Bill Text: NY S06307 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to reforming the core curriculum assessments and the use thereof for student placements and teacher and principal evaluations.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2014-01-10 - REFERRED TO EDUCATION [S06307 Detail]
Download: New_York-2013-S06307-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6307
I N S E N A T E
January 10, 2014
___________
Introduced by Sen. BALL -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to the English/language
arts and mathematics assessments, access to common core curriculum
examinations, annual professional performance reviews of classroom
teachers and building principals, and use of common core standards
examinations in student placements; to establish a task force on
professional performance review of teachers and principals; to repeal
certain provisions of such law relating to the state assessment compo-
nent of annual professional performance reviews of classroom teachers
and building principals; and providing for the repeal of certain
provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The education law is amended by adding two new sections
2 208-b and 208-c to read as follows:
3 S 208-B. ENGLISH/LANGUAGE ARTS AND MATHEMATICS ASSESSMENTS. 1. THE
4 DEPARTMENT SHALL DEVELOP AND PROVIDE FOR THE ADMINISTRATION OF
5 ENGLISH/LANGUAGE ARTS AND MATHEMATIC ASSESSMENTS THAT ARE TO BE
6 COMPLETED IN THE FOLLOWING PERIODS OF TIME FOR EACH OF THE FOLLOWING
7 GRADES:
8 (A) THIRD GRADE ONE HUNDRED
9 SIXTY MINUTES;
10 (B) FOURTH GRADE THREE HUNDRED
11 MINUTES;
12 (C) FIFTH GRADE ONE HUNDRED
13 SEVENTY MINUTES;
14 (D) SIXTH GRADE TWO HUNDRED
15 SIXTY-FIVE MINUTES;
16 (E) SEVENTH GRADE TWO HUNDRED
17 MINUTES; AND
18 (F) EIGHTH GRADE THREE HUNDRED
19 TWENTY MINUTES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S LBD13454-01-4
S. 6307 2
1 2. THE RESULTS OF EACH PUPIL'S ENGLISH/LANGUAGE ARTS AND MATHEMATICS
2 ASSESSMENT SHALL BE MAINTAINED BY THE DEPARTMENT AS CONFIDENTIAL INFOR-
3 MATION AND SHALL NOT BE DISCLOSED.
4 3. THE DEPARTMENT SHALL, IN THE ESTABLISHMENT OF PROFICIENCY LEVELS
5 FOR THE ENGLISH/LANGUAGE ARTS AND MATHEMATICS ASSESSMENTS, UTILIZE THE
6 VALUES IDENTIFIED AS COLLEGE READY INDICATORS BY THE COLLEGE BOARD IN
7 TWO THOUSAND ELEVEN, SO THAT (A) THE PROFICIENCY SCORE FOR THE
8 ENGLISH/LANGUAGE ARTS ASSESSMENT SHALL NOT EXCEED A SCORE OF FIVE
9 HUNDRED IN THE READING PORTION OF THE SCHOLASTIC APTITUDE TEST; AND (B)
10 THE PROFICIENCY SCORE FOR THE MATHEMATICS ASSESSMENT SHALL NOT EXCEED A
11 SCORE OF FIVE HUNDRED IN THE MATHEMATICS PORTION OF THE SCHOLASTIC APTI-
12 TUDE TEST.
13 S 208-C. RESULTS OF COMMON CORE CURRICULUM EXAMINATIONS. 1. THE
14 DEPARTMENT SHALL PROVIDE TO THE TEACHER, WHO HAS ADMINISTERED AN EXAM-
15 INATION, ESTABLISHED BY THE DEPARTMENT, TO ASSESS ACHIEVEMENT OF THE
16 COMMON CORE CURRICULUM STANDARDS, A REPORT OF THE RESULTS OF SUCH EXAM-
