NY State Senate Bill 2019-S1262

Archive: Last Bill Status - Signed by Governor

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
Apr 12, 2019	signed chap.27
Apr 10, 2019	delivered to governor
Jan 23, 2019	returned to senate passed assembly ordered to third reading cal.10 substituted for a783 referred to education delivered to assembly passed senate
Jan 22, 2019	ordered to third reading cal.37 reported and committed to rules
Jan 11, 2019	referred to education

Votes

- Jan 23, 2019 - Floor Vote
  S1262
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 23, 2019
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Parker
      
      Persaud
      
      Ramos
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Young
      
      excused (3)
      
      Boyle
      
      Flanagan
      
      Ranzenhofer
  Jan 22, 2019 - Rules Committee Vote
  S1262
  
  17
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 22, 2019
      
      aye (17)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Gianaris
      
      Griffo
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      aye wr (1)
      
      LaValle
      
      excused (1)
      
      Flanagan
  Jan 22, 2019 - Education Committee Vote
  S1262
  
  14
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Education Committee Vote: Jan 22, 2019
      
      aye (14)
      
      Addabbo Jr.
      
      Brooks
      
      LaValle
      
      Lanza
      
      Little
      
      Liu
      
      Martinez
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Robach
      
      Serrano
      
      Seward
      
      Stavisky
      
      aye wr (1)
      
      Jackson

co-Sponsors

View additional co-sponsors

2019-S1262 (ACTIVE) - Details

See Assembly Version of this Bill:: A783
Law Section:: Education Law
Laws Affected:: Amd §3012-d, Ed L; amd Part AA Subpart B §2, Chap 56 of 2014
Versions Introduced in 2017-2018 Legislative Session:: S8301, A10475

2019-S1262 (ACTIVE) - Summary

Relates to state assessments and teacher evaluations; makes certain provisions permanent.

2019-S1262 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1262

SPONSOR: MAYER
 
TITLE OF BILL:

An act to amend the education law, in relation to state assessments and
teacher evaluations; and to amend chapter 56 of the laws of 2014, amend-
ing the education law relating to providing that standardized test
scores shall not be included on a student's permanent record, in
relation to making certain provisions permanent

 
PURPOSE:

This bill would amend the annual teacher and principal evaluation system
to eliminate the mandatory use of state assessments to determine a
teacher or principal's effectiveness.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill would establish a new subdivision 16 of section
3012-d of the Education Law to make the use of state-created or adminis-

tered tests optional instead of mandatory. This includes all state-
created or administered tests including the grades three through eight
English language arts and mathematics state tests and the high school
Regents examinations. Additionally, the Commissioner would be required
to promulgate regulations for alternative assessments that may be used
to determine a teacher or principal's evaluation in place of the state-
created or administered tests. The selection and use of an assessment in
a teacher or principal's evaluation must be subject to collective
bargaining. Furthermore, this section allows school districts to keep
their current APPR plans until a successor plan is negotiated and
entered into, ensuring districts do not lose their state aid increases.

Section 2 of the bill modifies subdivision 4 of section 3012-d of the
Education Law to eliminate the use of the state-provided growth model in
a teacher or principal's evaluation. All teachers would be required to
have a student learning objective (SLO) consistent with a goal-setting
process determined or developed by the Commissioner as the first subcom-
ponent for the student performance category.

Section 3 of the bill modifies subdivision 5 of section 3012-d of the
Education Law to eliminate certain rules pertaining to state-created or
administered tests used to determine a teacher or principal's overall
rating.

Section 4 of the bill modifies subdivision 7 of section 3012-d of the
Education Law to eliminate certain rules pertaining to state-created or
administered tests used to determine a teacher or principal's overall
rating.

Section 5 of the bill modifies subdivision 10 of section 3012-d of the
Education Law to provide conforming language.

Section 6 of the bill makes permanent provisions prohibiting state-ad-
ministered grades 3 through 8 standardized English language arts or
mathematics assessments scores to be included on a student's permanent
record.

Section 7 of the bill provides the effective date as immediately.
 
