Bill Text: NY A03420 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to eliminating the student performance category of teacher evaluations and replacing it with a teacher evaluation category created by a committee consisting of certified educators of this state.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2018-01-03 - referred to education [A03420 Detail]
Download: New_York-2017-A03420-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3420 2017-2018 Regular Sessions IN ASSEMBLY January 27, 2017 ___________ Introduced by M. of A. BRINDISI, BUTLER, CAHILL, HYNDMAN, RAIA, LUPINAC- CI, SKOUFIS, JAFFEE, SEPULVEDA, LAWRENCE, SANTABARBARA, LUPARDO, MURRAY, RA, CURRAN, ZEBROWSKI, PALUMBO -- Multi-Sponsored by -- M. of A. BICHOTTE, CROUCH, ENGLEBRIGHT, MAGEE -- read once and referred to the Committee on Education AN ACT to amend the education law, in relation to annual teacher evalu- ations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 3012-d of the education law, as added by section 2 2 of subpart E of part EE of chapter 56 of the laws of 2015 and subpara- 3 graph 1 of paragraph a of subdivision 4 as amended by section 3 of 4 subpart C of part B of chapter 20 of the laws of 2015, is amended to 5 read as follows: 6 § 3012-d. Annual teacher and principal evaluations. 1. General 7 provisions. Notwithstanding any other provision of law, rule or regu- 8 lation to the contrary, the annual teacher and principal evaluations 9 (hereinafter, evaluations) implemented by districts shall be conducted 10 in accordance with the provisions of this section. Such annual evalu- 11 ations shall be a [significant] factor for employment decisions includ- 12 ing but not limited to, promotion, retention, tenure determination, 13 termination, and supplemental compensation. Such evaluations shall also 14 be a [significant] factor in teacher and principal development including 15 but not limited to coaching, induction support, and differentiated 16 professional development. 17 2. Definitions. 18 a. "District" shall mean school district and/or board of cooperative 19 educational services[, except that for purposes of subdivision eleven of20this section it shall only mean a school district]; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01874-01-7A. 3420 2 1 b. "Principal" shall mean a building principal or an administrator in 2 charge of an instructional program of a board of cooperative educational 3 services[;4c. "Student growth" shall mean the change in student achievement for5an individual student between two or more points in time.6d. "State-designed supplemental assessment" shall mean a selection of7state tests or assessments developed or designed by the state education8department, or that the state education department purchased or acquired9from (i) another state; (ii) an institution of higher education; or10(iii) a commercial or not-for-profit entity, provided that such entity11must be objective and may not have a conflict of interest or appearance12of a conflict of interest; such definition may include tests or assess-13ments that have been previously designed or acquired by local districts,14but only if the state education department significantly modifies growth15targets or scoring bands for such tests or assessments or otherwise16adapts the test or assessment to the state education department's17requirements]. 18 3. Ratings. The annual evaluations conducted pursuant to this section 19 shall rate teacher and principal effectiveness using the following cate- 20 gories: highly effective or "H", effective or "E", developing or "D" and 21 ineffective or "I". 22 4. Categories. The annual evaluation system shall consist of [multiple23measures in two categories: student performance] teacher evaluations and 24 teacher observations. 25 a. [Student performance category. Such category shall have at least26one subcomponent and an optional second subcomponent as follows:27(1) For the first subcomponent, (A) for a teacher whose course ends in28a state-created or administered test for which there is a state-provided29growth model, such teacher shall have a state-provided growth score30based on such model, which shall take into consideration certain student31characteristics, as determined by the commissioner, including but not32limited to students with disabilities, poverty, English language learner33status and prior academic history and which shall identify educators34whose students' growth is well above or well below average compared to35similar students for a teacher's or principal's students after the36certain student characteristics above are taken into account; and (B)37for a teacher whose course does not end in a state-created or adminis-38tered test such teacher shall have a student learning objective (SLO)39consistent with a goal-setting process determined or developed by the40commissioner, that results in a student growth score; provided that, for41any teacher whose course ends in a state-created or administered assess-42ment for which there is no state-provided growth model, such assessment43must be used as the underlying assessment for such