17 INATION ADMINISTERED TO THE PUPILS BASED UPON SUCH PUPILS' GRADE LEVEL,
18 A COPY OF EACH GRADED EXAMINATION AND THE RESULTS ON SUCH EXAMINATION OF
19 PUPILS STATEWIDE IN SUCH GRADE.
20 2. THE DEPARTMENT SHALL PROVIDE TO THE PERSON IN PARENTAL RELATION TO
21 EACH PUPIL WHO WAS ADMINISTERED AN EXAMINATION TO ASSESS ACHIEVEMENT OF
22 THE COMMON CORE CURRICULUM STANDARDS, A REPORT OF SUCH PUPILS RESULTS ON
23 SUCH EXAMINATION AND A COPY OF EACH GRADED EXAMINATION.
24 3. THE DEPARTMENT SHALL PUBLISH AND MAKE AVAILABLE TO THE PUBLIC A
25 COPY OF EACH EXAMINATION TO ASSESS ACHIEVEMENT OF THE COMMON CORE
26 CURRICULUM STANDARDS WITHIN SIXTY DAYS OF THE ADMINISTRATION OF SUCH
27 EXAM.
28 S 2. Subparagraph 1 of paragraph a of subdivision 2 of section 3012-c
29 of the education law, as amended by chapter 21 of the laws of 2012, is
30 amended to read as follows:
31 (1) The annual professional performance reviews conducted pursuant to
32 this section for classroom teachers and building principals shall
33 differentiate teacher and principal effectiveness using the following
34 quality rating categories: highly effective, effective, developing and
35 ineffective[, with explicit minimum and maximum scoring ranges for each
36 category, for the state assessments and other comparable measures
37 subcomponent of the evaluation and for the locally selected measures of
38 student achievement subcomponent of the evaluation, as prescribed in the
39 regulations of the commissioner]. There shall be: (i) [a state assess-
40 ments and other comparable measures subcomponent which shall comprise
41 twenty or twenty-five percent of the evaluation; (ii)] a locally
42 selected measures of student achievement subcomponent which shall
43 comprise [twenty or fifteen] FORTY percent of the evaluation; and
44 [(iii)] (II) an other measures of teacher or principal effectiveness
45 subcomponent which shall comprise the remaining sixty percent of the
46 evaluation, which in sum shall constitute the composite teacher or prin-
47 cipal effectiveness score. Such annual professional performance reviews
48 shall result in a single composite teacher or principal effectiveness
49 score, which incorporates multiple measures of effectiveness related to
50 the criteria included in the regulations of the commissioner; PROVIDED,
51 HOWEVER, THAT NO SUCH CRITERIA SHALL INCLUDE THE SCORES RECEIVED BY
52 STUDENTS ON STATE ASSESSMENT AND REGENTS EXAMINATIONS.
53 S 3. Clauses (C) and (D) of subparagraph 2 of paragraph a of subdivi-
54 sion 2 of section 3012-c of the education law, as amended by chapter 21
55 of the laws of 2012, are amended to read as follows:
S. 6307 3
1 (C) Developing if they achieve a composite effectiveness score of
2 [65-74] 56-74.
3 (D) Ineffective if they achieve a composite effectiveness score of
4 [0-64] 0-55.
5 S 4. Subparagraph 8 of paragraph a of subdivision 2 of section 3012-c
6 of the education law, as amended by chapter 21 of the laws of 2012, is
7 amended to read as follows:
