NY State Senate Bill 2013-S7921

Senate Bill S7921

Vetoed By Governor

2013-2014 Legislative Session

Relates to temporary provisions for the implementation of common core learning standards

download bill text pdf

Archive: Last Bill Status Via A10168 - Vetoed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Vetoed By Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 29, 2014	tabled vetoed memo.579
Dec 17, 2014	delivered to governor
Jun 19, 2014	returned to assembly passed senate message of necessity - 3 day message 3rd reading cal.1658 substituted for s7921
Jun 19, 2014	substituted by a10168 ordered to third reading cal.1658 referred to rules

Votes

- Jun 19, 2014 - Floor Vote
  A10168
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 19, 2014
      
      aye (60)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (1)
      
      Diaz
  Jun 19, 2014 - Rules Committee Vote
  S7921
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 19, 2014
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Hannon
      
      excused (1)
      
      Espaillat

2013-S7921 (ACTIVE) - Details

See Assembly Version of this Bill:: A10168
Law Section:: Education

2013-S7921 (ACTIVE) - Summary

Relates to temporary provisions for the implementation of common core learning standards; provides alternative calculation methods for any classroom teacher or building principal rated as ineffective or developing in an annual professional performance review calculated pursuant to section 3012-c of the education law for the 2013-14 and/or 2014-15 school years.

2013-S7921 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7921

TITLE OF BILL:  An act relating to temporary provisions for the
implementation of common core learning standards

Purpose of Bill:

This bill would enact temporary provisions related to a teacher's or
principal's annual professional performance review rating pursuant to
Education Law § 3012-c when such individual is being scored based upon
an assessment aligned with the Common Core Learning Standards adopted
by the Board of Regents.

Summary of Provisions:

Section 1 has three subdivisions. Subdivision one would provide that
the bill would only apply to classroom teachers or building principals
rated as ineffective or developing in the 2013-14 and/or 2014-15
school years in an annual professional performance review (APPR)
pursuant to N.Y. Education Law § 3012-c, and only if some portion of
such rating was based on a state assessment aligned with the common
core in English language arts and math in grades 3-8.

Subdivision 2 would provide a temporary calculation methodology that
would apply to classroom teachers and building principals as defined
in subdivision 1. For teachers and building principals who are rated

"developing" or "ineffective" as defined in subdivision 1, this
calculation determines whether their rating is due to the inclusion of
APPR subcomponents scores based on state assessments aligned with the
common core in English language arts and math in grades 3-8; if so,
the calculation utilizes a teacher's or principal's score on local
assessments and other factor, instead.

Subdivision 3 sets forth the purposes for which the temporary
calculation pursuant to subdivision 2 may be used to determine whether
certain employment related consequences apply for teachers and
principals subject to the provisions of this section.

Section 2 of the bill provides the effective date.

Statement in Support:

In 2010, New York State adopted the Common Core Learning Standards
("Common Core"). The goal of the Common Core is to set high,
real-world standards for learning that prepare students to be college-
and career-ready. In New York, the adoption of these standards led to
a series of changes to the student assessment requirements, which
first began with some student assessments in the 2012-13 school year.

As part of the 2014-15 Enacted Budget, the Legislature and Governor
enacted a series of reforms to improve the implementation of the
Common Core in New York State. Among the reforms, the legislation
ensured that the results of English and math Common Core testing for
grades 3-8 are not used against students and will not appear on their
permanent records during a transition period. Similarly, this
legislation would address consequences for teachers and principals


whose evaluation ratings are ineffective or developing in 2013-14
and/or 2014-15 due to the Common Core State tests.

This bill would protect New York's standing as a national leader in
teacher evaluation. It maintains the State's evaluation system, which
bases 20% of a teacher or principal's evaluation on State tests and an
additional 20% of the evaluation on locally-determined student
achievement measures. The bill does not include a moratorium or a
delay.

For two years - 2013-14 and 2014-15 - high-stakes consequences for
teachers and principals who are rated developing or ineffective will
be determined based on their evaluation factors excluding Common Core
State tests. A teacher or principal who is still ineffective or
developing based on the non-State factors will face all of the
consequences under current law, including the expedited hearing
process for termination for teachers who are rated ineffective two
years in a row.

Budget Implications:

This legislation is not anticipated to have a fiscal impact to the
State in the current fiscal year.

Effective Date:

This legislation would take effect immediately and first apply to
certain employment-related decisions on July 1, 2014.

2013-S7921 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7921

                            I N  S E N A T E

                              June 19, 2014
                               ___________

Introduced  by  Sen.  FLANAGAN  --  (at request of the Governor) -- read
  twice and ordered printed, and when printed to  be  committed  to  the
  Committee on Rules

AN ACT relating to temporary provisions for the implementation of common
  core learning standards

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Temporary provisions  relating  to  the  implementation  of
common  core  learning standards.  1. Applicability. Notwithstanding any
other provision of law, rule or regulation to the contrary, in the  case
of  any  classroom teacher or building principal who received an overall
composite rating of ineffective or developing in an annual  professional
performance  review  calculated pursuant to section 3012-c of the educa-
tion law for the 2013-14 and/or  2014-15  school  years,  if  the  state
assessments  and other comparable measures subcomponent score and/or the
locally selected measures of student achievement  subcomponent  of  such
rating was based on a state assessment aligned with the common core, the
calculation  pursuant  to  subdivision two of this section shall be used
for the purposes of subdivision three of this section. For  purposes  of
this section, a state assessment aligned with the common core shall mean
a  state  administered  standardized  English  language arts and/or math
assessment in grades 3 through 8 that is  aligned  to  the  common  core
learning  standards adopted by the board of regents.  Provided, however,
that nothing contained in this act shall impair or  abridge  any  rights
and  privileges of any party pursuant to section 3012-c of the education
law, except as specifically provided herein.
  2. Calculations. a. The calculation pursuant to this subdivision shall
be based upon the classroom teacher's or building principal's scores  on
the  applicable  approved  or determined annual professional performance
review plan for the school district or board of cooperative  educational
services.
  b.  Except  as provided in paragraphs c and d of this subdivision, the
calculation shall consist of:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12116-05-4

