S T A T E O F N E W Y O R K
________________________________________________________________________
3420
2017-2018 Regular Sessions
I N A S S E M B L Y
January 27, 2017
___________
Introduced by M. of A. BRINDISI, BUTLER, CAHILL, HYNDMAN, RAIA, LUPINAC-
CI, SKOUFIS, JAFFEE, SEPULVEDA, LAWRENCE, SANTABARBARA, LUPARDO,
MURRAY, RA, CURRAN, ZEBROWSKI, PALUMBO -- Multi-Sponsored by -- M. of
A. BICHOTTE, CROUCH, ENGLEBRIGHT, MAGEE -- read once and referred 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:
§ 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];
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01874-01-7
A. 3420 2
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
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
A. 3420 3
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
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
A. 3420 4
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;
(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.
A. 3420 5
[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;
[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.
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[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. 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.
§ 2. This act shall take effect on the first of August next succeeding
the date on which it shall have become a law.