8 (8) [Except for the student growth measures on the state assessments
9 or other comparable measures of student growth prescribed in paragraphs
10 e, f and g of this subdivision, the] THE elements comprising the compos-
11 ite effectiveness score and the process by which points are assigned to
12 subcomponents shall be locally developed, consistent with the standards
13 prescribed in the regulations of the commissioner and the requirements
14 of this section, through negotiations conducted, pursuant to the
15 requirements of article fourteen of the civil service law. PROVIDED,
16 HOWEVER, THAT THE STANDARDS PRESCRIBED BY THE COMMISSIONER SHALL NOT
17 INCLUDE THE AWARDING OR DEDUCTION OF POINTS BASED UPON THE SCORES OF
18 STUDENTS ON STATE ASSESSMENT AND REGENTS EXAMINATIONS.
19 S 5. Paragraph c of subdivision 2 of section 3012-c of the education
20 law, as amended by chapter 21 of the laws of 2012, is amended to read as
21 follows:
22 c. (1) Annual professional performance reviews conducted by school
23 districts or boards of cooperative educational services for the two
24 thousand twelve--two thousand thirteen school year and thereafter of all
25 classroom teachers and all building principals shall be conducted pursu-
26 ant to this subdivision [and shall use two thousand eleven--two thousand
27 twelve school year student data as the baseline for the initial computa-
28 tion of the composite teacher or principal effectiveness score for such
29 classroom teachers and principals]. For purposes of this section, an
30 administrator in charge of an instructional program of a board of coop-
31 erative educational services shall be deemed to be a building principal.
32 (2) [Subject to paragraph k of this subdivision the entire annual
33 professional performance review shall be completed and provided to the
34 teacher or principal as soon as practicable but in no case later than
35 September first of the school year next following the school year for
36 which the classroom teacher or building principal's performance is being
37 measured.] The teacher's and principal's score and rating on the locally
38 selected measures subcomponent, if available, and on the other measures
39 of teacher and principal effectiveness subcomponent for a teacher's or
40 principal's annual professional performance review shall be computed and
41 provided to the teacher or principal, in writing, by no later than the
42 last day of the school year for which the teacher or principal is being
43 measured. Nothing in this subdivision shall be construed to authorize a
44 teacher or principal to trigger the appeal process prior to receipt of
45 his or her composite effectiveness score and rating.
46 (3) Each such annual professional performance review shall be based on
47 [the state assessments or other comparable measures subcomponent,] the
48 locally selected measures of student achievement subcomponent and the
49 other measures of teacher and principal effectiveness subcomponent,
50 determined in accordance with the applicable provisions of this section
51 [and the regulations of the commissioner], for the school year for which
52 the teacher's or principal's performance is measured.
53 S 6. Subparagraphs 1, 2 and 3 of paragraph f of subdivision 2 of
54 section 3012-c of the education law, as amended by chapter 21 of the
55 laws of 2012, are amended to read as follows:
S. 6307 4
1 (1) For annual professional performance reviews conducted in accord-
2 ance with paragraph c of this subdivision for the two thousand twelve--
3 two thousand thirteen school year and thereafter for classroom teachers
4 in subjects and grades for which the board of regents has not approved a
5 value-added model and for building principals employed in schools or
6 programs for which there is no approved principal value-added model,
7 forty percent of the composite score of effectiveness [shall be based on
8 student achievement measures as follows: (i) twenty percent of the eval-
9 uation shall be based upon student growth data on state assessments as
10 prescribed by the commissioner or a comparable measure of student growth
11 if such growth data is not available; and (ii) twenty percent] shall be
12 based on [other] locally selected measures of student achievement that
13 are determined to be rigorous and comparable across classrooms in
14 accordance with [the] regulations [of the commissioner and as are]
15 developed locally in a manner consistent with procedures negotiated
16 pursuant to the requirements of article fourteen of the civil service
17 law.
