Bill Text: NY S07463 | 2015-2016 | General Assembly | Amended

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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) 2016-07-13 - PRINT NUMBER 7463A [S07463 Detail]

Download: New_York-2015-S07463-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         7463--A
                    IN SENATE
                                       May 3, 2016
                                       ___________
        Introduced  by  Sens.  GRIFFO,  AVELLA, BOYLE, FUNKE, KAMINSKY, LATIMER,
          SEWARD -- read twice and ordered  printed,  and  when  printed  to  be
          committed  to the Committee on Education -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
        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];
    21    b.  "Principal" shall mean a building principal or an administrator in
    22  charge of an instructional program of a board of cooperative educational
    23  services[;
    24    c. "Student growth" shall mean the change in student  achievement  for
    25  an individual student between two or more points in time.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14668-06-6
        S. 7463--A                          2

     1    d.  "State-designed supplemental assessment" shall mean a selection of
     2  state tests or assessments developed or designed by the state  education
     3  department, or that the state education department purchased or acquired
     4  from  (i)  another  state;  (ii)  an institution of higher education; or
     5  (iii)  a  commercial or not-for-profit entity, provided that such entity
     6  must be objective and may not have a conflict of interest or  appearance
     7  of  a conflict of interest; such definition may include tests or assess-
     8  ments that have been previously designed or acquired by local districts,
     9  but only if the state education department significantly modifies growth
    10  targets or scoring bands for such  tests  or  assessments  or  otherwise
    11  adapts  the  test  or  assessment  to  the  state education department's
    12  requirements].
    13    3. Ratings. The annual evaluations conducted pursuant to this  section
    14  shall rate teacher and principal effectiveness using the following cate-
    15  gories: highly effective or "H", effective or "E", developing or "D" and
    16  ineffective or "I".
    17    4. Categories. The annual evaluation system shall consist of [multiple
    18  measures in two categories: student performance] teacher evaluations and
    19  teacher observations.
    20    a.  [Student  performance  category. Such category shall have at least
    21  one subcomponent and an optional second subcomponent as follows:
    22    (1) For the first subcomponent, (A) for a teacher whose course ends in
    23  a state-created or administered test for which there is a state-provided
    24  growth model, such teacher shall  have  a  state-provided  growth  score
    25  based on such model, which shall take into consideration certain student
    26  characteristics,  as  determined  by the commissioner, including but not
    27  limited to students with disabilities, poverty, English language learner
    28  status and prior academic history and  which  shall  identify  educators
    29  whose  students'  growth is well above or well below average compared to
    30  similar students for a  teacher's  or  principal's  students  after  the
    31  certain  student  characteristics  above are taken into account; and (B)
    32  for a teacher whose course does not end in a state-created  or  adminis-
    33  tered  test  such  teacher shall have a student learning objective (SLO)
    34  consistent with a goal-setting process determined or  developed  by  the
    35  commissioner, that results in a student growth score; provided that, for
    36  any teacher whose course ends in a state-created or administered assess-
    37  ment  for which there is no state-provided growth model, such assessment
    38  must be used as the underlying assessment for such SLO;
    39    (2) For the optional  second  subcomponent,  a  district  may  locally
    40  select  a  second  measure  in  accordance  with this subparagraph. Such
    41  second measure shall apply in a consistent manner, to the extent practi-
    42  cable, across the district and be either: (A)  a  second  state-provided
    43  growth score on a state-created or administered test under clause (A) of
    44  subparagraph  one  of  this  paragraph, or (B) a growth score based on a
    45  state-designed supplemental assessment, calculated using a state-provid-
    46  ed or approved growth model.  The  optional  second  subcomponent  shall
    47  provide  options  for  multiple  assessment measures that are aligned to
    48  existing classroom and school best practices and take into consideration
    49  the recommendations in the  testing  reduction  report  as  required  by
    50  section  one  of  subpart  F  of the chapter of the laws of two thousand
    51  fifteen which added this section regarding the reduction of  unnecessary
    52  additional testing.
