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

                                 5921--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              June 11, 2015
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules  --  recommitted  to
  the Committee on Education in accordance with Senate Rule 6, sec. 8 --
  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-
tered  test  such  teacher shall have a student learning objective (SLO)
consistent with a goal-setting process determined or  developed  by  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11361-02-6
              

S. 5921--A                          2

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.