURE  LAW,  WHEN
THE HEARING OFFICER, AFTER PROVIDING THE EMPLOYEE WITH AN OPPORTUNITY TO
BE  HEARD,  DETERMINES  BY CLEAR AND CONVINCING EVIDENCE THAT SUCH CHILD
WITNESS WOULD SUFFER  SERIOUS  MENTAL  OR  EMOTIONAL  HARM  WHICH  WOULD
SUBSTANTIALLY  IMPAIR SUCH CHILD'S ABILITY TO COMMUNICATE IF REQUIRED TO
TESTIFY AT THE HEARING WITHOUT THE USE OF LIVE,  TWO-WAY  CLOSED-CIRCUIT
TELEVISION  AND  THAT THE USE OF SUCH LIVE, TWO-WAY CLOSED-CIRCUIT TELE-
VISION WILL DIMINISH THE LIKELIHOOD OR EXTENT OF SUCH  HARM.  IN  MAKING
SUCH  DETERMINATION,  THE  HEARING OFFICER SHALL CONSIDER ANY APPLICABLE
FACTORS CONTAINED IN SUBDIVISION TEN OF SECTION 65.20  OF  THE  CRIMINAL
PROCEDURE  LAW.  WHERE  THE  HEARING  OFFICER DETERMINES THAT SUCH CHILD
WITNESS WILL BE PERMITTED TO TESTIFY THROUGH THE USE  OF  LIVE,  TWO-WAY
CLOSED-CIRCUIT  TELEVISION, THE TESTIMONY OF SUCH CHILD WITNESS SHALL BE
TAKEN IN A MANNER CONSISTENT WITH SECTION 65.30 OF THE  CRIMINAL  PROCE-
DURE LAW.
  (D) An accurate record of the proceedings shall be kept at the expense
of  the  department  at  each  such hearing in accordance with the regu-
lations of the commissioner. A copy of the record of the hearings shall,
upon request, be furnished without charge to the employee and the  board
of education involved. The department shall be authorized to utilize any
new  technology  or such other appropriate means to transcribe or record
such hearings in an accurate,  reliable,  efficient  and  cost-effective
manner  without  any  charge  to  the  employee  or  board  of education
involved.
  (i-a)(A) [Where charges of incompetence are brought based solely  upon
a  pattern of ineffective teaching or performance of a classroom teacher
or principal, as defined in section  three  thousand  twelve-c  of  this
article,  the  hearing shall be conducted before and by a single hearing
officer in an expedited hearing, which shall commence within seven  days
after  the  pre-hearing  conference  and shall be completed within sixty
days after the pre-hearing conference. The hearing officer shall  estab-
lish a hearing schedule at the pre-hearing conference to ensure that the
expedited  hearing  is  completed  within the required timeframes and to
ensure an equitable distribution of days between the employing board and
the charged employee. Notwithstanding any other law, rule or  regulation
to  the  contrary,  no adjournments may be granted that would extend the
hearing beyond such sixty days, except as authorized  in  this  subpara-
graph.  A  hearing  officer,  upon request, may grant a limited and time
specific adjournment that would extend the  hearing  beyond  such  sixty
days if the hearing officer determines that the delay is attributable to
a  circumstance  or  occurrence  substantially beyond the control of the
requesting party and an injustice would result if the  adjournment  were
not granted.
  (B)  Such  charges shall allege that the employing board has developed
and substantially implemented a teacher or principal improvement plan in
accordance with subdivision four of section three thousand  twelve-c  of
this  article  for  the employee following the first evaluation in which
the employee was rated ineffective, and the immediately preceding evalu-
ation if the employee was rated developing.  Notwithstanding  any  other
provision  of  law to the contrary, a pattern of ineffective teaching or
performance as defined in section three thousand twelve-c of this  arti-
cle  shall  constitute  very  significant  evidence  of incompetence for
purposes of this  section.    Nothing  in  this  subparagraph  shall  be
construed  to limit the defenses which the employee may place before the
hearing officer in challenging the allegation of a pattern  of  ineffec-
tive teaching or performance.
  (C)  The  commissioner  shall annually inform all hearing officers who
have heard cases pursuant to this section during the preceding year that
the time periods prescribed in this subparagraph  for  conducting  expe-
dited  hearings are to be strictly followed. A record of continued fail-
ure to commence and complete expedited hearings within the time  periods
prescribed  in  this  subparagraph  shall  be considered grounds for the
commissioner to exclude such individual from the list of potential hear-
ing officers sent to the employing board and the employee for such expe-
dited hearings.] WHERE CHARGES OF MISCONDUCT  CONSTITUTING  PHYSICAL  OR
SEXUAL  ABUSE  OF  A STUDENT ARE BROUGHT, THE HEARING SHALL BE CONDUCTED
BEFORE AND BY A SINGLE HEARING OFFICER IN AN  EXPEDITED  HEARING,  WHICH
SHALL  COMMENCE  WITHIN  SEVEN DAYS AFTER THE PRE-HEARING CONFERENCE AND
SHALL BE COMPLETED WITHIN SIXTY DAYS AFTER THE  PRE-HEARING  CONFERENCE.
THE  HEARING OFFICER SHALL ESTABLISH A HEARING SCHEDULE AT THE PRE-HEAR-
ING CONFERENCE TO ENSURE THAT THE EXPEDITED HEARING IS COMPLETED  WITHIN
THE  REQUIRED TIMEFRAMES AND TO ENSURE AN EQUITABLE DISTRIBUTION OF DAYS
BETWEEN THE EMPLOYING BOARD AND THE  CHARGED  EMPLOYEE.  NOTWITHSTANDING
ANY  OTHER  LAW, RULE OR REGULATION TO THE CONTRARY, NO ADJOURNMENTS MAY
BE GRANTED THAT WOULD EXTEND THE HEARING BEYOND SUCH SIXTY DAYS,  EXCEPT
AS AUTHORIZED IN THIS SUBPARAGRAPH. A HEARING OFFICER, UPON REQUEST, MAY
GRANT  A  LIMITED  AND  TIME  SPECIFIC ADJOURNMENT THAT WOULD EXTEND THE
HEARING BEYOND SUCH SIXTY DAYS IF THE HEARING  OFFICER  DETERMINES  THAT
THE  DELAY IS ATTRIBUTABLE TO A CIRCUMSTANCE OR OCCURRENCE SUBSTANTIALLY
BEYOND THE CONTROL OF THE REQUESTING PARTY AND AN INJUSTICE WOULD RESULT
IF THE ADJOURNMENT WERE NOT GRANTED.
  (B) THE COMMISSIONER SHALL ANNUALLY INFORM ALL  HEARING  OFFICERS  WHO
HAVE HEARD CASES PURSUANT TO THIS SECTION DURING THE PRECEDING YEAR THAT
THE  TIME  PERIODS  PRESCRIBED IN THIS SUBPARAGRAPH FOR CONDUCTING EXPE-
DITED HEARINGS ARE TO BE STRICTLY FOLLOWED AND FAILURE TO DO SO SHALL BE
CONSIDERED GROUNDS FOR THE COMMISSIONER TO EXCLUDE SUCH INDIVIDUAL  FROM
THE  LIST  OF POTENTIAL HEARING OFFICERS SENT TO THE EMPLOYING BOARD AND
THE EMPLOYEE FOR SUCH EXPEDITED HEARINGS.
  (ii) The hearing officer selected to  conduct  a  hearing  under  this
section  shall,  within ten to fifteen days of agreeing to serve in such
position, hold a pre-hearing conference  which  shall  be  held  in  the
school district or county seat of the county, or any county, wherein the
employing  school  board is located. The pre-hearing conference shall be
limited in length to one day except that the hearing officer, in his  or
her discretion, may allow one additional day for good cause shown.
  (iii) At the pre-hearing conference the hearing officer shall have the
power to:
  (A) issue subpoenas;
  (B)  hear and decide all motions, including but not limited to motions
to dismiss the charges;
  (C) hear and decide  all  applications  for  bills  of  particular  or
requests  for production of materials or information, including, but not
limited to, any witness statement (or statements), investigatory  state-
ment  (or statements) or note (notes), exculpatory evidence or any other
evidence, including district or student records, relevant  and  material
to the employee's defense.
  (iv) Any pre-hearing motion or application relative to the sufficiency
of  the  charges,  application  or amendment thereof, or any preliminary
matters shall be made upon written notice to the hearing officer and the
adverse party no less than five days prior to the date of the  pre-hear-
ing  conference.  Any  pre-hearing  motions  or applications not made as
provided  for  herein  shall  be  deemed waived except for good cause as
determined by the hearing officer.
  (v) In the event that at  the  pre-hearing  conference  the  employing
board  presents  evidence  that the professional license of the employee
has been revoked and all judicial and administrative remedies have  been
exhausted  or  foreclosed,  the hearing officer shall schedule the date,
time and place for an expedited hearing, which  hearing  shall  commence
not  more  than  seven  days  after the pre-hearing conference and which
shall be limited to one day. The expedited hearing shall be held in  the
local school district or county seat of the county or any county, where-
in  the said employing board is located. The expedited hearing shall not
be postponed except upon the request of a party and then only  for  good
cause  as determined by the hearing officer. At such hearing, each party
shall have equal time in which to present its case.
  (vi) During the pre-hearing  conference,  the  hearing  officer  shall
determine the reasonable amount of time necessary for a final hearing on
the  charge  or  charges  and  shall  schedule the location, time(s) and
date(s) for the final hearing. The final hearing shall be  held  in  the
local school district or county seat of the county, or any county, wher-
ein  the  said  employing school board is located. In the event that the
hearing officer determines that the nature  of  the  case  requires  the
final hearing to last more than one day, the days that are scheduled for
the  final  hearing  shall be consecutive. The day or days scheduled for
the final hearing shall not be postponed except upon the  request  of  a
party  and  then  only for good cause shown as determined by the hearing
officer. In all cases, the final hearing shall  be  completed  no  later
than  sixty  days  after  the  pre-hearing conference unless the hearing
officer determines that extraordinary circumstances  warrant  a  limited
extension.
  (vii)  All  evidence  shall  be  submitted  by  all parties within one
hundred twenty-five days of the filing  of  charges  and  no  additional
evidence shall be accepted after such time, absent extraordinary circum-
stances beyond the control of the parties.
  d.  Limitation  on claims. Notwithstanding any other provision of law,
rule or regulation to the contrary, no payments shall  be  made  by  the
department  pursuant  to  this  subdivision on or after April first, two
thousand twelve for: (i) compensation of a hearing  officer  or  hearing
panel  member,  (ii)  reimbursement  of  such  hearing officers or panel
members for necessary travel or other  expenses  incurred  by  them,  or
(iii)  for  other  hearing  expenses on a claim submitted later than one
year after the final disposition of the hearing by any means,  including
settlement, or within ninety days after the effective date of this para-
graph,  whichever  is later; provided that no payment shall be barred or
reduced where such payment is required as a result of a court  order  or
judgment or a final audit.
