senate Bill S7792

Signed by Governor

Provides for the public disclosure of the final quality ratings and composite effectiveness scores of teachers and building principals

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
view actions

actions

  • 18 / Jun / 2012
    • REFERRED TO RULES
  • 21 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1502
  • 21 / Jun / 2012
    • PASSED SENATE
  • 21 / Jun / 2012
    • DELIVERED TO ASSEMBLY
  • 21 / Jun / 2012
    • REFERRED TO EDUCATION
  • 21 / Jun / 2012
    • SUBSTITUTED FOR A10786
  • 21 / Jun / 2012
    • ORDERED TO THIRD READING RULES CAL.466
  • 21 / Jun / 2012
    • PASSED ASSEMBLY
  • 21 / Jun / 2012
    • RETURNED TO SENATE
  • 22 / Jun / 2012
    • DELIVERED TO GOVERNOR
  • 25 / Jun / 2012
    • SIGNED CHAP.68

Summary

Provides for the public disclosure of the final quality ratings and composite effectiveness scores of teachers and building principals.

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Bill Details

See Assembly Version of this Bill:
A10786
Versions:
S7792
Legislative Cycle:
2011-2012
Law Section:
Education Law
Laws Affected:
Amd §3012-c, Ed L

Sponsor Memo

BILL NUMBER:S7792

TITLE OF BILL:

An act to amend the education law, in relation to requiring public
disclosure of the results of annual professional performance reviews of
teachers and principals

PURPOSE:

This bill would require public disclosure of the new Annual Professional
Performance Reviews ("APPRs") of teachers and principals (L. 2012, ch.
21).

SUMMARY OF PROVISIONS:

Section 1 would amend Education Law § 3012-c by adding a new subdivision
10 that would:

o Require school districts and boards of cooperative educational
services ("BOCES") to fully disclose and release to the public and the
department the final quality--Highly Effective, Effective, Developing
and Ineffective, or "HEDI" ratings and composite effectiveness scores--
the 0-100 point system to determine the final HEDI rating--from the
annual professional performance reviews of its teachers and principals.

o Require the Commissioner of Education to fully disclose APPR data on
its website and by other means to make such data widely available to the
public. This APPR data must be suitable for research, analysis and
comparison and shall include, but not be limited to:

- the final HEDI ratings and composite effectiveness scores by school
district for principal evaluation data, by school building for teacher
evaluation data and, within each district and school building, by class,
subject and grade;

- final HEDI ratings and composite effectiveness scores by region,
district wealth, district need category, student enrollment, type of
school (i.e. elementary, middle and high school), student need (e.g.,
poverty level), and district spending;

- final HEDI ratings and composite effectiveness scores by the percent-
age or number of teachers and principals in each rating category, moving
to a higher rating category than the previous year, moving to a lower
rating category than the previous year, and retained in each rating
category; and

- data on tenure granting and denial based on the final HEDI rating
categories.

o Require school districts and BOCES to fully disclose and release to
the parents and legal guardians of a student, in any manner, including
by phone or in person, the final HEDI rating and composite effectiveness
score for each of the teachers and for the principal of the school
building to which the student is assigned for the current school year
upon the request of such parents and legal guardians. Districts would
also be required to:

- give all parents and legal guardians conspicuous notice of their right
to obtain this information;

- explain the scoring ranges for the HEDI ratings to parents and legal
guardians orally or in writing;

- offer parents and legal guardians opportunities to understand the
scores in the context of teacher evaluation and student performance; and

- make reasonable efforts to verify that any review request is a bona
fide request by a parent or guardian entitled to review and receive the
requested data.

o Require the State Education Department ("SED") and each school
district and BOCES to ensure that any public release of APPR data,
including APPR component data, does not contain personally identifying
information for any teacher or principal (without impairing the APPR
review rights of parents and legal guardians) and provide that individ-
ual APPR results are not subject to release pursuant to Article 6 of the
Public Officers Law; and

o Ensure that SED can collect the data and materials it needs to meet
its Race to the Top obligations and carry out its other functions and
duties.

These provisions would apply to the new APPR systems being implemented
by districts pursuant to L. 2012, ch. 21.

Section 2 would provide for a July 1, 2012 effective date.

