S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    317
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  JAFFEE,  ABINANTI, BRABENEC, GALEF,
   ZEBROWSKI, RAIA -- Multi-Sponsored by -- M. of  A.  BUCHWALD  --  read
   once and referred to the Committee on Education
 
 AN  ACT  to  amend  the education law, in relation to annual teacher and
   principal evaluations

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 11 of section 3012-d of the education law, as
 added by section 2 of subpart E of part EE of chapter 56 of the laws  of
 2015, is amended to read as follows:
   11.  Notwithstanding  any  inconsistent  provision  of  law, no school
 district shall be eligible for an apportionment of general  support  for
 public  schools  from  the  funds  appropriated for the [2015--2016] TWO
 THOUSAND TWENTY-THREE--TWO THOUSAND TWENTY-FOUR 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, TWO THOUSAND
 TWENTY-THREE AND SEPTEMBER FIRST of each subsequent year,  demonstrating
 that  it has fully implemented the standards and procedures for conduct-
 ing annual teacher and principal evaluations of teachers and  principals
 in  accordance with the requirements of this section and the regulations
 issued by the commissioner.  Provided  further  that  any  apportionment
 withheld  pursuant  to this section shall not occur prior to April first
 of the current year and shall not have  any  effect  on  the  base  year
 calculation  for use in the subsequent school year. For purposes of this
 section, "base year" shall mean the base year as defined in paragraph  b
 of  subdivision  one  of section thirty-six hundred two of this chapter,
 and "current year" shall mean the current year as defined in paragraph a
 of subdivision one of section thirty-six hundred two  of  this  chapter.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD03779-01-9

