| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| May 27, 2010 |
referred to education |
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Senate Bill S7987
2009-2010 Legislative Session
Relates to the powers and duties of BOCES, the operation and management of and enrollment at charter schools, and increasing the cap on the total number of charter schools
download bill text pdfSponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - In Senate Committee Education Committee
- 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
Actions
2009-S7987 (ACTIVE) - Details
- Current Committee:
- Senate Education
- Law Section:
- Education Law
- Laws Affected:
- Amd Ed L, generally
2009-S7987 (ACTIVE) - Summary
Relates to the powers and duties of boards of cooperative educational services, to the operation and management of and enrollment at charter schools, and to increasing the cap on the total number of charter schools in the state to four hundred sixty (Part A); enacts provisions relating to evaluation of teachers and principals (Part B).
2009-S7987 (ACTIVE) - Sponsor Memo
BILL NUMBER:S7987
TITLE OF BILL:
An act to amend the education law, in relation to the powers and
duties of boards of cooperative educational services, to the operation
and management of and enrollment at charter schools, and to increasing
the cap on the total number of charter schools in the state to four
hundred sixty (Part A); and to amend the education law, in relation to
the evaluation of teachers and principals (Part B)
PURPOSE:
To enhance the operation of charter schools implement a profession
teacher and principal evaluation system and increase New York's
competitive advantage in its application of funding pursuant to the
federal Race to the Top application.
SUMMARY OF PROVISIONS:
PART A
Section 1: Authorizes boards of cooperative educational services
(BOCES) to provide services to charter schools on a non-aidable basis.
Section 2: Requires charter school applicants to specify a procedure
for publicizing and conducting board meetings at the charter school.
Section 3: Establishes that the duration of a charter shall be 5
instructional years, in addition to the time between the approval of
the charter and the opening of the school for instruction.
Section 4: Requires the code of ethics articulated in the charter
school application to include standards regarding conflicts of
interest, in accordance with the requirements for traditional public
school boards under sections 801-806 of the General Municipal Law.
Section 5: Requires charter schools applying for renewal to
demonstrate the steps they have taken to recruit and retain students
at risk of educational failure and requires that the information be
included in renewal deliberations.
Section 6: Raises the cap on the number of charter schools from 200 to
460 to be shared between SUNY, the Board of Regents and local school
districts; and establishes that revoked charters will no longer count
against the cap.
Section 7: Establishes that the duration of a charter shall be five
instructional years, in addition to the time between the approval of
the charter and the opening of the school for instruction.
Section 8: Permits authorizing entities to grant approval for the
board of a single charter school to offer a single grade at multiple
sites, with each additional site counted against the cap; authorizes
charter schools to offer special education services at an alternative
site, that would not count against the cap.
Section 9: Authorizes charter schools to contract with one another to
provide special education services; authorizes charter schools to
offer special education services at an alternative site, that would
not count against the cap.
Section 10: Authorizes charter schools to contract with one another to
provide special education services; authorizes charter schools to
offer education services at an alternative site, that would not count
against the cap.
Section 11: Applies the same conflict of interest provisions and code
of ethics to charter board members, officers, and charter school
employees as apply to officers, board members and employees of public
school districts.
Section 11-a: Authorizes the Comptroller to audit school districts at
his/her discretion.
Section 12: Directs the commissioner of education to create a common
student application for all charter schools and that such applications
be made available in languages predominant in the local community.
Directs the Commissioner to promulgate regulations to ensure that all
admission lotteries are conducted in a transparent and equitable
manner. Requires that such lotteries be held in a manner consistent
with public officers law. Clarifies that a charter school may focus
its services on students in need of special assistance, including
English language learners and students with disabilities. Allows for
admission to oversubscribed charter schools without an open lottery
for students with disabilities and students who are English language
learners. Designates the district of location for charter high schools
in the city of New York as the city district, not the community school
district. Authorizes kindergarten through eighth grade schools in the
city of New York to use the enrollment process for zoned schools, at
the discretion of the school. Requires that charter schools which are
found to be serving less than 50% of the population of students with
disabilities and English language learners represented in the school
district of location to automatically admit students in these
subgroups outside the lottery until all applicants are admitted or
they population reaches 75%.
Section 13: Requires charter schools to make their annual reports more
widely available to the public through posting on the school's
website, distribution to the local newspapers and availability at
charter school board meetings. Requires charter school annual reports
to include information regarding the charter school's efforts to
recruit and retain high-need students during the previous school year
and their plans to attract, recruit and retain such students in the
coming year.
Section 14: Requires the annual Education Department charter school
report to include the number of charter schools that were closed in
the prior year and the reason for their closing.
Section 15: Requires the Board of Regents to conduct an annual review
of charter school best practices and make such information available
to public school districts.
Section 16: Authorizes Boards of Education to contract with
educational management organizations to assist in the turn-around of
persistently low-achieving schools. Requires the Department to
establish a list of qualified management organizations for districts
to partner with.
Section 17: Establishes the severability clause.
Section 18: Establishes the effective date.
PART B
Section one of the bill would add a new §3012-c of the Education law,
establishing the requirements for new, more rigorous annual
professional performance reviews (APPRs) of classroom teachers and
building principals.
The new §3012-c would provide for a phase-in of the new comprehensive
evaluation system, beginning for certain teachers and principals in
grades 4B in the 2011-2012 school year. The evaluations would generate
a single composite effectiveness score based on multiple measures of
effectiveness and would have to be made a significant factor in
employment decisions, including but not limited to, promotion,
retention, tenure determination, termination, and supplemental
compensation, as well as teacher and principal professional
development (including coaching, induction support and differentiated
professional development).
The phase-in would provide for an orderly process under which the new
evaluation process will first apply to teachers in common branch
subjects or English language arts (ELA) or mathematics, for whom the
grades 3-8 state assessments are available for use in measuring
student growth and their principals, and then be expanded out to all
teachers and principals. As the requirements are phased in,
evaluations of teachers and principals will be required to base 40a of
the composite effectiveness score on student achievement measures. In
addition, the percentage of the 401 that must be based on student
growth will increase when the state implements a value-added growth
model. An advisory committee would be established so that input is
received from practitioners in the field as standards are developed
for teachers of subjects for which there are no state assessments in
multiple years (and their principals). Specifically, the phase-in
would be as follows:
* In 2011-2012, only teachers in grades 4-B common branch subjects and
ELA and math and the principals of their schools will be subject to
the new evaluation standards. These are the grades and subjects in
which state assessments have been in place. Forty percent of their
evaluation must be based on student achievement measures, including
20% based on student growth on the state assessments or other measures
of student growth prescribed by the state, and 20% based on student
growth on the state assessments or other measures of student growth
prescribed by the state, and 20% based on other rigorous and
comparable measures of student achievement that are locally
established consistent with standards prescribed in commissioner's
regulations, with student performance in the 2010-2011 school year
used as the baseline. The remaining 60% of the score must be based on
other locally selected measures, developed through Collective
bargaining, consistent with standards prescribed in commissioner's
regulations.
* In 2012-2013, the new evaluation standards become applicable to all
classroom teachers and building principals. If the Regents have not
adopted a value-added growth model for the 2012-2013 school year, all
teachers become subject to the requirement that applied to common
branch and ELA and math teachers in grades 4-8 in 2011-2012: 40% of
their evaluation must be based on student achievement measures,
including 20% based on student growth on the state assessments or
other measures of student growth prescribed by the state, and 20%
based on other rigorous and comparable measures of student achievement
that are locally established consistent with commissioner's
regulations, with student performance in the 2011-2012 school year
used as the baseline. The remaining 60% of the score must be based on
other locally selected measures, developed through collective
bargaining, consistent with the standards prescribed in commissioner's
regulations.
* Commencing in the first school year for which the Regents have
adopted a value-added growth model, which can be as early as
2012-2013, the percentage of the evaluation that must be based on
state assessment measures of student growth increases from 20% to 25%.
In addition, the new §3012-c would;
* Require that appropriate training be provided to each individual
responsible for conducting an evaluation of a teacher or building
principal pursuant to the revised APPR.
* Establish in statute requirements for teacher or principal
improvement plans that must be developed for any teacher or principal
who receives a rating of "developing" or "ineffective," including:
identification of needed areas of improvement; timeline for achieving
improvement; the manner in which improvement will be assessed; and,
where appropriate, differentiated activities to support improvement in
those areas.
* Require a locally established appeals procedure in each school
district or BOCES under which the employee may only challenge the
substance of the APPR, the district's or BOCES' adherence to the
standards and methodologies for such reviews, adherence to the
commissioner's regulations and locally negotiated procedures, and the
issuance or implementation of a teacher or principal improvement plan.
* Require the Department to consult with an advisory committee
(consisting of representatives of teachers, principals,
superintendents, school boards, school district and BOCES officials,
and other interested parties).
* Prior to recommending that the Board of Regents approve use of a
value-added growth model in evaluations; and
* In developing regulations for the APPR.
* For purposes of disciplinary proceedings under §3020 and §3020-a,
define a "pattern of ineffective teaching or performance" as two
consecutive annual ratings of "ineffective."
* Require that all collective bargaining agreements for teachers and
building principals entered into after July 1, 2010, be consistent
with these new provisions. Provides that any conflicting provisions of
collective bargaining agreements in effect on' July 1, 2010. are not
abrogated and remain in effect until there is a successor agreement.
Preserves the right of local collective bargaining representatives to
negotiate evaluation procedures with a school district or BOCES per
the Civil Service Law.
Section 2 of the bill would amend Education Law §3020, on contractual
alternatives to tenured teacher hearing procedures under §3020-a, to
require that collective bargaining agreements with contractual
alternatives that become effective after July 1, 2010, provide for an
expedited hearing process before a single hearing officer on charges
of incompetence based upon a pattern of ineffective teaching and
provided that a pattern of ineffective teaching shall constitute very
significant evidence of incompetence which may form the basis for just
cause removal.
Section 3 of the bill would amend Education Law 53020-a(2)(c) to
remove the employee's option for either a three-member panel or a
single hearing officer where the charges of a pattern of incompetence
are based solely upon a pattern of ineffective teaching.
Section 4 of the bill would amend Education Law §3020-a(3)(a) to
require the commissioner to notify the employing board and the
employee of the hearing officer's record in his or her last five cases
commencing and completing hearings in a timely manner.
