S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1651
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2023
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN, BRABENEC, ZEBROWSKI -- 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-SEVEN--TWO  THOUSAND  TWENTY-EIGHT  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-SEVEN AND  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 requirements of this section  and  the
 regulations issued by the commissioner. Provided further that any appor-
 tionment  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.  IN THE EVENT THAT A NEW EVALUATION SYSTEM HAS  NOT
 BEEN  ADOPTED IN ACCORDANCE WITH THE RECOMMENDATIONS OF THE COMMITTEE OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04283-01-3
              

 A. 1651                             2
 
 EXPERTS AS SET FORTH IN SUBDIVISION SIXTEEN OF THIS SECTION BY SEPTEMBER
 FIRST, TWO THOUSAND TWENTY-SEVEN,  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 18 to read as follows:
   18.  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-SEVEN--TWO
 THOUSAND TWENTY-EIGHT 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-
 TIVENESS RESEARCH. THE COMMITTEE SHALL RECOMMEND AN ARRAY OF PERMISSIBLE
 ASSESSMENTS  FOR  USE  WITHIN  THIS  NEW ANNUAL PROFESSIONAL PERFORMANCE
 A. 1651                             3

 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-SEVEN.
   § 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 TWENTY-TWO--THOUSAND TWENTY-THREE
 THROUGH TWO THOUSAND TWENTY-FIVE--TWO THOUSAND TWENTY-SIX SCHOOL  YEARS,
 OR  UNTIL  SUCH  TIME  THAT  A NEW EVALUATION SYSTEM HAS BEEN ADOPTED IN
 ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION EIGHTEEN 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.