Bill Text: NY A00317 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to annual teacher and principal evaluations; provides that in the event that a new evaluation system has not been adopted in accordance with the recommendations of the committee of experts as set forth in subdivision sixteen of section 3012-d of the education law by September 1, 2023, the date for compliance with the provisions of subpart E of part EE of chapter 56 of the laws of 2015, shall be suspended until such time that a new evaluation system is enacted.

Spectrum: Slight Partisan Bill (Democrat 6-2)

Status: (Introduced - Dead) 2020-01-08 - referred to education [A00317 Detail]

Download: New_York-2019-A00317-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                           317
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M.  of  A.  PAULIN,  JAFFEE,  ABINANTI, BRABENEC, GALEF,
          ZEBROWSKI, RAIA -- Multi-Sponsored by -- M. of  A.  BUCHWALD  --  read
          once and referred to the Committee on Education
        AN  ACT  to  amend  the education law, in relation to annual teacher and
          principal evaluations
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision 11 of section 3012-d of the education law, as
     2  added by section 2 of subpart E of part EE of chapter 56 of the laws  of
     3  2015, is amended to read as follows:
     4    11.  Notwithstanding  any  inconsistent  provision  of  law, no school
     5  district shall be eligible for an apportionment of general  support  for
     6  public  schools  from  the  funds  appropriated for the [2015--2016] two
     7  thousand twenty-three--two thousand twenty-four school year and any year
     8  thereafter in excess of the amount apportioned to such  school  district
     9  in  the  respective  base year unless such school district has submitted
    10  documentation that has been approved by the  commissioner  by  [November
    11  fifteenth,  two  thousand  fifteen, or by] September first, two thousand
    12  twenty-three and September first of each subsequent year,  demonstrating
    13  that  it has fully implemented the standards and procedures for conduct-
    14  ing annual teacher and principal evaluations of teachers and  principals
    15  in  accordance with the requirements of this section and the regulations
    16  issued by the commissioner.  Provided  further  that  any  apportionment
    17  withheld  pursuant  to this section shall not occur prior to April first
    18  of the current year and shall not have  any  effect  on  the  base  year
    19  calculation  for use in the subsequent school year. For purposes of this
    20  section, "base year" shall mean the base year as defined in paragraph  b
    21  of  subdivision  one  of section thirty-six hundred two of this chapter,
    22  and "current year" shall mean the current year as defined in paragraph a
    23  of subdivision one of section thirty-six hundred two  of  this  chapter.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03779-01-9