Section 5 of the bill would add a new subparagraph (1-a) to §3020-a(3)
(c) to provide for an expedited hearing under §3020-a where charges of
incompetence are brought based upon a pattern of ineffective teaching
or performance. As with the contractual alternatives, the bill
provides that a pattern of ineffective teaching or performance
constitutes very significant evidence of incompetence, which may form
the basis for just cause removal of a teacher or building principal.
The charges in such an expedited hearing would be required to allege
that the employing board developed and implemented a teacher or
principal improvement plan for the employee following the first rating
of "ineffective" and in the preceding evaluation if the teacher was
rated "developing" in that year.
Under the expedited hearing process:
* The hearing must be completed within 60 days after the pre-hearing
conference, with limitations on adjournments. o The hearing would be
held before a single hearing officer.
* The hearing would have to be commenced 7 days after the pre-hearing
conference.
* The hearing officer would be required to establish a schedule for
the hearing at the pre-hearing conference to ensure compliance with
the 60-day timeline and to ensure equitable distribution of days
between the employing board and the employee.
* Hearing officers would be authorized to grant an adjournment that
would extend the hearing 60 days only if it is limited to
circumstances beyond the control of the requesting party and an
injustice would result if no adjournment is granted.
* The commissioner would be authorized to enforce the time limitations
for such expedited hearings by removing hearing officers who
demonstrate a continued failure to commence and complete expedited
hearings in a timely manner from the list of hearing officers
available for appoint meant to serve in such expedited hearings.
EXISTING LAW:
Under current law:
* BOCES are not authorized to contract with charter schools.
* The duration of a charter agreement is five years from the date of
approval or renewal.
* There is no requirement that charter school board meetings be held
at the site of the charter school.
* There are no statutory conflict of interest or financial disclosure
requirements for charter board members, staff, officers or employees,
only those laid out in the charter agreement.
* There is no specific statutory consideration of the efforts to
educate students with disabilities and English language learners in
the charter renewal process.
* The number of startup charter schools in New York State is limited
to 200.
* The SUNY Board of Trustees is authorized to approve 100 charters
while the Regents and local districts are authorized to authorize an
additional 100 in total.
* Once a charter is issued, it continues to count against the cap of
200 even if revoked.
* A single charter school board is prohibited from offering a single
grade at more than one site.
* Charter schools cannot collaboratively offer special
education services, nor can they designate sites in non
special education schools as special education sites.
* Each charter school is authorized to establish their own
application and oversee their own lottery process.
* There are no specific requirements regarding the publishing and
distribution of charter school annual reports.
* Charter schools are required to make a "good faith" effort to
recruit high need students, including students with disabilities and
English language learners.
* Boards of education are not authorized to contract with educational
management organizations.
JUSTIFICATION:
To date, charter schools in New York have largely succeeded in
providing access to high-quality, public education, primarily serving
low income students in urban areas. New York has a strong reputation
for high standards of accountability and rigorous authorization. This
legislation would build on that reputation by increasing charter
school oversight and accountability. This increased oversight would
extend to not only financial oversight, but also ,operational and
management oversight, which would allow the best practices of charters
schools to be shared and replicated, and any inappropriate practices
to be identified and eliminated.
This legislation would also enhance the public's confidence in charter
schools by requiring charter board members to meet the same conflict
of interest and ethical obligations as traditional school board
members, and establishing uniformity and oversight in t.he lottery and
application process.
For educational opportunities to continue to improve for all students
in New York, it is important that we not only continue to make school
choice opportunities available to students, but also that we allow
school districts the opportunity to access all possible resources to
assist them in their endeavors. Enactment of this legislation would
not only increase educational opportunities for children, but would
also enhance the competitiveness of New York State in Phase II of the
federal Race to the Top competition and allow low achieving school
districts to access hundreds of millions of dollars in federal Title I
school improvement grant funding to aid in their turnaround plans.
This bill would enact a comprehensive statewide system of teacher and
principal evaluation that measures teacher and principal effectiveness
in a sophisticated way that makes student performance a major factor
in the evaluation. The bill would require that the evaluation be based
on multiple measures of effectiveness, but that objective data on
student growth and other measures of student achievement constitute
400 of the composite effectiveness score of the teacher or principal.
The remaining GO% would be locally developed measures that would
include classroom observations and other measures of teacher
performance. Rather than provide for an automatic rating of
ineffectiveness based on student assessment data, this allows for an
evaluation that takes into account all factors bearing on teacher or
Principal performance.
LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
This bill would make New York more competitive for additional federal
funding available in the Race to the Top grant pursuant to the
American Recovery and Reinvestment Act of 2009.
LOCAL FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
PART A: This act shall take effect immediately; provided however that
sections three, even and eight shall take effect July 1, 2010 and
sections five, twelve, thirteen, fourteen and fifteen, shall take
effect January 1, 2011.
PART B: Immediate, provided that sections 1 through 5 take effect July
1, 2010.
2009-S7987 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
7987
I N S E N A T E
May 27, 2010
___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Education
AN ACT to amend the education law, in relation to the powers and duties
of boards of cooperative educational services, to the operation and
management of and enrollment at charter schools, and to increasing the
cap on the total number of charter schools in the state to four
hundred sixty (Part A); and to amend the education law, in relation to
the evaluation of teachers and principals (Part B)
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act enacts into law major components of legislation
which are necessary to enact this chapter of the laws of 2010. Each
component is wholly contained within a Part identified as Parts A
through B. The effective date for each particular provision contained
within such Part is set forth in the last section of such Part. Any
provision in any section contained within a Part, including the effec-
tive date of the Part, which makes reference to a section "of this act",
when used in connection with that particular component, shall be deemed
to mean and refer to the corresponding section of the Part in which it
is found. Section three of this act sets forth the general effective
date of this act.
PART A
Section 1. Paragraph h of subdivision 4 of section 1950 of the educa-
tion law is amended by adding a new subparagraph 8 to read as follows:
(8) TO ENTER INTO CONTRACTS WITH CHARTER SCHOOLS AUTHORIZED BY ARTICLE
FIFTY-SIX OF THIS CHAPTER TO PROVIDE SERVICES AS AUTHORIZED BY THIS
SECTION.
S 2. Paragraph (c) of subdivision 2 of section 2851 of the education
law, as added by chapter 4 of the laws of 1998, is amended to read as
follows:
(c) The proposed governance structure of the school, including a list
of members of the initial board of trustees, a description of the quali-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17558-02-0
S. 7987 2
fications, terms and method of appointment or election of trustees, the
organizational structure of the school, A PROCEDURE FOR CONDUCTING AND
PUBLICIZING REGULAR BOARD OF TRUSTEE MEETINGS AT EACH CHARTER SCHOOL,
and the processes to be followed by the school to promote parental and
staff involvement in school governance.
S 3. Paragraph (p) of subdivision 2 of section 2851 of the education
law, as added by chapter 4 of the laws of 1998, is amended to read as
follows:
(p) The term of the proposed charter, which shall not exceed five
SCHOOL years IN WHICH INSTRUCTION IS PROVIDED TO PUPILS, PLUS THE PERIOD
COMMENCING WITH THE EFFECTIVE DATE OF THE CHARTER AND ENDING WITH THE
OPENING OF THE SCHOOL FOR INSTRUCTION.
S 4. Paragraph (v) of subdivision 2 of section 2851 of the education
law, as added by chapter 4 of the laws of 1998, is amended to read as
follows:
(v) A code of ethics for the charter school, setting forth for the
guidance of its trustees, officers and employees the standards of
conduct expected of them INCLUDING STANDARDS WITH RESPECT TO DISCLOSURE
OF CONFLICTS OF INTEREST REGARDING ANY MATTER BROUGHT BEFORE THE BOARD
OF TRUSTEES. SUCH CODE OF ETHICS SHALL INCLUDE BUT SHALL NOT BE LIMITED
TO COMPLIANCE WITH THE PROVISIONS OF SECTIONS EIGHT HUNDRED, EIGHT
HUNDRED ONE, EIGHT HUNDRED TWO, EIGHT HUNDRED THREE, EIGHT HUNDRED FOUR,
EIGHT HUNDRED FOUR-A, EIGHT HUNDRED FIVE, EIGHT HUNDRED FIVE-A, EIGHT
HUNDRED FIVE-B AND EIGHT HUNDRED SIX OF THE GENERAL MUNICIPAL LAW TO THE
SAME EXTENT SUCH SECTIONS APPLY TO SCHOOL DISTRICTS.
S 5. Subdivision 4 of section 2851 of the education law is amended by
adding a new paragraph (e) to read as follows:
(E) A DEMONSTRATION OF THE EFFORTS TO BE TAKEN BY THE CHARTER SCHOOL
TO ATTRACT AND RETAIN HIGH-NEED STUDENTS, INCLUDING STUDENTS AT RISK OF
EDUCATIONAL FAILURE OR STUDENTS WHO ARE OTHERWISE IN NEED OF SPECIAL
ASSISTANCE AND SUPPORT WHICH SHALL BE CONSIDERED BY THE CHARTER ENTITY
PRIOR TO APPROVING AN APPLICATION FOR RENEWAL OF A CHARTER.
S 6. Subdivision 9 of section 2852 of the education law, as amended by
section 2 of part D-2 of chapter 57 of the laws of 2007, is amended to
read as follows:
9. The total number of charters issued pursuant to this article shall
not exceed [two] FOUR hundred SIXTY. [One] TWO hundred THIRTY of such
charters shall be issue on the recommendation of the charter entity
described in paragraph (b) of subdivision three of section twenty-eight
hundred fifty-one of this article, and [one] TWO hundred THIRTY of such
charters shall be issued on the recommendation of the other charter
entities set forth in subdivision three of section twenty-eight hundred
fifty-one of this article, provided that up to [fifty] ONE HUNDRED
FIFTEEN of the additional charters authorized to be issued by the chap-
ter of the laws of two thousand [seven] TEN which amended this subdivi-
sion [effective July first, two thousand seven] shall be reserved for a
city school district of a city having a population of one million or
more. The failure of any body to issue the regulations authorized pursu-
ant to this article shall not [effect] AFFECT the authority of a charter
entity to propose a charter to the board of regents or the board of
regents' authority to grant such charter. A conversion of an existing
public school to a charter school or the renewal or extension of a char-
ter shall not be counted toward the numerical limits established by this
subdivision. UPON REVOCATION OR TERMINATION OF A CHARTER, SUCH CHARTER
SHALL NO LONGER COUNT TOWARD THE NUMERICAL LIMITS ESTABLISHED BY THIS
SUBDIVISION.