  4.  Post  hearing  procedures.  a.  The hearing officer shall render a
written decision within thirty days of the last day of the  final  hear-
ing,  or  in  the  case  of an expedited hearing within ten days of such
expedited hearing, and shall forward a copy thereof to the  commissioner
who shall immediately forward copies of the decision to the employee and
to  the  clerk or secretary of the employing board. The written decision
shall include the hearing officer's findings of fact on each charge, his
or her conclusions with regard to each charge based on said findings and
shall state what penalty or other action, if any, shall be taken by  the
employing board. At the request of the employee, in determining what, if
any,  penalty  or  other  action  shall  be imposed, the hearing officer
[shall]  MAY  consider  the  extent  to  which  the employing board made
efforts towards correcting the behavior of the employee  which  resulted
in  charges being brought under this section through means including but
not limited to:  remediation, peer intervention or an  employee  assist-
ance  plan.  In those cases where a penalty is imposed, such penalty may
be a written reprimand, a fine, suspension for a fixed time without pay,
or dismissal. In addition to or in lieu of the aforementioned penalties,
the hearing officer, where he or she deems appropriate, may impose  upon
the  employee  remedial  action  including  but not limited to leaves of
absence with or  without  pay,  continuing  education  and/or  study,  a
requirement  that  the  employee seek counseling or medical treatment or
that the employee engage in any other remedial or combination of remedi-
al actions.  PROVIDED, HOWEVER, THAT THE HEARING OFFICER, IN  EXERCISING
HIS  OR  HER DISCRETION, SHALL GIVE SERIOUS CONSIDERATION TO THE PENALTY
RECOMMENDED BY THE EMPLOYING BOARD, AND IF THE HEARING  OFFICER  REJECTS
THE  RECOMMENDED  PENALTY  SUCH REJECTION MUST BE BASED ON REASONS BASED
UPON THE RECORD AS EXPRESSED IN A WRITTEN DETERMINATION.
  b. Within fifteen days of receipt of the  hearing  officer's  decision
the  employing  board  shall  implement the decision. If the employee is
acquitted he or she shall be restored to his or her position  with  full
pay  for  any  period of suspension without pay and the charges expunged
from the employment record. If an employee who was convicted of a felony
crime specified in paragraph b of subdivision two of this  section,  has
said conviction reversed, the employee, upon application, shall be enti-
tled to have his or her pay and other emoluments restored, for the peri-
od from the date of his or her suspension to the date of the decision.
  c.  The  hearing officer shall indicate in the decision whether any of
the charges brought by the employing board were frivolous as defined  in
section  eighty-three  hundred  three-a  of  the  civil practice law and
rules. If the hearing officer finds that  all  of  the  charges  brought
against the employee were frivolous, the hearing officer shall order the
employing  board  to  reimburse the department the reasonable costs said
department incurred as a result of the proceeding and to  reimburse  the
employee  the  reasonable costs, including but not limited to reasonable
attorneys' fees, the employee incurred in defending the charges. If  the
hearing  officer  finds  that  some  but  not all of the charges brought
against the employee were frivolous, the hearing officer shall order the
employing board to reimburse the department a portion, in the discretion
of the hearing officer, of the reasonable costs said department incurred
as a result of the proceeding and to reimburse the employee  a  portion,
in  the  discretion  of  the  hearing  officer, of the reasonable costs,
including but not limited to reasonable attorneys'  fees,  the  employee
incurred in defending the charges.
  5.  Appeal.  a.  Not  later than ten days after receipt of the hearing
officer's decision, the employee or the  employing  board  may  make  an
application  to the New York state supreme court to vacate or modify the
decision of the hearing officer pursuant to section seventy-five hundred
eleven of the civil practice law and rules. The court's review shall  be
limited  to  the  grounds set forth in such section. The hearing panel's
determination shall be deemed to  be  final  for  the  purpose  of  such
proceeding.
  b.  In no case shall the filing or the pendency of an appeal delay the
implementation of the decision of the hearing officer.
  S 4. The education law is amended by adding a new  section  3020-b  to
read as follows:
  S  3020-B.  STREAMLINED REMOVAL PROCEDURES FOR TEACHERS RATED INEFFEC-
TIVE. 1. APPLICABILITY. THIS SECTION SHALL APPLY TO  CLASSROOM  TEACHERS
AND BUILDING PRINCIPALS WHO RECEIVE TWO OR MORE CONSECUTIVE ANNUAL INEF-
FECTIVE  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.
  2.  FILING AND DISPOSITION OF CHARGES. A. A SCHOOL DISTRICT OR EMPLOY-
ING BOARD MAY BRING CHARGES OF INCOMPETENCE  PURSUANT  TO  THIS  SECTION
AGAINST  ANY  CLASSROOM  TEACHER  OR BUILDING PRINCIPAL WHO RECEIVES TWO
CONSECUTIVE INEFFECTIVE RATINGS. A SCHOOL DISTRICT  OR  EMPLOYING  BOARD
SHALL BRING CHARGES OF INCOMPETENCE PURSUANT TO THIS SECTION AGAINST ANY
CLASSROOM  TEACHER  OR BUILDING PRINCIPAL WHO RECEIVES THREE CONSECUTIVE
INEFFECTIVE RATINGS. ALL CHARGES AGAINST A PERSON ENJOYING THE  BENEFITS
OF  TENURE  AS  PROVIDED  IN SUBDIVISION THREE OF SECTION ELEVEN HUNDRED
TWO, AND SECTIONS TWENTY-FIVE HUNDRED NINE, TWENTY-FIVE  HUNDRED  SEVEN-
TY-THREE,  TWENTY-FIVE HUNDRED NINETY-J, THREE THOUSAND TWELVE AND THREE
THOUSAND FOURTEEN OF THIS CHAPTER SHALL BE IN WRITING AND FILED WITH THE
CLERK OR SECRETARY OF THE SCHOOL DISTRICT OR EMPLOYING BOARD. EXCEPT  AS
PROVIDED   IN   SUBDIVISION   EIGHT   OF   SECTION  TWENTY-FIVE  HUNDRED
SEVENTY-THREE AND SUBDIVISION SEVEN OF SECTION TWENTY-FIVE HUNDRED NINE-
TY-J OF THIS CHAPTER, NO CHARGES UNDER THIS  SECTION  SHALL  BE  BROUGHT
MORE  THAN THREE YEARS AFTER THE OCCURRENCE OF THE ALLEGED INCOMPETENCY.
WHEN SUCH CHARGES ARE BROUGHT, A WRITTEN STATEMENT  SPECIFYING  (I)  THE
CHARGES  IN  DETAIL,  (II)  THAT THE PENALTY THAT WILL BE IMPOSED BY THE
BOARD IF THE EMPLOYEE DOES NOT REQUEST A HEARING OR THAT WILL BE  SOUGHT
BY  THE  BOARD  AFTER  A  HEARING IS DISMISSAL; AND (III) THE EMPLOYEE'S
RIGHTS UNDER THIS SECTION, SHALL BE IMMEDIATELY FORWARDED TO THE ACCUSED
EMPLOYEE BY CERTIFIED OR REGISTERED MAIL, RETURN RECEIPT REQUESTED OR BY
PERSONAL DELIVERY TO THE EMPLOYEE.
  B. THE EMPLOYEE MAY BE SUSPENDED PENDING A HEARING ON THE CHARGES  AND
THE FINAL DETERMINATION THEREOF AND SUCH SUSPENSION SHALL BE WITH PAY.
  C. WITHIN TEN DAYS OF RECEIPT OF THE STATEMENT OF CHARGES, THE EMPLOY-
EE SHALL NOTIFY THE CLERK OR SECRETARY OF THE EMPLOYING BOARD IN WRITING
WHETHER HE OR SHE DESIRES A HEARING ON THE CHARGES.  THE UNEXCUSED FAIL-
URE  OF  THE  EMPLOYEE  TO  NOTIFY  THE CLERK OR SECRETARY OF HIS OR HER
DESIRE FOR A HEARING WITHIN TEN DAYS OF THE RECEIPT OF CHARGES SHALL  BE
DEEMED  A WAIVER OF THE RIGHT TO A HEARING. WHERE AN EMPLOYEE REQUESTS A
HEARING IN THE MANNER PROVIDED FOR BY THIS SECTION, THE CLERK OR  SECRE-
TARY  OF  THE  BOARD  SHALL, WITHIN THREE WORKING DAYS OF RECEIPT OF THE
EMPLOYEE'S NOTICE OR REQUEST FOR A HEARING, NOTIFY THE  COMMISSIONER  OF
THE  NEED  FOR  A  HEARING. IF THE EMPLOYEE WAIVES HIS OR HER RIGHT TO A
HEARING THE EMPLOYING BOARD SHALL PROCEED, WITHIN  FIFTEEN  DAYS,  BY  A
VOTE  OF  A MAJORITY OF ALL MEMBERS OF SUCH BOARD, TO DETERMINE THE CASE
AND FIX THE PENALTY TO BE IMPOSED IN ACCORDANCE WITH SUBDIVISION FOUR OF
THIS SECTION.
  D. CHARGES BROUGHT PURSUANT TO THIS SECTION FOR TWO CONSECUTIVE  INEF-
FECTIVE  RATINGS SHALL ALLEGE THAT THE EMPLOYING BOARD HAS DEVELOPED AND
SUBSTANTIALLY IMPLEMENTED A TEACHER OR  PRINCIPAL  IMPROVEMENT  PLAN  IN
ACCORDANCE  WITH  SECTION THREE THOUSAND TWELVE-C OR SECTION THREE THOU-
SAND TWELVE-D OF THIS ARTICLE FOR THE EMPLOYEE FOLLOWING THE FIRST EVAL-
UATION IN WHICH THE EMPLOYEE WAS RATED INEFFECTIVE, AND THE  IMMEDIATELY
PRECEDING EVALUATION IF THE EMPLOYEE WAS RATED DEVELOPING.
  3.  HEARINGS.  A.  NOTICE  OF HEARING. UPON RECEIPT OF A REQUEST FOR A
HEARING IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION, THE  COMMIS-
SIONER  SHALL  FORTHWITH  NOTIFY  THE  AMERICAN  ARBITRATION ASSOCIATION
(HEREINAFTER "ASSOCIATION") OF THE NEED FOR A HEARING AND SHALL  REQUEST
THAT  THE  ASSOCIATION  PROVIDE  TO THE COMMISSIONER FORTHWITH A LIST OF
NAMES  OF PERSONS CHOSEN BY THE ASSOCIATION FROM THE ASSOCIATION'S PANEL
OF LABOR ARBITRATORS TO POTENTIALLY SERVE AS HEARING  OFFICERS  TOGETHER
WITH RELEVANT BIOGRAPHICAL INFORMATION ON EACH ARBITRATOR.  UPON RECEIPT
OF  SAID  LIST  AND BIOGRAPHICAL INFORMATION, THE COMMISSIONER SHALL, IN
THE CASE OF AN EMPLOYEE WHO HAS RECEIVED THREE  CONSECUTIVE  INEFFECTIVE
RATINGS,  DIRECTLY APPOINT A HEARING OFFICER FROM THE LIST.  IN THE CASE
OF AN EMPLOYEE WHO HAS RECEIVED TWO CONSECUTIVE INEFFECTIVE RATINGS, THE
COMMISSIONER SHALL FORTHWITH SEND A COPY OF THE  LIST  AND  BIOGRAPHICAL
INFORMATION  SIMULTANEOUSLY TO THE EMPLOYING BOARD AND THE EMPLOYEE. THE
COMMISSIONER SHALL ALSO SIMULTANEOUSLY NOTIFY BOTH THE  EMPLOYING  BOARD
AND  THE EMPLOYEE OF EACH POTENTIAL HEARING OFFICER'S RECORD IN THE LAST
FIVE CASES OF COMMENCING AND COMPLETING HEARINGS WITHIN THE TIME PERIODS
PRESCRIBED IN THIS SECTION. THE COMMISSIONER SHALL ESTABLISH TIME  PERI-
ODS  FOR THE EMPLOYING BOARD AND THE EMPLOYEE TO NOTIFY THE COMMISSIONER
OF THEIR AGREED UPON HEARING OFFICER SELECTION.  IF THE EMPLOYING  BOARD
AND  THE  EMPLOYEE  FAIL TO AGREE ON AN ARBITRATOR TO SERVE AS A HEARING
OFFICER FROM THE LIST OF POTENTIAL HEARING OFFICERS, OR FAIL  TO  NOTIFY
THE COMMISSIONER OF A SELECTION WITHIN SUCH ESTABLISHED TIME PERIOD, THE
COMMISSIONER SHALL APPOINT A HEARING OFFICER FROM THE LIST.