 A. 317                              2
 
 IN  THE  EVENT  THAT  A  NEW  EVALUATION  SYSTEM HAS NOT BEEN ADOPTED IN
 ACCORDANCE WITH THE RECOMMENDATIONS OF THE COMMITTEE OF EXPERTS  AS  SET
 FORTH  IN  SUBDIVISION  SIXTEEN  OF THIS SECTION BY SEPTEMBER FIRST, TWO
 THOUSAND  TWENTY-THREE,  THE  DATE FOR COMPLIANCE WITH THE PROVISIONS OF
 SUBPART E OF PART EE OF CHAPTER FIFTY-SIX OF THE LAWS  OF  TWO  THOUSAND
 FIFTEEN, SHALL BE SUSPENDED UNTIL SUCH TIME THAT A NEW EVALUATION SYSTEM
 IS ENACTED.
   §  2.  Section  3012-d of the education law is amended by adding a new
 subdivision 16 to read as follows:
   16. A. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH  A  OF  SUBDIVISION
 FOUR  AND SUBDIVISION FIVE OF THIS SECTION, OR OF ANY OTHER LAW, RULE OR
 REGULATION TO THE CONTRARY, UNTIL  THE  TWO  THOUSAND  TWENTY-THREE--TWO
 THOUSAND  TWENTY-FOUR  SCHOOL YEAR, OR UNTIL SUCH TIME THAT A NEW EVALU-
 ATION SYSTEM HAS BEEN ADOPTED  IN  ACCORDANCE  WITH  THE  PROVISIONS  OF
 SUBDIVISION ELEVEN OF THIS SECTION, WHICHEVER IS LATER, SCHOOL DISTRICTS
 AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES THAT HAVE APPROVED ANNUAL
 PROFESSIONAL  PERFORMANCE  REVIEW  PLANS  PURSUANT TO THIS SECTION SHALL
 LOCALLY DETERMINE WHETHER TO UTILIZE THE STUDENT PERFORMANCE CATEGORY AS
 PART OF ITS ANNUAL PROFESSIONAL PERFORMANCE REVIEW EVALUATION SYSTEM  OR
 WHETHER  TO  BASE EVALUATIONS OF CLASSROOM TEACHERS AND BUILDING PRINCI-
 PALS SOLELY UPON THE OBSERVATION/SCHOOL VISIT CATEGORY RATINGS.
   B. DURING THE TRANSITION  PERIOD,  ANY  STUDENT  PERFORMANCE  CATEGORY
 SCORE  AND  RATING THAT IS BASED UPON GRADES THREE THROUGH EIGHT ENGLISH
 LANGUAGE ARTS AND MATHEMATICS STATE  ASSESSMENTS  AND/OR  STATE-PROVIDED
 GROWTH SCORES ON REGENTS EXAMINATIONS SHALL BE DEEMED ADVISORY ONLY. THE
 TRANSITION  SCORES AND RATINGS SHALL BE USED FOR THE PURPOSES OF EMPLOY-
 MENT DECISIONS SET FORTH IN SUBDIVISION  ONE  OF  THIS  SECTION  AND  TO
 DETERMINE  WHETHER  A TEACHER OR PRINCIPAL IMPROVEMENT PLAN IS REQUIRED.
 TRANSITION SCORES AND RATINGS SHALL  BE  CALCULATED  BASED  UPON  EITHER
 SOLELY  THE  OBSERVATION/SCHOOL VISIT CATEGORY, OR WITH AN ALTERNATE SLO
 TO REPLACE SUCH IMPERMISSIBLE ASSESSMENT MEASURES AT THE SOLE OPTION  OF
 EACH  SCHOOL  DISTRICT  OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, AS
 DETERMINED LOCALLY. THE BOARD OF REGENTS SHALL AMEND SECTION 30-3.17  OF
 ITS RULES IN ACCORDANCE WITH THE TERMS CONTAINED HEREIN.
   C.  DURING THE TRANSITION PERIOD, SCHOOL DISTRICTS AND BOARDS OF COOP-
 ERATIVE EDUCATIONAL SERVICES SHALL CHOOSE WHETHER TO CONTINUE TO  IMPLE-
 MENT  THEIR APPROVED ANNUAL PROFESSIONAL PERFORMANCE REVIEW PLANS PURSU-
 ANT TO SECTION THREE THOUSAND TWELVE-C OF THIS  ARTICLE  OR  WHETHER  TO
 SUBMIT  A COMPLIANT ANNUAL PROFESSIONAL PERFORMANCE REVIEW PLAN PURSUANT
 TO THIS SECTION AND IMPLEMENT SUCH PLAN UPON ITS APPROVAL.
   D. DURING THIS TRANSITION PERIOD WHEN THE STATE COMPLETES ITS  TRANSI-
 TION  TO  HIGHER  LEARNING  STANDARDS AND ALIGNS ITS ASSESSMENTS TO SUCH
 STANDARDS, A COMMITTEE OF EXPERTS SHALL BE FORMED TO PROPOSE A NEW EVAL-
 UATION SYSTEM FOR CLASSROOM TEACHERS AND BUILDING PRINCIPALS WHICH SHALL
 ULTIMATELY AMEND THIS SECTION IN ACCORDANCE WITH THE COMMITTEE'S  RECOM-
 MENDATIONS, SUBJECT TO LEGISLATIVE ADOPTION OF THE SAME, AFTER WHICH THE
 BOARD OF REGENTS SHALL ALSO AMEND ITS RULES IN ACCORDANCE WITH THE TERMS
 THEREOF.  THE  COMMITTEE  SHALL  BE COMPRISED OF EXPERTS IN THE FIELD OF
 EDUCATION SELECTED BY THE  REGENTS.  SHOULD  THE  COMMITTEE  MEMBERS  BE
 SELECTED AND ACCEPT SERVICE ON A VOLUNTARY BASIS, THEN THERE SHALL BE NO
 REMUNERATION  FOR  SUCH  SERVICE,  PROVIDED THAT IF VOLUNTEERS CANNOT BE
 FOUND, THE COMMITTEE MEMBERS SHALL BE  REMUNERATED  IN  ACCORDANCE  WITH
 LEGISLATIVE  APPROPRIATIONS THAT SHALL BE MADE TO FAIRLY COMPENSATE SUCH
 MEMBERS.
   E. THE COMMITTEE OF EXPERTS SHALL DEVELOP A RESEARCH-BASED  EVALUATION
 MODEL  THAT IS GROUNDED IN STUDENT LEARNING AND TEACHER/PRINCIPAL EFFEC-