    53    The  commissioner  shall  determine the weights and scoring ranges for
    54  the subcomponent or subcomponents of the  student  performance  category
    55  that  shall result in a combined category rating. The commissioner shall
    56  also set parameters for appropriate targets for student growth for  both
        S. 7463--A                          3

     1  subcomponents,  and  the department must affirmatively approve and shall
     2  have the authority to disapprove or require  modifications  of  district
     3  plans  that  do  not  set  appropriate  growth  targets, including after
     4  initial approval. The commissioner shall set such weights and parameters
     5  consistent  with the terms contained herein.] Teacher evaluation catego-
     6  ry. The evaluation category for teachers shall be based on  and  created
     7  from  the  findings  of  a committee established by the board of regents
     8  consisting of certified  educators  who  are  residents  of  this  state
     9  created  by  the  board  of regents pursuant to subdivision five of this
    10  section.
    11    b. Teacher observations category. The observations category for teach-
    12  ers shall be based on a state-approved rubric and shall include  [up  to
    13  three  subcomponents.  Such  category  must include: (1)] a subcomponent
    14  based on classroom  observations  conducted  by  a  principal  or  other
    15  trained administrator [and must also include (2) a subcomponent based on
    16  classroom  observations by an impartial independent trained evaluator or
    17  evaluators selected by the district. An  independent  trained  evaluator
    18  may  be  employed  within  the  school district, but not the same school
    19  building, as the teacher being evaluated. Such category may also include
    20  a subcomponent based on classroom observations conducted  by  a  trained
    21  peer teacher rated effective or highly effective from the same school or
    22  from another school in the district].
    23    The  [commissioner]  board  of  regents  shall  determine the weights,
    24  and/or weighting options and scoring ranges for the subcomponents of the
    25  observations category that result in a  combined  category  rating.  The
    26  [commissioner]  board of regents shall also determine the minimum number
    27  of observations to be conducted annually, including frequency and  dura-
    28  tion,  and  any parameters therefor. The [commissioner] board of regents
    29  shall set such weights and scores consistent with  the  terms  contained
    30  herein.
    31    5.    The  board  of regents shall establish a committee consisting of
    32  certified educators who  are  residents  of  this  state  to  develop  a
    33  research  based evaluation model to measure a teacher's performance. The
    34  committee shall present its findings to the board of  regents  no  later
    35  than one year after the committee's creation.
    36    6.  Rating  determination.  The  overall rating determination shall be
    37  determined according to a methodology as follows:
    38    a. The following rules shall apply: a teacher or principal who is  (1)
    39  [rated  using  two subcomponents in the student performance category and
    40  receives a rating of ineffective in such category shall be  rated  inef-
    41  fective  overall;  provided,  however,  that  if the measure used in the
    42  second subcomponent is a state-provided growth score on a  state-created
    43  or administered test pursuant to clause (A) of subparagraph one of para-
    44  graph  a of subdivision four of this section, a teacher or principal who
    45  receives a rating of ineffective in such category shall not be  eligible
    46  to  receive a rating of effective or highly effective overall; (2) rated
    47  using only the state measure subcomponent  in  the  student  performance
    48  category and receives a rating of ineffective in such category shall not
    49  be  eligible  to receive a rating of effective or highly effective over-
    50  all; and (3)] rated ineffective in  the  teacher  observations  category
    51  shall  not be eligible to receive a rating of effective or highly effec-
    52  tive overall and (2) rated ineffective in the teacher evaluation catego-
    53  ry shall not be eligible to receive a  rating  of  effective  or  highly
    54  effective overall.