JUSTIFICATION:

In 2015, New York State adopted a new annual teacher and principal eval-
uation system that required the use of state-created or administered
assessments as a subcomponent to determine a teacher or principal's
effectiveness. This approach to evaluating teacher performance and
student achievement has created many disparities and has not been widely
accepted by teachers and parents, prompting families to opt out.

This bill seeks to maintain the rigorous standards set for teacher and
principal evaluations, while simultaneously addressing some of the
concerns from parents and educators. Allowing school districts and
teachers, who know their students best, the ability to negotiate whether
they would like to use the standardized tests in teacher or principal
evaluations will ensure that a more fair and effective evaluation system
will be established. Furthermore, in order to ensure that schools are
not negatively impacted as a result of their choice between retaining
their current evaluation system and choosing a new one, this bill
provides that school districts will not lose their state aid increases
while a district is in the process of negotiating/entering into a
successor collective bargaining plan.

 
LEGISLATIVE HISTORY:

2018: A.10475 (Nolan)Passed Assembly

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This bill will take effect immediately.

2019-S1262 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 1262                                                   A. 783
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             January 11, 2019
                                ___________
 
 IN  SENATE -- Introduced by Sens. MAYER, LIU, ADDABBO, BAILEY, BENJAMIN,
   BIAGGI,  BRESLIN,  BROOKS,  CARLUCCI,  COMRIE,   GAUGHRAN,   GIANARIS,
   GOUNARDES,  HARCKHAM,  HOYLMAN,  JACKSON,  KAMINSKY, KAPLAN, KAVANAGH,
   KENNEDY, KRUEGER, MARTINEZ, MAY, METZGER, MONTGOMERY,  MYRIE,  PARKER,
   PERSAUD,  RAMOS, RIVERA, SALAZAR, SANDERS, SAVINO, SEPULVEDA, SERRANO,
   SKOUFIS, STAVISKY, STEWART-COUSINS, THOMAS -- read twice  and  ordered
   printed,  and  when printed to be committed to the Committee on Educa-
   tion
 
 IN ASSEMBLY --  Introduced  by  M.  of  A.  BENEDETTO,  HEASTIE,  NOLAN,
   PEOPLES-STOKES,  JAFFEE,  WEINSTEIN,  ABBATE, ABINANTI, ARROYO, AUBRY,
   BARNWELL,  BARRETT,  BARRON,  BICHOTTE,  BLAKE,  BRAUNSTEIN,  BRONSON,
   BURKE,  CAHILL,  CARROLL,  COLTON,  COOK,  CRUZ,  CUSICK,  CYMBROWITZ,
   D'URSO, DE LA ROSA, DenDEKKER, DICKENS, DILAN, DINOWITZ,  ENGLEBRIGHT,
   EPSTEIN,  FAHY,  FALL,  FERNANDEZ,  FRONTUS,  GALEF, GLICK, GOTTFRIED,
   GRIFFIN, GUNTHER,  HEVESI,  HUNTER,  HYNDMAN,  JACOBSON,  JEAN-PIERRE,
   JONES, JOYNER, KIM, LAVINE, LENTOL, LIFTON, LUPARDO, MAGNARELLI, McDO-
   NALD,  McMAHON,  M. G. MILLER,  MOSLEY,  NIOU, O'DONNELL, ORTIZ, OTIS,
   PERRY, PHEFFER AMATO, PICHARDO,  PRETLOW,  RAMOS,  REYES,  RICHARDSON,
   RIVERA, ROMEO, D. ROSENTHAL, L. ROSENTHAL, RYAN, SANTABARBARA, SAYEGH,
   SCHIMMINGER, SEAWRIGHT, SIMON, SIMOTAS, SOLAGES, STECK, STERN, STIRPE,
   TAYLOR,  THIELE,  TITUS,  WALKER, WALLACE, WEPRIN, WOERNER, ZEBROWSKI,
   DiPIETRO, NORRIS, MORINELLO -- Multi-Sponsored by -- M. of A. PALMESA-
   NO -- read once and referred to the Committee on Education
 