SLO;44(2) For the optional second subcomponent, a district may locally45select a second measure in accordance with this subparagraph. Such46second measure shall apply in a consistent manner, to the extent practi-47cable, across the district and be either: (A) a second state-provided48growth score on a state-created or administered test under clause (A) of49subparagraph one of this paragraph, or (B) a growth score based on a50state-designed supplemental assessment, calculated using a state-provid-51ed or approved growth model. The optional second subcomponent shall52provide options for multiple assessment measures that are aligned to53existing classroom and school best practices and take into consideration54the recommendations in the testing reduction report as required by55section one of subpart F of the chapter of the laws of two thousandA. 3420 3 1fifteen which added this section regarding the reduction of unnecessary2additional testing.3The commissioner shall determine the weights and scoring ranges for4the subcomponent or subcomponents of the student performance category5that shall result in a combined category rating. The commissioner shall6also set parameters for appropriate targets for student growth for both7subcomponents, and the department must affirmatively approve and shall8have the authority to disapprove or require modifications of district9plans that do not set appropriate growth targets, including after10initial approval. The commissioner shall set such weights and parameters11consistent with the terms contained herein.] Teacher evaluation catego- 12 ry. The evaluation category for teachers shall be based on and created 13 from the findings of a committee established by the board of regents 14 consisting of certified educators who are residents of this state 15 created by the board of regents pursuant to subdivision five of this 16 section. 17 b. Teacher observations category. The observations category for teach- 18 ers shall be based on a state-approved rubric and shall include [up to19three subcomponents. Such category must include: (1)] a subcomponent 20 based on classroom observations conducted by a principal or other 21 trained administrator [and must also include (2) a subcomponent based on22classroom observations by an impartial independent trained evaluator or23evaluators selected by the district. An independent trained evaluator24may be employed within the school district, but not the same school25building, as the teacher being evaluated. Such category may also include26a subcomponent based on classroom observations conducted by a trained27peer teacher rated effective or highly effective from the same school or28from another school in the district]. 29 The [commissioner] board of regents shall determine the weights, 30 and/or weighting options and scoring ranges for the subcomponents of the 31 observations category that result in a combined category rating. The 32 [commissioner] board of regents shall also determine the minimum number 33 of observations to be conducted annually, including frequency and dura- 34 tion, and any parameters therefor. The [commissioner] board of regents 35 shall set such weights and scores consistent with the terms contained 36 herein. 37 5. The board of regents shall establish a committee consisting of 38 certified educators who are residents of this state to develop a 39 research based evaluation model to measure a teacher's performance. The 40 committee shall present its findings to the board of regents no later 41 than one year after the committee's creation. 42 6. Rating determination. The overall rating determination shall be 43 determined according to a methodology as follows: 44 a. The following rules shall apply: a teacher or principal who is (1) 45 [rated using two subcomponents in the student performance category and46receives a rating of ineffective in such category shall be rated inef-47fective overall; provided, however, that if the measure used in the48second subcomponent is a state-provided growth score on a state-created49or administered test pursuant to clause (A) of subparagraph one of para-50graph a of subdivision four of this section, a teacher or principal who51receives a rating of ineffective in such category shall not be eligible52to receive a rating of effective or highly effective overall; (2) rated53using only the state measure subcomponent in the student performance54category and receives a rating of ineffective in such category shall not55be eligible to receive a rating of effective or highly effective over-56all; and (3)] rated ineffective in the teacher observations categoryA. 3420 4 1 shall not be eligible to receive a rating of effective or highly effec- 2 tive overall and (2) rated ineffective in the teacher evaluation catego- 3 ry shall not be eligible to receive a rating of effective or highly 4 effective overall. 