NY State Senate Bill 2015-S7463A

Archive: Last Bill Status - In Senate Committee Education Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 13, 2016	print number 7463a
Jul 13, 2016	amend and recommit to education
May 03, 2016	referred to education

Bill Amendments

Original

A (Active)

co-Sponsors

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2015-S7463 - Details

See Assembly Version of this Bill:: A10057
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3012-d, Ed L
Versions Introduced in 2017-2018 Legislative Session:: S4390, A3420

2015-S7463 - Summary

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.

2015-S7463 - Sponsor Memo

                                 BILL NUMBER:  S7463

 TITLE OF BILL :  An act to amend the education law, in relation to
annual teacher evaluations

 PURPOSE :

Directs the Board of Regents to establish a committee of educators to
develop a research based evaluation model to measure teacher
performance and to minimize the link between student test scores and
the professional performance evaluation of educators. The bill also
shifts the determination of evaluations provisions from the
Commissioner of Education to the Board of Regents.

 SUMMARY OF PROVISIONS :

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 and subparagraph 1 of
paragraph a of subdivision 4 as amended by section 3 of subpart C of
"part B of chapter 20 of the laws of 2015, is amended.

 JUSTIFICATION :

Our state's educational testing procedures have run amok of the
original intent and have evolved into such a complex set of
regulations that even educational experts struggle to keep up with the

convoluted edicts. And, when our experts struggle, we must recognize
the devastating impact this has on laypeople, like parents, students,
and taxpayers who foot the bill for something they no longer
understand.

These regulations have resulted in the strangulation of educators'
classroom creativity, the stifling of imagination and the prevention
of the cultivation of the innovative brand of talent we need in our
future workforce. This cookie-cutter approach to learning and teaching
has always overlooked a critical element of education that our state's
educators have always recognized - there are many paths leading to
success and those paths can be as diverse as our state's student
population.

It is past time that we take the first step toward dismantling this
ill-advised climate of high-stakes testing. This bill will diminish
the link between student test scores and professional teacher
evaluations, thereby allowing our teachers to truly teach once again,
allowing our school administrators to run their schools and evaluate
the people who educate our children in a manner that can be understood
by the people paying the bills.

 LEGISLATIVE HISTORY :

None

 FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
This act shall take effect on the first of August next succeeding the
date on which it shall have become a law.

2015-S7463 - Bill Text download pdf

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

                                  7463

                            I N  S E N A T E

                               May 3, 2016
                               ___________

Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

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:

  Section 1. 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 and subpara-
graph 1 of paragraph a of subdivision 4  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:
  S  3012-d.  Annual  teacher  and  principal  evaluations.  1.  General
provisions.  Notwithstanding  any  other provision of law, rule or regu-
lation to the contrary, the annual  teacher  and  principal  evaluations
(hereinafter,  evaluations)  implemented by districts shall be conducted
in accordance with the provisions of this section.  Such  annual  evalu-
ations  shall be a [significant] factor for employment decisions includ-
ing but not limited  to,  promotion,  retention,  tenure  determination,
termination,  and supplemental compensation. Such evaluations shall also
be a [significant] factor in teacher and principal development including
but not limited  to  coaching,  induction  support,  and  differentiated
professional development.
  2. Definitions.
  a.  "District"  shall mean school district and/or board of cooperative
educational services, except that for purposes of  subdivision  [eleven]
TWELVE of this section it shall only mean a school district;
  b.  "Principal" shall mean a building principal or an administrator in
charge of an instructional program of a board of cooperative educational
services[;
  c. "Student growth" shall mean the change in student  achievement  for
an individual student between two or more points in time.
  d.  "State-designed supplemental assessment" shall mean a selection of
state tests or assessments developed or designed by the state  education
department, or that the state education department purchased or acquired