S. 7987 3
S 7. Paragraph (a) of subdivision 1 of section 2853 of the education
law, as added by chapter 4 of the laws of 1998, is amended to read as
follows:
(a) Upon the approval of a charter by the board of regents, the board
of regents shall incorporate the charter school as an education corpo-
ration for a term not to exceed five SCHOOL years IN WHICH INSTRUCTION
IS PROVIDED TO PUPILS, PLUS THE PERIOD COMMENCING WITH THE EFFECTIVE
DATE OF THE CHARTER AND ENDING WITH THE OPENING OF THE SCHOOL FOR
INSTRUCTION. Such certificate of incorporation shall not modify or
limit any terms of the charter approved by the board of regents. Upon
approval of an application to renew a charter, the board of regents
shall extend the certificate of incorporation for a term not to exceed
five SCHOOL years, PLUS THE PERIOD, IF ANY, COMMENCING WITH THE EFFEC-
TIVE DATE OF THE RENEWAL CHARTER AND ENDING WITH THE FIRST DAY OF THE
FIRST FULL SCHOOL YEAR IN WHICH INSTRUCTION IS PROVIDED UNDER THE
RENEWAL. Upon termination or nonrenewal of the charter of a charter
school pursuant to section twenty-eight hundred fifty-five of this arti-
cle, the certificate of incorporation of the charter school shall be
revoked by the board of regents pursuant to section two hundred nineteen
of this chapter, provided that compliance with the notice and hearing
requirements of such section twenty-eight hundred fifty-five of this
article shall be deemed to satisfy the notice and hearing requirements
of such section two hundred nineteen. It shall be the duty of the trus-
tees of the charter school to obtain federal tax-exempt status no later
than one year following approval of a charter school by the board of
regents. For purposes of this article, "certificate of incorporation"
shall mean the provisional charter issued by the board of regents to
form the charter school as an educational corporation pursuant to
sections two hundred sixteen and two hundred seventeen of this chapter.
S 8. Paragraph (b-1) of subdivision 1 of section 2853 of the education
law, as added by chapter 4 of the laws of 1998, is amended to read as
follows:
(b-1) An education corporation operating a charter school shall not be
authorized to operate more than one school [or] BUT MAY BE AUTHORIZED TO
house any grade at more than one site[, provided that: (A) a]. A CHAR-
TER SCHOOL HOUSING TWO OR MORE GRADES AT MORE THAN ONE SITE SHALL HAVE
EACH SUCH ADDITIONAL SITE DEEMED A CHARTER ISSUED FOR THE PURPOSES OF
SUBDIVISION NINE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-TWO OF THIS ARTI-
CLE. NOTWITHSTANDING ANY OTHER PROVISION OF THIS CHAPTER, APPROVAL OF
REVISIONS TO A CHARTER OR CHARTERS TO AUTHORIZE AN EDUCATION CORPORATION
TO HOUSE ANY GRADE OR GRADES AT MORE THAN ONE SITE, INCLUDING THE MERGER
OR CONSOLIDATION OF EXISTING EDUCATION CORPORATIONS OPERATING CHARTER
SCHOOLS TO A SINGLE EDUCATION CORPORATION, SHALL BE MADE IN ACCORDANCE
WITH PARAGRAPH (A) OF SUBDIVISION SEVEN OF SECTION TWENTY-EIGHT HUNDRED
FIFTY-TWO OF THIS ARTICLE. UPON SUCH MERGER OR CONSOLIDATION, THE
SURVIVING OR CONSOLIDATED EDUCATION CORPORATION, PLUS ANY SUCH ADDI-
TIONAL SITES, SHALL CONTINUE TO EACH BE COUNTED AS A CHARTER ISSUED FOR
THE PURPOSES OF SUBDIVISION NINE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-
TWO OF THIS ARTICLE. IF A CHARTER SCHOOL HAS EMPLOYEES WHO ARE MEMBERS
OF A COLLECTIVE BARGAINING ORGANIZATION PURSUANT TO ARTICLE FOURTEEN OF
THE CIVIL SERVICE LAW THAT MERGES OR CONSOLIDATES WITH A CHARTER SCHOOL
WHOSE EMPLOYEES ARE NOT MEMBERS OF A COLLECTIVE BARGAINING ORGANIZATION,
EMPLOYEES OF THE MERGED OR CONSOLIDATED CHARTER SCHOOL SHALL BE MEMBERS
OF THE COLLECTIVE BARGAINING ORGANIZATION THAT REPRESENTED LIKE POSI-
TIONS, IF ANY, PRIOR TO THE MERGER OR CONSOLIDATION. A charter school
may operate in more than one building at a single site; and [(B)] a
S. 7987 4
charter school which provides instruction to its students at different
locations for a portion of their school day shall be deemed to be oper-
ating at a single site; AND A CHARTER SCHOOL OPERATING AT MORE THAN ONE
SITE BUT WHICH HOUSES EACH GRADE AT A SINGLE SITE OR WHICH IS PROVIDING
SPECIAL EDUCATION PROGRAMS AND SERVICES TO ITS STUDENTS AT DIFFERENT
LOCATIONS PURSUANT TO PARAGRAPH (A) OF SUBDIVISION FOUR OF SECTION TWEN-
TY-EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE SHALL BE DEEMED TO BE OPER-
ATING AT A SINGLE SITE.
S 9. Paragraph (a) of subdivision 4 of section 2853 of the education
law, as amended by chapter 378 of the laws of 2007, is amended to read
as follows:
(a) For purposes of sections seven hundred one, seven hundred eleven,
seven hundred fifty-one and nine hundred twelve of this chapter, a char-
ter school shall be deemed a nonpublic school in the school district
within which the charter school is located. Special education programs
and services shall be provided to students with a disability attending a
charter school in accordance with the individualized education program
recommended by the committee or subcommittee on special education of the
student's school district of residence. The charter school may arrange
to have such services provided by such school district of residence or
by the charter school directly or by contract with another provider,
INCLUDING ANOTHER CHARTER SCHOOL. Where the charter school arranges to
have the school district of residence provide such special education
programs or services, such school district shall provide services in the
same manner as it serves students with disabilities in other public
schools in the school district, including the provision of supplementary
and related services on site to the same extent to which it has a policy
or practice of providing such services on the site of such other public
schools. CHARTER SCHOOLS MAY PROVIDE SUCH SERVICES ON SITE AT THE CHAR-
TER SCHOOL OR ARRANGE TO HAVE SUCH SERVICES PROVIDED BY CONTRACT AT
ANOTHER SITE INCLUDING BY ANOTHER CHARTER SCHOOL. WHERE A CHARTER SCHOOL
PROVIDES OR ARRANGES TO BE PROVIDED SUCH SERVICES AT ANOTHER SITE, IT
SHALL BE DEEMED TO BE OPERATING AT A SINGLE SITE PURSUANT TO PARAGRAPH
(B-1) OF SUBDIVISION ONE OF SECTION TWENTY-EIGHT HUNDRED FIFTY-THREE OF
THIS ARTICLE.
S 10. Paragraph (a) of subdivision 4 of section 2853 of the education
law, as added by chapter 4 of the laws of 1998, is amended to read as
follows:
(a) For purposes of sections seven hundred one, seven hundred eleven,
seven hundred fifty-one and nine hundred twelve of this chapter, a char-
ter school shall be deemed a nonpublic school in the school district
within which the charter school is located. Special education programs
and services shall be provided to students with a disability attending a
charter school in accordance with the individualized education program
recommended by the committee or subcommittee on special education of the
student's school district of residence. The charter school may arrange
to have such services provided by such school district of residence or
by the charter school directly or by contract with another provider,
INCLUDING ANOTHER CHARTER SCHOOL. CHARTER SCHOOLS MAY PROVIDE SUCH
SERVICES ON SITE AT THE CHARTER SCHOOL OR ARRANGE TO HAVE SUCH SERVICES
PROVIDED BY CONTRACT AT ANOTHER SITE INCLUDING BY ANOTHER CHARTER
SCHOOL. WHERE A CHARTER SCHOOL PROVIDES OR ARRANGES TO BE PROVIDED SUCH
SERVICES AT ANOTHER SITE, IT SHALL BE DEEMED TO BE OPERATING AT A SINGLE
SITE PURSUANT TO PARAGRAPH (B-1) OF SUBDIVISION ONE OF SECTION
TWENTY-EIGHT HUNDRED FIFTY-THREE OF THIS ARTICLE.
S. 7987 5
S 11. Subdivision 1 of section 2854 of the education law is amended by
adding a new paragraph (f) to read as follows:
(F) A CHARTER SCHOOL SHALL BE SUBJECT TO THE PROVISIONS OF SECTIONS
EIGHT HUNDRED, EIGHT HUNDRED ONE, EIGHT HUNDRED TWO, EIGHT HUNDRED
THREE, EIGHT HUNDRED FOUR, EIGHT HUNDRED FOUR-A, EIGHT HUNDRED FIVE,
EIGHT HUNDRED FIVE-A, EIGHT HUNDRED FIVE-B AND EIGHT HUNDRED SIX OF THE
GENERAL MUNICIPAL LAW TO THE SAME EXTENT SUCH SECTIONS APPLY TO SCHOOL
DISTRICTS.
S 11-a. Paragraph (c) of subdivision 1 of section 2854 of the educa-
tion law, as amended by chapter 265 of the laws of 2005, is amended to
read as follows:
(c) A charter school shall be subject to the financial audits, the
audit procedures, and the audit requirements set forth in the charter
and shall be subject to audits of the comptroller [as set forth in
section thirty-three of the general municipal law] OF THE STATE OF NEW
YORK AT HIS OR HER DISCRETION. Such procedures and standards shall be
consistent with generally accepted accounting and audit standards. Inde-
pendent fiscal audits shall be required at least once annually.
S 12. Paragraphs (a) and (b) of subdivision 2 of section 2854 of the
education law, as amended by section 5 of part D-2 of chapter 57 of the
laws of 2007, are amended, and a new paragraph (b-1) is added to read as
follows:
(a) A charter school shall be nonsectarian in its programs, admission
policies, employment practices, and all other operations and shall not
charge tuition or fees; provided that a charter school may require the
payment of fees on the same basis and to the same extent as other public
schools. A charter school shall not discriminate against any student,
employee or any other person on the basis of ethnicity, national origin,
gender, or disability or any other ground that would be unlawful if done
by a school. Admission of students shall not be limited on the basis of
intellectual ability, measures of achievement or aptitude, athletic
ability, disability, race, creed, gender, national origin, religion, or
ancestry; provided, however, that nothing in this article shall be
construed to prevent the establishment of a single-sex charter school or
a charter school designed to provide expanded learning opportunities for
students at-risk of academic failure OR PUPILS WHO ARE OTHERWISE IN NEED
OF SPECIAL ASSISTANCE AND SUPPORT, INCLUDING BUT NOT LIMITED TO, PUPILS
WITH DISABILITIES AND PUPILS WHO ARE ENGLISH LANGUAGE LEARNERS; and
provided, further, that the charter school shall demonstrate good faith
efforts to attract and retain a comparable or greater enrollment of
students with disabilities and [limited] English [proficient students]
LANGUAGE LEARNERS when compared to the enrollment figures for such
students in the school district in which the charter school is located.