 AN ACT to amend the education law, in relation to state assessments  and
   teacher  evaluations;  and  to  amend  chapter 56 of the laws of 2014,
   amending the education law relating  to  providing  that  standardized
   test  scores shall not be included on a student's permanent record, in
   relation to making certain provisions permanent
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05312-01-9

 S. 1262                             2                             A. 783
 
   Section  1. Section 3012-d of the education law is amended by adding a
 new subdivision 16 to read as follows:
   16.  A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION
 TO THE CONTRARY, THE GRADES THREE THROUGH EIGHT  ENGLISH  LANGUAGE  ARTS
 AND  MATHEMATICS STATE ASSESSMENTS AND ALL OTHER STATE-CREATED OR ADMIN-
 ISTERED TESTS SHALL NOT BE REQUIRED TO BE  UTILIZED  IN  ANY  MANNER  TO
 DETERMINE A TEACHER OR PRINCIPAL EVALUATION REQUIRED BY THIS SECTION.
   B.  THE  COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS PROVIDING
 ALTERNATIVE ASSESSMENTS THAT MAY BE USED IN GRADES THREE  THROUGH  EIGHT
 INSTEAD  OF  ALL  OTHER STATE-CREATED OR ADMINISTERED TESTS, WHICH SHALL
 INCLUDE ALL OF THE ASSESSMENTS THAT HAVE BEEN APPROVED  BY  THE  COMMIS-
 SIONER FOR USE IN DETERMINING TRANSITION SCORES AND RATINGS.
   C.  THE SELECTION AND USE OF AN ASSESSMENT IN A TEACHER OR PRINCIPAL'S
 EVALUATION PURSUANT TO PARAGRAPHS A AND B OF THIS SUBDIVISION AND SUBDI-
 VISION FOUR OF THIS SECTION SHALL BE SUBJECT  TO  COLLECTIVE  BARGAINING
 PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
   D. NOTWITHSTANDING ANY PROVISION OF SUBDIVISION TWELVE OF THIS SECTION
 TO  THE CONTRARY, NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ABROGATE
 ANY CONFLICTING PROVISIONS OF ANY  COLLECTIVE  BARGAINING  AGREEMENT  IN
 EFFECT  ON  THE  DATE  THIS SUBDIVISION TAKES EFFECT 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 SUBDIVISION SHALL APPLY; AND, PROVIDED FURTHER,
 HOWEVER, THAT ANY ASSESSMENTS USED IN DETERMINING TRANSITION SCORES  AND
 RATINGS SHALL BE USED IN DETERMINING SCORES AND RATINGS PURSUANT TO THIS
 SECTION  INSTEAD OF THE GRADES THREE THROUGH EIGHT ENGLISH LANGUAGE ARTS
 AND MATHEMATICS STATE ASSESSMENTS  UNTIL  THE  ENTRY  INTO  A  SUCCESSOR
 COLLECTIVE BARGAINING AGREEMENT.
   §  2. Subparagraphs 1 and 2 of paragraph a of subdivision 4 of section
 3012-d of the education law, subparagraph 1 as amended by section  3  of
 subpart C of part B of chapter 20 of the laws of 2015 and subparagraph 2
 as  added by section 2 of subpart E of part EE of chapter 56 of the laws
 of 2015, are amended to read 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-pro-
 vided 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
 administered test such teacher] A 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 assessment [for which there  is  no  state-provided  growth
 model],  such assessment [must] MAY 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

 S. 1262                             3                             A. 783

 growth  score]  BASED  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-provided  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]  PART  EE  OF
 CHAPTER  FIFTY-SIX  of the laws of two thousand fifteen which added this
 section regarding the reduction of unnecessary additional testing.
   § 3. Subdivision 5 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:
   5.  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.
   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 category, the teacher's composite
 score shall be H;
   [(2)] B. If a teacher receives an H in the teacher observation catego-
 ry, and an E in the student performance category, the teacher's  compos-
 ite score shall be H;
   [(3)] C. If a teacher receives an H in the teacher observation catego-
 ry, and a D in the student performance category, the teacher's composite
 score shall be E;
   [(4)] D. If a teacher receives an H in the teacher observation catego-
 ry,  and an I in the student performance category, the teacher's compos-
 ite score shall be D;
   [(5)] E. If a teacher receives an E in the teacher observation catego-
 ry, and an H in the student performance category, the teacher's  compos-
 ite score shall be H;
   [(6)] F. If a teacher receives an E in the teacher observation catego-
 ry,  and an E in the student performance category, the teacher's compos-
 ite score shall be E;
   [(7)] G. If a teacher receives an E in the teacher observation catego-
 ry, and a D in the student performance category, the teacher's composite
 score shall be E;
   [(8)] H. If a teacher receives an E in the teacher observation catego-
 ry, and an I in the student performance category, the teacher's  compos-
 ite score shall be D;