  B.  HEARING  OFFICERS.  ALL HEARINGS PURSUANT TO THIS SECTION SHALL BE
CONDUCTED BEFORE AND BY A SINGLE HEARING OFFICER  SELECTED  AS  PROVIDED
FOR IN THIS SECTION. A HEARING OFFICER SHALL NOT BE ELIGIBLE TO SERVE IN
SUCH  POSITION  IF HE OR SHE IS A RESIDENT OF THE SCHOOL DISTRICT, OTHER
THAN THE CITY OF NEW YORK,  UNDER  THE  JURISDICTION  OF  THE  EMPLOYING
BOARD, AN EMPLOYEE, AGENT OR REPRESENTATIVE OF THE EMPLOYING BOARD OR OF
ANY  LABOR  ORGANIZATION REPRESENTING EMPLOYEES OF SUCH EMPLOYING BOARD,
HE OR SHE HAS SERVED AS SUCH AGENT OR REPRESENTATIVE WITHIN TWO YEARS OF
THE DATE OF THE SCHEDULED HEARING, OR IF HE OR SHE IS THEN SERVING AS  A
MEDIATOR  OR  FACT  FINDER  IN  THE  SAME SCHOOL DISTRICT. SUBJECT TO AN
APPROPRIATION, THE HEARING OFFICER SHALL BE COMPENSATED BY  THE  DEPART-
MENT  FOR  EACH  DAY  OF  ACTUAL SERVICE PLUS NECESSARY TRAVEL AND OTHER
REASONABLE EXPENSES INCURRED IN THE PERFORMANCE OF HIS  OR  HER  DUTIES,
PROVIDED  THAT  THE  COMMISSIONER SHALL ESTABLISH A SCHEDULE FOR MAXIMUM
RATES OF COMPENSATION OF HEARING OFFICERS BASED ON CUSTOMARY AND REASON-
ABLE FEES FOR SERVICE AS AN ARBITRATOR AND PROVIDE  FOR  LIMITATIONS  ON
THE NUMBER OF STUDY HOURS THAT MAY BE CLAIMED.
  C.  HEARING  PROCEDURES.  (I) THE COMMISSIONER SHALL HAVE THE POWER TO
ESTABLISH NECESSARY RULES AND PROCEDURES FOR  THE  CONDUCT  OF  HEARINGS
UNDER  THIS  SECTION,  AND  SHALL  ESTABLISH TIMELINES IN REGULATIONS TO
ENSURE THAT THE DURATION  OF  A  REMOVAL  PROCEEDING  PURSUANT  TO  THIS
SECTION, AS MEASURED FROM THE DATE AN EMPLOYEE REQUESTS A HEARING TO THE
FINAL  HEARING  DATE,  IS  NO  LONGER THAN NINETY DAYS IN THE CASE OF AN
EMPLOYEE WHO HAS RECEIVED TWO CONSECUTIVE  INEFFECTIVE  RATINGS  AND  NO
LONGER  THAN  THIRTY  DAYS  IN  THE CASE OF AN EMPLOYEE WHO HAS RECEIVED
THREE CONSECUTIVE INEFFECTIVE RATINGS. THE COMMISSIONER SHALL  ESTABLISH
TIMEFRAMES IN REGULATIONS FOR A PRE-HEARING CONFERENCE WHEREIN A HEARING
OFFICER SHALL HAVE THE POWER TO ISSUE SUBPOENAS, HEAR MOTIONS AND DECIDE
ON  OTHER DISCOVERY AND EVIDENTIARY ISSUES.  AT SUCH PRE-HEARING CONFER-
ENCE, THE HEARING OFFICER SHALL ESTABLISH  A  HEARING  SCHEDULE  AT  THE
PRE-HEARING  CONFERENCE  TO  ENSURE THAT THE HEARING IS COMPLETED WITHIN
THE REQUIRED TIME PERIOD AND TO ENSURE AN EQUITABLE DISTRIBUTION OF DAYS
BETWEEN THE EMPLOYING BOARD AND THE CHARGED EMPLOYEE.    NOTWITHSTANDING
ANY  OTHER  LAW, RULE OR REGULATION TO THE CONTRARY, NO ADJOURNMENTS MAY
BE GRANTED THAT WOULD EXTEND THE HEARING BEYOND SUCH  TIMELINES,  EXCEPT
AS AUTHORIZED IN THIS SUBPARAGRAPH. A HEARING OFFICER MAY GRANT A LIMIT-
ED  AND  TIME  SPECIFIC ADJOURNMENT THAT WOULD EXTEND THE HEARING BEYOND
SUCH  TIMELINES  IF  THE  HEARING  OFFICER  DETERMINES THAT THE DELAY IS
ATTRIBUTABLE TO A CIRCUMSTANCE OR OCCURRENCE  SUBSTANTIALLY  BEYOND  THE
CONTROL  OF  THE  REQUESTING  PARTY AND AN INJUSTICE WOULD RESULT IF THE
ADJOURNMENT WERE NOT GRANTED.
  (II) THE DEPARTMENT SHALL BE AUTHORIZED TO MONITOR AND  INVESTIGATE  A
HEARING OFFICER'S COMPLIANCE WITH TIMELINES PURSUANT TO THIS SECTION AND
TO ANY REGULATIONS PROMULGATED BY THE DEPARTMENT. THE COMMISSIONER SHALL
ANNUALLY  INFORM  ALL  HEARING OFFICERS WHO HAVE HEARD CASES PURSUANT TO
THIS SECTION DURING THE PRECEDING YEAR THAT THE TIME PERIODS  PRESCRIBED
IN  THIS  SECTION  FOR  CONDUCTING  SUCH  HEARINGS  ARE  TO  BE STRICTLY
FOLLOWED. A RECORD OF CONTINUED FAILURE TO COMMENCE AND  COMPLETE  HEAR-
INGS WITHIN THE TIME PERIODS PRESCRIBED IN THIS SECTION SHALL BE CONSID-
ERED  GROUNDS  FOR  THE COMMISSIONER TO EXCLUDE SUCH INDIVIDUAL FROM THE
LIST OF POTENTIAL HEARING OFFICERS TO BE CONSIDERED FOR SUCH HEARINGS.
  (III) SUCH RULES SHALL NOT REQUIRE COMPLIANCE WITH TECHNICAL RULES  OF
EVIDENCE.  HEARINGS  SHALL  BE CONDUCTED BY THE HEARING OFFICER SELECTED
PURSUANT TO PARAGRAPH A OF THIS  SUBDIVISION  AND  SHALL  BE  PUBLIC  OR
PRIVATE  AT  THE  DISCRETION  OF THE EMPLOYEE. THE EMPLOYEE SHALL HAVE A
REASONABLE OPPORTUNITY TO DEFEND HIMSELF OR HERSELF AND  AN  OPPORTUNITY
TO TESTIFY ON HIS OR HER OWN BEHALF.  THE EMPLOYEE SHALL NOT BE REQUIRED
TO  TESTIFY.  EACH PARTY SHALL HAVE THE RIGHT TO BE REPRESENTED BY COUN-
SEL, TO SUBPOENA WITNESSES, AND TO CROSS-EXAMINE WITNESSES. ALL TESTIMO-
NY TAKEN SHALL BE UNDER OATH WHICH THE HEARING OFFICER IS HEREBY AUTHOR-
IZED TO ADMINISTER.
  (IV) AN ACCURATE RECORD OF  THE  PROCEEDINGS  SHALL  BE  KEPT  AT  THE
EXPENSE  OF  THE  DEPARTMENT AT EACH SUCH HEARING IN ACCORDANCE WITH THE
REGULATIONS OF THE COMMISSIONER. A COPY OF THE RECORD  OF  THE  HEARINGS
SHALL, UPON REQUEST, BE FURNISHED WITHOUT CHARGE TO THE EMPLOYEE AND THE
BOARD  OF  EDUCATION  INVOLVED.  THE  DEPARTMENT  SHALL BE AUTHORIZED TO
UTILIZE ANY NEW TECHNOLOGY OR SUCH OTHER APPROPRIATE MEANS TO TRANSCRIBE
OR RECORD SUCH HEARINGS IN AN ACCURATE, RELIABLE, EFFICIENT AND COST-EF-
FECTIVE MANNER WITHOUT ANY CHARGE TO THE EMPLOYEE OR BOARD OF  EDUCATION
INVOLVED.
  (V)  LEGAL  STANDARD. (A) 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 INCOM-
PETENCE THAT CAN BE OVERCOME ONLY BY CLEAR AND CONVINCING EVIDENCE  THAT
THE  EMPLOYEE  IS  NOT  INCOMPETENT  IN LIGHT OF ALL SURROUNDING CIRCUM-
STANCES, AND IF NOT SUCCESSFULLY OVERCOME, THE FINDING, ABSENT  EXTRAOR-
DINARY CIRCUMSTANCES, SHALL BE JUST CAUSE FOR REMOVAL. (B) 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  BE  OVERCOME
ONLY  BY  CLEAR  AND  CONVINCING EVIDENCE THAT THE CALCULATION OF ONE OR
MORE OF THE TEACHER'S OR 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 FRAUDULENT, AND
IF NOT SUCCESSFULLY OVERCOME, THE FINDING, ABSENT EXTRAORDINARY  CIRCUM-
STANCES, SHALL BE JUST CAUSE FOR REMOVAL.  FOR PURPOSES OF THIS SUBPARA-
GRAPH, FRAUD SHALL INCLUDE MISTAKEN IDENTITY.
  4.  POST  HEARING  PROCEDURES.  A.  THE HEARING OFFICER SHALL RENDER A
WRITTEN DECISION WITHIN TEN DAYS OF THE LAST DAY OF THE  FINAL  HEARING,
AND  SHALL  FORWARD  A  COPY THEREOF TO THE COMMISSIONER WHO SHALL IMME-
DIATELY FORWARD COPIES OF THE DECISION TO THE EMPLOYEE AND TO THE  CLERK
OR  SECRETARY OF THE EMPLOYING BOARD. THE WRITTEN DECISION SHALL INCLUDE
THE HEARING OFFICER'S FINDINGS OF  FACT  ON  EACH  CHARGE,  HIS  OR  HER
CONCLUSIONS  WITH REGARD TO EACH CHARGE BASED ON SAID FINDINGS AND SHALL
STATE WHETHER THE PENALTY OF DISMISSAL SHALL BE TAKEN BY  THE  EMPLOYING
BOARD.
  B.  WITHIN  FIFTEEN  DAYS OF RECEIPT OF THE HEARING OFFICER'S DECISION
THE EMPLOYING BOARD SHALL IMPLEMENT THE DECISION.  IF  THE  EMPLOYEE  IS
ACQUITTED  HE  OR  SHE  SHALL BE RESTORED TO HIS OR HER POSITION AND THE
CHARGES EXPUNGED FROM THE EMPLOYMENT RECORD.
