New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 30 - Tenure Areas and Annual Professional Performance Reviews For Classroom Teachers and Building Principals › Subpart 30-2 - Annual Professional Performance Reviews of Classroom Teachers and Building Principals Conducted Prior to the 2019-20 School Year or for Annual Professional Performance Reviews Conducted Pursuant to a Collective Bargaining Agreement Entered into on or Before April 12, 2019 Which Remains in Effect on or After April 12, 2019 Until a Subsequent Agreement is Reached › Section 30-2.15 - Applicability of the provisions in Education Law section 3012-c

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of Education Law section
					 3012-c shall apply to annual professional
					 performance reviews pursuant to this Subpart as follows:
(a) the provisions of paragraphs (d) and (k)
				  of subdivision (2), subdivision (4), subdivision (5) and subdivision (9) of
				  Education Law section
				  3012-c that apply are set forth in the
				  applicable language of this Subpart;
(b) the provisions of paragraphs (k-1), (k-2)
				  and (l) of subdivision (2) of Education Law section
				  3012-c shall apply without any
				  modification;
(c) the provisions of
				  subdivision (5-a) of Education Law section
				  3012-c shall apply without modification
				  except:
(1) Any reference in subdivision (5-a)
				  to a proceeding pursuant to Education Law section
				  3020-a based on a pattern of ineffective
				  teaching shall be deemed to be a reference to a proceeding pursuant to
				  Education Law section
				  3020-b against a teacher or principal who
				  receives two or more consecutive composite Ineffective ratings; and in
				  accordance with Education Law section
				  3020(3) and
				  (4)(a), notwithstanding any inconsistent
				  language in subdivision (5-a), any alternate disciplinary procedures contained
				  in a collective bargaining agreement that becomes effective on or after July 1,
				  2015 shall provide that two consecutive Ineffective ratings pursuant to annual
				  professional performance reviews conducted in accordance with the provisions of
				  Education Law section
				  3012-c or 3012-d 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 consecutive Ineffective ratings pursuant to annual professional
				  performance reviews conducted in accordance with the provisions of Education
				  Law section
				  3012-c or 3012-d shall constitute
prima facie
evidence of incompetence that can only be overcome
				  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 Education Law section
				  3012-c or 3012-d was fraudulent, and if
				  not successfully overcome, the finding, absent extraordinary circumstances,
				  shall be just cause for removal;