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

                                 8247--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 15, 2015
                               ___________

Introduced  by M. of A. TEDISCO, DiPIETRO, DUPREY, FRIEND, HAWLEY, McDO-
  NOUGH, McLAUGHLIN, PALMESANO, RA, TENNEY, WALTER,  WOZNIAK  --  Multi-
  Sponsored by -- M. of A. BUTLER, CERETTO, KEARNS, LUPINACCI, THIELE --
  read once and referred to the Committee on Education -- recommitted to
  the  Committee on Education in accordance with Assembly Rule 3, sec. 2
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN ACT to amend the education law, in relation to the weight assigned to
  state-created  or  administered  testing  results  for calculating the
  student performance category of teacher assessments

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

  Section  1.  Paragraph  a  of  subdivision  4 of section 3012-d of the
education law, as added by section 2 of subpart E of part EE of  chapter
56  of  the  laws  of  2015,  subparagraph  1 as amended by section 3 of
subpart C of part B of chapter 20 of the laws of  2015,  is  amended  to
read as follows:
  a.  Student  performance  category. Such category shall have [at least
one subcomponent and an optional second subcomponent] TWO  SUBCOMPONENTS
as follows:
  (1) For the first subcomponent, (A) for a teacher whose course ends in
a state-created or administered test for which there is a state-provided
growth  model,  such  teacher  shall  have a state-provided growth score
based on such model, which shall take into consideration certain student
characteristics, as determined by the commissioner,  including  but  not
limited to students with disabilities, poverty, English language learner
status  and  prior  academic  history and which shall identify educators
whose students' growth is well above or well below average  compared  to
similar  students  for  a  teacher's  or  principal's students after the
certain student characteristics above are taken into  account;  and  (B)
for  a  teacher whose course does not end in a state-created or adminis-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11361-03-6
              

A. 8247--A                          2

tered test such teacher shall have a student  learning  objective  (SLO)
consistent  with  a  goal-setting process determined or developed by the
commissioner, that results in a student growth score; provided that, for
any teacher whose course ends in a state-created or administered assess-
ment  for which there is no state-provided growth model, such assessment
must be used as the underlying assessment for such SLO;
  (2) For the [optional] second subcomponent,  a  district  may  locally
select  a  second  measure  in  accordance  with this subparagraph. Such
second measure shall apply in a consistent manner, to the extent practi-
cable, across the district and be [either: (A) a  second  state-provided
growth score on a state-created or administered test under clause (A) of
subparagraph  one  of  this paragraph, or (B)] a growth score based on a
state-designed supplemental assessment, calculated using a state-provid-
ed or approved growth model. The [optional]  second  subcomponent  shall
provide  options  for  multiple  assessment measures that are aligned to
existing classroom and school best practices and take into consideration
the recommendations in the  testing  reduction  report  as  required  by
section  one  of  subpart F of [the] PART EE OF chapter FIFTY-SIX of the
laws of two thousand fifteen [which added this  section]  regarding  the
reduction of unnecessary additional testing.
  The  commissioner  shall  determine the weights and scoring ranges for
the subcomponent or subcomponents of the  student  performance  category
that  shall  result  in a combined category rating.  NOTWITHSTANDING THE
PROVISIONS OF SECTION THREE THOUSAND TWELVE-C OF  THIS  ARTICLE  OR  ANY
OTHER  PROVISION  OF LAW TO THE CONTRARY, IN NO CASE SHALL THE SUBCOMPO-
NENT CALCULATED PURSUANT  TO  SUBPARAGRAPH  ONE  OF  THIS  PARAGRAPH  BE
ASSIGNED  A  WEIGHT  IN  EXCESS  OF  FIVE PERCENT OF A TEACHER'S OVERALL
ASSESSMENT UNDER THIS SECTION. The commissioner shall also  set  parame-
ters  for appropriate targets for student growth for both subcomponents,
and the department must affirmatively approve and shall have the author-
ity to disapprove or require modifications of district plans that do not
set appropriate growth targets, including after  initial  approval.  The
commissioner  shall  set such weights and parameters consistent with the
terms contained herein.
  S 2. This act shall take effect immediately.