5 b. Except as otherwise provided in paragraph a of this subdivision, a 6 teacher's composite score shall be determined as follows: 7 (1) If a teacher receives an H in the teacher observation category, 8 and an H in the [student performance] teacher evaluation category, the 9 teacher's composite score shall be H; 10 (2) If a teacher receives an H in the teacher observation category, 11 and an E in the [student performance] teacher evaluation category, the 12 teacher's composite score shall be H; 13 (3) If a teacher receives an H in the teacher observation category, 14 and a D in the [student performance] teacher evaluation category, the 15 teacher's composite score shall be E; 16 (4) If a teacher receives an H in the teacher observation category, 17 and an I in the [student performance] teacher evaluation category, the 18 teacher's composite score shall be D; 19 (5) If a teacher receives an E in the teacher observation category, 20 and an H in the [student performance] teacher evaluation category, the 21 teacher's composite score shall be H; 22 (6) If a teacher receives an E in the teacher observation category, 23 and an E in the [student performance] teacher evaluation category, the 24 teacher's composite score shall be E; 25 (7) If a teacher receives an E in the teacher observation category, 26 and a D in the [student performance] teacher evaluation category, the 27 teacher's composite score shall be E; 28 (8) If a teacher receives an E in the teacher observation category, 29 and an I in the [student performance] teacher evaluation category, the 30 teacher's composite score shall be D; 31 (9) If a teacher receives a D in the teacher observation category, and 32 an H in the [student performance] teacher evaluation category, the 33 teacher's composite score shall be E; 34 (10) If a teacher receives a D in the teacher observation category, 35 and an E in the [student performance] teacher evaluation category, the 36 teacher's composite score shall be E; 37 (11) If a teacher receives a D in the teacher observation category, 38 and a D in the [student performance] teacher evaluation category, the 39 teacher's composite score shall be D; 40 (12) If a teacher receives a D in the teacher observation category, 41 and an I in the [student performance] teacher evaluation category, the 42 teacher's composite score shall be I; 43 (13) If a teacher receives an I in the teacher observation category, 44 and an H in the [student performance] teacher evaluation category, the 45 teacher's composite score shall be D; 46 (14) If a teacher receives an I in the teacher observation category, 47 and an E in the [student performance] teacher evaluation category, the 48 teacher's composite score shall be D; 49 (15) If a teacher receives an I in the teacher observation category, 50 and a D in the [student performance] teacher evaluation category, the 51 teacher's composite score shall be I; 52 (16) If a teacher receives an I in the teacher observation category, 53 and an I in the [student performance] teacher evaluation category, the 54 teacher's composite score shall be I.A. 3420 5 1 [6.] 7. Prohibited elements. The following elements shall no longer be 2 eligible to be used in any evaluation subcomponent pursuant to this 3 section: 4 a. [evidence of student development and performance derived from5lesson plans, other artifacts of teacher practice, and student portfo-6lios, except for student portfolios measured by a state-approved rubric7where permitted by the department;8b.] use of an instrument for parent or student feedback; 9 [c.] b. use of professional goal-setting as evidence of teacher or 10 principal effectiveness; 11 [d.] c. any district or regionally-developed assessment that has not 12 been approved by the department; [and] 13 [e.] d. any growth or achievement target that does not meet the mini- 14 mum standards as set forth in regulations of the [commissioner] board of 15 regents adopted hereunder; and 16 e. any state-created or administered test. 17 [7.] 8. The [commissioner] board of regents shall ensure that the 18 process by which weights and scoring ranges are assigned to subcompo- 19 nents and categories is transparent and available to those being rated 20 before the beginning of each school year. Such process must ensure that 21 it is possible for a teacher or principal to obtain any number of points 22 in the applicable scoring ranges, including zero, in each subcomponent. 23 The superintendent, district superintendent or chancellor and the repre- 24 sentative of the collective bargaining unit (where one exists) shall 25 certify in the district's plan that the evaluation process shall use the 26 standards for the scoring ranges provided by the [commissioner] board of 27 regents. Provided, however, that in any event, the following rules 28 shall apply: a teacher or principal who is: 29 a. [rated using two subcomponents in the student performance category30and receives a rating of ineffective in such category shall be rated31ineffective overall, except that if the measure used in the second32subcomponent is a second state-provided growth score on a state-adminis-33tered or sponsored test pursuant to clause (A) of subparagraph one of34paragraph a of subdivision four of this section, a teacher or principal35that receives a rating of ineffective in such category shall not be36eligible to receive a rating of effective or highly effective overall;37b. rated using only the state measure subcomponent in the student38performance category and receives a rating of ineffective in such cate-39gory shall not be eligible to receive a rating of effective or highly40effective overall; and41c.] rated ineffective in the observations category shall not be eligi- 42 ble to receive a rating of effective or highly effective overall; and 43 b. rated ineffective in the evaluation category shall not be eligible 44 to receive a rating of effective or highly effective overall. 