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 of
20 this section it shall only mean a school district];
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01874-01-7
A. 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[;
4 c. "Student growth" shall mean the change in student achievement for
5 an individual student between two or more points in time.
6 d. "State-designed supplemental assessment" shall mean a selection of
7 state tests or assessments developed or designed by the state education
8 department, or that the state education department purchased or acquired
9 from (i) another state; (ii) an institution of higher education; or
10 (iii) a commercial or not-for-profit entity, provided that such entity
11 must be objective and may not have a conflict of interest or appearance
12 of a conflict of interest; such definition may include tests or assess-
13 ments that have been previously designed or acquired by local districts,
14 but only if the state education department significantly modifies growth
15 targets or scoring bands for such tests or assessments or otherwise
16 adapts the test or assessment to the state education department's
17 requirements].
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 [multiple
23 measures in two categories: student performance] teacher evaluations and
24 teacher observations.
25 a. [Student performance category. Such category shall have at least
26 one subcomponent and an optional second subcomponent as follows:
27 (1) For the first subcomponent, (A) for a teacher whose course ends in
28 a state-created or administered test for which there is a state-provided
29 growth model, such teacher shall have a state-provided growth score
30 based on such model, which shall take into consideration certain student
31 characteristics, as determined by the commissioner, including but not
32 limited to students with disabilities, poverty, English language learner
33 status and prior academic history and which shall identify educators
34 whose students' growth is well above or well below average compared to
35 similar students for a teacher's or principal's students after the
36 certain student characteristics above are taken into account; and (B)
37 for a teacher whose course does not end in a state-created or adminis-
38 tered test such teacher shall have a student learning objective (SLO)
39 consistent with a goal-setting process determined or developed by the
40 commissioner, that results in a student growth score; provided that, for
41 any teacher whose course ends in a state-created or administered assess-
42 ment for which there is no state-provided growth model, such assessment
43 must be used as the underlying assessment for such SLO;
44 (2) For the optional second subcomponent, a district may locally
45 select a second measure in accordance with this subparagraph. Such
46 second measure shall apply in a consistent manner, to the extent practi-
47 cable, across the district and be either: (A) a second state-provided
48 growth score on a state-created or administered test under clause (A) of
49 subparagraph one of this paragraph, or (B) a growth score based on a
50 state-designed supplemental assessment, calculated using a state-provid-
51 ed or approved growth model. The optional second subcomponent shall
52 provide options for multiple assessment measures that are aligned to
53 existing classroom and school best practices and take into consideration
54 the recommendations in the testing reduction report as required by
55 section one of subpart F of the chapter of the laws of two thousand
A. 3420 3
1 fifteen which added this section regarding the reduction of unnecessary
2 additional testing.
3 The commissioner shall determine the weights and scoring ranges for
4 the subcomponent or subcomponents of the student performance category
5 that shall result in a combined category rating. The commissioner shall
6 also set parameters for appropriate targets for student growth for both
7 subcomponents, and the department must affirmatively approve and shall
8 have the authority to disapprove or require modifications of district
9 plans that do not set appropriate growth targets, including after
10 initial approval. The commissioner shall set such weights and parameters
11 consistent 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 to
19 three 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 on
22 classroom observations by an impartial independent trained evaluator or
23 evaluators selected by the district. An independent trained evaluator
24 may be employed within the school district, but not the same school
25 building, as the teacher being evaluated. Such category may also include
26 a subcomponent based on classroom observations conducted by a trained
27 peer teacher rated effective or highly effective from the same school or
28 from 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 and
46 receives a rating of ineffective in such category shall be rated inef-
47 fective overall; provided, however, that if the measure used in the
48 second subcomponent is a state-provided growth score on a state-created
49 or administered test pursuant to clause (A) of subparagraph one of para-
50 graph a of subdivision four of this section, a teacher or principal who
51 receives a rating of ineffective in such category shall not be eligible
52 to receive a rating of effective or highly effective overall; (2) rated
53 using only the state measure subcomponent in the student performance
54 category and receives a rating of ineffective in such category shall not
55 be eligible to receive a rating of effective or highly effective over-
56 all; and (3)] rated ineffective in the teacher observations category
A. 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 from
5 lesson plans, other artifacts of teacher practice, and student portfo-
6 lios, except for student portfolios measured by a state-approved rubric
7 where permitted by the department;
8 b.] 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 category
30 and receives a rating of ineffective in such category shall be rated
31 ineffective overall, except that if the measure used in the second
32 subcomponent is a second state-provided growth score on a state-adminis-
33 tered or sponsored test pursuant to clause (A) of subparagraph one of
34 paragraph a of subdivision four of this section, a teacher or principal
35 that receives a rating of ineffective in such category shall not be
36 eligible to receive a rating of effective or highly effective overall;
37 b. rated using only the state measure subcomponent in the student
38 performance category and receives a rating of ineffective in such cate-
39 gory shall not be eligible to receive a rating of effective or highly
40 effective overall; and
41 c.] 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 second
4 measure is used, which measure to use, pursuant to subparagraph two of
5 paragraph 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 school
11 district shall be eligible for an apportionment of general support for
12 public schools from the funds appropriated for the 2015--2016 school
13 year and any year thereafter in excess of the amount apportioned to such
14 school district in the respective base year unless such school district
15 has submitted documentation that has been approved by the commissioner
16 by November fifteenth, two thousand fifteen, or by September first of
17 each subsequent year, demonstrating that it has fully implemented the
18 standards and procedures for conducting annual teacher and principal
19 evaluations of teachers and principals in accordance with the require-
20 ments of this section and the regulations issued by the commissioner.
21 Provided further that any apportionment withheld pursuant to this
22 section shall not occur prior to April first of the current year and
23 shall not have any effect on the base year calculation for use in the
24 subsequent school year. For purposes of this section, "base year" shall
25 mean the base year as defined in paragraph b of subdivision one of
26 section thirty-six hundred two of this chapter, and "current year" shall
27 mean the current year as defined in paragraph a of subdivision one of
28 section 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.