18 (2) One or more of the following types of locally selected measures of
19 student achievement or growth may be used for the evaluation of class-
20 room teachers:
21 (i) student achievement or growth on [state assessments, regents exam-
22 inations and/or department approved alternative] examinations [as
23 described in the regulations of the commissioner including, but not
24 limited to], advanced placement examinations, international baccalau-
25 reate examinations, and SAT II, [using a measure that is different from
26 the growth score prescribed by the department for student growth on such
27 assessments or examinations for purposes of the state assessment or
28 other comparable measures subcomponent] that is [either] BASED UPON:
29 (A) the change in percentage of a teacher's students who achieve a
30 specific level of performance as determined locally, on such
31 [assessments/]examinations compared to those students' level of perform-
32 ance on such [assessments/]examinations in the previous school year
33 [such as a three percentage point increase in students earning the
34 proficient level (three) or better performance level on the seventh
35 grade math state assessment compared to those same students' performance
36 levels on the sixth grade math state assessment, or an increase in the
37 percentage of a teacher's students earning the advanced performance
38 level (four) on the fourth grade English language arts or math state
39 assessments compared to those students' performance levels on the third
40 grade English language arts or math state assessments]; or
41 (B) a teacher specific growth score [computed by the department] based
42 on the percent of the teacher's students earning a [department] LOCALLY
43 determined level of growth[. The methodology to translate such growth
44 into the state-established subcomponent scoring ranges shall be deter-
45 mined locally]; or
46 (C) a teacher-specific achievement or growth score computed in a
47 manner determined locally based on a measure of student performance on
48 [the state assessments, regents examinations and/or department approved
49 alternative] examinations other than the measure described in item (A)
50 or (B) of this [subparagraph] CLAUSE;
51 (ii) student growth or achievement computed in a manner determined
52 locally based on a LOCAL student assessment [approved by the department
53 pursuant to a request for qualification process established in the regu-
54 lations of the commissioner];
S. 6307 5
1 (iii) student growth or achievement computed in a manner determined
2 locally based on a district, regional or BOCES-developed assessment that
3 is rigorous and comparable across classrooms;
4 (iv) a school-wide measure of either student growth or achievement
5 based on [either:
6 (A) a state-provided student growth score covering all students in the
7 school that took the state assessment in English language arts or math-
8 ematics in grades four through eight;
9 (B)] a school-wide measure of student growth or achievement computed
10 in a manner determined locally based on a district, regional or board of
11 cooperative educational services developed assessment that is rigorous
12 and comparable across classrooms [or a department approved student
13 assessment or based on a state assessment]; or
14 (v) where applicable, for teachers in any grade or subject where there
15 is no growth or value-added growth model approved by the board of
16 regents at that grade level or in that subject, a structured district-
17 wide student growth goal-setting process to be used with any [state
18 assessment or an approved student assessment or a] district, regional or
19 BOCES-developed assessment that is rigorous and comparable across class-
20 rooms.
21 (3) One or more of the following types of locally selected measures of
22 student achievement or growth may be used for the evaluation of princi-
23 pals, provided that each measure is rigorous and comparable across
24 classrooms [and that any such measure shall be different from that used
25 for the state assessment or other comparable measures subcomponent]:
26 (i) [student achievement levels on state assessments in English
27 language arts and/or mathematics in grades four to eight such as
28 percentage of students in the school whose performance levels on state
29 assessments are proficient or advanced, as defined in the regulations of
30 the commissioner;
31 (ii) student growth or achievement on state or other assessments in
32 English language arts and/or mathematics in grades four to eight for
33 students in each of the performance levels described in the regulations
34 of the commissioner;
35 (iii) student growth or achievement on state assessments in English
36 language arts and/or mathematics in grades four to eight for students
37 with disabilities and English language learners in grades four to eight;
38 (iv)] student performance on any or all of the district-wide locally
39 selected measures approved for use in teacher evaluations;
40 [(v)] (II) for principals employed in a school with high school
41 grades, four, five and/or six-year high school graduation and/or dropout
42 rates;
43 [(vi)] (III) percentage of students who earn a regents diploma with
44 advanced designation and/or honors [as defined in the regulations of the
45 commissioner], for principals employed in a school with high school
46 grades;
47 [(vii)] (IV) percentage of a cohort of students that achieve specified
48 scores on [regents examinations and/or department approved alternative
49 examinations including, but not limited to,] advanced placement examina-
50 tions, international baccalaureate examinations and SAT II, for princi-
51 pals employed in a school with high school grades such as the percentage
52 of students in the two thousand nine cohort that scored at least a three
53 on an advanced placement examination since entry into the ninth grade;
54 and/or
55 [(viii)] (V) students' progress toward graduation in the school using
56 strong predictive indicators, including but not limited to ninth and/or
S. 6307 6
1 tenth grade credit accumulation and/or the percentage of students that
2 pass ninth and/or tenth grade subjects most commonly associated with
3 graduation [and/or students' progress in passing the number of required
4 regents examinations for graduation], for principals employed in a
5 school with high school grades.