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

                                                           LBD14668-04-6

S. 7463                             2

from  (i)  another  state;  (ii)  an institution of higher education; or
(iii) a commercial or not-for-profit entity, provided that  such  entity
must  be objective and may not have a conflict of interest or appearance
of  a conflict of interest; such definition may include tests or assess-
ments that have been previously designed or acquired by local districts,
but only if the state education department significantly modifies growth
targets or scoring bands for such  tests  or  assessments  or  otherwise
adapts  the  test  or  assessment  to  the  state education department's
requirements].
  3. Ratings. The annual evaluations conducted pursuant to this  section
shall rate teacher and principal effectiveness using the following cate-
gories: highly effective or "H", effective or "E", developing or "D" and
ineffective or "I".
  4. Categories. The annual evaluation system shall consist of [multiple
measures in two categories: student performance] TEACHER EVALUATIONS and
teacher observations.
  a.  [Student  performance  category. Such category shall have at least
one subcomponent and an optional second subcomponent 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
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 chapter 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. The commissioner shall
also set parameters for appropriate targets for student growth for  both
subcomponents,  and  the department must affirmatively approve and shall
have the authority to disapprove or require  modifications  of  district
plans  that  do  not  set  appropriate  growth  targets, including after

S. 7463                             3

initial approval. The commissioner shall set such weights and parameters
consistent with the terms contained herein.] TEACHER EVALUATION  CATEGO-
RY.  THE  EVALUATION CATEGORY FOR TEACHERS SHALL BE BASED ON AND CREATED
FROM  THE  FINDINGS  OF  A COMMITTEE ESTABLISHED BY THE BOARD OF REGENTS
CONSISTING OF CERTIFIED  EDUCATORS  WHO  ARE  RESIDENTS  OF  THIS  STATE
CREATED  BY  THE  BOARD  OF REGENTS PURSUANT TO SUBDIVISION FIVE OF THIS
SECTION.
  b. Teacher observations category. The observations category for teach-
ers shall be based on a state-approved rubric and shall include  [up  to
three  subcomponents.  Such  category  must include: (1)] a subcomponent
based on classroom  observations  conducted  by  a  principal  or  other
trained administrator [and must also include (2) a subcomponent based on
classroom  observations by an impartial independent trained evaluator or
evaluators selected by the district. An  independent  trained  evaluator
may  be  employed  within  the  school district, but not the same school
building, as the teacher being evaluated. Such category may also include
a subcomponent based on classroom observations conducted  by  a  trained
peer teacher rated effective or highly effective from the same school or
from another school in the district].
  The  [commissioner]  BOARD  OF  REGENTS  shall  determine the weights,
and/or weighting options and scoring ranges for the subcomponents of the
observations category that result in a  combined  category  rating.  The
[commissioner]  BOARD OF REGENTS shall also determine the minimum number
of observations to be conducted annually, including frequency and  dura-
tion,  and  any parameters therefor. The [commissioner] BOARD OF REGENTS
shall set such weights and scores consistent with  the  terms  contained
herein.
  5.    THE  BOARD  OF REGENTS SHALL ESTABLISH A COMMITTEE CONSISTING OF
CERTIFIED EDUCATORS WHO  ARE  RESIDENTS  OF  THIS  STATE  TO  DEVELOP  A
RESEARCH  BASED EVALUATION MODEL TO MEASURE A TEACHER'S PERFORMANCE. THE
COMMITTEE SHALL PRESENT ITS FINDINGS TO THE BOARD OF  REGENTS  NO  LATER
THAN ONE YEAR AFTER THE COMMITTEE'S CREATION.
  6.  Rating  determination.  The  overall rating determination shall be
determined according to a methodology as follows:
  a. The following rules shall apply: a teacher or principal who is  (1)
[rated  using  two subcomponents in the student performance category and
receives a rating of ineffective in such category shall be  rated  inef-
fective  overall;  provided,  however,  that  if the measure used in the
second subcomponent is a state-provided growth score on a  state-created
or administered test pursuant to clause (A) of subparagraph one of para-
graph  a of subdivision four of this section, a teacher or principal who
receives a rating of ineffective in such category shall not be  eligible
to  receive a rating of effective or highly effective overall; (2) rated
using only the state measure subcomponent  in  the  student  performance
category and receives a rating of ineffective in such category shall not
be  eligible  to receive a rating of effective or highly effective over-
all; and (3)] rated ineffective in  the  teacher  observations  category
shall  not be eligible to receive a rating of effective or highly effec-
tive overall AND (2) RATED INEFFECTIVE IN THE TEACHER EVALUATION CATEGO-
RY SHALL NOT BE ELIGIBLE TO RECEIVE A  RATING  OF  EFFECTIVE  OR  HIGHLY
EFFECTIVE OVERALL.
  b.  Except as otherwise provided in paragraph a of this subdivision, a
teacher's composite score shall be determined as follows:
  (1) If a teacher receives an H in the  teacher  observation  category,
and  an  H in the [student performance] TEACHER EVALUATION category, the
teacher's composite score shall be H;