  5. APPEAL. A. NOT LATER THAN TEN DAYS AFTER  RECEIPT  OF  THE  HEARING
OFFICER'S  DECISION,  THE  EMPLOYEE  OR  THE EMPLOYING BOARD MAY MAKE AN
APPLICATION TO THE NEW YORK STATE SUPREME COURT TO VACATE OR MODIFY  THE
DECISION OF THE HEARING OFFICER PURSUANT TO SECTION SEVENTY-FIVE HUNDRED
ELEVEN  OF THE CIVIL PRACTICE LAW AND RULES. THE COURT'S REVIEW SHALL BE
LIMITED TO THE GROUNDS SET FORTH IN SUCH SECTION.  THE  HEARING  PANEL'S
DETERMINATION  SHALL  BE  DEEMED  TO  BE  FINAL  FOR THE PURPOSE OF SUCH
PROCEEDING.
  B. IN NO CASE SHALL THE FILING OR THE PENDENCY OF AN APPEAL DELAY  THE
IMPLEMENTATION OF THE DECISION OF THE HEARING OFFICER.
  6.  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED TO PREVENT THE USE OF
ANY EVIDENCE OF PERFORMANCE TO SUPPORT CHARGES OF  INCOMPETENCE  BROUGHT
PURSUANT  TO  THE  PROVISIONS OF SECTION THREE THOUSAND TWENTY-A OF THIS
ARTICLE.
  S 5. This act shall take effect July 1, 2015 and shall apply to  hear-
ings  commenced  by the filing or service of charges on or after July 1,
2015, provided that effective immediately, the commissioner of education
shall be authorized to promulgate any regulations  needed  to  implement
the provisions of this act on such effective date.


                                SUBPART H
  Section  1. The education law is amended by adding a new section 211-f
to read as follows:
  S 211-F. TAKEOVER AND RESTRUCTURING FAILING SCHOOLS. 1.    ELIGIBILITY
FOR  APPOINTMENT  OF  AN  EXTERNAL  RECEIVER.  (A)  FAILING SCHOOLS. THE
COMMISSIONER SHALL DESIGNATE AS FAILING EACH OF  THE  SCHOOLS  THAT  HAS
BEEN  IDENTIFIED UNDER THE STATE'S ACCOUNTABILITY SYSTEM TO BE AMONG THE
LOWEST ACHIEVING FIVE PERCENT OF PUBLIC SCHOOLS IN THE  STATE  (PRIORITY
SCHOOLS) FOR AT LEAST THREE CONSECUTIVE SCHOOL YEARS, OR IDENTIFIED AS A
"PRIORITY  SCHOOL"  IN  EACH  APPLICABLE  YEAR OF SUCH PERIOD EXCEPT ONE
SCHOOL YEAR IN WHICH  THE  SCHOOL  WAS  NOT  IDENTIFIED  BECAUSE  OF  AN
APPROVED  CLOSURE  PLAN THAT WAS NOT IMPLEMENTED, BASED UPON MEASURES OF
STUDENT ACHIEVEMENT AND OUTCOMES AND A  METHODOLOGY  PRESCRIBED  IN  THE
REGULATIONS  OF  THE  COMMISSIONER,  PROVIDED  THAT  THIS LIST SHALL NOT
INCLUDE SCHOOLS WITHIN A SPECIAL  ACT  SCHOOL  DISTRICT  AS  DEFINED  IN
SUBDIVISION  EIGHT  OF  SECTION  FOUR  THOUSAND  ONE  OF THIS CHAPTER OR
SCHOOLS CHARTERED PURSUANT TO ARTICLE FIFTY-SIX OF THIS CHAPTER.  EXCEPT
AS OTHERWISE PROVIDED IN PARAGRAPH (C) OF THIS SUBDIVISION, AND PURSUANT
TO  REGULATIONS  PROMULGATED BY THE COMMISSIONER, A SCHOOL DESIGNATED AS
FAILING UNDER THIS PARAGRAPH SHALL BE ELIGIBLE  FOR  RECEIVERSHIP  UNDER
THIS SECTION UPON A DETERMINATION BY THE COMMISSIONER.
  (B)  PERSISTENTLY  FAILING  SCHOOLS.  BASED  UPON  MEASURES OF STUDENT
ACHIEVEMENT AND OUTCOMES AND A METHODOLOGY PRESCRIBED IN THE REGULATIONS
OF THE COMMISSIONER, THE COMMISSIONER SHALL  DESIGNATE  AS  PERSISTENTLY
FAILING  EACH OF THE SCHOOLS THAT HAVE BEEN IDENTIFIED UNDER THE STATE'S
ACCOUNTABILITY SYSTEM TO BE AMONG THE LOWEST ACHIEVING PUBLIC SCHOOLS IN
THE STATE FOR TEN CONSECUTIVE SCHOOL YEARS, BASED UPON IDENTIFICATION OF
THE SCHOOL BY THE COMMISSIONER AS: A "PRIORITY SCHOOL" FOR EACH APPLICA-
BLE YEAR FROM THE TWO THOUSAND TWELVE--TWO THOUSAND THIRTEEN SCHOOL YEAR
TO THE CURRENT SCHOOL YEAR, OR IDENTIFIED AS A "PRIORITY SCHOOL" IN EACH
APPLICABLE  YEAR  OF SUCH PERIOD EXCEPT ONE YEAR IN WHICH THE SCHOOL WAS
NOT IDENTIFIED BECAUSE OF AN APPROVED CLOSURE PLAN THAT WAS  NOT  IMPLE-
MENTED;  AND  AS  A "SCHOOL REQUIRING ACADEMIC PROGRESS YEAR 5", "SCHOOL
REQUIRING ACADEMIC PROGRESS YEAR 6", "SCHOOL REQUIRING ACADEMIC PROGRESS
YEAR 7" AND/OR A "SCHOOL IN RESTRUCTURING,"  FOR  EACH  APPLICABLE  YEAR
FROM  THE  TWO  THOUSAND  SIX--TWO THOUSAND SEVEN SCHOOL YEAR TO THE TWO
THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR. THIS DESIGNATION SHALL
NOT INCLUDE SCHOOLS WITHIN A SPECIAL ACT SCHOOL DISTRICT AS  DEFINED  IN
SUBDIVISION  EIGHT  OF  SECTION  FOUR  THOUSAND  ONE  OF THIS CHAPTER OR
SCHOOLS CHARTERED PURSUANT TO ARTICLE FIFTY-SIX OF THIS CHAPTER.
  (C) SPECIFIC PROVISIONS. (I) FOR SCHOOLS  DESIGNATED  AS  PERSISTENTLY
FAILING  PURSUANT  TO  PARAGRAPH  (B)  OF  THIS  SUBDIVISION,  THE LOCAL
DISTRICT SHALL CONTINUE TO OPERATE THE SCHOOL FOR AN  ADDITIONAL  SCHOOL
YEAR  PROVIDED THAT THERE IS A DEPARTMENT-APPROVED INTERVENTION MODEL OR
COMPREHENSIVE EDUCATION PLAN IN PLACE THAT INCLUDES RIGOROUS PERFORMANCE
METRICS AND GOALS, INCLUDING BUT NOT  LIMITED  TO  MEASURES  OF  STUDENT
ACADEMIC  ACHIEVEMENT AND OUTCOMES INCLUDING THOSE SET FORTH IN SUBDIVI-
SION SIX OF THIS SECTION. NOTWITHSTANDING ANY OTHER  PROVISION  OF  LAW,
RULE  OR  REGULATION TO THE CONTRARY, THE SUPERINTENDENT SHALL BE VESTED
WITH ALL POWERS GRANTED TO A RECEIVER APPOINTED PURSUANT TO THIS SECTION
FOR SUCH TIME PERIOD; PROVIDED, HOWEVER THAT SUCH  SUPERINTENDENT  SHALL
NOT  BE  ALLOWED TO OVERRIDE ANY DECISION OF THE BOARD OF EDUCATION WITH
RESPECT TO HIS OR HER EMPLOYMENT STATUS. AT THE END OF  SUCH  YEAR,  THE
DEPARTMENT  SHALL CONDUCT A PERFORMANCE REVIEW IN CONSULTATION AND COOP-
ERATION WITH THE DISTRICT AND SCHOOL STAFF TO DETERMINE,  BASED  ON  THE
PERFORMANCE  METRICS  IN  THE  SCHOOL'S  MODEL  OR PLAN, WHETHER (1) THE
DESIGNATION OF PERSISTENTLY FAILING SHOULD BE REMOVED;  (2)  THE  SCHOOL
SHOULD  REMAIN UNDER CONTINUED SCHOOL DISTRICT OPERATION WITH THE SUPER-
INTENDENT VESTED WITH THE POWERS OF A RECEIVER; OR (3) THE SCHOOL SHOULD
BE PLACED INTO RECEIVERSHIP; PROVIDED, HOWEVER, THAT A SCHOOL THAT MAKES
DEMONSTRABLE IMPROVEMENT BASED ON  THE  PERFORMANCE  METRICS  AND  GOALS
HEREIN  SHALL  REMAIN  UNDER DISTRICT OPERATION FOR AN ADDITIONAL SCHOOL
YEAR AND IF SUCH SCHOOL  REMAINS  UNDER  DISTRICT  OPERATION,  IT  SHALL
CONTINUE  TO BE SUBJECT TO ANNUAL REVIEW BY THE DEPARTMENT, IN CONSULTA-
TION AND COOPERATION WITH THE DISTRICT, UNDER THE SAME TERMS AND  CONDI-
TIONS.
  (II)  FOR SCHOOLS DESIGNATED AS FAILING, BUT NOT PERSISTENTLY FAILING,
THE LOCAL DISTRICT SHALL CONTINUE TO OPERATE THE SCHOOL  FOR  TWO  ADDI-
TIONAL  SCHOOL YEARS PROVIDED THAT THERE IS A DEPARTMENT-APPROVED INTER-
VENTION MODEL OR COMPREHENSIVE EDUCATION PLAN  IN  PLACE  THAT  INCLUDES
RIGOROUS  PERFORMANCE  METRICS  AND  GOALS, INCLUDING BUT NOT LIMITED TO
MEASURES OF STUDENT ACADEMIC ACHIEVEMENT AND  OUTCOMES  INCLUDING  THOSE
SET  FORTH IN SUBDIVISION SIX OF THIS SECTION. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW, RULE OR REGULATION TO THE CONTRARY, THE SUPERINTENDENT
SHALL BE VESTED WITH ALL POWERS GRANTED TO A RECEIVER APPOINTED PURSUANT
TO THIS SECTION; PROVIDED, HOWEVER THAT SUCH SUPERINTENDENT SHALL NOT BE
ALLOWED TO OVERRIDE ANY DECISION OF THE BOARD OF EDUCATION WITH  RESPECT
TO  HIS  OR  HER  EMPLOYMENT  STATUS.  AT THE END OF SUCH TWO YEARS, THE
DEPARTMENT SHALL CONDUCT A SCHOOL PERFORMANCE REVIEW IN CONSULTATION AND
COOPERATION WITH THE DISTRICT AND SCHOOL STAFF TO  DETERMINE,  BASED  ON
THE  PERFORMANCE  METRICS IN THE SCHOOL'S MODEL OR PLAN, WHETHER (1) THE
DESIGNATION OF FAILING SHOULD BE REMOVED; (2) THE SCHOOL  SHOULD  REMAIN
UNDER CONTINUED SCHOOL DISTRICT OPERATION WITH THE SUPERINTENDENT VESTED
WITH  THE  POWERS OF A RECEIVER; OR (3) THE SCHOOL SHOULD BE PLACED INTO
RECEIVERSHIP; PROVIDED, HOWEVER, THAT A SCHOOL THAT  MAKES  DEMONSTRABLE
IMPROVEMENT  BASED  ON  THE  PERFORMANCE  METRICS AND GOALS HEREIN SHALL
REMAIN UNDER DISTRICT OPERATION FOR AN ADDITIONAL  SCHOOL  YEAR  AND  IF
SUCH  SCHOOL  REMAINS  UNDER DISTRICT OPERATION, IT SHALL CONTINUE TO BE
SUBJECT TO SUCH ANNUAL REVIEW BY THE DEPARTMENT UNDER THE SAME TERMS AND
CONDITIONS.  FOR SCHOOLS NEWLY DESIGNATED AS FAILING AFTER THE TWO THOU-
SAND SIXTEEN--TWO THOUSAND SEVENTEEN SCHOOL YEAR, THE  SCHOOL  SHALL  BE
IMMEDIATELY ELIGIBLE FOR RECEIVERSHIP UPON SUCH DESIGNATION.