6 [(ix)] (VI) For school districts or boards of cooperative educational
7 services that choose to use more than one set of locally selected meas-
8 ures described in this paragraph for principals in the same or similar
9 grade configuration or program such as one set of locally selected meas-
10 ures is used to evaluate principals in some K-5 schools and another set
11 of locally selected measures is used to evaluate principals in the other
12 K-5 schools in the district, the superintendent or district superinten-
13 dent shall, in their professional performance review plan, certify that
14 the sets of measures are comparable[, in accordance with the testing
15 standards as defined in regulations of the commissioner].
16 [(x)] (VII) For building principals employed in schools or programs
17 for which there is no approved principal value-added model, the types of
18 locally selected measures of student achievement or growth specified in
19 subparagraph three of paragraph g of this subdivision may be used. In
20 addition, a structured district-wide student growth goal-setting process
21 to be used with any state assessment or an approved student assessment
22 or a district, regional of BOCES-developed assessment that is rigorous
23 and comparable across classrooms may be a locally selected measure.
24 S 7. Subparagraphs 1, 2 and 3 of paragraph g of subdivision 2 of
25 section 3012-c of the education law, as amended by chapter 21 of the
26 laws of 2012, are amended to read as follows:
27 (1) For annual professional performance reviews conducted in accord-
28 ance with paragraph c of this subdivision for the two thousand twelve--
29 two thousand thirteen school year and thereafter for classroom teachers
30 in subjects and grades in which there is a value-added growth model
31 approved by the board of regents and for building principals employed in
32 schools or programs for which there is an approved principal value-added
33 model, forty percent of the composite score of effectiveness [shall be
34 based on student achievement measures as follows: (i) twenty-five
35 percent of the evaluation shall be based upon student growth data on
36 state assessments as prescribed by the commissioner or a comparable
37 measure of student growth if such growth data is not available; and (ii)
38 fifteen percent] shall be based on [other] locally selected measures of
39 student achievement that are determined to be rigorous and comparable
40 across classrooms in accordance with [the] regulations [of the commis-
41 sioner and as are locally] developed in a manner consistent with proce-
42 dures negotiated pursuant to the requirements of article fourteen of the
43 civil service law. The department shall develop the value-added growth
44 model and shall consult with the advisory committee established pursuant
45 to subdivision seven of this section prior to recommending that the
46 board of regents approve its use in evaluations.