S. 7463                             4

  (2) If a teacher receives an H in the  teacher  observation  category,
and  an  E in the [student performance] TEACHER EVALUATION category, the
teacher's composite score shall be H;
  (3)  If  a  teacher receives an H in the teacher observation category,
and a D in the [student performance] TEACHER  EVALUATION  category,  the
teacher's composite score shall be E;
  (4)  If  a  teacher receives an H in the teacher observation category,
and an I in the [student performance] TEACHER EVALUATION  category,  the
teacher's composite score shall be D;
  (5)  If  a  teacher receives an E in the teacher observation category,
and an H in the [student performance] TEACHER EVALUATION  category,  the
teacher's composite score shall be H;
  (6)  If  a  teacher receives an E in the teacher observation category,
and an E in the [student performance] TEACHER EVALUATION  category,  the
teacher's composite score shall be E;
  (7)  If  a  teacher receives an E in the teacher observation category,
and a D in the [student performance] TEACHER  EVALUATION  category,  the
teacher's composite score shall be E;
  (8)  If  a  teacher receives an E in the teacher observation category,
and an I in the [student performance] TEACHER EVALUATION  category,  the
teacher's composite score shall be D;
  (9) If a teacher receives a D in the teacher observation category, and
an  H  in  the  [student  performance]  TEACHER EVALUATION category, the
teacher's composite score shall be E;
  (10) If a teacher receives a D in the  teacher  observation  category,
and  an  E in the [student performance] TEACHER EVALUATION category, the
teacher's composite score shall be E;
  (11) If a teacher receives a D in the  teacher  observation  category,
and  a  D  in the [student performance] TEACHER EVALUATION category, the
teacher's composite score shall be D;
  (12) If a teacher receives a D in the  teacher  observation  category,
and  an  I in the [student performance] TEACHER EVALUATION category, the
teacher's composite score shall be I;
  (13) If a teacher receives an I in the teacher  observation  category,
and  an  H in the [student performance] TEACHER EVALUATION category, the
teacher's composite score shall be D;
  (14) If a teacher receives an I in the teacher  observation  category,
and  an  E in the [student performance] TEACHER EVALUATION category, the
teacher's composite score shall be D;
  (15) If a teacher receives an I in the teacher  observation  category,
and  a  D  in the [student performance] TEACHER EVALUATION category, the
teacher's composite score shall be I;
  (16) If a teacher receives an I in the teacher  observation  category,
and  an  I in the [student performance] TEACHER EVALUATION category, the
teacher's composite score shall be I.
  [6.] 7. Prohibited elements. The following elements shall no longer be
eligible to be used in any  evaluation  subcomponent  pursuant  to  this
section:
  a.  [evidence  of  student  development  and  performance derived from
lesson plans, other artifacts of teacher practice, and  student  portfo-
lios,  except for student portfolios measured by a state-approved rubric
where permitted by the department;
  b.] use of an instrument for parent or student feedback;
  [c.] B. use of professional goal-setting as  evidence  of  teacher  or
principal effectiveness;

