Relates to the probationary period for certain tenured employees in school districts; makes such probationary period last for 3 years rather than 4 years.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8346
SPONSOR: Benedetto TITLE OF BILL: An act to amend the education law, in relation to the
probationary period for certain tenured employees in school districts
PURPOSE OR GENERAL IDEA OF BILL:
This bill conforms the probationary period for tenured school adminis-
trators and supervisory staff who are appointed in another school
district to a three year probationary period rather than four years to
align with the current law for tenured teachers who are appointed in
another school district.
SUMMARY OF PROVISIONS:
Sections 1, 2, 3, and 4 amend the Education Law to allow previously
tenured principals, administrators, supervisors or other members of the
supervising staff who have been appointed to their position by a Board
of Education or in New York City the Chancellor of the New York City
Department of Education to be subject to up to three years of a proba-
tionary period. This shortened probationary period does not apply to
individuals who have been dismissed from their position in the past and
adopts the same probationary time period currently applied to teachers.
Section 5 provides the effective date.
JUSTIFICATION:
An already tenured principal, administrator, supervisor, or other member
of the supervising staff of a school district has met the criteria for
tenure based on experience, observations and perfoimance. These individ-
uals who accept a comparable position in another school district should
be afforded a shorter probationary period for tenure than someone who
has not been granted tenure previously.
This bill grants all tenured principals, administrators, supervisors, or
other members of the supervising staff the same statutory timeline
governing tenured teachers who accept positions in another schOol
district.
This bill also makes the technical changes and equal application that
was called for in Veto Memorandum 313 of 2018.
PRIOR LEGISLATIVE HISTORY:
New Bill.
Relates to S6090A of 2018 (MARCELLINO): Vetoed, Memo.313
FISCAL IMPLICATIONS:
None to the Sate
EFFECTIVE DATE:
This act shall take effect June 1, 2020 and shall only apply to individ-
uals beginning their probationary periods on or after the effective
date.
STATE OF NEW YORK
________________________________________________________________________
8346
2019-2020 Regular Sessions
IN ASSEMBLY
June 15, 2019
___________
Introduced by M. of A. BENEDETTO -- read once and referred to the
Committee on Education
AN ACT to amend the education law, in relation to the probationary peri-
od for certain tenured employees in school districts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph ii of paragraph (b) of subdivision 1 of
2 section 2509 of the education law, as amended by section 1 of subpart D
3 of part EE of chapter 56 of the laws of 2015, is amended to read as
4 follows:
5 ii. Notwithstanding any other provision of law or regulation to the
6 contrary, administrators, directors, supervisors, principals and all
7 other members of the supervising staff, except associate, assistant and
8 other superintendents, appointed on or after July first, two thousand
9 fifteen and authorized by section twenty-five hundred three of this
10 article, shall be appointed by the board of education, upon the recom-
11 mendation of the superintendent of schools for a probationary period of
12 four years; provided, however, that in the case of a principal, adminis-
13 trator, supervisor, or other member of the supervising staff who has
14 been appointed on tenure pursuant to this chapter as an administrator
15 within an authorized administrative tenure area in another school
16 district within the state, the school district where currently employed,
17 or a board of cooperative educational services, and who was not
18 dismissed from such district or board as a result of charges brought
19 pursuant to subdivision one of section three thousand twenty-a or
20 section three thousand twenty-b of this chapter, the principal, adminis-
21 trator, supervisor or other member of the supervising staff shall be
22 appointed for a probationary period of three years. The service of a
23 person appointed to any of such positions may be discontinued at any
24 time during the probationary period on the recommendation of the super-
25 intendent of schools, by a majority vote of the board of education.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10116-03-9
A. 8346 2
1 § 2. Subparagraph ii of paragraph (b) of subdivision 1 of section 2573
2 of the education law, as amended by section 3 of subpart D of part EE of
3 chapter 56 of the laws of 2015, is amended to read as follows:
4 ii. Administrators, directors, supervisors, principals and all other
5 members of the supervising staff, except executive directors, associate,
6 assistant, district and community superintendents and examiners,
7 appointed on or after July first, two thousand fifteen and authorized by
8 section twenty-five hundred fifty-four of this article, shall be
9 appointed by the board of education, upon the recommendation of the
10 superintendent or chancellor of schools, for a probationary period of
11 four years provided that such probationary period may be extended in
12 accordance with paragraph (b) of subdivision five of this section;
13 provided, however, that in the case of a principal, administrator,
14 supervisor, or other member of the supervising staff who has been
15 appointed on tenure pursuant to this chapter as an administrator within
16 an authorized administrative tenure area in another school district
17 within the state, the school district where currently employed, or a
18 board of cooperative educational services, and who was not dismissed
19 from such district or board as a result of charges brought pursuant to
20 subdivision one of section three thousand twenty-a or section three
21 thousand twenty-b of this chapter, the principal, administrator, super-
22 visor or other member of the supervising staff shall be appointed for a
23 probationary period of three years. The service of a person appointed
24 to any of such positions may be discontinued at any time during the
25 probationary period on the recommendation of the superintendent of
26 schools, by a majority vote of the board of education.