A charter shall not be issued to any school that would be wholly or in
part under the control or direction of any religious denomination, or in
which any denominational tenet or doctrine would be taught.
(b) Any child who is qualified under the laws of this state for admis-
sion to a public school is qualified for admission to a charter school.
APPLICATIONS FOR ADMISSION TO A CHARTER SCHOOL SHALL BE SUBMITTED ON A
UNIFORM APPLICATION FORM CREATED BY THE DEPARTMENT AND SHALL BE MADE
AVAILABLE BY A CHARTER SCHOOL IN LANGUAGES PREDOMINANTLY SPOKEN IN THE
COMMUNITY IN WHICH SUCH CHARTER SCHOOL IS LOCATED. The school shall
enroll each eligible student who submits a timely application by the
first day of April each year, unless the number of applications exceeds
the capacity of the grade level or building. In such cases, students
shall be accepted from among applicants by a random selection process,
S. 7987 6
provided, however, that an enrollment preference shall be provided to
pupils returning to the charter school in the second or any subsequent
year of operation and pupils residing in the school district in which
the charter school is located, and siblings of pupils already enrolled
in the charter school; PROVIDED FURTHER, HOWEVER, THAT PUPILS WITH DISA-
BILITIES AND PUPILS WHO ARE ENGLISH LANGUAGE LEARNERS SHALL BE PROVIDED
ENROLLMENT PREFERENCE PURSUANT TO PARAGRAPH (B-1) OF THIS SUBDIVISION
AFTER PUPILS RETURNING TO THE CHARTER SCHOOL AND SIBLINGS OF PUPILS
ALREADY ENROLLED IN THE CHARTER SCHOOL. THE COMMISSIONER SHALL ESTABLISH
REGULATIONS TO REQUIRE THAT THE RANDOM SELECTION PROCESS CONDUCTED
PURSUANT TO THIS PARAGRAPH BE PERFORMED IN A TRANSPARENT AND EQUITABLE
MANNER AND TO REQUIRE THAT THE TIME AND PLACE OF THE RANDOM SELECTION
PROCESS BE PUBLICIZED IN A MANNER CONSISTENT WITH THE REQUIREMENTS OF
SECTION ONE HUNDRED FOUR OF THE PUBLIC OFFICERS LAW AND BE OPEN TO THE
PUBLIC. For the purposes of this paragraph and [paragraph] PARAGRAPHS
(a) AND (B-1) of this subdivision, the school district in which the
charter school is located shall mean, for the city school district of
the city of New York, the community district in which the charter school
is located EXCEPT THAT FOR CHARTER HIGH SCHOOLS THE SCHOOL DISTRICT IN
WHICH THE CHARTER SCHOOL IS LOCATED SHALL MEAN THE CITY SCHOOL DISTRICT
OF THE CITY OF NEW YORK. NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVI-
SION, CHARTER SCHOOLS SERVING STUDENTS IN KINDERGARTEN THROUGH EIGHTH
GRADE THAT ARE LOCATED IN THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK SHALL HAVE THE OPTION TO ADOPT THE ENROLLMENT PROCESS USED BY
ZONED, NON-CHARTER SCHOOLS LOCATED IN THE COMMUNITY SCHOOL DISTRICT AND
ZONE IN WHICH THE CHARTER SCHOOL IS LOCATED, PROVIDED THAT THE ENROLL-
MENT PROCESS MANDATES THAT THE SCHOOL SERVE ALL STUDENTS RESIDING IN THE
RELEVANT COMMUNITY SCHOOL DISTRICT AND ZONE UNTIL IT REACHES FULL CAPAC-
ITY AT WHICH POINT IT MAY EMPLOY THE SAME LOTTERY SYSTEM AS ZONED
SCHOOLS.
(B-1) IN THE EVENT THAT THE CHARTER ENTITY OR THE BOARD OF REGENTS,
BASED ON INFORMATION PROVIDED TO THE CHARTER ENTITY OR THE BOARD OF
REGENTS BY THE CHARTER SCHOOL REGARDING THE ENROLLMENT OF PUPILS WITH
DISABILITIES AND PUPILS WHO ARE ENGLISH LANGUAGE LEARNERS, HAS MADE A
DETERMINATION AT ANYTIME AFTER THE SCHOOL'S FIRST YEAR OF OPERATION THAT
THE CHARTER SCHOOL HAS NOT ATTRACTED A PERCENTAGE OF PUPILS FROM EACH OF
THOSE GROUPS IN EACH GRADE OF THE CHARTER SCHOOL IS AT LEAST FIFTY
PERCENT OF THE AVERAGE PERCENTAGE, AS CALCULATED BY THE SCHOOL DISTRICT
WHERE THE CHARTER SCHOOL IS LOCATED, OF PUPILS IN EACH GRADE FROM EACH
OF THOSE GROUPS IN ALL NON-CHARTER PUBLIC SCHOOLS IN THE SCHOOL
DISTRICT, OR, FOR ELEMENTARY AND MIDDLE SCHOOLS LOCATED WITHIN THE CITY
SCHOOL DISTRICT OF THE CITY OF NEW YORK, IN THE COMMUNITY SCHOOL
DISTRICT WHERE THE CHARTER IS LOCATED, STUDENTS SHALL BE ACCEPTED IN
SUBSEQUENT YEARS FROM AMONG APPLICANTS BY THE FOLLOWING PROCESS,
PROVIDED, HOWEVER, IN MAKING THAT DETERMINATION THE BOARD OF REGENTS AND
THE CHARTER ENTITY SHALL TAKE INTO ACCOUNT THE FACILITY CONSTRAINTS IF
ANY THAT AFFECT ENROLLMENT AND SERVICE OF PUPILS WITH DISABILITIES:
(I) FIRST, THE SCHOOL SHALL ACCEPT APPLICATIONS FOR EACH GRADE SUBMIT-
TED BY PUPILS WITH DISABILITIES AND PUPILS WHO ARE ENGLISH LANGUAGE
LEARNERS UNTIL THE PERCENTAGE OF STUDENTS FROM EACH OF THOSE GROUPS IN
EACH GRADE OF THE CHARTER SCHOOL IS AT LEAST SEVENTY-FIVE PERCENT OF THE
AVERAGE PERCENTAGE, AS CALCULATED BY THE SCHOOL DISTRICT WHERE THE CHAR-
TER SCHOOL IS LOCATED, OF STUDENTS IN EACH GRADE FROM EACH OF THOSE
GROUPS IN ALL NON-CHARTER PUBLIC SCHOOLS IN THE SCHOOL DISTRICT, OR, FOR
ELEMENTARY AND MIDDLE SCHOOLS LOCATED WITHIN THE CITY SCHOOL DISTRICT OF
THE CITY OF NEW YORK, IN THE COMMUNITY SCHOOL DISTRICT WHERE THE CHARTER
S. 7987 7
IS LOCATED, OR UNTIL ALL APPLICATIONS SUBMITTED BY STUDENTS WITH AN
INDIVIDUALIZED EDUCATION PROGRAM AND ENGLISH LANGUAGE LEARNERS HAVE BEEN
ACCEPTED. IF ACCEPTING ALL APPLICATIONS SUBMITTED BY PUPILS WITH DISA-
BILITIES AND PUPILS WHO ARE ENGLISH LANGUAGE LEARNERS WOULD CAUSE THE
PERCENTAGE OF SUCH STUDENTS IN ANY GRADE AT THE CHARTER SCHOOL TO EXCEED
SEVENTY-FIVE PERCENT OF THE AVERAGE PERCENTAGE OF PUPILS FROM EACH OF
THOSE GROUPS IN THE SAME GRADE AT THE RELEVANT NON-CHARTER PUBLIC
SCHOOLS, FOR EACH GRADE THE CHARTER SCHOOL SHALL ACCEPT APPLICANTS FROM
EACH OF THOSE GROUPS BY A RANDOM SELECTION PROCESS UNTIL THE PERCENTAGE
OF STUDENTS IN EACH GRADE FROM EACH OF THOSE GROUPS IS EQUAL TO THE
SEVENTY-FIVE PERCENT OF THE PERCENTAGE OF STUDENTS IN EACH GRADE FROM
EACH OF THOSE GROUPS IN THE RELEVANT NON-CHARTER PUBLIC SCHOOLS.
(II) ONCE ALL APPLICATIONS SUBMITTED BY PUPILS WITH DISABILITIES AND
PUPILS WHO ARE ENGLISH LANGUAGE LEARNERS HAVE BEEN ACCEPTED, OR ONCE THE
REQUIRED PERCENTAGE OF STUDENTS FROM THOSE GROUPS IN EACH GRADE HAS BEEN
REACHED AS SET FORTH IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, THE SCHOOL
SHALL ACCEPT STUDENTS FROM AMONG ALL UNACCEPTED APPLICATIONS INCLUDING
APPLICATIONS FROM PUPILS WITH DISABILITIES AND PUPILS WHO ARE ENGLISH
LANGUAGE LEARNERS BY RANDOM SELECTION PROCESS, PROVIDED, HOWEVER, THAT
AN ENROLLMENT PREFERENCE SHALL BE PROVIDED TO PUPILS RETURNING TO THE
CHARTER SCHOOL IN THE SECOND OR ANY SUBSEQUENT YEAR OF OPERATION,
SIBLINGS OF PUPILS ALREADY ENROLLED IN THE CHARTER SCHOOL AND PUPILS
RESIDING IN THE SCHOOL DISTRICT IN WHICH THE CHARTER SCHOOL IS LOCATED.