S. 7463                             5

  [d.]  C.  any district or regionally-developed assessment that has not
been approved by the department; [and]
  [e.]  D. any growth or achievement target that does not meet the mini-
mum standards as set forth in regulations of the [commissioner] BOARD OF
REGENTS adopted hereunder; AND
  E. ANY STATE-CREATED OR ADMINISTERED TEST.
  [7.] 8. The [commissioner] BOARD OF  REGENTS  shall  ensure  that  the
process  by  which  weights and scoring ranges are assigned to subcompo-
nents and categories is transparent and available to those  being  rated
before  the beginning of each school year. Such process must ensure that
it is possible for a teacher or principal to obtain any number of points
in the applicable scoring ranges, including zero, in each  subcomponent.
The superintendent, district superintendent or chancellor and the repre-
sentative  of  the  collective  bargaining unit (where one exists) shall
certify in the district's plan that the evaluation process shall use the
standards for the scoring ranges provided by the [commissioner] BOARD OF
REGENTS.   Provided, however, that in any  event,  the  following  rules
shall apply: a teacher or principal who is:
  a.  [rated using two subcomponents in the student performance category
and receives a rating of ineffective in such  category  shall  be  rated
ineffective  overall,  except  that  if  the  measure used in the second
subcomponent is a second state-provided growth score on a state-adminis-
tered or sponsored test pursuant to clause (A) of  subparagraph  one  of
paragraph  a of subdivision four of this section, a teacher or principal
that receives a rating of ineffective in  such  category  shall  not  be
eligible to receive a rating of effective or highly effective overall;
  b.  rated  using  only  the  state measure subcomponent in the student
performance category and receives a rating of ineffective in such  cate-
gory  shall  not  be eligible to receive a rating of effective or highly
effective overall; and
  c.] rated ineffective in the observations category shall not be eligi-
ble to receive a rating of effective or highly effective overall; AND
  B. RATED INEFFECTIVE IN THE EVALUATION CATEGORY SHALL NOT BE  ELIGIBLE
TO RECEIVE A RATING OF EFFECTIVE OR HIGHLY EFFECTIVE OVERALL.
  [8.]  9.  A  student may not be instructed, for two consecutive school
years, by any two teachers in the same district, each of whom received a
rating of ineffective under an evaluation  conducted  pursuant  to  this
section in the school year immediately prior to the school year in which
the  student  is  placed in the teacher's classroom; provided, that if a
district deems it impracticable to comply  with  this  subdivision,  the
district shall seek a waiver from the department from such requirement.
  [9.]  10.  Nothing  in  this  section shall be construed to affect the
unfettered statutory right of a district  to  terminate  a  probationary
(non-tenured)  teacher  or  principal  for any statutorily and constitu-
tionally permissible reasons.
  [10.] 11. The local collective bargaining representative shall negoti-
ate with the district:
  a. whether to use a second measure, [and, in the event that  a  second
measure  is  used, which measure to use, pursuant to subparagraph two of
paragraph a of subdivision four of this section] and
  b. how to implement the provisions of paragraph b of subdivision  four
of  this  section,  and  associated  regulations  as  established by the
[commissioner] BOARD OF REGENTS, in accordance with article fourteen  of
the civil service law.
  [11.] 12. Notwithstanding any inconsistent provision of law, no school
district  shall  be eligible for an apportionment of general support for

S. 7463                             6

public schools from the funds  appropriated  for  the  [2015--2016]  TWO
THOUSAND  FIFTEEN--TWO  THOUSAND SIXTEEN school year and any year there-
after in excess of the amount apportioned to such school district in the
respective  base year unless such school district has submitted documen-
tation 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  conducting 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 appor-
tionment  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.
  [12.] 13. Notwithstanding any other provision of law,  rule  or  regu-
lation  to  the  contrary,  all collective bargaining agreements entered
into after April first, two thousand fifteen shall  be  consistent  with
the  requirements  of  this section, unless the agreement relates to the
two thousand fourteen--two thousand fifteen school year only. Nothing in
this section shall be construed to abrogate any  conflicting  provisions
of  any  collective  bargaining  agreement in effect on April first, two
thousand fifteen during the term of such agreement and until  the  entry
into a successor collective bargaining agreement, provided that notwith-
standing  any other provision of law to the contrary, upon expiration of
such term and the entry into a successor collective bargaining agreement
the provisions of this section shall apply.
  [13.] 14. Any reference in law  to  "annual  professional  performance
review"  shall  be deemed to refer to an annual professional performance
review pursuant to section three thousand twelve-c of  this  article  or
annual  teacher  and  principal evaluations pursuant to this section and
any references to section three thousand twelve-c of this article  shall
be  deemed  to  refer to section three thousand twelve-c of this article
and/or this section, as applicable.
  [14.] 15. The commissioner shall adopt regulations to align the  prin-
cipal  evaluation system as set forth in section three thousand twelve-c
of this article with the new teacher evaluation system set forth herein.
  [15.] 16. The provisions of paragraphs d, k, k-1, k-2 and l of  subdi-
vision two and subdivisions four, five, five-a, nine, and ten of section
three thousand twelve-c of this article, as amended, shall apply to this
section to the extent determined by the commissioner.
  S 2. This act shall take effect on the first of August next succeeding
the date on which it shall have become a law.