  (III)  NOTHING  IN  THIS  PARAGRAPH  SHALL BE CONSTRUED TO LIMIT (1) A
SCHOOL DISTRICT'S ABILITY TO MODIFY, SUBJECT TO APPROVAL BY THE  DEPART-
MENT,  SUCH  DEPARTMENT  APPROVED  INTERVENTION  MODEL  OR COMPREHENSIVE
EDUCATION PLAN, OR (2) THE COMMISSIONER'S ABILITY TO  REQUIRE  A  SCHOOL
DISTRICT  TO  MODIFY  SUCH  DEPARTMENT  APPROVED  INTERVENTION  MODEL OR
COMPREHENSIVE EDUCATION PLAN AND REQUIRE HIS OR  HER  APPROVAL  OF  SUCH
MODIFICATIONS.
  (IV) THE DISTRICT SHALL PROVIDE NOTICE TO PARENTS AND GUARDIANS OF THE
STUDENTS OF THE SCHOOL WHICH MAY BE PLACED INTO RECEIVERSHIP PURSUANT TO
THIS  SUBDIVISION  AND PROVIDED FURTHER THAT THE DISTRICT OR THE COMMIS-
SIONER SHALL HOLD A PUBLIC MEETING OR HEARING FOR PURPOSES OF DISCUSSING
THE PERFORMANCE OF THE SCHOOL AND THE CONSTRUCT OF RECEIVERSHIP.
  1-A. COMMUNITY ENGAGEMENT TEAM. UPON DESIGNATION AS FAILING OR PERSIS-
TENTLY FAILING PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE DISTRICT
SHALL ESTABLISH A COMMUNITY ENGAGEMENT TEAM WHICH SHALL INCLUDE COMMUNI-
TY STAKEHOLDERS, INCLUDING BUT NOT  LIMITED  TO  THE  SCHOOL  PRINCIPAL,
PARENTS  AND  GUARDIANS,  TEACHERS  AND OTHER SCHOOL STAFF AND STUDENTS.
MEMBERSHIP OF SUCH TEAM MAY BE MODIFIED AT ANY  TIME.  SUCH  TEAM  SHALL
DEVELOP  RECOMMENDATIONS FOR IMPROVEMENT OF THE SCHOOL AND SHALL SOLICIT
INPUT THROUGH PUBLIC ENGAGEMENT. THE TEAM SHALL PRESENT ITS  RECOMMENDA-
TIONS  PERIODICALLY  TO  THE  SCHOOL  LEADERSHIP AND, AS APPLICABLE, THE
RECEIVER.
  2. APPOINTMENT OF A RECEIVER.  (A) UPON A DETERMINATION BY THE COMMIS-
SIONER THAT A SCHOOL SHALL BE PLACED INTO RECEIVERSHIP,  THE  APPLICABLE
SCHOOL  DISTRICT  SHALL  APPOINT AN INDEPENDENT RECEIVER, SUBJECT TO THE
APPROVAL OF THE COMMISSIONER, TO MANAGE AND OPERATE ALL ASPECTS  OF  THE
SCHOOL  AND  TO DEVELOP AND IMPLEMENT A SCHOOL INTERVENTION PLAN FOR THE
SCHOOL THAT SHALL CONSIDER THE RECOMMENDATIONS DEVELOPED BY THE COMMUNI-
TY ENGAGEMENT TEAM WHEN CREATING SUCH PLAN. THE INDEPENDENT RECEIVER MAY
BE A NON-PROFIT ENTITY, ANOTHER SCHOOL DISTRICT, OR  AN  INDIVIDUAL.  IF
THE  SCHOOL DISTRICT FAILS TO APPOINT AN INDEPENDENT RECEIVER THAT MEETS
WITH THE COMMISSIONER'S APPROVAL WITHIN  SIXTY  DAYS  OF  SUCH  DETERMI-
NATION, THE COMMISSIONER SHALL APPOINT THE RECEIVER.
  (B) THE RECEIVER SHALL BE AUTHORIZED TO MANAGE AND OPERATE THE FAILING
OR PERSISTENTLY FAILING SCHOOL AND SHALL HAVE THE POWER TO SUPERSEDE ANY
DECISION, POLICY OR REGULATION OF THE SUPERINTENDENT OF SCHOOLS OR CHIEF
SCHOOL  OFFICER,  OR OF THE BOARD OF EDUCATION OR ANOTHER SCHOOL OFFICER
OR THE BUILDING PRINCIPAL THAT IN THE  SOLE  JUDGMENT  OF  THE  RECEIVER
CONFLICTS  WITH  THE SCHOOL INTERVENTION PLAN; PROVIDED HOWEVER THAT THE
RECEIVER MAY NOT SUPERSEDE DECISIONS THAT ARE NOT DIRECTLY LINKED TO THE
SCHOOL INTERVENTION PLAN, INCLUDING BUT NOT LIMITED  TO  BUILDING  USAGE
PLANS, CO-LOCATION DECISIONS AND TRANSPORTATION OF STUDENTS. THE RECEIV-
ER SHALL HAVE AUTHORITY TO REVIEW PROPOSED SCHOOL DISTRICT BUDGETS PRIOR
TO  PRESENTATION TO THE DISTRICT VOTERS, OR IN THE CASE OF A CITY SCHOOL
DISTRICT  IN A CITY HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOU-
SAND OR MORE, OF THE ADOPTION OF A CONTINGENCY BUDGET, PRIOR TO APPROVAL
BY THE BOARD OF EDUCATION, AND TO MODIFY THE PROPOSED BUDGET TO  CONFORM
TO  THE  SCHOOL INTERVENTION PLAN PROVIDED THAT SUCH MODIFICATIONS SHALL
BE LIMITED IN SCOPE AND EFFECT TO THE FAILING  OR  PERSISTENTLY  FAILING
SCHOOL AND MAY NOT UNDULY IMPACT OTHER SCHOOLS IN THE DISTRICT. A SCHOOL
UNDER  RECEIVERSHIP  SHALL  OPERATE  IN  ACCORDANCE WITH LAWS REGULATING
OTHER PUBLIC SCHOOLS, EXCEPT AS SUCH PROVISIONS MAY CONFLICT  WITH  THIS
SECTION.
  (C) THE COMMISSIONER SHALL CONTRACT WITH THE RECEIVER, AND THE COMPEN-
SATION  AND  OTHER  COSTS  OF THE RECEIVER APPOINTED BY THE COMMISSIONER
SHALL BE PAID FROM A STATE APPROPRIATION FOR SUCH  PURPOSE,  OR  BY  THE
SCHOOL  DISTRICT, AS DETERMINED BY THE COMMISSIONER, PROVIDED THAT COSTS
SHALL BE PAID BY THE SCHOOL DISTRICT ONLY IF THERE IS AN  OPEN  ADMINIS-
TRATIVE  STAFFING LINE AVAILABLE FOR THE RECEIVER, AND THE RECEIVER WILL
BE TAKING ON THE RESPONSIBILITIES OF SUCH OPEN LINE. NOTWITHSTANDING ANY
OTHER PROVISION OF LAW TO THE CONTRARY, THE  RECEIVER  AND  ANY  OF  ITS
EMPLOYEES  PROVIDING  SERVICES  IN THE RECEIVERSHIP SHALL BE ENTITLED TO
DEFENSE AND INDEMNIFICATION BY THE SCHOOL DISTRICT TO THE SAME EXTENT AS
A SCHOOL DISTRICT EMPLOYEE. THE RECEIVER'S CONTRACT MAY BE TERMINATED BY
THE COMMISSIONER FOR A VIOLATION OF  LAW  OR  THE  COMMISSIONER'S  REGU-
LATIONS  OR  FOR  NEGLECT  OF  DUTY.  A  RECEIVER APPOINTED TO OPERATE A
DISTRICT UNDER THIS SECTION SHALL HAVE FULL MANAGERIAL  AND  OPERATIONAL
CONTROL OVER SUCH SCHOOL; PROVIDED, HOWEVER, THAT THE BOARD OF EDUCATION
SHALL  REMAIN  THE  EMPLOYER  OF  RECORD,  AND PROVIDED FURTHER THAT ANY
EMPLOYMENT DECISIONS OF THE BOARD OF EDUCATION MAY BE SUPERSEDED BY  THE
RECEIVER.  IT SHALL BE THE DUTY OF THE BOARD OF EDUCATION AND THE SUPER-
INTENDENT OF SCHOOLS TO FULLY COOPERATE WITH THE  RECEIVER  AND  WILLFUL
FAILURE  TO COOPERATE OR INTERFERENCE WITH THE FUNCTIONS OF THE RECEIVER
SHALL CONSTITUTE WILLFUL NEGLECT OF DUTY FOR PURPOSES OF  SECTION  THREE
HUNDRED SIX OF THIS TITLE. THE RECEIVER OR THE RECEIVER'S DESIGNEE SHALL
BE AN EX OFFICIO NON-VOTING MEMBER OF THE BOARD OF EDUCATION ENTITLED TO
ATTEND ALL MEETINGS OF THE BOARD OF EDUCATION.
  3.  BEFORE DEVELOPING THE SCHOOL INTERVENTION PLAN, THE RECEIVER SHALL
CONSULT WITH LOCAL STAKEHOLDERS SUCH AS: (A) THE BOARD OF EDUCATION; (B)
THE SUPERINTENDENT OF SCHOOLS; (C) THE BUILDING PRINCIPAL; (D)  TEACHERS
ASSIGNED  TO  THE SCHOOL AND THEIR COLLECTIVE BARGAINING REPRESENTATIVE;
(E) SCHOOL ADMINISTRATORS ASSIGNED TO THE SCHOOL  AND  THEIR  COLLECTIVE
BARGAINING REPRESENTATIVE; (F) PARENTS AND GUARDIANS OF STUDENTS ATTEND-
ING THE SCHOOL OR THEIR REPRESENTATIVES; (G) REPRESENTATIVES OF APPLICA-
BLE  STATE  AND LOCAL SOCIAL SERVICE, HEALTH AND MENTAL HEALTH AGENCIES;
(H) AS APPROPRIATE, REPRESENTATIVES OF LOCAL CAREER EDUCATION PROVIDERS,
STATE AND LOCAL WORKFORCE DEVELOPMENT AGENCIES AND  THE  LOCAL  BUSINESS
COMMUNITY;  (I) FOR ELEMENTARY SCHOOLS, REPRESENTATIVES OF LOCAL PREKIN-
DERGARTEN PROGRAMS; (J) STUDENTS ATTENDING THE  SCHOOL  AS  APPROPRIATE;
(K)  AS  NEEDED FOR MIDDLE SCHOOLS, JUNIOR HIGH SCHOOLS, CENTRAL SCHOOLS
OR HIGH SCHOOLS, REPRESENTATIVES OF LOCAL HIGHER EDUCATION INSTITUTIONS;
AND (L) THE SCHOOL STAKEHOLDER TEAM SET FORTH IN  SUBDIVISION  ONE-A  OF
THIS SECTION.
