S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    924
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced by M. of A. WALSH, BLANKENBUSH -- Multi-Sponsored by -- M. of
   A. CROUCH -- read once and referred to the Committee on Education
 
 AN ACT to amend the education law, in relation to the weight assigned to
   state-created  or  administered  testing  results  for calculating the
   student performance category of teacher assessments

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Paragraph  a  of  subdivision  4 of section 3012-d of the
 education law, as added by section 2 of subpart E of part EE of  chapter
 56  of  the  laws  of  2015,  subparagraph  1 as amended by section 3 of
 subpart C of part B of chapter 20 of the laws of  2015,  is  amended  to
 read as follows:
   a.  Student  performance  category. Such category shall have [at least
 one subcomponent and an optional second subcomponent] TWO  SUBCOMPONENTS
 as follows:
   (1) For the first subcomponent, (A) for a teacher whose course ends in
 a state-created or administered test for which there is a state-provided
 growth  model,  such  teacher  shall  have a state-provided growth score
 based on such model, which shall take into consideration certain student
 characteristics, as determined by the commissioner,  including  but  not
 limited to students with disabilities, poverty, English language learner
 status  and  prior  academic  history and which shall identify educators
 whose students' growth is well above or well below average  compared  to
 similar  students  for  a  teacher's  or  principal's students after the
 certain student characteristics above are taken into  account;  and  (B)
 for  a  teacher whose course does not end in a state-created or adminis-
 tered test such teacher shall have a student  learning  objective  (SLO)
 consistent  with  a  goal-setting process determined or developed by the
 commissioner, that results in a student growth score; provided that, for
 any teacher whose course ends in a state-created or administered assess-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02829-01-9
              

 A. 924                              2
 
 ment for which there is no state-provided growth model, such  assessment
 must be used as the underlying assessment for such SLO;
   (2)  For  the  [optional]  second subcomponent, a district may locally
 select a second measure  in  accordance  with  this  subparagraph.  Such
 second measure shall apply in a consistent manner, to the extent practi-
 cable,  across  the district and be [either: (A) a second state-provided
 growth score on a state-created or administered test under clause (A) of
 subparagraph one of this paragraph, or (B)] a growth score  based  on  a
 state-designed supplemental assessment, calculated using a state-provid-
 ed  or  approved  growth model. The [optional] second subcomponent shall
 provide options for multiple assessment measures  that  are  aligned  to
 existing classroom and school best practices and take into consideration
 the  recommendations  in  the  testing  reduction  report as required by
 section one of subpart F of [the] PART EE OF chapter  FIFTY-SIX  of  the
 laws  of  two  thousand fifteen [which added this section] regarding the
 reduction of unnecessary additional testing.
   The commissioner shall determine the weights and  scoring  ranges  for
 the  subcomponent  or  subcomponents of the student performance category
 that shall result in a combined category rating.    NOTWITHSTANDING  THE
 PROVISIONS  OF  SECTION  THREE  THOUSAND TWELVE-C OF THIS ARTICLE OR ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, IN NO CASE SHALL  THE  SUBCOMPO-
 NENT  CALCULATED  PURSUANT  TO  SUBPARAGRAPH  ONE  OF  THIS PARAGRAPH BE
 ASSIGNED A WEIGHT IN EXCESS OF  FIVE  PERCENT  OF  A  TEACHER'S  OVERALL
 ASSESSMENT  UNDER  THIS SECTION. The commissioner shall also set parame-
 ters for appropriate targets for student growth for both  subcomponents,
 and the department must affirmatively approve and shall have the author-
 ity to disapprove or require modifications of district plans that do not
 set  appropriate  growth  targets, including after initial approval. The
 commissioner shall set such weights and parameters consistent  with  the
 terms contained herein.
   § 2. This act shall take effect immediately.