§ 3012-e. Teacher and principal performance review plans. 1.
Notwithstanding any other provision of law, rule, or regulation to the
contrary, for the annual professional performance reviews related to the
two thousand twenty-four--two thousand twenty-five school year and
thereafter, a school district or board of cooperative educational
services shall conduct performance reviews of classroom teachers and
building principals in accordance with the provisions of this section or
section three thousand twelve-d of this article, as applicable. Provided
that all school districts and boards of cooperative educational services
shall adopt a performance review plan pursuant to this section no later
than June thirtieth, two thousand thirty-two and such plan shall be used
to complete performance reviews of classroom teachers and building
principals no later than the two thousand thirty-two--two thousand
thirty-three school year. Performance review plans developed pursuant to
this section shall be the result of reaching a collectively bargained
agreement negotiated pursuant to article fourteen of the civil service
law where a recognized employee organization exists.

2. Nothing herein shall require modification of an existing teacher
and principal evaluation plan approved by the commissioner pursuant to
section three thousand twelve-d of this article and all teacher and
principal evaluation plans approved by the commissioner pursuant to the
provisions of section three thousand twelve-d of this article shall not
be affected by the provisions of this section on or before June
thirtieth, two thousand thirty-two; provided, however, that when a
school district or board of cooperative educational services adopts a
performance review plan pursuant to this section, the school district or
board of cooperative educational services shall notify the department
and submit the new plan to the department for review on a form and in a
manner prescribed by the commissioner. Provided further that, prior to
June thirtieth, two thousand thirty-two, a teacher and principal
evaluation plan may still be adopted or modified pursuant to section
three thousand twelve-d of this article consistent with the provisions
of such section.

3. The performance reviews conducted pursuant to this section shall be
a significant factor in teacher and principal development, including but
not limited to coaching, induction support, and differentiated
professional development for all teachers and principals.

4. (a) A school board or board of cooperative educational services
shall make its most recently adopted and reviewed plan pursuant to this
section available on the school district or board of cooperative
educational services' website.

(b) On an annual basis, each school district and board of cooperative
educational services shall submit to the commissioner the ratings for
each classroom teacher and building principal on each applicable
teaching or leadership standard, as well as the overall rating for each
teacher and principal, where available, on a form and in a manner
prescribed by the commissioner. Such data shall be collected and used to
the extent necessary to comply with any applicable state and federal
statutory requirements.

(c) The commissioner and each school district and board of cooperative
educational services shall ensure that any release to the public of data
collected pursuant to this section, or any other data that is used as a
component of performance reviews, does not include personally
identifying information for any classroom teacher or building principal;
provided, however, that each school district or board of cooperative
educational services shall fully disclose and release to the parents or
legal guardians of a student the most recent performance review rating
received for each of the teachers and for the principal of the school
building to which the student is assigned for the current school year
consistent with paragraph b of subdivision ten of section three thousand
twelve-c of this article.

(d) Performance reviews of individual classroom teachers and building
principals shall not be subject to disclosure pursuant to article six of
the public officers law.

5. (a) Performance review plans developed pursuant to this section
shall:

(i) include the criteria by which all classroom teachers and building
principals shall be reviewed and a description of the review procedures;

(ii) address each state teaching and educational leadership standard,
as developed or adopted by the commissioner;

(iii) consist of multiple measures; provided, however, that one
measure shall be classroom observations of classroom teachers and school
visits of building principals. The plan shall describe the number and
frequency of observations; provided that nothing herein shall be
construed to require that all classroom teachers or building principals
have the same number or frequency of observations.

(iv) provide the classroom teacher or building principal with timely,
actionable feedback on their practice based on the information collected
as part of the performance review;

(v) assign ratings on each applicable teaching or educational
leadership standard and an overall rating of Level 4, Level 3, Level 2,
or Level 1 consistent with the following requirements:

(1) Level 1 shall indicate performance significantly below a school
district's or board of cooperative educational services' expectations
aligned to teaching or educational leadership standards;

(2) Level 2 shall indicate performance that partially meets a school
district's or board of cooperative educational services' expectations
aligned to teaching or educational leadership standards;

(3) Level 3 shall indicate performance that meets a school district's
or board of cooperative educational services' expectations aligned to
teaching or educational leadership standards; and

(4) Level 4 shall indicate performance that exceeds a school
district's or board of cooperative educational services' expectations
aligned to teaching or educational leadership standards;

(vi) ensure that it is possible for a classroom teacher or building
principal to obtain each rating on each teaching or educational
leadership standard and as an overall rating. The process by which
ratings are assigned shall be transparent and available to those being
rated prior to the start of the school year, to the extent practicable;
and

(vii) include a process for each classroom teacher and building
principal to receive formal support for professional growth each year,
provided that teachers and principals who receive an overall rating of
Level 1 or 2 shall have a personalized professional development plan,
developed by the school district or board of cooperative educational
services, consistent with a locally determined growth goal setting
process.

(b) One measure may be used to address more than one teaching or
educational leadership standard provided that the performance review
includes multiple measures.

(c) Performance reviews conducted pursuant to this section may assess
a subset of the teaching and educational leadership standards in a given
year; provided, however, that probationary classroom teachers and
building principals shall be rated on each teaching or educational
leadership standard annually.

(d) Nothing in this section shall be construed to require all
classroom teachers or building principals to be evaluated based on the
same measures or to receive an overall rating annually; provided,
however, that at a minimum, probationary teachers and principals shall
receive a rating on each teaching or educational leadership standard and
an overall rating annually, while other teachers and principals may have
a differentiated performance review process that does not culminate in
an overall rating annually. Provided, further, that nothing herein shall
be construed to prohibit or prevent any other teachers and principals
from receiving an overall rating annually.

6. The school district or board of cooperative educational services,
as applicable, shall ensure that all classroom teachers and building
principals as well as any individual who conducts all or part of a
performance review receive appropriate training consistent with the
regulations of the commissioner and shall ensure that each teacher and
principal who is reviewed in accordance with this section has the
opportunity to provide written comment on their performance review in
addition to any collectively bargained teacher and principal performance
review grievance or appeal procedures.

7. Nothing in this section shall be construed to affect the unfettered
statutory right of a school district or board of cooperative educational
services, as applicable, to terminate a probationary classroom teacher
or principal for any statutorily and constitutionally permissible
reasons.

8. Performance review plans developed pursuant to this section shall
be submitted to the commissioner on a form and in a manner prescribed by
the commissioner. The commissioner shall review such plan to determine
compliance with the requirements of this section. If the commissioner
determines that the submitted plan is not in compliance with this
section, the plan shall be returned to the school district or board of
cooperative educational services for revision. Such revisions shall be
resolved through collective bargaining, to the extent required under
article fourteen of the civil service law. The plan most recently
accepted by the commissioner pursuant to this section shall remain in
effect until a subsequent plan is agreed to by the parties and reviewed
by the commissioner to determine compliance with the requirements of
this section. Each school district and board of cooperative educational
services shall certify annually to the commissioner that they have fully
implemented the plan most recently accepted by the commissioner.