  4.  IN  CREATING  THE SCHOOL INTERVENTION PLAN, THE RECEIVER SHALL (I)
CONSIDER THE RECOMMENDATIONS DEVELOPED BY THE COMMUNITY ENGAGEMENT  TEAM
SET  FORTH IN SUBDIVISION ONE-A OF THIS SECTION; (II) INCLUDE PROVISIONS
INTENDED TO MAXIMIZE THE RAPID ACADEMIC ACHIEVEMENT OF STUDENTS  AT  THE
SCHOOL;  AND  (III) ENSURE THAT THE PLAN ADDRESSES SCHOOL LEADERSHIP AND
CAPACITY, SCHOOL LEADER PRACTICES AND DECISIONS, CURRICULUM  DEVELOPMENT
AND  SUPPORT,  TEACHER  PRACTICES  AND  DECISIONS,  STUDENT  SOCIAL  AND
EMOTIONAL DEVELOPMENTAL HEALTH, AND FAMILY AND COMMUNITY ENGAGEMENT. THE
RECEIVER SHALL, TO THE EXTENT PRACTICABLE, BASE THE PLAN ON THE FINDINGS
OF  ANY  RECENT  DIAGNOSTIC  REVIEW OR ASSESSMENT OF THE SCHOOL THAT HAS
BEEN CONDUCTED AND, AS APPLIED  TO  THE  SCHOOL,  STUDENT  OUTCOME  DATA
INCLUDING, BUT NOT LIMITED TO: (A) STUDENT ACHIEVEMENT GROWTH DATA BASED
ON  STATE  MEASURES;  (B)  OTHER  MEASURES  OF  STUDENT ACHIEVEMENT; (C)
STUDENT PROMOTION AND GRADUATION RATES; (D) ACHIEVEMENT AND GROWTH  DATA
FOR THE SUBGROUPS OF STUDENTS USED IN THE STATE'S ACCOUNTABILITY SYSTEM;
(E)  STUDENT  ATTENDANCE;  AND  (F)  LONG-TERM AND SHORT-TERM SUSPENSION
RATES.
  5. (A) THE RECEIVER SHALL INCLUDE THE FOLLOWING IN THE  SCHOOL  INTER-
VENTION  PLAN: (I) MEASURES TO ADDRESS SOCIAL SERVICE, HEALTH AND MENTAL
HEALTH NEEDS OF STUDENTS IN THE SCHOOL AND THEIR FAMILIES  IN  ORDER  TO
HELP  STUDENTS ARRIVE AND REMAIN AT SCHOOL READY TO LEARN; PROVIDED THAT
THIS MAY INCLUDE MENTAL HEALTH AND SUBSTANCE ABUSE SCREENING; (II) MEAS-
URES TO IMPROVE OR EXPAND ACCESS  TO  CHILD  WELFARE  SERVICES  AND,  AS
APPROPRIATE,  SERVICES  IN  THE  SCHOOL  COMMUNITY TO PROMOTE A SAFE AND
SECURE LEARNING ENVIRONMENT; (III) AS APPLICABLE,  MEASURES  TO  PROVIDE
GREATER  ACCESS TO CAREER AND TECHNICAL EDUCATION AND WORKFORCE DEVELOP-
MENT SERVICES PROVIDED TO STUDENTS IN THE SCHOOL AND THEIR  FAMILIES  IN
ORDER TO PROVIDE STUDENTS AND FAMILIES WITH MEANINGFUL EMPLOYMENT SKILLS
AND OPPORTUNITIES; (IV) MEASURES TO ADDRESS ACHIEVEMENT GAPS FOR ENGLISH
LANGUAGE LEARNERS, STUDENTS WITH DISABILITIES AND ECONOMICALLY DISADVAN-
TAGED  STUDENTS,  AS  APPLICABLE; (V) MEASURES TO ADDRESS SCHOOL CLIMATE
AND POSITIVE BEHAVIOR  SUPPORT,  INCLUDING  MENTORING  AND  OTHER  YOUTH
DEVELOPMENT  PROGRAMS;  AND  (VI)  A  BUDGET FOR THE SCHOOL INTERVENTION
PLAN.
  (B) AS NECESSARY,  THE  COMMISSIONER  AND  THE  COMMISSIONERS  OF  THE
DEPARTMENT  OF  HEALTH,  THE OFFICE OF CHILDREN AND FAMILY SERVICES, THE
DEPARTMENT OF LABOR AND OTHER APPLICABLE STATE AND LOCAL SOCIAL SERVICE,
HEALTH, MENTAL HEALTH  AND  CHILD  WELFARE  OFFICIALS  SHALL  COORDINATE
REGARDING  THE IMPLEMENTATION OF THE MEASURES DESCRIBED IN SUBPARAGRAPHS
(I) THROUGH (III) OF PARAGRAPH (A) OF THIS SUBDIVISION THAT ARE INCLUDED
IN THE SCHOOL INTERVENTION PLAN AND  SHALL,  SUBJECT  TO  APPROPRIATION,
REASONABLY  SUPPORT SUCH IMPLEMENTATION CONSISTENT WITH THE REQUIREMENTS
OF STATE AND FEDERAL LAW APPLICABLE TO THE RELEVANT PROGRAMS  THAT  EACH
SUCH  OFFICIAL  IS  RESPONSIBLE  FOR  ADMINISTERING,  AND  GRANT FAILING
SCHOOLS PRIORITY IN COMPETITIVE GRANTS, AS ALLOWABLE BEFORE  AND  DURING
THE PERIOD OF RECEIVERSHIP.
  6.  IN  ORDER  TO ASSESS THE SCHOOL ACROSS MULTIPLE MEASURES OF SCHOOL
PERFORMANCE AND STUDENT SUCCESS,  THE  SCHOOL  INTERVENTION  PLAN  SHALL
INCLUDE  MEASURABLE  ANNUAL  GOALS  INCLUDING,  BUT  NOT LIMITED TO, THE
FOLLOWING: (A) STUDENT ATTENDANCE; (B) STUDENT DISCIPLINE INCLUDING  BUT
NOT  LIMITED  TO  SHORT-TERM AND LONG-TERM SUSPENSION RATES; (C) STUDENT
SAFETY; (D) STUDENT PROMOTION AND GRADUATION  AND  DROP-OUT  RATES;  (E)
STUDENT  ACHIEVEMENT AND GROWTH ON STATE MEASURES; (F) PROGRESS IN AREAS
OF ACADEMIC  UNDERPERFORMANCE;  (G)  PROGRESS  AMONG  THE  SUBGROUPS  OF
STUDENTS  USED  IN  THE  STATE'S ACCOUNTABILITY SYSTEM; (H) REDUCTION OF
ACHIEVEMENT GAPS AMONG SPECIFIC GROUPS OF STUDENTS; (I)  DEVELOPMENT  OF
COLLEGE  AND  CAREER  READINESS,  INCLUDING AT THE ELEMENTARY AND MIDDLE
SCHOOL LEVELS; (J) PARENT AND FAMILY ENGAGEMENT; (K) BUILDING A  CULTURE
OF  ACADEMIC  SUCCESS  AMONG STUDENTS; (L) BUILDING A CULTURE OF STUDENT
SUPPORT AND SUCCESS AMONG FACULTY AND STAFF; (M)  USING  DEVELOPMENTALLY
APPROPRIATE CHILD ASSESSMENTS FROM PRE-KINDERGARTEN THROUGH THIRD GRADE,
IF  APPLICABLE,  THAT  ARE  TAILORED TO THE NEEDS OF THE SCHOOL; AND (N)
MEASURES OF STUDENT LEARNING.
  7.  (A) NOTWITHSTANDING ANY GENERAL OR SPECIAL LAW TO THE CONTRARY, IN
CREATING AND IMPLEMENTING THE SCHOOL  INTERVENTION  PLAN,  THE  RECEIVER
SHALL,  AFTER  CONSULTING WITH STAKEHOLDERS AND THE COMMUNITY ENGAGEMENT
TEAM, CONVERT SCHOOLS TO COMMUNITY SCHOOLS TO PROVIDE  EXPANDED  HEALTH,
MENTAL HEALTH AND OTHER SERVICES TO THE STUDENTS AND THEIR FAMILIES.
IN ADDITION, THE RECEIVER MAY: (I) REVIEW AND IF NECESSARY EXPAND, ALTER
OR REPLACE THE CURRICULUM AND PROGRAM OFFERINGS OF THE SCHOOL, INCLUDING
THE  IMPLEMENTATION  OF  RESEARCH-BASED  EARLY  LITERACY PROGRAMS, EARLY
INTERVENTIONS FOR STRUGGLING READERS AND THE TEACHING OF ADVANCED PLACE-
MENT COURSES OR OTHER RIGOROUS NATIONALLY OR INTERNATIONALLY  RECOGNIZED
COURSES,  IF  THE SCHOOL DOES NOT ALREADY HAVE SUCH PROGRAMS OR COURSES;
(II) REPLACE TEACHERS AND ADMINISTRATORS,  INCLUDING  SCHOOL  LEADERSHIP
WHO ARE NOT APPROPRIATELY CERTIFIED OR LICENSED; (III) INCREASE SALARIES
OF  CURRENT  OR  PROSPECTIVE  TEACHERS AND ADMINISTRATORS TO ATTRACT AND
RETAIN HIGH-PERFORMING TEACHERS AND ADMINISTRATORS; (IV) ESTABLISH STEPS
TO IMPROVE HIRING, INDUCTION, TEACHER EVALUATION, PROFESSIONAL  DEVELOP-
MENT,  TEACHER ADVANCEMENT, SCHOOL CULTURE AND ORGANIZATIONAL STRUCTURE;
(V) REALLOCATE THE USES OF THE  EXISTING  BUDGET  OF  THE  SCHOOL;  (VI)
EXPAND  THE SCHOOL DAY OR SCHOOL YEAR OR BOTH OF THE SCHOOL; (VII) FOR A
SCHOOL THAT OFFERS THE FIRST GRADE, ADD  PRE-KINDERGARTEN  AND  FULL-DAY
KINDERGARTEN  CLASSES, IF THE SCHOOL DOES NOT ALREADY HAVE SUCH CLASSES;
(VIII) IN ACCORDANCE WITH PARAGRAPHS (B) AND (C) OF THIS SUBDIVISION, TO
ABOLISH THE POSITIONS OF ALL MEMBERS OF THE TEACHING AND  ADMINISTRATIVE
AND  SUPERVISORY  STAFF  ASSIGNED TO THE FAILING OR PERSISTENTLY FAILING
SCHOOL AND TERMINATE THE EMPLOYMENT OF ANY BUILDING  PRINCIPAL  ASSIGNED
TO  SUCH  A  SCHOOL, AND REQUIRE SUCH STAFF MEMBERS TO REAPPLY FOR THEIR
POSITIONS IN THE SCHOOL IF THEY SO CHOOSE; (IX) INCLUDE A PROVISION OF A
JOB-EMBEDDED PROFESSIONAL DEVELOPMENT FOR TEACHERS AT THE  SCHOOL,  WITH
AN  EMPHASIS  ON STRATEGIES THAT INVOLVE TEACHER INPUT AND FEEDBACK; (X)
ESTABLISH A PLAN FOR PROFESSIONAL DEVELOPMENT FOR ADMINISTRATORS AT  THE
SCHOOL,  WITH  AN  EMPHASIS ON STRATEGIES THAT DEVELOP LEADERSHIP SKILLS
AND USE THE PRINCIPLES OF DISTRIBUTIVE LEADERSHIP; AND/OR (XI) ORDER THE
CONVERSION OF A SCHOOL IN RECEIVERSHIP THAT HAS BEEN DESIGNATED AS FAIL-
ING OR PERSISTENTLY FAILING PURSUANT TO  THIS  SECTION  INTO  A  CHARTER
SCHOOL,  PROVIDED  THAT  SUCH  CONVERSION  SHALL  BE  SUBJECT TO ARTICLE
FIFTY-SIX OF THIS CHAPTER AND PROVIDED FURTHER THAT SUCH CHARTER CONVER-
SION SCHOOL SHALL OPERATE PURSUANT TO SUCH ARTICLE AND PROVIDED  FURTHER
THAT  SUCH  CHARTER  CONVERSION  SCHOOL  SHALL OPERATE CONSISTENT WITH A
COMMUNITY SCHOOLS MODEL AND PROVIDED FURTHER THAT SUCH CONVERSION  CHAR-
TER  SCHOOL  SHALL  BE  SUBJECT TO THE PROVISIONS IN SUBDIVISIONS THREE,
FOUR, FIVE, SIX, NINE, TEN, ELEVEN, TWELVE AND THIRTEEN OF THIS SECTION.