27 § 3. Subparagraph ii of paragraph (b) of subdivision 1 of section 3012
28 of the education law, as amended by section 4 of subpart D of part EE of
29 chapter 56 of the laws of 2015, is amended to read as follows:
30 ii. Principals, administrators, supervisors and all other members of
31 the supervising staff of school districts, including common school
32 districts and/or school districts employing fewer than eight teachers,
33 other than city school districts, who are appointed on or after July
34 first, two thousand fifteen, shall be appointed by the board of educa-
35 tion, or the trustees of a common school district, upon the recommenda-
36 tion of the superintendent of schools for a probationary period of four
37 years; provided, however, that in the case of a principal, administra-
38 tor, supervisor, or other member of the supervising staff who has been
39 appointed on tenure pursuant to this chapter as an administrator within
40 an authorized administrative tenure area in another school district
41 within the state, the school district where currently employed, or a
42 board of cooperative educational services, and who was not dismissed
43 from such district or board as a result of charges brought pursuant to
44 subdivision one of section three thousand twenty-a or section three
45 thousand twenty-b of this article, the principal, administrator, super-
46 visor or other member of the supervising staff shall be appointed for a
47 probationary period of three years. The service of a person appointed
48 to any of such positions may be discontinued at any time during the
49 probationary period on the recommendation of the superintendent of
50 schools, by a majority vote of the board of education or the trustees of
51 a common school district.
52 § 4. Paragraph (b) of subdivision 1 of section 3014 of the education
53 law, as added by section 5 of subpart D of part EE of chapter 56 of the
54 laws of 2015, is amended to read as follows:
55 (b) Administrative assistants, supervisors, teachers and all other
56 members of the teaching and supervising staff of the board of cooper-
A. 8346 3
1 ative educational services appointed on or after July first, two thou-
2 sand fifteen, shall be appointed by a majority vote of the board of
3 cooperative educational services upon the recommendation of the district
4 superintendent of schools for a probationary period of not to exceed
5 four years; provided, however, that in the case of a teacher who has
6 been appointed on tenure in a school district within the state, the
7 board of cooperative educational services where currently employed, or
8 another board of cooperative educational services, and who was not
9 dismissed from such district or board as a result of charges brought
10 pursuant to section three thousand twenty-a or section three thousand
11 twenty-b of this article, the teacher shall be appointed for a proba-
12 tionary period of three years; provided that, in the case of a classroom
13 teacher, the teacher demonstrates that he or she received a composite
14 annual professional performance review rating pursuant to section three
15 thousand twelve-c or three thousand twelve-d of this [chapter] article
16 of either effective or highly effective in his or her final year of
17 service in such other school district or board of cooperative educa-
18 tional services; and provided further that in the case of a principal,
19 administrator, supervisor, or other member of the supervising staff who
20 has been appointed on tenure pursuant to this chapter as an administra-
21 tor within an authorized administrative tenure area in another school
22 district within the state, the school district where currently employed,
23 or a board of cooperative educational services, and who was not
24 dismissed from such district or board as a result of charges brought
25 pursuant to subdivision one of section three thousand twenty-a or
26 section three thousand twenty-b of this article, the principal, adminis-
27 trator, supervisor, or other member of the supervising staff shall be
28 appointed for a probationary period of three years. Services of a
29 person so appointed to any such positions to which this paragraph
30 applies may be discontinued at any time during [such] the probationary
31 period, upon the recommendation of the district superintendent, by a
32 majority vote of the board of cooperative educational services.
33 § 5. This act shall take effect June 1, 2020 and shall apply only to
34 individuals beginning their probationary periods on or after such date.