co-Sponsors

View additional co-sponsors

2015-S7463A (ACTIVE) - Details

See Assembly Version of this Bill:: A10057
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3012-d, Ed L
Versions Introduced in 2017-2018 Legislative Session:: S4390, A3420

2015-S7463A (ACTIVE) - Summary

2015-S7463A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7463a

 TITLE OF BILL :  An act to amend the education law, in relation to
annual teacher evaluations

 PURPOSE :

Directs the Board of Regents to establish a committee of educators to
develop a research based evaluation model to measure teacher
performance and to minimize the link between student test scores and
the professional performance evaluation of educators. The bill also
shifts the determination of evaluations provisions from the
Commissioner of Education to the Board of Regents.

 SUMMARY OF PROVISIONS :

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 and subparagraph 1 of
paragraph a of subdivision 4 as amended by section 3 of subpart C of
"part B of chapter 20 of the laws of 2015, is amended.

 JUSTIFICATION :

Our state's educational testing procedures have run amok of the
original intent and have evolved into such a complex set of
regulations that even educational experts struggle to keep up with the

convoluted edicts. And, when our experts struggle, we must recognize
the devastating impact this has on laypeople, like parents, students,
and taxpayers who foot the bill for something they no longer
understand.

These regulations have resulted in the strangulation of educators'
classroom creativity, the stifling of imagination and the prevention
of the cultivation of the innovative brand of talent we need in our
future workforce. This cookie-cutter approach to learning and teaching
has always overlooked a critical element of education that our state's
educators have always recognized - there are many paths leading to
success and those paths can be as diverse as our state's student
population.

It is past time that we take the first step toward dismantling this
ill-advised climate of high-stakes testing. This bill will diminish
the link between student test scores and professional teacher
evaluations, thereby allowing our teachers to truly teach once again,
allowing our school administrators to run their schools and evaluate
the people who educate our children in a manner that can be understood
by the people paying the bills.

 LEGISLATIVE HISTORY :

New.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect on the first of August next succeeding the
date on which it shall have become a law.

2015-S7463A (ACTIVE) - Bill Text download pdf

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

                                 7463--A

                            I N  S E N A T E

                               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:

  Section  1. 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  and  subpara-
graph  1  of  paragraph  a  of  subdivision 4 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:
  S  3012-d.  Annual  teacher  and  principal  evaluations.  1.  General
provisions. Notwithstanding any other provision of law,  rule  or  regu-
lation  to  the  contrary,  the annual teacher and principal evaluations
(hereinafter, evaluations) implemented by districts shall  be  conducted
in  accordance  with  the provisions of this section. Such annual evalu-
ations shall be a [significant] factor for employment decisions  includ-
ing  but  not  limited  to,  promotion, retention, tenure determination,
termination, and supplemental compensation. Such evaluations shall  also
be a [significant] factor in teacher and principal development including
but  not  limited  to  coaching,  induction  support, and differentiated
professional development.
  2. Definitions.
  a. "District" shall mean school district and/or board  of  cooperative
educational services[, except that for purposes of subdivision eleven of
this section it shall only mean a school district];
  b.  "Principal" shall mean a building principal or an administrator in
charge of an instructional program of a board of cooperative educational
services[;
  c. "Student growth" shall mean the change in student  achievement  for
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

  d.  "State-designed supplemental assessment" shall mean a selection of
state tests or assessments developed or designed by the state  education
department, or that the state education department purchased or acquired
from  (i)  another  state;  (ii)  an institution of higher education; or
(iii)  a  commercial or not-for-profit entity, provided that such entity
must be objective and may not have a conflict of interest or  appearance
of  a conflict of interest; such definition may include tests or assess-
ments that have been previously designed or acquired by local districts,
but only if the state education department significantly modifies growth
targets or scoring bands for such  tests  or  assessments  or  otherwise
adapts  the  test  or  assessment  to  the  state education department's
requirements].
  3. Ratings. The annual evaluations conducted pursuant to this  section
shall rate teacher and principal effectiveness using the following cate-
gories: highly effective or "H", effective or "E", developing or "D" and
ineffective or "I".
  4. Categories. The annual evaluation system shall consist of [multiple
measures in two categories: student performance] TEACHER EVALUATIONS and
teacher observations.
  a.  [Student  performance  category. Such category shall have at least
one subcomponent and an optional second subcomponent 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
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 chapter 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. The commissioner shall
also set parameters for appropriate targets for student growth for  both