S 13. Subdivision 2 of section 2857 of the education law, as amended
by section 7 of part D-2 of chapter 57 of the laws of 2007, is amended
to read as follows:
2. Each charter school shall submit to the charter entity and to the
board of regents an annual report. Such report shall be issued no later
than the first day of August of each year for the preceding school year
AND SHALL BE MADE PUBLICLY AVAILABLE BY SUCH DATE AND SHALL BE POSTED ON
THE CHARTER SCHOOL'S AND CHARTER ENTITY'S WEBSITES. The annual report
shall be in such form as shall be prescribed by the commissioner and
shall include at least the following components:
(a) a charter school report card, which shall include measures of the
comparative academic and fiscal performance of the school, as prescribed
by the commissioner in regulations adopted for such purpose. Such meas-
ures shall include, but not be limited to, graduation rates, dropout
rates, performance of students on standardized tests, college entry
rates, total spending per pupil and administrative spending per pupil.
Such measures shall be presented in a format that is easily comparable
to similar public schools. In addition, the charter school shall ensure
that such information is easily accessible to the community INCLUDING
MAKING IT PUBLICLY AVAILABLE BY TRANSMITTING IT TO LOCAL NEWSPAPERS OF
GENERAL CIRCULATION AND MAKING IT AVAILABLE FOR DISTRIBUTION AT BOARD OF
TRUSTEE MEETINGS.
(b) discussion of the progress made towards achievement of the goals
set forth in the charter.
(c) a certified financial statement setting forth, by appropriate
categories, the revenues and expenditures for the preceding school year,
including a copy of the most recent independent fiscal audit of the
school.
(D) EFFORTS TAKEN BY THE CHARTER SCHOOL IN THE EXISTING SCHOOL YEAR,
AND A PLAN FOR EFFORTS TO BE TAKEN IN THE SUCCEEDING SCHOOL YEAR, TO
ATTRACT AND RETAIN HIGH-NEED STUDENTS, INCLUDING STUDENTS AT RISK OF
EDUCATIONAL FAILURE OR STUDENTS WHO ARE OTHERWISE IN NEED OF SPECIAL
ASSISTANCE AND SUPPORT.
S. 7987 8
S 14. Subdivision 3 of section 2857 of the education law is amended
by adding a new paragraph (a-1) to read as follows:
(A-1) A LIST INCLUDING THE NUMBER OF CHARTER SCHOOLS CLOSED DURING THE
PRECEDING YEAR, AND A BRIEF DESCRIPTION OF THE REASONS THEREFOR INCLUD-
ING, BUT NOT LIMITED TO, NON-RENEWAL OF THE CHARTER OR REVOCATION OF THE
CHARTER;
S 15. Section 2857 of the education law is amended by adding a new
subdivision 5 to read as follows:
5. THE BOARD OF REGENTS SHALL, ON AN ANNUAL BASIS, REVIEW AND MAKE
AVAILABLE TO SCHOOL DISTRICTS BEST EDUCATIONAL PRACTICES EMPLOYED BY
CHARTER SCHOOLS.
S 16. The education law is amended by adding a new section 211-e to
read as follows:
S 211-E. EDUCATIONAL MANAGEMENT ORGANIZATIONS. 1. EACH COMMON,
CENTRAL, CENTRAL HIGH SCHOOL, UNION FREE, EXCEPT SPECIAL ACT SCHOOL
DISTRICTS AS DEFINED IN SECTION FOUR THOUSAND ONE OF THIS CHAPTER, AND
CITY SCHOOL DISTRICT SHALL BE AUTHORIZED TO ENTER INTO CONTRACTS WITH
APPROVED EDUCATIONAL MANAGEMENT ORGANIZATIONS FOR THE PURPOSE OF MANAG-
ING INDIVIDUAL SCHOOLS WITHIN THE DISTRICT IN ORDER TO TURN AROUND THE
PERSISTENTLY LOWEST-ACHIEVING SCHOOLS. AUTHORITY OVER EMPLOYMENT DECI-
SIONS SHALL REMAIN THE SOLE RESPONSIBILITY OF THE EMPLOYING BOARD.
CONTRACTS SHALL BE SOLICITED AND AWARDED PURSUANT TO A COMPETITIVE
REQUEST FOR PROPOSALS PROCESS THAT SHALL BE DEVELOPED BY THE BOARD OF
EDUCATION IN CONSULTATION WITH THE SUPERINTENDENT OF SCHOOLS IN ACCORD-
ANCE WITH COMMISSIONER'S REGULATIONS PURSUANT TO SUBDIVISION TWO OF THIS
SECTION. THE REQUEST FOR PROPOSAL PROCESS SHALL INCLUDE MEASURES TO
ENHANCE THE ABILITY OF MINORITY AND WOMEN OWNED BUSINESS ENTERPRISES TO
COMPETE FOR CONTRACTS AND TO ENSURE THEIR MEANINGFUL PARTICIPATION IN
THE PROCESS. FOR THE PURPOSES OF THIS SECTION, THE TERM "BOARD OF EDUCA-
TION" SHALL MEAN THE TRUSTEE, TRUSTEES OR BOARD OF EDUCATION OF ANY
SCHOOL DISTRICT, EXCEPT IN THE CITY SCHOOL DISTRICT OF THE CITY OF NEW
YORK THE TERM "BOARD OF EDUCATION" SHALL MEAN THE PANEL FOR EDUCATION
POLICY AND THE "SUPERINTENDENT OF SCHOOLS" SHALL MEAN THE CHANCELLOR.
2. THE DEPARTMENT SHALL ESTABLISH A LIST OF APPROVED EDUCATIONAL
MANAGEMENT ORGANIZATIONS. IN ESTABLISHING SUCH LIST, THE COMMISSIONER
SHALL MAKE REASONABLE EFFORTS TO ENSURE MINORITY AND WOMEN OWNED BUSI-
NESS ENTERPRISES ARE INCLUDED FOR CONSIDERATION WHERE APPLICABLE. THE
COMMISSIONER SHALL BE AUTHORIZED TO PROMULGATE ANY REGULATIONS NECESSARY
TO IMPLEMENT THE PROVISIONS OF THIS SECTION INCLUDING REGULATIONS FOR
CONSISTENCY AND COMPLIANCE WITH ANY APPLICABLE FEDERAL OR STATE GUIDE-
LINES, INCLUDING THOSE CONTAINED WITHIN THE FEDERAL AMERICAN RECOVERY
AND REINVESTMENT ACT OF 2009.
3. NO CONTRACT ENTERED INTO WITH AN EDUCATIONAL MANAGEMENT ORGANIZA-
TION PURSUANT TO THIS SECTION SHALL BE CONSTRUED TO OVERRIDE OR AMEND
ANY COLLECTIVE BARGAINING AGREEMENT BETWEEN THE SCHOOL DISTRICT AND
COLLECTIVE BARGAINING ORGANIZATION. ANY CHANGES TO THE COLLECTIVE
BARGAINING AGREEMENT OF ANY BARGAINING UNIT DURING THE TERM OF THE
CONTRACT WITH THE EDUCATIONAL MANAGEMENT ORGANIZATION SHALL BE NEGOTI-
ATED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
S 17. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
S. 7987 9
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 18. This act shall take effect immediately; provided, however, that:
a. sections three, seven and eight of this act shall take effect July
1, 2010;
b. sections five, twelve, thirteen, fourteen and fifteen of this act
shall take effect January 1, 2011; and
c. the amendments to paragraph (a) of subdivision 4 of section 2853 of
the education law made by section nine of this act shall be subject to
the expiration and reversion of such paragraph pursuant to subdivision d
of section 27 of chapter 378 of the laws of 2007, as amended, when upon
such date the provisions of section ten of this act shall take effect.
PART B
Section 1. The education law is amended by adding a new section 3012-c
to read as follows:
S 3012-C. ANNUAL PROFESSIONAL PERFORMANCE REVIEW OF CLASSROOM TEACHERS
AND BUILDING PRINCIPALS. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,
RULE OR REGULATION TO THE CONTRARY, THE ANNUAL PROFESSIONAL PERFORMANCE
REVIEWS OF ALL CLASSROOM TEACHERS AND BUILDING PRINCIPALS EMPLOYED BY
SCHOOL DISTRICTS OR BOARDS OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE
CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. SUCH
PERFORMANCE REVIEWS WHICH ARE CONDUCTED ON OR AFTER JULY FIRST, TWO
THOUSAND ELEVEN, OR ON OR AFTER THE DATE SPECIFIED IN PARAGRAPH C OF
SUBDIVISION TWO OF THIS SECTION WHERE APPLICABLE, SHALL INCLUDE MEASURES
OF STUDENT ACHIEVEMENT AND BE CONDUCTED IN ACCORDANCE WITH THIS SECTION.
SUCH ANNUAL PROFESSIONAL PERFORMANCE REVIEWS SHALL BE A SIGNIFICANT
FACTOR FOR EMPLOYMENT DECISIONS INCLUDING BUT NOT LIMITED TO, PROMOTION,
RETENTION, TENURE DETERMINATION, TERMINATION, AND SUPPLEMENTAL COMPEN-
SATION, WHICH DECISIONS ARE TO BE MADE IN ACCORDANCE WITH LOCALLY DEVEL-
OPED PROCEDURES NEGOTIATED PURSUANT TO THE REQUIREMENTS OF ARTICLE FOUR-
TEEN OF THE CIVIL SERVICE LAW. SUCH PERFORMANCE REVIEWS SHALL ALSO BE A
SIGNIFICANT FACTOR IN TEACHER AND PRINCIPAL DEVELOPMENT, INCLUDING BUT
NOT LIMITED TO, COACHING, INDUCTION SUPPORT AND DIFFERENTIATED PROFES-
SIONAL DEVELOPMENT, WHICH ARE TO BE LOCALLY ESTABLISHED IN ACCORDANCE
WITH PROCEDURES NEGOTIATED PURSUANT TO THE REQUIREMENTS OF ARTICLE FOUR-
TEEN OF THE CIVIL SERVICE LAW.