47 (2) One or more of the following types of locally selected measures of
48 student achievement or growth may be used for the evaluation of class-
49 room teachers:
50 (i) student achievement or growth on [state assessments, regents exam-
51 inations and/or department approved alternative] examinations [as
52 described in the regulations of the commissioner including, but not
53 limited to], advanced placement examinations, international baccalau-
54 reate examinations and SAT II, [using a measure that is different from
55 the growth score prescribed by the department for student growth on such
S. 6307 7
1 assessments or examinations for purposes of the state assessment or
2 other comparable measures subcomponent] that is [either] BASED UPON:
3 (A) the change in percentage of a teacher's students who achieve a
4 specific level of performance as determined locally, on such
5 [assessments/]examinations compared to those students' level of perform-
6 ance on such [assessments/]examinations in the previous school year
7 [such as a three percentage point increase in students earning the
8 proficient level (three) or better performance level on the seventh
9 grade math state assessment compared to those same students' performance
10 levels on the sixth grade math state assessment, or an increase in the
11 percentage of a teacher's students earning the advanced performance
12 level (four) on the fourth grade English language arts or math state
13 assessments compared to those students' performance levels on the third
14 grade English language arts or math state assessments]; or
15 (B) a teacher specific growth score computed by the state based on the
16 percent of the teacher's students earning a state determined level of
17 growth[. The methodology to translate such growth into the state-establ-
18 ished subcomponent scoring ranges shall be determined locally]; or
19 (C) a teacher-specific achievement or growth score computed in a
20 manner determined locally based on a measure of student performance on
21 [the state assessments, regents examinations and/or department approved
22 alternative] examinations other than the measure described in item (A)
23 or (B) of this [subparagraph] CLAUSE;
24 (ii) student growth or achievement computed in a manner determined
25 locally based on a LOCAL student assessment [approved by the department
26 pursuant to a request for qualification process established in the regu-
27 lations of the commissioner];
28 (iii) student growth or achievement computed in a manner determined
29 locally based on a district, regional or BOCES-developed assessment that
30 is rigorous and comparable across classrooms;
31 (iv) a school-wide measure of either student growth or achievement
32 based on [either:
33 (A) a state-provided student growth score covering all students in the
34 school that took the state assessment in English language arts or math-
35 ematics in grades four through eight; or
36 (B)] a school-wide measure of student growth or achievement computed
37 in a manner determined locally based on a district, regional or board of
38 cooperative educational services developed assessment that is rigorous
39 and comparable across classrooms [or a department approved student
40 assessment or based on a state assessment].
41 (3) One or more of the following types of locally selected measures of
42 student achievement or growth may be used for the evaluation of princi-
43 pals, provided that each measure is rigorous and comparable across
44 classrooms [and that any such measure shall be different from that used
45 for the state assessment or other comparable measures subcomponent]:
46 (i) [student achievement levels on state assessments in English
47 language arts and/or mathematics in grades four to eight such as
48 percentage of students in the school whose performance levels on state
49 assessments are proficient or advanced, as defined in the regulations of
50 the commissioner;
51 (ii) student growth or achievement on state or other assessments in
52 English language arts and/or mathematics in grades four to eight for
53 students in each of the performance levels described in the regulations
54 of the commissioner;
S. 6307 8
1 (iii) student growth or achievement on state assessments in English
2 language arts and/or mathematics in grades four to eight for students
3 with disabilities and English language learners in grades four to eight;
4 (iv)] student performance on any or all of the district-wide locally
5 selected measures approved for use in teacher evaluations;
6 [(v)] (II) for principals employed in a school with high school
7 grades, four, five and/or six-year high school graduation and/or dropout
8 rates;
9 [(vi)] (III) percentage of students who earn a regents diploma with
10 advanced designation and/or honors [as defined in the regulations of the
11 commissioner], for principals employed in a school with high school
12 grades;
13 [(vii)] (IV) percentage of a cohort of students that achieve specified
14 scores on [regents examinations and/or department approved alternative
15 examinations including, but not limited to,] advanced placement examina-
16 tions, international baccalaureate examinations and SAT II, for princi-
17 pals employed in a school with high school grades such as the percentage
18 of students in the two thousand nine cohort that scored at least a three
19 on an advanced placement examination since entry into the ninth grade;
20 and/or
21 [(viii)] (V) students' progress toward graduation in the school using
22 strong predictive indicators, including but not limited to ninth and/or
23 tenth grade credit accumulation and/or the percentage of students that
24 pass ninth and/or tenth grade subjects most commonly associated with
25 graduation [and/or students' progress in passing the number of required
26 regents examinations for graduation], for principals employed in a
27 school with high school grades.