  (B) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION  TO
THE CONTRARY, UPON DESIGNATION OF ANY SCHOOL OF THE SCHOOL DISTRICT AS A
FAILING  OR  PERSISTENTLY  FAILING  SCHOOL PURSUANT TO THIS SECTION, THE
ABOLITION OF POSITIONS OF MEMBERS OF THE TEACHING AND ADMINISTRATIVE AND
SUPERVISORY STAFF OF THE SCHOOL SHALL  THEREAFTER  BE  GOVERNED  BY  THE
APPLICABLE  PROVISIONS  OF  SECTION TWENTY-FIVE HUNDRED TEN, TWENTY-FIVE
HUNDRED EIGHTY-FIVE, TWENTY-FIVE HUNDRED EIGHTY-EIGHT OR THREE  THOUSAND
THIRTEEN  OF  THIS  CHAPTER  AS  MODIFIED BY THIS PARAGRAPH. A CLASSROOM
TEACHER OR BUILDING PRINCIPAL WHO HAS RECEIVED  TWO  OR  MORE  COMPOSITE
RATINGS  OF  INEFFECTIVE  ON  AN  ANNUAL PROFESSIONAL PERFORMANCE REVIEW
SHALL BE DEEMED NOT TO HAVE  RENDERED  FAITHFUL  AND  COMPETENT  SERVICE
WITHIN  THE  MEANING  OF  SECTION  TWENTY-FIVE  HUNDRED TEN, TWENTY-FIVE
HUNDRED EIGHTY-FIVE, TWENTY-FIVE HUNDRED EIGHTY-EIGHT OR THREE  THOUSAND
THIRTEEN  OF  THIS  CHAPTER.  WHEN  A POSITION OF A CLASSROOM TEACHER OR
BUILDING PRINCIPAL IS ABOLISHED, THE SERVICES OF THE TEACHER OR ADMINIS-
TRATOR  OR  SUPERVISOR  WITHIN  THE TENURE AREA OF THE POSITION WITH THE
LOWEST RATING ON THE MOST RECENT ANNUAL PROFESSIONAL PERFORMANCE  REVIEW
SHALL BE DISCONTINUED, PROVIDED THAT SENIORITY WITHIN THE TENURE AREA OF
THE  POSITION SHALL BE USED SOLELY TO DETERMINE WHICH POSITION SHOULD BE
DISCONTINUED IN THE EVENT OF A TIE.
  (C) THE RECEIVER MAY ABOLISH THE POSITIONS OF ALL TEACHERS  AND  PEDA-
GOGICAL  SUPPORT  STAFF,  ADMINISTRATORS  AND  PUPIL  PERSONNEL  SERVICE
PROVIDERS ASSIGNED TO A SCHOOL DESIGNATED  AS  FAILING  OR  PERSISTENTLY
FAILING PURSUANT TO THIS SECTION AND REQUIRE SUCH STAFF MEMBERS TO REAP-
PLY  FOR NEW POSITIONS IF THEY SO CHOOSE.  THE RECEIVER SHALL DEFINE NEW
POSITIONS FOR THE SCHOOL ALIGNED  WITH  THE  SCHOOL  INTERVENTION  PLAN,
INCLUDING  SELECTION  CRITERIA  AND EXPECTED DUTIES AND RESPONSIBILITIES
FOR EACH  POSITION.  FOR  ADMINISTRATORS  AND  PUPIL  PERSONNEL  SERVICE
PROVIDERS,  THE RECEIVER SHALL HAVE FULL DISCRETION OVER ALL SUCH REHIR-
ING DECISIONS. FOR TEACHERS AND PEDAGOGICAL SUPPORT STAFF, THE  RECEIVER
SHALL  CONVENE A STAFFING COMMITTEE INCLUDING THE RECEIVER, TWO APPOINT-
EES OF THE RECEIVER AND TWO APPOINTEES SELECTED BY THE SCHOOL  STAFF  OR
THEIR  COLLECTIVE BARGAINING UNIT. THE STAFFING COMMITTEE WILL DETERMINE
WHETHER FORMER SCHOOL STAFF REAPPLYING FOR POSITIONS ARE  QUALIFIED  FOR
THE  NEW  POSITIONS.  THE  RECEIVER SHALL HAVE FULL DISCRETION REGARDING
HIRING DECISIONS BUT MUST FILL AT  LEAST  FIFTY  PERCENT  OF  THE  NEWLY
DEFINED  POSITIONS  WITH  THE  MOST  SENIOR  FORMER SCHOOL STAFF WHO ARE
DETERMINED BY THE STAFFING COMMITTEE  TO  BE  QUALIFIED.  ANY  REMAINING
VACANCIES  SHALL  BE  FILLED  BY  THE  RECEIVER IN CONSULTATION WITH THE
STAFFING COMMITTEE. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE
CONTRARY,  A MEMBER OF THE TEACHING AND PEDAGOGICAL SUPPORT, ADMINISTRA-
TIVE, OR PUPIL PERSONNEL SERVICE STAFF WHO IS NOT  REHIRED  PURSUANT  TO
THIS  PARAGRAPH  SHALL  NOT HAVE ANY RIGHT TO BUMP OR DISPLACE ANY OTHER
PERSON EMPLOYED BY THE DISTRICT, BUT SHALL  BE  PLACED  ON  A  PREFERRED
ELIGIBILITY LIST IN ACCORDANCE WITH THE APPLICABLE PROVISIONS OF SECTION
TWENTY-FIVE  HUNDRED  TEN,  TWENTY-FIVE HUNDRED EIGHTY-FIVE, TWENTY-FIVE
HUNDRED EIGHTY-EIGHT OR THREE THOUSAND THIRTEEN OF THIS CHAPTER.  TEACH-
ERS REHIRED PURSUANT TO THIS PARAGRAPH SHALL MAINTAIN THEIR PRIOR STATUS
AS TENURED OR PROBATIONARY, AND A PROBATIONARY TEACHER'S PROBATION PERI-
OD SHALL NOT BE CHANGED.
  (D)  FOR  A  SCHOOL  WITH  ENGLISH LANGUAGE LEARNERS, THE PROFESSIONAL
DEVELOPMENT AND PLANNING TIME FOR TEACHERS AND ADMINISTRATORS IDENTIFIED
IN CLAUSES (VI) AND (VII) OF THE CLOSING PARAGRAPH OF PARAGRAPH  (A)  OF
THIS SUBDIVISION, SHALL INCLUDE SPECIFIC STRATEGIES AND CONTENT DESIGNED
TO MAXIMIZE THE RAPID ACADEMIC ACHIEVEMENT OF THE ENGLISH LANGUAGE LEAR-
NERS.
  8.  (A)  IN ORDER TO MAXIMIZE THE RAPID ACHIEVEMENT OF STUDENTS AT THE
APPLICABLE SCHOOL, THE RECEIVER MAY REQUEST THAT THE COLLECTIVE BARGAIN-
ING UNIT OR UNITS  REPRESENTING  TEACHERS  AND  ADMINISTRATORS  AND  THE
RECEIVER,  ON BEHALF OF THE BOARD OF EDUCATION, NEGOTIATE A RECEIVERSHIP
AGREEMENT THAT MODIFIES THE APPLICABLE COLLECTIVE  BARGAINING  AGREEMENT
OR AGREEMENTS WITH RESPECT TO ANY FAILING SCHOOLS IN RECEIVERSHIP APPLI-
CABLE DURING THE PERIOD OF RECEIVERSHIP.  THE RECEIVERSHIP AGREEMENT MAY
ADDRESS THE FOLLOWING SUBJECTS: THE LENGTH OF THE SCHOOL DAY; THE LENGTH
OF  THE  SCHOOL YEAR; PROFESSIONAL DEVELOPMENT FOR TEACHERS AND ADMINIS-
TRATORS; CLASS SIZE; AND  CHANGES  TO  THE  PROGRAMS,  ASSIGNMENTS,  AND
TEACHING  CONDITIONS  IN  THE  SCHOOL  IN RECEIVERSHIP. THE RECEIVERSHIP
AGREEMENT SHALL NOT PROVIDE FOR ANY  REDUCTION  IN  COMPENSATION  UNLESS
THERE SHALL ALSO BE A PROPORTIONATE REDUCTION IN HOURS AND SHALL PROVIDE
FOR  A  PROPORTIONATE  INCREASE  IN COMPENSATION WHERE THE LENGTH OF THE
SCHOOL DAY OR SCHOOL YEAR IS EXTENDED. THE RECEIVERSHIP AGREEMENT  SHALL
NOT  ALTER  THE  REMAINING  TERMS  OF THE EXISTING/UNDERLYING COLLECTIVE
BARGAINING AGREEMENT WHICH SHALL REMAIN IN EFFECT.
  (B) THE BARGAINING SHALL BE CONDUCTED BETWEEN  THE  RECEIVER  AND  THE
COLLECTIVE  BARGAINING  UNIT  IN GOOD FAITH AND COMPLETED NOT LATER THAN
THIRTY DAYS FROM THE POINT AT WHICH  THE  RECEIVER  REQUESTED  THAT  THE
BARGAINING  COMMENCE.  THE  AGREEMENT  SHALL  BE SUBJECT TO RATIFICATION
WITHIN TEN BUSINESS DAYS BY THE BARGAINING UNIT MEMBERS IN  THE  SCHOOL.
IF THE PARTIES ARE UNABLE TO REACH AN AGREEMENT WITHIN THIRTY DAYS OR IF
THE AGREEMENT IS NOT RATIFIED WITHIN TEN BUSINESS DAYS BY THE BARGAINING
UNIT MEMBERS OF THE SCHOOL, THE PARTIES SHALL SUBMIT ANY REMAINING UNRE-
SOLVED  ISSUES  TO  THE  COMMISSIONER  WHO  SHALL RESOLVE ANY UNRESOLVED
ISSUES WITHIN FIVE DAYS, IN ACCORDANCE WITH STANDARD COLLECTIVE BARGAIN-
ING PRINCIPLES.