2. A. THE ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED PURSUANT
TO THIS SECTION FOR CLASSROOM TEACHERS AND BUILDING PRINCIPALS SHALL
DIFFERENTIATE TEACHER AND PRINCIPAL EFFECTIVENESS USING THE FOLLOWING
QUALITY RATING CATEGORIES: HIGHLY EFFECTIVE, EFFECTIVE, DEVELOPING AND
INEFFECTIVE, WITH EXPLICIT MINIMUM AND MAXIMUM SCORING RANGES FOR EACH
CATEGORY, AS PRESCRIBED IN THE REGULATIONS OF THE COMMISSIONER. SUCH
ANNUAL PROFESSIONAL PERFORMANCE REVIEWS SHALL RESULT IN A SINGLE COMPOS-
ITE TEACHER OR PRINCIPAL EFFECTIVENESS SCORE, WHICH INCORPORATES MULTI-
PLE MEASURES OF EFFECTIVENESS RELATED TO THE CRITERIA INCLUDED IN THE
REGULATIONS OF THE COMMISSIONER. EXCEPT FOR THE STUDENT GROWTH MEASURES
PRESCRIBED IN PARAGRAPHS E, F AND G OF THIS SUBDIVISION, THE ELEMENTS
COMPRISING THE COMPOSITE EFFECTIVENESS SCORE SHALL BE LOCALLY DEVELOPED,
CONSISTENT WITH THE STANDARDS PRESCRIBED IN THE REGULATIONS OF THE
COMMISSIONER, THROUGH NEGOTIATIONS CONDUCTED, PURSUANT TO THE REQUIRE-
MENTS OF ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
B. ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED BY SCHOOL
DISTRICTS ON OR AFTER JULY FIRST, TWO THOUSAND ELEVEN OF CLASSROOM
TEACHERS OF COMMON BRANCH SUBJECTS OR ENGLISH LANGUAGE ARTS OR MATHEMAT-
S. 7987 10
ICS IN GRADES FOUR TO EIGHT AND ALL BUILDING PRINCIPALS OF SCHOOLS IN
WHICH SUCH TEACHERS ARE EMPLOYED SHALL BE CONDUCTED PURSUANT TO THIS
SUBDIVISION AND SHALL USE TWO THOUSAND TEN--TWO THOUSAND ELEVEN SCHOOL
YEAR STUDENT DATA AS THE BASELINE FOR THE INITIAL COMPUTATION OF THE
COMPOSITE TEACHER OR PRINCIPAL EFFECTIVENESS SCORE FOR SUCH CLASSROOM
TEACHERS AND PRINCIPALS.
C. ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED BY SCHOOL
DISTRICTS OR BOARDS OF COOPERATIVE EDUCATIONAL SERVICES ON OR AFTER JULY
FIRST, TWO THOUSAND TWELVE OF ALL CLASSROOM TEACHERS AND ALL BUILDING
PRINCIPALS SHALL BE CONDUCTED PURSUANT TO THIS SUBDIVISION AND SHALL USE
TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL YEAR STUDENT DATA AS THE
BASELINE FOR THE INITIAL COMPUTATION OF THE COMPOSITE TEACHER OR PRINCI-
PAL EFFECTIVENESS SCORE FOR SUCH CLASSROOM TEACHERS AND PRINCIPALS. FOR
PURPOSES OF THIS SECTION, AN ADMINISTRATOR IN CHARGE OF AN INSTRUCTIONAL
PROGRAM OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL BE DEEMED
TO BE A BUILDING PRINCIPAL.
D. PRIOR TO ANY EVALUATION BEING CONDUCTED IN ACCORDANCE WITH THIS
SECTION, EACH INDIVIDUAL WHO IS RESPONSIBLE FOR CONDUCTING AN EVALUATION
OF A TEACHER OR BUILDING PRINCIPAL SHALL RECEIVE APPROPRIATE TRAINING IN
ACCORDANCE WITH THE REGULATIONS OF THE COMMISSIONER.
E. FOR ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED IN ACCORDANCE
WITH PARAGRAPH B OF THIS SUBDIVISION IN THE TWO THOUSAND ELEVEN--TWO
THOUSAND TWELVE SCHOOL YEAR, FORTY PERCENT OF THE COMPOSITE SCORE OF
EFFECTIVENESS SHALL BE BASED ON STUDENT ACHIEVEMENT MEASURES AS FOLLOWS:
(I) TWENTY PERCENT OF THE EVALUATION SHALL BE BASED UPON STUDENT GROWTH
DATA ON STATE ASSESSMENTS AS PRESCRIBED BY THE COMMISSIONER OR A COMPA-
RABLE MEASURE OF STUDENT GROWTH IF SUCH GROWTH DATA IS NOT AVAILABLE;
AND (II) TWENTY PERCENT SHALL BE BASED ON OTHER LOCALLY SELECTED MEAS-
URES OF STUDENT ACHIEVEMENT THAT ARE DETERMINED TO BE RIGOROUS AND
COMPARABLE ACROSS CLASSROOMS IN ACCORDANCE WITH THE REGULATIONS OF THE
COMMISSIONER AND AS ARE DEVELOPED LOCALLY IN A MANNER CONSISTENT WITH
PROCEDURES NEGOTIATED PURSUANT TO THE REQUIREMENTS OF ARTICLE FOURTEEN
OF THE CIVIL SERVICE LAW.
F. FOR ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED IN ACCORDANCE
WITH PARAGRAPH C OF THIS SUBDIVISION IN ANY SCHOOL YEAR PRIOR TO THE
FIRST SCHOOL YEAR FOR WHICH THE BOARD OF REGENTS HAS APPROVED USE OF A
VALUE-ADDED GROWTH MODEL, BUT NOT EARLIER THAN THE TWO THOUSAND TWELVE-
-TWO THOUSAND THIRTEEN SCHOOL YEAR, FORTY PERCENT OF THE COMPOSITE SCORE
OF EFFECTIVENESS SHALL BE BASED ON STUDENT ACHIEVEMENT MEASURES AS
FOLLOWS: (I) TWENTY PERCENT OF THE EVALUATION SHALL BE BASED UPON
STUDENT GROWTH DATA ON STATE ASSESSMENTS AS PRESCRIBED BY THE COMMIS-
SIONER OR A COMPARABLE MEASURE OF STUDENT GROWTH IF SUCH GROWTH DATA IS
NOT AVAILABLE; AND (II) TWENTY PERCENT SHALL BE BASED ON OTHER LOCALLY
SELECTED MEASURES OF STUDENT ACHIEVEMENT THAT ARE DETERMINED TO BE
RIGOROUS AND COMPARABLE ACROSS CLASSROOMS IN ACCORDANCE WITH THE REGU-
LATIONS OF THE COMMISSIONER AND AS ARE DEVELOPED LOCALLY IN A MANNER
CONSISTENT WITH PROCEDURES NEGOTIATED PURSUANT TO THE REQUIREMENTS OF
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
G. FOR ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED IN ACCORDANCE
WITH PARAGRAPH C OF THIS SUBDIVISION IN THE FIRST SCHOOL YEAR FOR WHICH
THE BOARD OF REGENTS HAS APPROVED USE OF A VALUE-ADDED GROWTH MODEL AND
THEREAFTER, FORTY PERCENT OF THE COMPOSITE SCORE OF EFFECTIVENESS SHALL
BE BASED ON STUDENT ACHIEVEMENT MEASURES AS FOLLOWS: (I) TWENTY-FIVE
PERCENT OF THE EVALUATION SHALL BE BASED UPON STUDENT GROWTH DATA ON
STATE ASSESSMENTS AS PRESCRIBED BY THE COMMISSIONER OR A COMPARABLE
MEASURE OF STUDENT GROWTH IF SUCH GROWTH DATA IS NOT AVAILABLE; AND (II)
S. 7987 11
FIFTEEN PERCENT SHALL BE BASED ON OTHER LOCALLY SELECTED MEASURES OF
STUDENT ACHIEVEMENT THAT ARE DETERMINED TO BE RIGOROUS AND COMPARABLE
ACROSS CLASSROOMS IN ACCORDANCE WITH THE REGULATIONS OF THE COMMISSIONER
AND AS ARE LOCALLY DEVELOPED IN A MANNER CONSISTENT WITH PROCEDURES
NEGOTIATED PURSUANT TO THE REQUIREMENTS OF ARTICLE FOURTEEN OF THE CIVIL
SERVICE LAW. THE DEPARTMENT SHALL DEVELOP THE VALUE-ADDED GROWTH MODEL
AND SHALL CONSULT WITH THE ADVISORY COMMITTEE ESTABLISHED PURSUANT TO
SUBDIVISION SEVEN OF THIS SECTION PRIOR TO RECOMMENDING THAT THE BOARD
OF REGENTS APPROVE ITS USE IN EVALUATIONS.
H. THE REMAINING PERCENT OF THE EVALUATIONS, RATINGS AND EFFECTIVENESS
SCORES SHALL BE LOCALLY DEVELOPED, CONSISTENT WITH THE STANDARDS
PRESCRIBED IN THE REGULATIONS OF THE COMMISSIONER, THROUGH NEGOTIATIONS
CONDUCTED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
I. FOR PURPOSES OF THIS SECTION, STUDENT GROWTH MEANS THE CHANGE IN
STUDENT ACHIEVEMENT FOR AN INDIVIDUAL STUDENT BETWEEN TWO OR MORE POINTS
IN TIME.
3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXCUSE SCHOOL
DISTRICTS OR BOARDS OF COOPERATIVE EDUCATIONAL SERVICES FROM COMPLYING
WITH THE STANDARDS SET FORTH IN THE REGULATIONS OF THE COMMISSIONER FOR
CONDUCTING ANNUAL PROFESSIONAL PERFORMANCE REVIEWS OF CLASSROOM TEACHERS
OR PRINCIPALS, INCLUDING BUT NOT LIMITED TO REQUIRED QUALITY RATING
CATEGORIES, IN CONDUCTING EVALUATIONS PRIOR TO JULY FIRST, TWO THOUSAND
ELEVEN, OR, FOR CLASSROOM TEACHERS OR PRINCIPALS SUBJECT TO PARAGRAPH C
OF SUBDIVISION TWO OF THIS SECTION, PRIOR TO JULY FIRST, TWO THOUSAND
TWELVE.
4. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION TO THE CONTRARY,
UPON RATING A TEACHER OR A PRINCIPAL AS DEVELOPING OR INEFFECTIVE
THROUGH AN ANNUAL PROFESSIONAL PERFORMANCE REVIEW CONDUCTED PURSUANT TO
SUBDIVISION TWO OF THIS SECTION, THE SCHOOL DISTRICT OR BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES SHALL FORMULATE AND COMMENCE IMPLEMENTATION
OF A TEACHER OR PRINCIPAL IMPROVEMENT PLAN FOR SUCH TEACHER OR PRINCIPAL
AS SOON AS PRACTICABLE BUT IN NO CASE LATER THAN TEN DAYS AFTER THE DATE
ON WHICH TEACHERS ARE REQUIRED TO REPORT PRIOR TO THE OPENING OF CLASSES
FOR THE SCHOOL YEAR. SUCH IMPROVEMENT PLAN SHALL BE CONSISTENT WITH THE
REGULATIONS OF THE COMMISSIONER AND DEVELOPED LOCALLY THROUGH NEGOTI-
ATIONS CONDUCTED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW.