28 [(ix)] (VI) For school districts or boards of cooperative educational
29 services that choose to use more than one set of locally selected meas-
30 ures described in this paragraph for principals in the same or similar
31 grade configuration or program, the superintendent or district super-
32 intendent shall, in their professional performance review plan, certify
33 that the sets of measures are comparable, in accordance with the testing
34 standards as defined in regulations of the commissioner.
35 S 8. Clause (i) of subparagraph 1 of paragraph j of subdivision 2 of
36 section 3012-c of the education law is REPEALED.
37 S 9. Subparagraph 2 of paragraph j of subdivision 2 of section 3012-c
38 of the education law, as added by chapter 21 of the laws of 2012, is
39 amended to read as follows:
40 (2) Such process must ensure that it is possible for a teacher or
41 principal to obtain each point in the applicable scoring ranges, includ-
42 ing zero, for [the state assessment or other comparable measures subcom-
43 ponent,] the locally selected measures of student achievement subcompo-
44 nent and the overall rating categories. The process must also ensure
45 that it is possible for a teacher or principal to obtain each point in
46 the scoring ranges prescribed by the district or board of cooperative
47 educational services for the other measures of teacher and principal
48 effectiveness subcomponent.
49 S 10. Subdivision 10 of section 3012-c of the education law, as added
50 by chapter 68 of the laws of 2012, is amended to read as follows:
51 10. Each school district and board of cooperative educational services
52 shall fully disclose and release to the public and the department the
53 final quality ratings [and composite effectiveness scores] from the
54 annual professional performance reviews of its teachers and principals
55 as provided in this subdivision.
S. 6307 9
1 a. The commissioner shall fully disclose professional performance
2 review data for teachers and principals in each school district and
3 board of cooperative educational services on the department website and
4 in any other manner to make such data widely available to the public.
5 Such data shall be suitable for research, analysis and comparison of
6 professional performance review data for teachers and principals. Such
7 public disclosure shall include but not be limited to the final quality
8 ratings [and composite effectiveness scores] by school district for
9 principal evaluation data, by school building for teacher evaluation
10 data and, within each district and school building, by class, subject
11 and grade; final quality ratings [and composite effectiveness scores] by
12 region, district wealth, district need category, student enrollment,
13 type of school (i.e. elementary, middle and high school), student need
14 (e.g., poverty level), and district spending; final quality ratings [and
15 composite effectiveness scores] by the percentage or number of teachers
16 and principals in each final quality rating category, moving to a higher
17 rating category than the previous year, moving to a lower rating catego-
18 ry than the previous year, and retained in each rating category; and
19 data on tenure granting and denial based on the final quality rating
20 categories.
21 b. Each school district and board of cooperative educational services
22 shall fully disclose and release to the parents and legal guardians of a
23 student the final quality rating [and composite effectiveness score] for
24 each of the teachers and for the principal of the school building to
25 which the student is assigned for the current school year upon the
26 request of such parents and legal guardians. The governing body of each
27 school district and board of cooperative educational services shall
28 provide conspicuous notice to parents and legal guardians of the right
29 to obtain such information. Parents and legal guardians may review and
30 receive such data in any manner, including by phone or in person[; shall
31 receive an oral or written explanation of the composite effectiveness
32 scoring ranges for final quality ratings; and be offered opportunities
33 to understand such scores in the context of teacher evaluation and
34 student performance]. Reasonable efforts shall be made to verify that
35 any such request is a bona fide request by a parent or guardian entitled
36 to review and receive such data pursuant to this paragraph.
37 c. The department and each school district and board of cooperative
38 educational services shall ensure that any release to the public of
39 annual professional performance review data, [or any other data that is
40 used as a component of annual professional performance reviews,] does
41 not include personally identifying information for any teacher or prin-
42 cipal, provided, however, that nothing shall impair the right of parents
43 and legal guardians to review and receive the final quality rating [and
44 composite effectiveness score] of individual teachers and principals as
45 provided in paragraph b of this subdivision. Annual professional
46 performance reviews of individual teachers and principals shall not be
47 subject to disclosure pursuant to article six of the public officers
48 law.