        A. 317                              2
     1  In  the  event  that  a  new  evaluation  system has not been adopted in
     2  accordance with the recommendations of the committee of experts  as  set
     3  forth  in  subdivision  sixteen  of this section by September first, two
     4  thousand  twenty-three,  the  date for compliance with the provisions of
     5  subpart E of part EE of chapter fifty-six of the laws  of  two  thousand
     6  fifteen, shall be suspended until such time that a new evaluation system
     7  is enacted.
     8    §  2.  Section  3012-d of the education law is amended by adding a new
     9  subdivision 16 to read as follows:
    10    16. a. Notwithstanding the provisions of paragraph  a  of  subdivision
    11  four  and subdivision five of this section, or of any other law, rule or
    12  regulation to the contrary, until  the  two  thousand  twenty-three--two
    13  thousand  twenty-four  school year, or until such time that a new evalu-
    14  ation system has been adopted  in  accordance  with  the  provisions  of
    15  subdivision eleven of this section, whichever is later, school districts
    16  and boards of cooperative educational services that have approved annual
    17  professional  performance  review  plans  pursuant to this section shall
    18  locally determine whether to utilize the student performance category as
    19  part of its annual professional performance review evaluation system  or
    20  whether  to  base evaluations of classroom teachers and building princi-
    21  pals solely upon the observation/school visit category ratings.
    22    b. During the transition  period,  any  student  performance  category
    23  score  and  rating that is based upon grades three through eight English
    24  language arts and mathematics state  assessments  and/or  state-provided
    25  growth scores on regents examinations shall be deemed advisory only. The
    26  transition  scores and ratings shall be used for the purposes of employ-
    27  ment decisions set forth in subdivision  one  of  this  section  and  to
    28  determine  whether  a teacher or principal improvement plan is required.
    29  Transition scores and ratings shall  be  calculated  based  upon  either
    30  solely  the  observation/school visit category, or with an alternate SLO
    31  to replace such impermissible assessment measures at the sole option  of
    32  each  school  district  or board of cooperative educational services, as
    33  determined locally. The board of regents shall amend section 30-3.17  of
    34  its rules in accordance with the terms contained herein.
    35    c.  During the transition period, school districts and boards of coop-
    36  erative educational services shall choose whether to continue to  imple-
    37  ment  their approved annual professional performance review plans pursu-
    38  ant to section three thousand twelve-c of this  article  or  whether  to
    39  submit  a compliant annual professional performance review plan pursuant
    40  to this section and implement such plan upon its approval.
    41    d. During this transition period when the state completes its  transi-
    42  tion  to  higher  learning  standards and aligns its assessments to such
    43  standards, a committee of experts shall be formed to propose a new eval-
    44  uation system for classroom teachers and building principals which shall
    45  ultimately amend this section in accordance with the committee's  recom-
    46  mendations, subject to legislative adoption of the same, after which the
    47  board of regents shall also amend its rules in accordance with the terms
    48  thereof.  The  committee  shall  be comprised of experts in the field of
    49  education selected by the  regents.  Should  the  committee  members  be
    50  selected and accept service on a voluntary basis, then there shall be no
    51  remuneration  for  such  service,  provided that if volunteers cannot be
    52  found, the committee members shall be  remunerated  in  accordance  with
    53  legislative  appropriations that shall be made to fairly compensate such
    54  members.
    55    e. The committee of experts shall develop a research-based  evaluation
    56  model  that is grounded in student learning and teacher/principal effec-

        A. 317                              3
     1  tiveness research. The committee shall recommend an array of permissible
     2  assessments for use within  this  new  annual  professional  performance
     3  review  system.  The  committee  shall  further recommend how to measure
     4  growth  in  a meaningful way that fairly and accurately captures teacher
     5  or principal contribution to the student learning process over an appro-
     6  priate interval of time.   The committee  shall  carefully  examine  all
     7  provisions  of  the current evaluation system, including current weights
     8  attributable to various measures, to recommend what  components  thereof
     9  should  be  continued and what should be discarded.  The committee shall
    10  provide a report of its  recommendations  by  no  later  than  September
    11  first, two thousand twenty-three.
    12    §  3.  Section  3012-c of the education law is amended by adding a new
    13  subdivision 11 to read as follows:
    14    11. Notwithstanding any other provision of law, rule, or regulation to
    15  the contrary, for  the  two  thousand  eighteen--two  thousand  nineteen
    16  through two thousand twenty-two--two thousand twenty-three school years,
    17  or  until  such  time  that  a new evaluation system has been adopted in
    18  accordance with the provisions of subdivision sixteen of  section  three
    19  thousand  twelve-d of this article, whichever is later, school districts
    20  and boards of cooperative educational services continuing  to  implement
    21  their  annual  professional  performance  review  plans pursuant to this
    22  section shall provide transition scores and  ratings  that  exclude  any
    23  student  performance  results  based  upon  grades  three  through eight
    24  English language arts and mathematics state  assessments  and/or  state-
    25  provided  growth  scores on regents examinations. Such transition scores
    26  shall be a significant factor for employment decisions as set  forth  in
    27  subdivision  one  of  this section and to determine whether a teacher or
    28  principal improvement plan shall be required pursuant to the  provisions
    29  of  subdivision  four  of  this  section. The transition scores shall be
    30  calculated in accordance with section 30-2.14 of the rules of the  board
    31  of regents, which shall be extended to remain effective during the tran-
    32  sition period referenced hereinabove. The board of regents shall conform
    33  section 30-2.14 to the provisions contained herein.
    34    § 4. This act shall take effect immediately.
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