 S. 1262                             4                             A. 783
 
   [(9)]  I. If a teacher receives a D in the teacher observation catego-
 ry, and an H in the student performance category, the teacher's  compos-
 ite score shall be E;
   [(10)] J. If a teacher receives a D in the teacher observation catego-
 ry,  and an E in the student performance category, the teacher's compos-
 ite score shall be E;
   [(11)] K. If a teacher receives a D in the teacher observation catego-
 ry, and a D in the student performance category, the teacher's composite
 score shall be D;
   [(12)] L. If a teacher receives a D in the teacher observation catego-
 ry, and an I in the student performance category, the teacher's  compos-
 ite score shall be I;
   [(13)]  M. If a teacher receives an I in the teacher observation cate-
 gory, and an H  in  the  student  performance  category,  the  teacher's
 composite score shall be D;
   [(14)]  N. If a teacher receives an I in the teacher observation cate-
 gory, and an E  in  the  student  performance  category,  the  teacher's
 composite score shall be D;
   [(15)]  O. If a teacher receives an I in the teacher observation cate-
 gory, and a D in the student performance category, the teacher's compos-
 ite score shall be I;
   [(16)] P. If a teacher receives an I in the teacher observation  cate-
 gory,  and  an  I  in  the  student  performance category, the teacher's
 composite score shall be I.
   § 4. Subdivision 7 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:
   7. The commissioner shall ensure that the process by which weights and
 scoring ranges are assigned to subcomponents and categories is transpar-
 ent  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 representative 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.    [Provided,  however,
 that in any event, the following rules shall apply: a teacher or princi-
 pal 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.]
   §  5.  Subdivision 10 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:

 S. 1262                             5                             A. 783
 
   10.  The  local  collective  bargaining representative shall negotiate
 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,  in  accordance with article fourteen of the civil service
 law; AND
   C. THE SELECTION AND USE OF AN ASSESSMENT IN A TEACHER OR  PRINCIPAL'S
 EVALUATION PURSUANT TO SUBDIVISION FOUR OF THIS SECTION AND PARAGRAPHS A
 AND B OF SUBDIVISION SIXTEEN OF THIS SECTION.
   §  6.  Section  2 of subpart B of part AA of chapter 56 of the laws of
 2014 amending the education law relating to providing that  standardized
 test  scores  shall  not be included on a student's permanent record, as
 amended by section 35 of part CCC of chapter 59 of the laws of 2018,  is
 amended to read as follows:
   §  2.  This act shall take effect immediately [and shall expire and be
 deemed repealed on December 31, 2019].
   § 7. This act shall take effect immediately.

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Senate Bill S1262

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jan 23, 2019 - Floor Vote

Floor Vote: Jan 23, 2019

Jan 22, 2019 - Rules Committee Vote

Rules Committee Vote: Jan 22, 2019

Jan 22, 2019 - Education Committee Vote

Education Committee Vote: Jan 22, 2019

co-Sponsors

2019-S1262 (ACTIVE) - Details

2019-S1262 (ACTIVE) - Summary

2019-S1262 (ACTIVE) - Sponsor Memo

2019-S1262 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1262

Share this bill

Sponsored By

Archive: Last Bill Status - Signed by Governor

co-Sponsors

2019-S1262 (ACTIVE) - Details

2019-S1262 (ACTIVE) - Summary

2019-S1262 (ACTIVE) - Sponsor Memo

2019-S1262 (ACTIVE) - Bill Text download pdf

Comments