S. 7463--A                          3

subcomponents,  and  the department must affirmatively approve and shall
have the authority 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.] TEACHER EVALUATION CATEGO-
RY. THE EVALUATION CATEGORY FOR TEACHERS SHALL BE BASED ON  AND  CREATED
FROM  THE  FINDINGS  OF  A COMMITTEE ESTABLISHED BY THE BOARD OF REGENTS
CONSISTING OF CERTIFIED  EDUCATORS  WHO  ARE  RESIDENTS  OF  THIS  STATE
CREATED  BY  THE  BOARD  OF REGENTS PURSUANT TO SUBDIVISION FIVE OF THIS
SECTION.
  b. Teacher observations category. The observations category for teach-
ers shall be based on a state-approved rubric and shall include  [up  to
three  subcomponents.  Such  category  must include: (1)] a subcomponent
based on classroom  observations  conducted  by  a  principal  or  other
trained administrator [and must also include (2) a subcomponent based on
classroom  observations by an impartial independent trained evaluator or
evaluators selected by the district. An  independent  trained  evaluator
may  be  employed  within  the  school district, but not the same school
building, as the teacher being evaluated. Such category may also include
a subcomponent based on classroom observations conducted  by  a  trained
peer teacher rated effective or highly effective from the same school or
from another school in the district].
  The  [commissioner]  BOARD  OF  REGENTS  shall  determine the weights,
and/or weighting options and scoring ranges for the subcomponents of the
observations category that result in a  combined  category  rating.  The
[commissioner]  BOARD OF REGENTS shall also determine the minimum number
of observations to be conducted annually, including frequency and  dura-
tion,  and  any parameters therefor. The [commissioner] BOARD OF REGENTS
shall set such weights and scores consistent with  the  terms  contained
herein.
  5.    THE  BOARD  OF REGENTS SHALL ESTABLISH A COMMITTEE CONSISTING OF
CERTIFIED EDUCATORS WHO  ARE  RESIDENTS  OF  THIS  STATE  TO  DEVELOP  A
RESEARCH  BASED EVALUATION MODEL TO MEASURE A TEACHER'S PERFORMANCE. THE
COMMITTEE SHALL PRESENT ITS FINDINGS TO THE BOARD OF  REGENTS  NO  LATER
THAN ONE YEAR AFTER THE COMMITTEE'S CREATION.
  6.  Rating  determination.  The  overall rating determination shall be
determined according to a methodology as follows:
  a. The following rules shall apply: a teacher or principal who is  (1)
[rated  using  two subcomponents in the student performance category and
receives a rating of ineffective in such category shall be  rated  inef-
fective  overall;  provided,  however,  that  if the measure used in the
second subcomponent is a state-provided growth score on a  state-created
or administered test pursuant to clause (A) of subparagraph one of para-
graph  a of subdivision four of this section, a teacher or principal who
receives a rating of ineffective in such category shall not be  eligible
to  receive a rating of effective or highly effective overall; (2) rated
using only the state measure subcomponent  in  the  student  performance
category and receives a rating of ineffective in such category shall not
be  eligible  to receive a rating of effective or highly effective over-
all; and (3)] rated ineffective in  the  teacher  observations  category
shall  not be eligible to receive a rating of effective or highly effec-
tive overall AND (2) RATED INEFFECTIVE IN THE TEACHER EVALUATION CATEGO-
RY SHALL NOT BE ELIGIBLE TO RECEIVE A  RATING  OF  EFFECTIVE  OR  HIGHLY
EFFECTIVE OVERALL.
  b.  Except as otherwise provided in paragraph a of this subdivision, a
teacher's composite score shall be determined as follows:

S. 7463--A                          4

  (1) If a teacher receives an H in the  teacher  observation  category,
and  an  H in the [student performance] TEACHER EVALUATION category, the
teacher's composite score shall be H;
  (2)  If  a  teacher receives an H in the teacher observation category,
and an E in the [student performance] TEACHER EVALUATION  category,  the
teacher's composite score shall be H;
  (3)  If  a  teacher receives an H in the teacher observation category,
and a D in the [student performance] TEACHER  EVALUATION  category,  the
teacher's composite score shall be E;
  (4)  If  a  teacher receives an H in the teacher observation category,
and an I in the [student performance] TEACHER EVALUATION  category,  the
teacher's composite score shall be D;
  (5)  If  a  teacher receives an E in the teacher observation category,
and an H in the [student performance] TEACHER EVALUATION  category,  the
teacher's composite score shall be H;
  (6)  If  a  teacher receives an E in the teacher observation category,
and an E in the [student performance] TEACHER EVALUATION  category,  the
teacher's composite score shall be E;
  (7)  If  a  teacher receives an E in the teacher observation category,
and a D in the [student performance] TEACHER  EVALUATION  category,  the
teacher's composite score shall be E;
  (8)  If  a  teacher receives an E in the teacher observation category,
and an I in the [student performance] TEACHER EVALUATION  category,  the
teacher's composite score shall be D;
  (9) If a teacher receives a D in the teacher observation category, and
an  H  in  the  [student  performance]  TEACHER EVALUATION category, the
teacher's composite score shall be E;
  (10) If a teacher receives a D in the  teacher  observation  category,
and  an  E in the [student performance] TEACHER EVALUATION category, the
teacher's composite score shall be E;
  (11) If a teacher receives a D in the  teacher  observation  category,
and  a  D  in the [student performance] TEACHER EVALUATION category, the
teacher's composite score shall be D;
  (12) If a teacher receives a D in the  teacher  observation  category,
and  an  I in the [student performance] TEACHER EVALUATION category, the
teacher's composite score shall be I;
  (13) If a teacher receives an I in the teacher  observation  category,
and  an  H in the [student performance] TEACHER EVALUATION category, the
teacher's composite score shall be D;
  (14) If a teacher receives an I in the teacher  observation  category,
and  an  E in the [student performance] TEACHER EVALUATION category, the
teacher's composite score shall be D;
  (15) If a teacher receives an I in the teacher  observation  category,
and  a  D  in the [student performance] TEACHER EVALUATION category, the
teacher's composite score shall be I;
  (16) If a teacher receives an I in the teacher  observation  category,
and  an  I in the [student performance] TEACHER EVALUATION category, the
teacher's composite score shall be I.
  [6.] 7. Prohibited elements. The following elements shall no longer be
eligible to be used in any  evaluation  subcomponent  pursuant  to  this
section:
  a.  [evidence  of  student  development  and  performance derived from
lesson plans, other artifacts of teacher practice, and  student  portfo-
lios,  except for student portfolios measured by a state-approved rubric
where permitted by the department;
  b.] use of an instrument for parent or student feedback;