PURPOSE:

Section 3012-c of the Education Law, as amended by L. 2012, ch. 21,
requires school districts and BOCES to conduct APPRs for teachers and
principals.

JUSTIFICATION:

The enhanced APPR, also known as the teacher and principal evaluation
system law, created a tool to improve teaching and learning in the
classroom, as well as principal leadership, by providing an accountabil-
ity system for student achievement and targeted professional development
that will strengthen teacher and principal effectiveness.

The teacher and principal evaluation system offers an opportunity for
parents and the general public to assess how schools across New York are
performing. Accordingly, this legislation would require school districts
and BOCES to fully disclose their APPR results to the public and require
SED to post and make widely available important data that will allow the
public to analyze and compare how schools are performing. School
districts and BOCES would also be required to fully disclose to parents
and legal guardians the final HEDI ratings and composite evaluation
scores of the teachers and principals to which their student is
assigned.

This legislation would protect the rights of parents and the public to
access information about how the teachers, principals and schools
charged with educating New York's children are performing, while also
respecting teacher and principal privacy.

LEGISLATIVE HISTORY:

This is a new bill.

BUDGET IMPLICATIONS:

This legislation has no fiscal implications for the state.

EFFECTIVE DATE:

The bill would take effect July 1, 2012 and would, therefore, apply to
teacher and principal evaluation systems being implemented under the new
teacher and principal evaluation system pursuant to L. 2012, ch. 21.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7792

                            I N  S E N A T E

                              June 18, 2012
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Rules

AN ACT to amend the education  law,  in  relation  to  requiring  public
  disclosure  of  the results of annual professional performance reviews
  of teachers and principals

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 3012-c of the education law is amended by adding a
new subdivision 10 to read as follows:
  10. EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES
SHALL FULLY DISCLOSE AND RELEASE TO THE PUBLIC AND  THE  DEPARTMENT  THE
FINAL QUALITY RATINGS AND COMPOSITE EFFECTIVENESS SCORES FROM THE ANNUAL
PROFESSIONAL  PERFORMANCE  REVIEWS  OF  ITS  TEACHERS  AND PRINCIPALS AS
PROVIDED IN THIS SUBDIVISION.
  A. THE COMMISSIONER  SHALL  FULLY  DISCLOSE  PROFESSIONAL  PERFORMANCE
REVIEW  DATA  FOR  TEACHERS  AND  PRINCIPALS IN EACH SCHOOL DISTRICT AND
BOARD OF COOPERATIVE EDUCATIONAL SERVICES ON THE DEPARTMENT WEBSITE  AND
IN  ANY  OTHER  MANNER TO MAKE SUCH DATA WIDELY AVAILABLE TO THE PUBLIC.
SUCH DATA SHALL BE SUITABLE FOR RESEARCH,  ANALYSIS  AND  COMPARISON  OF
PROFESSIONAL  PERFORMANCE  REVIEW DATA FOR TEACHERS AND PRINCIPALS. SUCH
PUBLIC DISCLOSURE SHALL INCLUDE BUT NOT BE LIMITED TO THE FINAL  QUALITY
RATINGS  AND COMPOSITE EFFECTIVENESS SCORES BY SCHOOL DISTRICT FOR PRIN-
CIPAL EVALUATION DATA, BY SCHOOL BUILDING FOR  TEACHER  EVALUATION  DATA
AND,  WITHIN  EACH  DISTRICT  AND SCHOOL BUILDING, BY CLASS, SUBJECT AND
GRADE; FINAL QUALITY  RATINGS  AND  COMPOSITE  EFFECTIVENESS  SCORES  BY
REGION,  DISTRICT  WEALTH,  DISTRICT  NEED CATEGORY, STUDENT ENROLLMENT,
TYPE OF SCHOOL (I.E.  ELEMENTARY, MIDDLE AND HIGH SCHOOL), STUDENT  NEED
(E.G.,  POVERTY LEVEL), AND DISTRICT SPENDING; FINAL QUALITY RATINGS AND
COMPOSITE EFFECTIVENESS SCORES BY THE PERCENTAGE OR NUMBER  OF  TEACHERS
AND PRINCIPALS IN EACH FINAL QUALITY RATING CATEGORY, MOVING TO A HIGHER
RATING CATEGORY THAN THE PREVIOUS YEAR, MOVING TO A LOWER RATING CATEGO-
RY  THAN  THE  PREVIOUS  YEAR, AND RETAINED IN EACH RATING CATEGORY; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12167-01-2

