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 [November11fifteenth, 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. LBD03779-01-9A. 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.