S. 7463--A                          5

  [c.] B. use of professional goal-setting as  evidence  of  teacher  or
principal effectiveness;
  [d.]  C.  any district or regionally-developed assessment that has not
been approved by the department; [and]
  [e.] D. any growth or achievement target that does not meet the  mini-
mum standards as set forth in regulations of the [commissioner] BOARD OF
REGENTS adopted hereunder; AND
  E. ANY STATE-CREATED OR ADMINISTERED TEST.
  [7.]  8.  The  [commissioner]  BOARD  OF REGENTS shall ensure that the
process by which weights and scoring ranges are  assigned  to  subcompo-
nents  and  categories is transparent and available to those being rated
before the beginning of each school year. Such process must ensure  that
it is possible for a teacher or principal to obtain any number of points
in  the applicable scoring ranges, including zero, in each subcomponent.
The superintendent, district superintendent or chancellor and the repre-
sentative of the collective bargaining unit  (where  one  exists)  shall
certify in the district's plan that the evaluation process shall use the
standards for the scoring ranges provided by the [commissioner] BOARD OF
REGENTS.    Provided,  however,  that  in any event, the following rules
shall apply: a teacher or principal who is:
  a. [rated using two subcomponents in the student performance  category
and  receives  a  rating  of ineffective in such category shall be rated
ineffective overall, except that if  the  measure  used  in  the  second
subcomponent is a second state-provided growth score on a state-adminis-
tered  or  sponsored  test pursuant to clause (A) of subparagraph one of
paragraph a of subdivision four of this section, a teacher or  principal
that  receives  a  rating  of  ineffective in such category shall not be
eligible to receive a rating of effective or highly effective overall;
  b. rated using only the state  measure  subcomponent  in  the  student
performance  category and receives a rating of ineffective in such cate-
gory shall not be eligible to receive a rating of  effective  or  highly
effective overall; and
  c.] rated ineffective in the observations category shall not be eligi-
ble to receive a rating of effective or highly effective overall; AND
  B.  RATED INEFFECTIVE IN THE EVALUATION CATEGORY SHALL NOT BE ELIGIBLE
TO RECEIVE A RATING OF EFFECTIVE OR HIGHLY EFFECTIVE OVERALL.
  [8.] 9. A student may not be instructed, for  two  consecutive  school
years, by any two teachers in the same district, each of whom received a
rating  of  ineffective  under  an evaluation conducted pursuant to this
section in the school year immediately prior to the school year in which
the student is placed in the teacher's classroom; provided,  that  if  a
district  deems  it  impracticable  to comply with this subdivision, the
district shall seek a waiver from the department from such requirement.
  [9.] 10. Nothing in this section shall  be  construed  to  affect  the
unfettered  statutory  right  of  a district to terminate a probationary
(non-tenured) teacher or principal for  any  statutorily  and  constitu-
tionally permissible reasons.
  [10.] 11. The local collective bargaining representative shall negoti-
ate with the district:
  a.  whether  to use a second measure, [and, in the event that a second
measure is used, which measure to use, pursuant to subparagraph  two  of
paragraph a of subdivision four of this section] and
  b.  how to implement the provisions of paragraph b of subdivision four
of this section,  and  associated  regulations  as  established  by  the
[commissioner]  BOARD OF REGENTS, in accordance with article fourteen of
the civil service law.

S. 7463--A                          6

  [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
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  conducting annual teacher and principal
evaluations of teachers and principals in accordance with  the  require-
ments  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.]
  12.  Notwithstanding any other provision of law, rule or regulation to
the contrary, all collective bargaining agreements  entered  into  after
April  first, two thousand fifteen shall be consistent with the require-
ments of this section, unless the agreement relates to the two  thousand
fourteen--two thousand fifteen school year only. Nothing in this section
shall be construed to abrogate any conflicting provisions of any collec-
tive bargaining agreement in effect on April first, two thousand fifteen
during  the  term of such agreement and until the entry into a successor
collective bargaining agreement, provided that notwithstanding any other
provision of law to the contrary, upon expiration of such term  and  the
entry into a successor collective bargaining agreement the provisions of
this section shall apply.
  13.   Any reference in law to "annual professional performance review"
shall be deemed to refer to an annual  professional  performance  review
pursuant  to  section  three thousand twelve-c of this article or annual
teacher and principal evaluations  pursuant  to  this  section  and  any
references  to  section three thousand twelve-c of this article shall be
deemed to refer to section  three  thousand  twelve-c  of  this  article
and/or this section, as applicable.
  14.    The commissioner shall adopt regulations to align the principal
evaluation system as set forth in section  three  thousand  twelve-c  of
this article with the new teacher evaluation system set forth herein.
  15.   The provisions of paragraphs d, k, k-1, k-2 and l of subdivision
two and subdivisions four, five, five-a, nine, and ten of section  three
thousand  twelve-c  of  this  article,  as  amended, shall apply to this
section to the extent determined by the commissioner.
  S 2. This act shall take effect on the first of August next succeeding
the date on which it shall have become a law.

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Senate Bill S7463A

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

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2015-S7463 - Details

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co-Sponsors

2015-S7463A (ACTIVE) - Details

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Senate Bill S7463A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

Bill Amendments

co-Sponsors

2015-S7463 - Details

2015-S7463 - Summary

2015-S7463 - Sponsor Memo

2015-S7463 - Bill Text download pdf

co-Sponsors

2015-S7463A (ACTIVE) - Details

2015-S7463A (ACTIVE) - Summary

2015-S7463A (ACTIVE) - Sponsor Memo

2015-S7463A (ACTIVE) - Bill Text download pdf

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