S. 7792                             2

DATA ON TENURE GRANTING AND DENIAL BASED ON  THE  FINAL  QUALITY  RATING
CATEGORIES.
  B.  EACH SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES
SHALL FULLY DISCLOSE AND RELEASE TO THE PARENTS AND LEGAL GUARDIANS OF A
STUDENT THE FINAL QUALITY RATING AND COMPOSITE EFFECTIVENESS  SCORE  FOR
EACH  OF  THE  TEACHERS  AND FOR THE PRINCIPAL OF THE SCHOOL BUILDING TO
WHICH THE STUDENT IS ASSIGNED FOR  THE  CURRENT  SCHOOL  YEAR  UPON  THE
REQUEST  OF SUCH PARENTS AND LEGAL GUARDIANS. THE GOVERNING BODY OF EACH
SCHOOL DISTRICT AND BOARD  OF  COOPERATIVE  EDUCATIONAL  SERVICES  SHALL
PROVIDE  CONSPICUOUS  NOTICE TO PARENTS AND LEGAL GUARDIANS OF THE RIGHT
TO OBTAIN SUCH INFORMATION. PARENTS AND LEGAL GUARDIANS MAY  REVIEW  AND
RECEIVE  SUCH DATA IN ANY MANNER, INCLUDING BY PHONE OR IN PERSON; SHALL
RECEIVE AN ORAL OR WRITTEN EXPLANATION OF  THE  COMPOSITE  EFFECTIVENESS
SCORING  RANGES  FOR FINAL QUALITY RATINGS; AND BE OFFERED OPPORTUNITIES
TO UNDERSTAND SUCH SCORES IN  THE  CONTEXT  OF  TEACHER  EVALUATION  AND
STUDENT  PERFORMANCE.    REASONABLE EFFORTS SHALL BE MADE TO VERIFY THAT
ANY SUCH REQUEST IS A BONA FIDE REQUEST BY A PARENT OR GUARDIAN ENTITLED
TO REVIEW AND RECEIVE SUCH DATA PURSUANT TO THIS PARAGRAPH.
  C. THE DEPARTMENT AND EACH SCHOOL DISTRICT AND  BOARD  OF  COOPERATIVE
EDUCATIONAL  SERVICES  SHALL  ENSURE  THAT  ANY RELEASE TO THE PUBLIC OF
ANNUAL PROFESSIONAL PERFORMANCE REVIEW DATA, OR ANY OTHER DATA  THAT  IS
USED AS A COMPONENT OF ANNUAL PROFESSIONAL PERFORMANCE REVIEWS, DOES NOT
INCLUDE PERSONALLY IDENTIFYING INFORMATION FOR ANY TEACHER OR PRINCIPAL,
PROVIDED,  HOWEVER,  THAT  NOTHING SHALL IMPAIR THE RIGHT OF PARENTS AND
LEGAL GUARDIANS TO REVIEW AND  RECEIVE  THE  FINAL  QUALITY  RATING  AND
COMPOSITE  EFFECTIVENESS  SCORE OF INDIVIDUAL TEACHERS AND PRINCIPALS AS
PROVIDED  IN  PARAGRAPH  B  OF  THIS  SUBDIVISION.  ANNUAL  PROFESSIONAL
PERFORMANCE  REVIEWS  OF INDIVIDUAL TEACHERS AND PRINCIPALS SHALL NOT BE
SUBJECT TO DISCLOSURE PURSUANT TO ARTICLE SIX  OF  THE  PUBLIC  OFFICERS
LAW.
  D.  NOTHING  IN  THIS  SUBDIVISION  SHALL PROHIBIT THE DEPARTMENT FROM
COLLECTING SUCH DATA AND MATERIALS FROM SCHOOL DISTRICTS AND  BOARDS  OF
COOPERATIVE  EDUCATIONAL SERVICES AS IS NECESSARY TO CARRY OUT ITS FUNC-
TIONS AND DUTIES, INCLUDING ITS RESPONSIBILITIES RELATED TO THE  FEDERAL
RACE TO THE TOP PROGRAM.
  S 2. This act shall take effect July 1, 2012.

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