45 [8.] 9. A student may not be instructed, for two consecutive school 46 years, by any two teachers in the same district, each of whom received a 47 rating of ineffective under an evaluation conducted pursuant to this 48 section in the school year immediately prior to the school year in which 49 the student is placed in the teacher's classroom; provided, that if a 50 district deems it impracticable to comply with this subdivision, the 51 district shall seek a waiver from the department from such requirement. 52 [9.] 10. Nothing in this section shall be construed to affect the 53 unfettered statutory right of a district to terminate a probationary 54 (non-tenured) teacher or principal for any statutorily and constitu- 55 tionally permissible reasons.A. 3420 6 1 [10.] 11. The local collective bargaining representative shall negoti- 2 ate with the district: 3 a. whether to use a second measure, [and, in the event that a second4measure is used, which measure to use, pursuant to subparagraph two of5paragraph a of subdivision four of this section] and 6 b. how to implement the provisions of paragraph b of subdivision four 7 of this section, and associated regulations as established by the 8 [commissioner] board of regents, in accordance with article fourteen of 9 the civil service law. 10 [11. Notwithstanding any inconsistent provision of law, no school11district shall be eligible for an apportionment of general support for12public schools from the funds appropriated for the 2015--2016 school13year and any year thereafter in excess of the amount apportioned to such14school district in the respective base year unless such school district15has submitted documentation that has been approved by the commissioner16by November fifteenth, two thousand fifteen, or by September first of17each subsequent year, demonstrating that it has fully implemented the18standards and procedures for conducting annual teacher and principal19evaluations of teachers and principals in accordance with the require-20ments of this section and the regulations issued by the commissioner.21Provided further that any apportionment withheld pursuant to this22section shall not occur prior to April first of the current year and23shall not have any effect on the base year calculation for use in the24subsequent school year. For purposes of this section, "base year" shall25mean the base year as defined in paragraph b of subdivision one of26section thirty-six hundred two of this chapter, and "current year" shall27mean the current year as defined in paragraph a of subdivision one of28section thirty-six hundred two of this chapter.] 29 12. Notwithstanding any other provision of law, rule or regulation to 30 the contrary, all collective bargaining agreements entered into after 31 April first, two thousand fifteen shall be consistent with the require- 32 ments of this section, unless the agreement relates to the two thousand 33 fourteen--two thousand fifteen school year only. Nothing in this section 34 shall be construed to abrogate any conflicting provisions of any collec- 35 tive bargaining agreement in effect on April first, two thousand fifteen 36 during the term of such agreement and until the entry into a successor 37 collective bargaining agreement, provided that notwithstanding any other 38 provision of law to the contrary, upon expiration of such term and the 39 entry into a successor collective bargaining agreement the provisions of 40 this section shall apply. 41 13. Any reference in law to "annual professional performance review" 42 shall be deemed to refer to an annual professional performance review 43 pursuant to section three thousand twelve-c of this article or annual 44 teacher and principal evaluations pursuant to this section and any 45 references to section three thousand twelve-c of this article shall be 46 deemed to refer to section three thousand twelve-c of this article 47 and/or this section, as applicable. 48 14. The commissioner shall adopt regulations to align the principal 49 evaluation system as set forth in section three thousand twelve-c of 50 this article with the new teacher evaluation system set forth herein. 51 15. The provisions of paragraphs d, k, k-1, k-2 and l of subdivision 52 two and subdivisions four, five, five-a, nine, and ten of section three 53 thousand twelve-c of this article, as amended, shall apply to this 54 section to the extent determined by the commissioner. 55 § 2. This act shall take effect on the first of August next succeeding 56 the date on which it shall have become a law.
