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

                                  9829

                          I N  A S S E M B L Y

                             April 12, 2016
                               ___________

Introduced by M. of A. PAULIN, GALEF, ABINANTI, BUCHWALD, JAFFEE, BRABE-
  NEC, SALADINO -- read once and referred to the Committee on Education

AN  ACT  to  amend  the education law, in relation to annual teacher and
  principal evaluations

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

  Section  1.  Subdivision 11 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, is amended to read as follows:
  11.  Notwithstanding  any  inconsistent  provision  of  law, no school
district shall be eligible for an apportionment of general  support  for
public  schools  from  the  funds appropriated for the 2015--2016 school
year and any year thereafter in excess of the amount apportioned to such
school district in the respective base year unless such school  district
EITHER  (I)  HAS  ADOPTED A PLAN FOR THE ANNUAL PROFESSIONAL PERFORMANCE
REVIEW OF ITS CLASSROOM TEACHERS AND BUILDING PRINCIPALS  IN  ACCORDANCE
WITH THE REQUIREMENTS OF SECTION THREE THOUSAND TWELVE-C OF THIS CHAPTER
AND  THE REGULATIONS OF THE COMMISSIONER WHICH PLAN HAS BEEN APPROVED BY
THE COMMISSIONER, OR (II) has  submitted  documentation  that  has  been
approved  by  the  commissioner  by  November  fifteenth,  two  thousand
fifteen, or by September first of each  subsequent  year,  demonstrating
that  it has fully implemented the standards and procedures for conduct-
ing annual teacher and principal evaluations of teachers and  principals
in  accordance with the requirements of this section and the regulations
issued by the commissioner.  Provided  further  that  any  apportionment
withheld  pursuant  to this section shall not occur prior to April first
of the current year and shall not have  any  effect  on  the  base  year
calculation  for use in the subsequent school year. For purposes of this
section, "base year" shall mean the base year as defined in paragraph  b
of  subdivision  one  of section thirty-six hundred two of this chapter,
and "current year" shall mean the current year as defined in paragraph a
of subdivision one of section thirty-six hundred two of this chapter.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14886-02-6