 A. 317                              3

 TIVENESS RESEARCH. THE COMMITTEE SHALL RECOMMEND AN ARRAY OF PERMISSIBLE
 ASSESSMENTS FOR USE WITHIN  THIS  NEW  ANNUAL  PROFESSIONAL  PERFORMANCE
 REVIEW  SYSTEM.  THE  COMMITTEE  SHALL  FURTHER RECOMMEND HOW TO MEASURE
 GROWTH  IN  A MEANINGFUL WAY THAT FAIRLY AND ACCURATELY CAPTURES TEACHER
 OR PRINCIPAL CONTRIBUTION TO THE STUDENT LEARNING PROCESS OVER AN APPRO-
 PRIATE INTERVAL OF TIME.   THE COMMITTEE  SHALL  CAREFULLY  EXAMINE  ALL
 PROVISIONS  OF  THE CURRENT EVALUATION SYSTEM, INCLUDING CURRENT WEIGHTS
 ATTRIBUTABLE TO VARIOUS MEASURES, TO RECOMMEND WHAT  COMPONENTS  THEREOF
 SHOULD  BE  CONTINUED AND WHAT SHOULD BE DISCARDED.  THE COMMITTEE SHALL
 PROVIDE A REPORT OF ITS  RECOMMENDATIONS  BY  NO  LATER  THAN  SEPTEMBER
 FIRST, TWO THOUSAND TWENTY-THREE.
   §  3.  Section  3012-c of the education law is amended by adding a new
 subdivision 11 to read as follows:
   11. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE, OR REGULATION TO
 THE CONTRARY, FOR  THE  TWO  THOUSAND  EIGHTEEN--TWO  THOUSAND  NINETEEN
 THROUGH TWO THOUSAND TWENTY-TWO--TWO THOUSAND TWENTY-THREE SCHOOL YEARS,
 OR  UNTIL  SUCH  TIME  THAT  A NEW EVALUATION SYSTEM HAS BEEN ADOPTED IN
 ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION SIXTEEN OF  SECTION  THREE
 THOUSAND  TWELVE-D OF THIS ARTICLE, WHICHEVER IS LATER, SCHOOL DISTRICTS
 AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES CONTINUING  TO  IMPLEMENT
 THEIR  ANNUAL  PROFESSIONAL  PERFORMANCE  REVIEW  PLANS PURSUANT TO THIS
 SECTION SHALL PROVIDE TRANSITION SCORES AND  RATINGS  THAT  EXCLUDE  ANY
 STUDENT  PERFORMANCE  RESULTS  BASED  UPON  GRADES  THREE  THROUGH EIGHT
 ENGLISH LANGUAGE ARTS AND MATHEMATICS STATE  ASSESSMENTS  AND/OR  STATE-
 PROVIDED  GROWTH  SCORES ON REGENTS EXAMINATIONS. SUCH TRANSITION SCORES
 SHALL BE A SIGNIFICANT FACTOR FOR EMPLOYMENT DECISIONS AS SET  FORTH  IN
 SUBDIVISION  ONE  OF  THIS SECTION AND TO DETERMINE WHETHER A TEACHER OR
 PRINCIPAL IMPROVEMENT PLAN SHALL BE REQUIRED PURSUANT TO THE  PROVISIONS
 OF  SUBDIVISION  FOUR  OF  THIS  SECTION. THE TRANSITION SCORES SHALL BE
 CALCULATED IN ACCORDANCE WITH SECTION 30-2.14 OF THE RULES OF THE  BOARD
 OF REGENTS, WHICH SHALL BE EXTENDED TO REMAIN EFFECTIVE DURING THE TRAN-
 SITION PERIOD REFERENCED HEREINABOVE. THE BOARD OF REGENTS SHALL CONFORM
 SECTION 30-2.14 TO THE PROVISIONS CONTAINED HEREIN.
   § 4. This act shall take effect immediately.