    55    b.  Except as otherwise provided in paragraph a of this subdivision, a
    56  teacher's composite score shall be determined as follows:
        S. 7463--A                          4
     1    (1) If a teacher receives an H in the  teacher  observation  category,
     2  and  an  H in the [student performance] teacher evaluation category, the
     3  teacher's composite score shall be H;
     4    (2)  If  a  teacher receives an H in the teacher observation category,
     5  and an E in the [student performance] teacher evaluation  category,  the
     6  teacher's composite score shall be H;
     7    (3)  If  a  teacher receives an H in the teacher observation category,
     8  and a D in the [student performance] teacher  evaluation  category,  the
     9  teacher's composite score shall be E;
    10    (4)  If  a  teacher receives an H in the teacher observation category,
    11  and an I in the [student performance] teacher evaluation  category,  the
    12  teacher's composite score shall be D;
    13    (5)  If  a  teacher receives an E in the teacher observation category,
    14  and an H in the [student performance] teacher evaluation  category,  the
    15  teacher's composite score shall be H;
    16    (6)  If  a  teacher receives an E in the teacher observation category,
    17  and an E in the [student performance] teacher evaluation  category,  the
    18  teacher's composite score shall be E;
    19    (7)  If  a  teacher receives an E in the teacher observation category,
    20  and a D in the [student performance] teacher  evaluation  category,  the
    21  teacher's composite score shall be E;
    22    (8)  If  a  teacher receives an E in the teacher observation category,
    23  and an I in the [student performance] teacher evaluation  category,  the
    24  teacher's composite score shall be D;
    25    (9) If a teacher receives a D in the teacher observation category, and
    26  an  H  in  the  [student  performance]  teacher evaluation category, the
    27  teacher's composite score shall be E;
    28    (10) If a teacher receives a D in the  teacher  observation  category,
    29  and  an  E in the [student performance] teacher evaluation category, the
    30  teacher's composite score shall be E;
    31    (11) If a teacher receives a D in the  teacher  observation  category,
    32  and  a  D  in the [student performance] teacher evaluation category, the
    33  teacher's composite score shall be D;
    34    (12) If a teacher receives a D in the  teacher  observation  category,
    35  and  an  I in the [student performance] teacher evaluation category, the
    36  teacher's composite score shall be I;
    37    (13) If a teacher receives an I in the teacher  observation  category,
    38  and  an  H in the [student performance] teacher evaluation category, the
    39  teacher's composite score shall be D;
    40    (14) If a teacher receives an I in the teacher  observation  category,
    41  and  an  E in the [student performance] teacher evaluation category, the
    42  teacher's composite score shall be D;
    43    (15) If a teacher receives an I in the teacher  observation  category,
    44  and  a  D  in the [student performance] teacher evaluation category, the
    45  teacher's composite score shall be I;
    46    (16) If a teacher receives an I in the teacher  observation  category,
    47  and  an  I in the [student performance] teacher evaluation category, the
    48  teacher's composite score shall be I.
    49    [6.] 7. Prohibited elements. The following elements shall no longer be
    50  eligible to be used in any  evaluation  subcomponent  pursuant  to  this
    51  section:
    52    a.  [evidence  of  student  development  and  performance derived from
    53  lesson plans, other artifacts of teacher practice, and  student  portfo-
    54  lios,  except for student portfolios measured by a state-approved rubric
    55  where permitted by the department;
    56    b.] use of an instrument for parent or student feedback;
        S. 7463--A                          5
     1    [c.] b. use of professional goal-setting as  evidence  of  teacher  or
     2  principal effectiveness;
     3    [d.]  c.  any district or regionally-developed assessment that has not
     4  been approved by the department; [and]
     5    [e.] d. any growth or achievement target that does not meet the  mini-
     6  mum standards as set forth in regulations of the [commissioner] board of
     7  regents adopted hereunder; and
     8    e. any state-created or administered test.
     9    [7.]  8.  The  [commissioner]  board  of regents shall ensure that the
    10  process by which weights and scoring ranges are  assigned  to  subcompo-
    11  nents  and  categories is transparent and available to those being rated
    12  before the beginning of each school year. Such process must ensure  that
    13  it is possible for a teacher or principal to obtain any number of points
    14  in  the applicable scoring ranges, including zero, in each subcomponent.
    15  The superintendent, district superintendent or chancellor and the repre-
    16  sentative of the collective bargaining unit  (where  one  exists)  shall
    17  certify in the district's plan that the evaluation process shall use the
    18  standards for the scoring ranges provided by the [commissioner] board of
    19  regents.    Provided,  however,  that  in any event, the following rules
    20  shall apply: a teacher or principal who is:
    21    a. [rated using two subcomponents in the student performance  category
    22  and  receives  a  rating  of ineffective in such category shall be rated
    23  ineffective overall, except that if  the  measure  used  in  the  second
    24  subcomponent is a second state-provided growth score on a state-adminis-
    25  tered  or  sponsored  test pursuant to clause (A) of subparagraph one of
    26  paragraph a of subdivision four of this section, a teacher or  principal
    27  that  receives  a  rating  of  ineffective in such category shall not be
    28  eligible to receive a rating of effective or highly effective overall;
    29    b. rated using only the state  measure  subcomponent  in  the  student
    30  performance  category and receives a rating of ineffective in such cate-
    31  gory shall not be eligible to receive a rating of  effective  or  highly
    32  effective overall; and
    33    c.] rated ineffective in the observations category shall not be eligi-
    34  ble to receive a rating of effective or highly effective overall; and
    35    b.  rated ineffective in the evaluation category shall not be eligible
    36  to receive a rating of effective or highly effective overall.