49 d. Nothing in this subdivision shall prohibit the department from
50 collecting such data and materials from school districts and boards of
51 cooperative educational services as is necessary to carry out its func-
52 tions and duties, including its responsibilities related to the federal
53 Race to the Top program.
54 S 11. The education law is amended by adding a new section 3211-b to
55 read as follows:
S. 6307 10
1 S 3311-B. USE OF COMMON CORE STANDARDS EXAMINATIONS IN STUDENT PLACE-
2 MENTS. NO SCHOOL, SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL
3 SERVICES SHALL USE OR CONSIDER ANY STUDENT'S SCORE OR SCORES ON ANY
4 COMMON CORE STANDARDS EXAMINATION OR ASSESSMENT TO DETERMINE THE PLACE-
5 MENT OR PROMOTION OF SUCH STUDENT INCLUDING, BUT NOT LIMITED TO, FOR
6 PURPOSES OF ADMISSION TO OR CONTINUANCE IN ANY GIFTED OR ENRICHMENT
7 PROGRAM, PLACEMENT IN ANY ACCELERATED PROGRAM, HONORS COURSE OR OTHER
8 SELECTED COURSE OF STUDY, GRADE RETENTION, ADMISSION TO ANY PUBLIC
9 SCHOOL WITH SELECTIVE ADMISSIONS, AND SPECIAL EDUCATION PROGRAM PLACE-
10 MENT. PROVIDED, HOWEVER, THAT SUCH PROHIBITION SHALL NOT APPLY TO THE
11 PROVISION OF ACADEMIC INTERVENTION SERVICES, WHEN THE SCHOOL, SCHOOL
12 DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES UTILIZES AT LEAST
13 ONE ADDITIONAL INDICATOR TO DETERMINE THAT A STUDENT IS IN NEED OF SUCH
14 SERVICES.
15 S 12. (a) A task force on the professional performance review of
16 teachers and principals is hereby established to examine, evaluate and
17 make recommendations concerning the effectiveness, implementation and
18 utilization of annual professional performance reviews of classroom
19 teachers and building principals pursuant to section 3012-c of the
20 education law.
21 (b) The task force shall consist of 25 members to be appointed as
22 follows: 5 shall be appointed by the governor; 5 shall be appointed by
23 the temporary president of the senate; 5 shall be appointed by the
24 speaker of the assembly; 5 shall be appointed by the minority leader of
25 the senate; and 5 shall be appointed by the minority leader of the
26 assembly. Every member shall be a teacher, principal or superintendent
27 of a school district in the state, who is recommended to the appointing
28 officer by an education professional organization. The appointees shall
29 be broadly representative of teachers, principals and superintendents in
30 the various school districts throughout the state. The task force shall
31 by majority vote of its members designate a chair and vice chair.
32 Vacancies in the membership of the task force shall be filled in the
33 manner provided for original appointments.
34 (c) The task force shall hold public hearings and shall have all the
35 powers of a legislative committee pursuant to the legislative law.
36 (d) The members of the task force shall receive no compensation for
37 their services, but shall be allowed their actual and necessary expenses
38 incurred in the performance of their duties pursuant to this section.
39 (e) To the maximum extent feasible, the task force shall be entitled
40 to request and receive, and shall utilize such facilities, resources and
41 data of any department, division, board, bureau, commission or agency of
42 the state or any political subdivision thereof as it may reasonably
43 request to carry out its duties pursuant to this section.
44 (f) The task force shall submit a report to the governor and the
45 legislature, on or before April 1, 2017, of its findings, conclusions
46 and recommendations, and shall also submit with its report such legisla-
47 tive proposals as it deems necessary to implement its recommendations.
48 S 13. This act shall take effect July 1, 2014, provided that sections
49 two through twelve of this act shall expire and be deemed repealed July
50 1, 2017.