SUCH IMPROVEMENT PLAN SHALL INCLUDE, BUT NEED NOT BE LIMITED TO, IDEN-
TIFICATION OF NEEDED AREAS OF IMPROVEMENT, A TIMELINE FOR ACHIEVING
IMPROVEMENT, THE MANNER IN WHICH IMPROVEMENT WILL BE ASSESSED, AND,
WHERE APPROPRIATE, DIFFERENTIATED ACTIVITIES TO SUPPORT A TEACHER'S OR
PRINCIPAL'S IMPROVEMENT IN THOSE AREAS.
5. AN APPEALS PROCEDURE SHALL BE LOCALLY ESTABLISHED IN EACH SCHOOL
DISTRICT AND IN EACH BOARD OF COOPERATIVE EDUCATIONAL SERVICES BY WHICH
THE EVALUATED TEACHER OR PRINCIPAL MAY ONLY CHALLENGE THE SUBSTANCE OF
THE ANNUAL PROFESSIONAL PERFORMANCE REVIEW, THE SCHOOL DISTRICT'S OR
BOARD OF COOPERATIVE EDUCATIONAL SERVICES' ADHERENCE TO THE STANDARDS
AND METHODOLOGIES REQUIRED FOR SUCH REVIEWS, PURSUANT TO THIS SECTION,
THE ADHERENCE TO THE REGULATIONS OF THE COMMISSIONER AND COMPLIANCE WITH
ANY APPLICABLE LOCALLY NEGOTIATED PROCEDURES, AS WELL AS THE SCHOOL
DISTRICT'S OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES' ISSUANCE AND/OR
IMPLEMENTATION OF THE TERMS OF THE TEACHER OR PRINCIPAL IMPROVEMENT
PLAN, AS REQUIRED UNDER THIS SECTION. THE SPECIFICS OF THE APPEAL PROCE-
DURE SHALL BE LOCALLY ESTABLISHED THROUGH NEGOTIATIONS CONDUCTED PURSU-
ANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW. AN EVALUATION WHICH IS
THE SUBJECT OF AN APPEAL SHALL NOT BE SOUGHT TO BE OFFERED IN EVIDENCE
OR PLACED IN EVIDENCE IN ANY PROCEEDING CONDUCTED PURSUANT TO EITHER
S. 7987 12
SECTION THREE THOUSAND TWENTY-A OF THIS ARTICLE OR ANY LOCALLY NEGOTI-
ATED ALTERNATE DISCIPLINARY PROCEDURE, UNTIL THE APPEAL PROCESS IS
CONCLUDED.
6. FOR PURPOSES OF DISCIPLINARY PROCEEDINGS PURSUANT TO SECTIONS THREE
THOUSAND TWENTY AND THREE THOUSAND TWENTY-A OF THIS ARTICLE, A PATTERN
OF INEFFECTIVE TEACHING OR PERFORMANCE SHALL BE DEFINED TO MEAN TWO
CONSECUTIVE ANNUAL INEFFECTIVE RATINGS RECEIVED BY A CLASSROOM TEACHER
OR BUILDING PRINCIPAL PURSUANT TO ANNUAL PROFESSIONAL PERFORMANCE
REVIEWS CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION.
7. THE REGULATIONS ADOPTED PURSUANT TO THIS SECTION SHALL BE DEVELOPED
IN CONSULTATION WITH AN ADVISORY COMMITTEE CONSISTING OF REPRESENTATIVES
OF TEACHERS, PRINCIPALS, SUPERINTENDENTS OF SCHOOLS, SCHOOL BOARDS,
SCHOOL DISTRICT AND BOARD OF COOPERATIVE EDUCATIONAL SERVICES OFFICIALS
AND OTHER INTERESTED PARTIES. THE REGULATIONS SHALL ALSO TAKE INTO
ACCOUNT ANY (I) PROFESSIONAL TEACHING STANDARDS; (II) STANDARDS FOR
PROFESSIONAL CONTEXTS; AND (III) STANDARDS FOR A CONTINUUM OF SYSTEM
SUPPORT FOR TEACHERS AND PRINCIPALS DEVELOPED IN CONSULTATION WITH THE
ADVISORY COMMITTEE. REGULATIONS PROMULGATED PURSUANT TO THIS SECTION
SHALL BE EFFECTIVE NO LATER THAN JULY FIRST, TWO THOUSAND ELEVEN, FOR
IMPLEMENTATION IN THE TWO THOUSAND ELEVEN--TWO THOUSAND TWELVE SCHOOL
YEAR.
8. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, RULE OR REGULATION TO
THE CONTRARY, ALL COLLECTIVE BARGAINING AGREEMENTS APPLICABLE TO CLASS-
ROOM TEACHERS OR BUILDING PRINCIPALS ENTERED INTO AFTER JULY FIRST, TWO
THOUSAND TEN SHALL BE CONSISTENT WITH REQUIREMENTS OF THIS SECTION.
NOTHING IN THIS SECTION SHALL BE CONSTRUED TO ABROGATE ANY CONFLICTING
PROVISIONS OF ANY COLLECTIVE BARGAINING AGREEMENT IN EFFECT ON JULY
FIRST, TWO THOUSAND TEN DURING THE TERM OF SUCH AGREEMENT AND UNTIL THE
ENTRY INTO A SUCCESSOR COLLECTIVE BARGAINING AGREEMENT, PROVIDED THAT
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, UPON EXPIRA-
TION OF SUCH TERM AND THE ENTRY INTO A SUCCESSOR COLLECTIVE BARGAINING
AGREEMENT THE PROVISIONS OF THIS SECTION SHALL APPLY. FURTHERMORE, NOTH-
ING IN THIS SECTION OR IN ANY RULE OR REGULATION PROMULGATED HEREUNDER
SHALL IN ANY WAY, ALTER, IMPAIR OR DIMINISH THE RIGHTS OF A LOCAL
COLLECTIVE BARGAINING REPRESENTATIVE TO NEGOTIATE EVALUATION PROCEDURES
IN ACCORDANCE WITH ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW WITH THE
SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
S 2. Subdivisions 1 and 3 and paragraph a of subdivision 4 of section
3020 of the education law, subdivision 1 as added by chapter 691 of the
laws of 1994, subdivision 3 as added by chapter 3 of the laws of 2000
and paragraph a of subdivision 4 as added by section 1 of part J of
chapter 93 of the laws of 2002, are amended to read as follows:
1. No person enjoying the benefits of tenure shall be disciplined or
removed during a term of employment except for just cause and in accord-
ance with the procedures specified in section three thousand twenty-a of
this article or in accordance with alternate disciplinary procedures
contained in a collective bargaining agreement covering his or her terms
and conditions of employment that was effective on or before September
first, nineteen hundred ninety-four and has been unaltered by renegoti-
ation, or in accordance with alternative disciplinary procedures
contained in a collective bargaining agreement covering his or her terms
and conditions of employment that becomes effective on or after Septem-
ber first, nineteen hundred ninety-four; provided, however, that any
such alternate disciplinary procedures contained in a collective
bargaining agreement that becomes effective on or after September first,
nineteen hundred ninety-four, must provide for the written election by
S. 7987 13
the employee of either the procedures specified in such section three
thousand twenty-a or the alternative disciplinary procedures contained
in the collective bargaining agreement and must result in a disposition
of the disciplinary charge within the amount of time allowed therefor
under such section three thousand twenty-a; AND PROVIDED FURTHER THAT
ANY ALTERNATE DISCIPLINARY PROCEDURES CONTAINED IN A COLLECTIVE BARGAIN-
ING AGREEMENT THAT BECOMES EFFECTIVE ON OR AFTER JULY FIRST, TWO THOU-
SAND TEN SHALL PROVIDE FOR AN EXPEDITED HEARING PROCESS BEFORE A SINGLE
HEARING OFFICER IN ACCORDANCE WITH SUBPARAGRAPH (I-A) OF PARAGRAPH C OF
SUBDIVISION THREE OF SECTION THREE THOUSAND TWENTY-A OF THIS ARTICLE IN
CASES IN WHICH CHARGES OF INCOMPETENCE ARE BROUGHT BASED SOLELY UPON AN
ALLEGATION OF A PATTERN OF INEFFECTIVE TEACHING OR PERFORMANCE AS
DEFINED IN SECTION THREE THOUSAND TWELVE-C OF THIS ARTICLE AND SHALL
PROVIDE THAT SUCH A PATTERN OF INEFFECTIVE TEACHING OR PERFORMANCE SHALL
CONSTITUTE VERY SIGNIFICANT EVIDENCE OF INCOMPETENCE WHICH MAY FORM THE
BASIS FOR JUST CAUSE REMOVAL.
3. Notwithstanding any inconsistent provision of law, the procedures
set forth in section three thousand twenty-a of this article and subdi-
vision seven of section twenty-five hundred ninety-j of this chapter may
be modified or replaced by agreements negotiated between the city school
district of the city of New York and any employee organization repres-
enting employees or titles that are or were covered by any memorandum of
agreement executed by such city school district and the council of
supervisors and administrators of the city of New York on or after
December first, nineteen hundred ninety-nine. Where such procedures are
so modified or replaced: (i) compliance with such modification or
replacement procedures shall satisfy any provision in this chapter that
requires compliance with section three thousand twenty-a, (ii) any
employee against whom charges have been preferred prior to the effective
date of such modification or replacement shall continue to be subject to
the provisions of such section as in effect on the date such charges
were preferred, (iii) the provisions of subdivisions one and two of this
section shall not apply to agreements negotiated pursuant to this subdi-
vision, and (iv) in accordance with paragraph (e) of subdivision one of
section two hundred nine-a of the civil service law, such modification
or replacement procedures contained in an agreement negotiated pursuant
to this subdivision shall continue as terms of such agreement after its
expiration until a new agreement is negotiated; PROVIDED THAT ANY ALTER-
NATE DISCIPLINARY PROCEDURES CONTAINED IN A COLLECTIVE BARGAINING AGREE-
MENT THAT BECOMES EFFECTIVE ON OR AFTER JULY FIRST, TWO THOUSAND TEN
SHALL PROVIDE FOR AN EXPEDITED HEARING PROCESS BEFORE A SINGLE HEARING
OFFICER IN ACCORDANCE WITH SUBPARAGRAPH (I-A) OF PARAGRAPH C OF SUBDIVI-
SION THREE OF SECTION THREE THOUSAND TWENTY-A OF THIS ARTICLE IN CASES
IN WHICH CHARGES OF INCOMPETENCE ARE BROUGHT AGAINST A BUILDING PRINCI-
PAL BASED SOLELY UPON AN ALLEGATION OF A PATTERN OF INEFFECTIVE TEACHING
OR PERFORMANCE AS DEFINED IN SECTION THREE THOUSAND TWELVE-C OF THIS
ARTICLE AND SHALL PROVIDE THAT SUCH A PATTERN OF INEFFECTIVE TEACHING OR
PERFORMANCE SHALL CONSTITUTE VERY SIGNIFICANT EVIDENCE OF INCOMPETENCE
WHICH MAY FORM THE BASIS FOR JUST CAUSE REMOVAL OF THE BUILDING PRINCI-
PAL. Notwithstanding any inconsistent provision of law, the commission-
er [of education] shall review any appeals authorized by such modifica-
tion or replacement procedures within fifteen days from receipt by such
commissioner of the record of prior proceedings in the matter subject to
appeal. Such review shall have preference over all other appeals or
proceedings pending before such commissioner.