    37    [8.] 9. A student may not be instructed, for  two  consecutive  school
    38  years, by any two teachers in the same district, each of whom received a
    39  rating  of  ineffective  under  an evaluation conducted pursuant to this
    40  section in the school year immediately prior to the school year in which
    41  the student is placed in the teacher's classroom; provided,  that  if  a
    42  district  deems  it  impracticable  to comply with this subdivision, the
    43  district shall seek a waiver from the department from such requirement.
    44    [9.] 10. Nothing in this section shall  be  construed  to  affect  the
    45  unfettered  statutory  right  of  a district to terminate a probationary
    46  (non-tenured) teacher or principal for  any  statutorily  and  constitu-
    47  tionally permissible reasons.
    48    [10.] 11. The local collective bargaining representative shall negoti-
    49  ate with the district:
    50    a.  whether  to use a second measure, [and, in the event that a second
    51  measure is used, which measure to use, pursuant to subparagraph  two  of
    52  paragraph a of subdivision four of this section] and
    53    b.  how to implement the provisions of paragraph b of subdivision four
    54  of this section,  and  associated  regulations  as  established  by  the
    55  [commissioner]  board of regents, in accordance with article fourteen of
    56  the civil service law.
        S. 7463--A                          6
     1    [11.  Notwithstanding any inconsistent provision  of  law,  no  school
     2  district  shall  be eligible for an apportionment of general support for
     3  public schools from the funds appropriated  for  the  2015--2016  school
     4  year and any year thereafter in excess of the amount apportioned to such
     5  school  district in the respective base year unless such school district
     6  has submitted documentation that has been approved by  the  commissioner
     7  by  November  fifteenth,  two thousand fifteen, or by September first of
     8  each subsequent year, demonstrating that it has  fully  implemented  the
     9  standards  and  procedures  for  conducting annual teacher and principal
    10  evaluations of teachers and principals in accordance with  the  require-
    11  ments  of  this  section and the regulations issued by the commissioner.
    12  Provided further  that  any  apportionment  withheld  pursuant  to  this
    13  section  shall  not  occur  prior to April first of the current year and
    14  shall not have any effect on the base year calculation for  use  in  the
    15  subsequent  school year. For purposes of this section, "base year" shall
    16  mean the base year as defined in  paragraph  b  of  subdivision  one  of
    17  section thirty-six hundred two of this chapter, and "current year" shall
    18  mean  the  current  year as defined in paragraph a of subdivision one of
    19  section thirty-six hundred two of this chapter.]
    20    12.  Notwithstanding any other provision of law, rule or regulation to
    21  the contrary, all collective bargaining agreements  entered  into  after
    22  April  first, two thousand fifteen shall be consistent with the require-
    23  ments of this section, unless the agreement relates to the two  thousand
    24  fourteen--two thousand fifteen school year only. Nothing in this section
    25  shall be construed to abrogate any conflicting provisions of any collec-
    26  tive bargaining agreement in effect on April first, two thousand fifteen
    27  during  the  term of such agreement and until the entry into a successor
    28  collective bargaining agreement, provided that notwithstanding any other
    29  provision of law to the contrary, upon expiration of such term  and  the
    30  entry into a successor collective bargaining agreement the provisions of
    31  this section shall apply.
    32    13.   Any reference in law to "annual professional performance review"
    33  shall be deemed to refer to an annual  professional  performance  review
    34  pursuant  to  section  three thousand twelve-c of this article or annual
    35  teacher and principal evaluations  pursuant  to  this  section  and  any
    36  references  to  section three thousand twelve-c of this article shall be
    37  deemed to refer to section  three  thousand  twelve-c  of  this  article
    38  and/or this section, as applicable.
    39    14.    The commissioner shall adopt regulations to align the principal
    40  evaluation system as set forth in section  three  thousand  twelve-c  of
    41  this article with the new teacher evaluation system set forth herein.
    42    15.   The provisions of paragraphs d, k, k-1, k-2 and l of subdivision
    43  two and subdivisions four, five, five-a, nine, and ten of section  three
    44  thousand  twelve-c  of  this  article,  as  amended, shall apply to this
    45  section to the extent determined by the commissioner.
    46    § 2. This act shall take effect on the first of August next succeeding
    47  the date on which it shall have become a law.