NY State Senate Bill 2017-S4390

Archive: Last Bill Status - In Senate Committee Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to education
Feb 13, 2017	referred to education

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2017-S4390 (ACTIVE) - Details

See Assembly Version of this Bill:: A3420
Current Committee:: Senate Education
Law Section:: Education Law
Laws Affected:: Amd §3012-d, Ed L
Versions Introduced in 2015-2016 Legislative Session:: S7463, A10057

2017-S4390 (ACTIVE) - 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.

2017-S4390 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4390

 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 :

2016 - S. 7463a - Education Committee/A. 10057a - Education Committee.

 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.

2017-S4390 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4390
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 13, 2017
                                ___________
 
 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
 
 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];
   b.  "Principal" shall mean a building principal or an administrator in
 charge of an instructional program of a board of cooperative educational
 services[;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01874-01-7

 S. 4390                             2

   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
 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

 S. 4390                             3

 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
 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.

 S. 4390                             4
 
   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.
   [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-

 S. 4390                             5

 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.
   [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

 S. 4390                             6
 
   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.

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Senate Bill S4390

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee

co-Sponsors

2017-S4390 (ACTIVE) - Details

2017-S4390 (ACTIVE) - Summary

2017-S4390 (ACTIVE) - Sponsor Memo

2017-S4390 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4390

Share this bill

Sponsored By

Joseph A. Griffo

Archive: Last Bill Status - In Senate Committee Education Committee

co-Sponsors

Tony Avella

Phil Boyle

Rich Funke

Todd Kaminsky

2017-S4390 (ACTIVE) - Details

2017-S4390 (ACTIVE) - Summary

2017-S4390 (ACTIVE) - Sponsor Memo

2017-S4390 (ACTIVE) - Bill Text download pdf

Comments