S. 7987 14
a. Notwithstanding any inconsistent provision of law, the procedures
set forth in section three thousand twenty-a of this article and subdi-
vision seven of section twenty-five hundred ninety-j of this chapter may
be modified by agreements negotiated between the city school district of
the city of New York and any employee organization representing employ-
ees or titles that are or were covered by any memorandum of agreement
executed by such city school district and the united federation of
teachers on or after June tenth, two thousand two. Where such proce-
dures are so modified: (i) compliance with such modified procedures
shall satisfy any provision of this chapter that requires compliance
with section three thousand twenty-a of this article; (ii) any employee
against whom charges have been preferred prior to the effective date of
such modification shall continue to be subject to the provisions of such
section as in effect on the date such charges were preferred; (iii) the
provisions of subdivisions one and two of this section shall not apply
to agreements negotiated pursuant to this subdivision, except that no
person enjoying the benefits of tenure shall be disciplined or removed
during a term of employment except for just cause; and (iv) in accord-
ance with paragraph (e) of subdivision one of section two hundred nine-a
of the civil service law, such modified procedures contained in an
agreement negotiated pursuant to this subdivision shall continue as
terms of such agreement after its expiration until a new agreement is
negotiated; AND PROVIDED FURTHER THAT ANY ALTERNATE DISCIPLINARY PROCE-
DURES CONTAINED IN A COLLECTIVE BARGAINING AGREEMENT THAT BECOMES EFFEC-
TIVE ON OR AFTER JULY FIRST, TWO THOUSAND TEN SHALL PROVIDE FOR AN EXPE-
DITED HEARING PROCESS BEFORE A SINGLE HEARING OFFICER IN ACCORDANCE WITH
SUBPARAGRAPH (I-A) OF PARAGRAPH C OF SUBDIVISION THREE OF SECTION THREE
THOUSAND TWENTY-A OF THIS ARTICLE IN CASES IN WHICH CHARGES OF INCOMPE-
TENCE ARE BROUGHT BASED SOLELY UPON AN ALLEGATION OF A PATTERN OF INEF-
FECTIVE TEACHING OR PERFORMANCE AS DEFINED IN SECTION THREE THOUSAND
TWELVE-C OF THIS ARTICLE AND SHALL PROVIDE THAT SUCH A PATTERN OF INEF-
FECTIVE TEACHING OR PERFORMANCE SHALL CONSTITUTE VERY SIGNIFICANT
EVIDENCE OF INCOMPETENCE WHICH MAY FORM THE BASIS FOR JUST CAUSE
REMOVAL.
S 3. Paragraph (c) of subdivision 2 of section 3020-a of the education
law, as amended by chapter 691 of the laws of 1994, is amended to read
as follows:
(c) Within ten days of receipt of the statement of charges, the
employee shall notify the clerk or secretary of the employing board in
writing whether he or she desires a hearing on the charges and when the
charges concern pedagogical incompetence or issues involving pedagogical
judgment, his or her choice of either a single hearing officer or a
three member panel, PROVIDED THAT A THREE MEMBER PANEL SHALL NOT BE
AVAILABLE WHERE THE CHARGES CONCERN PEDAGOGICAL INCOMPETENCE BASED SOLE-
LY UPON A TEACHER'S OR PRINCIPAL'S PATTERN OF INEFFECTIVE TEACHING OR
PERFORMANCE AS DEFINED IN SECTION THREE THOUSAND TWELVE-C OF THIS ARTI-
CLE. All other charges shall be heard by a single hearing officer.
S 4. Paragraph a of subdivision 3 of section 3020-a of the education
law, as amended by chapter 691 of the laws of 1994, is amended to read
as follows:
a. Notice of hearing. Upon receipt of a request for a hearing in
accordance with subdivision two of this section, the commissioner [of
education] shall forthwith notify the American Arbitration Association
(hereinafter "association") of the need for a hearing and shall request
the association to provide to the commissioner forthwith a list of names
of persons chosen by the association from the association's panel of
S. 7987 15
labor arbitrators to potentially serve as hearing officers together with
relevant biographical information on each arbitrator. Upon receipt of
said list and biographical information, the commissioner [of education]
shall forthwith send a copy of both simultaneously to the employing
board and the employee. THE COMMISSIONER SHALL ALSO SIMULTANEOUSLY
NOTIFY BOTH THE EMPLOYING BOARD AND THE EMPLOYEE OF EACH POTENTIAL HEAR-
ING OFFICER'S RECORD IN THE LAST FIVE CASES OF COMMENCING AND COMPLETING
HEARINGS WITHIN THE TIME PERIODS PRESCRIBED IN THIS SECTION.
S 5. Paragraph c of subdivision 3 of section 3020-a of the education
law is amended by adding a new subparagraph (i-a) to read as follows:
(I-A)(A) WHERE CHARGES OF INCOMPETENCE ARE BROUGHT BASED SOLELY UPON A
PATTERN OF INEFFECTIVE TEACHING OR PERFORMANCE OF A CLASSROOM TEACHER OR
PRINCIPAL, AS DEFINED IN SECTION THREE THOUSAND TWELVE-C OF THIS ARTI-
CLE, THE HEARING SHALL BE CONDUCTED BEFORE AND BY A SINGLE HEARING OFFI-
CER IN AN EXPEDITED HEARING, WHICH SHALL COMMENCE WITHIN SEVEN DAYS
AFTER THE PRE-HEARING CONFERENCE AND SHALL BE COMPLETED WITHIN SIXTY
DAYS AFTER THE PRE-HEARING CONFERENCE. THE HEARING OFFICER SHALL ESTAB-
LISH A HEARING SCHEDULE AT THE PRE-HEARING CONFERENCE TO ENSURE THAT THE
EXPEDITED HEARING IS COMPLETED WITHIN THE REQUIRED TIMEFRAMES AND TO
ENSURE AN EQUITABLE DISTRIBUTION OF DAYS BETWEEN THE EMPLOYING BOARD AND
THE CHARGED EMPLOYEE. NOTWITHSTANDING ANY OTHER LAW, RULE OR REGULATION
TO THE CONTRARY, NO ADJOURNMENTS MAY BE GRANTED THAT WOULD EXTEND THE
HEARING BEYOND SUCH SIXTY DAYS, EXCEPT AS AUTHORIZED IN THIS SUBPARA-
GRAPH. A HEARING OFFICER, UPON REQUEST, MAY GRANT A LIMITED AND TIME
SPECIFIC ADJOURNMENT THAT WOULD EXTEND THE HEARING BEYOND SUCH SIXTY
DAYS IF THE HEARING OFFICER DETERMINES THAT THE DELAY IS ATTRIBUTABLE TO
A CIRCUMSTANCE OR OCCURRENCE SUBSTANTIALLY BEYOND THE CONTROL OF THE
REQUESTING PARTY AND AN INJUSTICE WOULD RESULT IF THE ADJOURNMENT WERE
NOT GRANTED.
(B) SUCH CHARGES SHALL ALLEGE THAT THE EMPLOYING BOARD HAS DEVELOPED
AND SUBSTANTIALLY IMPLEMENTED A TEACHER OR PRINCIPAL IMPROVEMENT PLAN IN
ACCORDANCE WITH SUBDIVISION FOUR OF SECTION THREE THOUSAND TWELVE-C OF
THIS ARTICLE FOR THE EMPLOYEE FOLLOWING THE FIRST EVALUATION IN WHICH
THE EMPLOYEE WAS RATED INEFFECTIVE, AND THE IMMEDIATELY PRECEDING EVALU-
ATION IF THE EMPLOYEE WAS RATED DEVELOPING. NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, A PATTERN OF INEFFECTIVE TEACHING OR
PERFORMANCE AS DEFINED IN SECTION THREE THOUSAND TWELVE-C OF THIS ARTI-
CLE SHALL CONSTITUTE VERY SIGNIFICANT EVIDENCE OF INCOMPETENCE FOR
PURPOSES OF THIS SECTION. NOTHING IN THIS SUBPARAGRAPH SHALL BE
CONSTRUED TO LIMIT THE DEFENSES WHICH THE EMPLOYEE MAY PLACE BEFORE THE
HEARING OFFICER IN CHALLENGING THE ALLEGATION OF A PATTERN OF INEFFEC-
TIVE TEACHING OR PERFORMANCE.
(C) THE COMMISSIONER SHALL ANNUALLY INFORM ALL HEARING OFFICERS WHO
HAVE HEARD CASES PURSUANT TO THIS SECTION DURING THE PRECEDING YEAR THAT
THE TIME PERIODS PRESCRIBED IN THIS SUBPARAGRAPH FOR CONDUCTING EXPE-
DITED HEARINGS ARE TO BE STRICTLY FOLLOWED. A RECORD OF CONTINUED FAIL-
URE TO COMMENCE AND COMPLETE EXPEDITED HEARINGS WITHIN THE TIME PERIODS
PRESCRIBED IN THIS SUBPARAGRAPH SHALL BE CONSIDERED GROUNDS FOR THE
COMMISSIONER TO EXCLUDE SUCH INDIVIDUAL FROM THE LIST OF POTENTIAL HEAR-
ING OFFICERS SENT TO THE EMPLOYING BOARD AND THE EMPLOYEE FOR SUCH EXPE-
DITED HEARINGS.
S 6. This act shall take effect July 1, 2010, provided, however, if
this act shall become a law after such date it shall take effect imme-
diately and shall be deemed to have been in full force and effect on and
after July 1, 2010.
S. 7987 16
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through B of this act shall be
as specifically set forth in the last section of such Parts.
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