S. 7921                             2

  (1) scaling up the  numerator  and  the  denominator  of  the  locally
selected  measures  of  student  achievement  subcomponent such that the
denominator is equal to 40 points; and
  (2)  adding  the result to the classroom teacher's or building princi-
pal's score on the other measures of teacher or principal  effectiveness
subcomponent  to  generate  an  overall composite calculation out of 100
points.
  c. If the locally selected measures of student  achievement  subcompo-
nent  relies  in whole or in part on a state assessment aligned with the
common core, the following provisions shall apply:
  (1) If the state assessment aligned with the common core  is  used  in
such  subcomponent among multiple measures including measures other than
state assessments aligned with the common core,  the  calculation  shall
consist of:
  (i)  excluding  the  portion of such subcomponent score that relies on
state assessments aligned with the common core from both  the  numerator
and  denominator  of  the ratio of the teacher's or principal's score on
the locally selected measures of student achievement subcomponent;
  (ii) scaling up the resulting ratio such that the denominator is equal
to 40 points; and
  (iii) adding the result to the classroom teacher's or building princi-
pal's score on the other measures of teacher or principal  effectiveness
subcomponent  to  generate  an  overall composite calculation out of 100
points.
  (2) If state assessments aligned with the common core  constitute  the
sole  measure  of  the  locally selected measures of student achievement
subcomponent, the calculation shall consist of scaling up the  numerator
and  denominator  of  the ratio of the teacher's or principal's score on
the other measures of teacher or  principal  effectiveness  subcomponent
out of 60 points such that the denominator is equal to 100 points and an
overall composite calculation is generated.
  d.  Notwithstanding  the foregoing, in the case of a classroom teacher
or building principal (i) whose locally  selected  measures  of  student
achievement subcomponent is based in whole or in part on a state assess-
ment  aligned with the common core, and (ii) whose state assessments and
other comparable measures subcomponent is not based, in any part,  on  a
state  assessment  aligned  with  the common core, the calculation shall
consist of:
  (1) If the state assessment aligned with the common core  is  used  in
the  locally selected measures of student achievement subcomponent among
multiple  measures  including  measures  other  than  state  assessments
aligned with the common core, the calculation shall consist of:
  (i)  Excluding  the  portion of such subcomponent score that relies on
state assessments aligned with the common core from both  the  numerator
and  denominator  of  the ratio of the teacher's or principal's score on
the locally selected measures of student achievement subcomponent;
  (ii) Scaling up the resulting ratio such that the denominator is equal
to 20 points, or 15 points if a value-added model is in effect; and
  (iii) Adding the result to the classroom teacher's or building princi-
pal's score on the  state  assessments  and  other  comparable  measures
subcomponent  and  the other measures of teacher or principal effective-
ness subcomponent to generate an overall composite  calculation  out  of
100 points.
  (2)  If  state assessments aligned with the common core constitute the
sole measure of the locally selected  measures  of  student  achievement
subcomponent, the calculation shall consist of:

S. 7921                             3

  (i)  Scaling up the numerator and the denominator of the state assess-
ments and other comparable measures subcomponent such that the denomina-
tor is equal to 40 points; and
  (ii)  Adding the result to the classroom teacher's or building princi-
pal's score on the other measures of teacher or principal  effectiveness
subcomponent  to  generate  an  overall composite calculation out of 100
points.
  3. Use. Notwithstanding any other provision of law, rule or regulation
to the contrary, if a calculation made pursuant to subdivision 2 of this
section would, compared to the rating pursuant to section 3012-c of  the
education  law and the rules of the board of regents, have resulted in a
higher rating for a teacher or principal rated  developing  or  ineffec-
tive:
  a.  The  rating  of  ineffective  or developing calculated pursuant to
section 3012-c of the education law  and  the  rules  of  the  board  of
regents shall not apply for the following employment related decisions:
  (1)  a  termination pursuant to sections 2509, 2573, 3012, 3014, 3020,
3020-a, or 3031 of the education law;
  (2) a granting or denial of tenure pursuant  to  section  2509,  2573,
3012, 3014 or 3031 of the education law;
  (3)  expedited  hearings  pursuant  to section 3020-a of the education
law; and
  (4) decisions related to retention.
  The rating of ineffective or developing calculated pursuant to section
3012-c of the education law and the rules of the board of regents  shall
not  apply  and  the designation calculated pursuant to subdivision 2 of
this section shall be used for the requirement for teacher or  principal
improvement plans pursuant to section 3012-c of the education law.
  Provided,  however, that nothing in this section shall be construed to
prevent the use for the purposes listed above of the observations, local
assessments or other measures of the performance of the teacher or prin-
cipal, other than their rating or a state assessment  aligned  with  the
common core, whether or not they were included in an annual professional
performance review.
  b.  On  individual  employment records, except as provided under para-
graph a of this subdivision, and for purposes of disclosure  to  parents
pursuant  to  paragraph  b  of  subdivision  10 of section 3012-c of the
education law, the rating pursuant to section 3012-c  of  the  education
law  shall  be  reported with (i) the designation calculated pursuant to
subdivision 2 of this section and (ii) an explanation of such additional
designation.
  S 2. This act shall take effect immediately, provided  that  it  shall
first apply to employment decisions detailed in this act based on annual
professional  performance  review ratings received by classroom teachers
and building principals for the 2013-14 and 2014-15 school years.

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