  (C) FOR PURPOSES ONLY FOR SCHOOLS DESIGNATED AS  FAILING  PURSUANT  TO
SUBPARAGRAPH  (II)  OF PARAGRAPH (C) OF SUBDIVISION ONE OF THIS SECTION,
BARGAINING SHALL BE CONDUCTED BETWEEN THE RECEIVER  AND  THE  COLLECTIVE
BARGAINING  UNIT  IN GOOD FAITH AND COMPLETED NOT LATER THAN THIRTY DAYS
FROM THE POINT AT WHICH  THE  RECEIVER  REQUESTED  THAT  THE  BARGAINING
COMMENCE.  THE  AGREEMENT  SHALL  BE  SUBJECT TO RATIFICATION WITHIN TEN
BUSINESS DAYS BY THE BARGAINING UNIT  MEMBERS  OF  THE  SCHOOL.  IF  THE
PARTIES  ARE  UNABLE  TO REACH AN AGREEMENT WITHIN THIRTY DAYS OR IF THE
AGREEMENT IS NOT RATIFIED WITHIN TEN BUSINESS  DAYS  BY  THE  BARGAINING
UNIT  MEMBERS OF THE SCHOOL, A CONCILIATOR SHALL BE SELECTED THROUGH THE
AMERICAN ARBITRATION ASSOCIATION, WHO SHALL  FORTHWITH  FORWARD  TO  THE
PARTIES  A  LIST  OF THREE CONCILIATORS, EACH OF WHOM SHALL HAVE PROFES-
SIONAL EXPERIENCE IN ELEMENTARY AND SECONDARY EDUCATION, FROM WHICH  THE
PARTIES  MAY  AGREE UPON A SINGLE CONCILIATOR PROVIDED, HOWEVER, THAT IF
THE PARTIES CANNOT SELECT A CONCILIATOR  FROM  AMONG  THE  THREE  WITHIN
THREE BUSINESS DAYS, THE AMERICAN ARBITRATION ASSOCIATION SHALL SELECT A
CONCILIATOR  FROM  THE  LIST  OF  NAMES WITHIN ONE BUSINESS DAY, AND THE
CONCILIATOR SHALL RESOLVE ALL OUTSTANDING ISSUES WITHIN FIVE DAYS. AFTER
SUCH FIVE DAYS, IF ANY  UNRESOLVED  ISSUES  REMAIN,  THE  PARTIES  SHALL
SUBMIT  SUCH  ISSUES  TO  THE COMMISSIONER WHO SHALL RESOLVE SUCH ISSUES
WITHIN FIVE DAYS, IN  ACCORDANCE  WITH  STANDARD  COLLECTIVE  BARGAINING
PRINCIPLES.
  9.  A FINAL SCHOOL INTERVENTION PLAN SHALL BE SUBMITTED TO THE COMMIS-
SIONER FOR APPROVAL AND, UPON APPROVAL, SHALL BE ISSUED BY THE  RECEIVER
WITHIN  SIX  MONTHS  OF  THE RECEIVER'S APPOINTMENT. A COPY OF SUCH PLAN
SHALL BE PROVIDED TO THE  BOARD  OF  EDUCATION,  THE  SUPERINTENDENT  OF
SCHOOLS  AND  THE  COLLECTIVE BARGAINING REPRESENTATIVES OF TEACHERS AND
ADMINISTRATORS OF THE SCHOOL DISTRICT. THE PLAN SHALL BE PUBLICLY AVAIL-
ABLE AND SHALL BE POSTED ON THE  DEPARTMENT'S  WEBSITE  AND  THE  SCHOOL
DISTRICT'S  WEBSITE,  AND  THE  SCHOOL  DISTRICT SHALL PROVIDE NOTICE TO
PARENTS OF SUCH SCHOOL INTERVENTION PLAN AND ITS AVAILABILITY.
  10. EACH SCHOOL INTERVENTION PLAN SHALL BE AUTHORIZED FOR A PERIOD  OF
NOT  MORE  THAN  THREE YEARS. THE RECEIVER MAY DEVELOP ADDITIONAL COMPO-
NENTS OF THE PLAN AND SHALL DEVELOP ANNUAL GOALS FOR EACH  COMPONENT  OF
THE  PLAN IN A MANNER CONSISTENT WITH THIS SECTION, ALL OF WHICH MUST BE
APPROVED BY THE COMMISSIONER. THE  RECEIVER  SHALL  BE  RESPONSIBLE  FOR
MEETING THE GOALS OF THE SCHOOL INTERVENTION PLAN.
  11. THE RECEIVER SHALL PROVIDE A WRITTEN REPORT TO THE BOARD OF EDUCA-
TION, THE COMMISSIONER, AND THE BOARD OF REGENTS ON A QUARTERLY BASIS TO
PROVIDE SPECIFIC INFORMATION ABOUT THE PROGRESS BEING MADE ON THE IMPLE-
MENTATION  OF THE SCHOOL INTERVENTION PLAN. ONE OF THE QUARTERLY REPORTS
SHALL BE THE ANNUAL EVALUATION OF THE INTERVENTION PLAN  UNDER  SUBDIVI-
SION TWELVE OF THIS SECTION.
  12.  (A)  THE COMMISSIONER SHALL, IN CONSULTATION AND COOPERATION WITH
THE DISTRICT  AND  THE  SCHOOL  STAFF,  EVALUATE  EACH  SCHOOL  WITH  AN
APPOINTED  RECEIVER  AT  LEAST  ANNUALLY.  THE PURPOSE OF THE EVALUATION
SHALL BE TO DETERMINE WHETHER THE SCHOOL HAS MET THE ANNUAL GOALS IN ITS
SCHOOL INTERVENTION PLAN AND TO ASSESS THE IMPLEMENTATION OF THE PLAN AT
THE SCHOOL. THE EVALUATION SHALL BE IN WRITING AND SHALL BE SUBMITTED TO
THE SUPERINTENDENT AND THE BOARD OF EDUCATION NOT LATER  THAN  SEPTEMBER
FIRST  FOR  THE PRECEDING SCHOOL YEAR. THE EVALUATION SHALL BE SUBMITTED
IN A FORMAT DETERMINED BY THE COMMISSIONER.
  (B) IF THE COMMISSIONER DETERMINES THAT THE SCHOOL HAS MET THE  ANNUAL
PERFORMANCE GOALS STATED IN THE SCHOOL INTERVENTION PLAN, THE EVALUATION
SHALL  BE  CONSIDERED  SUFFICIENT  AND  THE IMPLEMENTATION OF THE SCHOOL
INTERVENTION PLAN SHALL CONTINUE. IF THE  COMMISSIONER  DETERMINES  THAT
THE  SCHOOL  HAS NOT MET ONE OR MORE GOALS IN THE PLAN, THE COMMISSIONER
MAY REQUIRE MODIFICATION OF THE PLAN.
  13. UPON THE EXPIRATION OF A SCHOOL INTERVENTION  PLAN  FOR  A  SCHOOL
WITH  AN APPOINTED RECEIVER, THE COMMISSIONER, IN CONSULTATION AND COOP-
ERATION WITH THE DISTRICT, SHALL CONDUCT AN EVALUATION OF THE SCHOOL  TO
DETERMINE WHETHER THE SCHOOL HAS IMPROVED SUFFICIENTLY, REQUIRES FURTHER
IMPROVEMENT  OR  HAS FAILED TO IMPROVE. ON THE BASIS OF SUCH REVIEW, THE
COMMISSIONER, IN CONSULTATION AND COOPERATION WITH  THE  DISTRICT,  MAY:
(A)  RENEW  THE  PLAN  WITH THE RECEIVER FOR AN ADDITIONAL PERIOD OF NOT
MORE THAN THREE YEARS; (B) IF THE FAILING OR PERSISTENTLY FAILING SCHOOL
REMAINS FAILING AND THE TERMS OF THE PLAN HAVE  NOT  BEEN  SUBSTANTIALLY
MET,  TERMINATE THE CONTRACT WITH THE RECEIVER AND APPOINT A NEW RECEIV-
ER; OR (C) DETERMINE THAT THE SCHOOL HAS IMPROVED SUFFICIENTLY  FOR  THE
DESIGNATION OF FAILING OR PERSISTENTLY FAILING TO BE REMOVED.
  14. NOTHING IN THIS SECTION SHALL PROHIBIT THE COMMISSIONER OR A LOCAL
DISTRICT  FROM  CLOSING  A  SCHOOL  PURSUANT  TO  THE REGULATIONS OF THE
COMMISSIONER.
  15. THE COMMISSIONER SHALL BE AUTHORIZED TO ADOPT REGULATIONS TO CARRY
OUT THE PROVISIONS OF THIS SECTION.
  16. THE COMMISSIONER SHALL REPORT ANNUALLY TO  THE  GOVERNOR  AND  THE
LEGISLATURE ON THE IMPLEMENTATION AND FISCAL IMPACT OF THIS SECTION. THE
REPORT  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED TO, A LIST OF ALL SCHOOLS
CURRENTLY DESIGNATED AS FAILING OR PERSISTENTLY FAILING AND THE  STRATE-
GIES USED IN EACH OF THE SCHOOLS TO MAXIMIZE THE RAPID ACADEMIC ACHIEVE-
MENT OF STUDENTS.
  17. THE COMMISSIONER SHALL PROVIDE ANY RELEVANT DATA THAT IS NEEDED TO
IMPLEMENT AND COMPLY WITH THE REQUIREMENTS OF THE CHAPTER OF THE LAWS OF
TWO  THOUSAND  FIFTEEN  WHICH  ADDED THIS SECTION TO ANY SCHOOL DISTRICT
THAT HAS A SCHOOL OR SCHOOLS DESIGNATED AS FAILING OR PERSISTENTLY FAIL-
ING PURSUANT TO THIS SECTION BY AUGUST FIFTEENTH OF EACH  YEAR,  TO  THE
FULLEST  EXTENT  PRACTICABLE.    PROVIDED  THAT  THE  COMMISSIONER SHALL
PROVIDE GUIDANCE TO DISTRICTS AND MAY  ESTABLISH  A  MODEL  INTERVENTION
PLAN.  AND  PROVIDED FURTHER, THAT THE COMMISSIONER SHALL MAKE AVAILABLE
TO THE PUBLIC ANY SCHOOL INTERVENTION PLAN, OR OTHER DEPARTMENT-APPROVED
INTERVENTION MODEL OR  COMPREHENSIVE  EDUCATION  PLAN  OF  A  SCHOOL  OR
DISTRICT PROVIDED THAT SUCH MEASURES ARE CONSISTENT WITH ALL FEDERAL AND
STATE PRIVACY LAWS.
  S 2. This act shall take effect immediately.
  S 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by a court of compe-
tent jurisdiction to be invalid, such judgment shall not affect, impair,
or invalidate the remainder thereof, but shall be confined in its opera-
tion  to  the  clause, sentence, paragraph, subdivision, section or part
thereof  directly  involved  in  the  controversy in which such judgment
shall have been rendered. It is hereby declared to be the intent of  the
legislature  that  this act would have been enacted even if such invalid
provisions had not been included herein.
  S 4. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Subparts A through H of this act shall
be as specifically set forth in the last section of such Subparts.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be  adjudged  by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provisions had not been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date of Parts A through EE of this act shall be
as specifically set forth in the last section of such Parts.