Assembly Bill A10451

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

                                  10451

                          I N  A S S E M B L Y

                              May 29, 2012
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee on Education

AN ACT to amend the education law, in  relation  to  confidentiality  of
  personnel  records  of  classroom teachers and building principals and
  providing that annual performance reviews shall not  be  utilized  for
  employment  decisions  until  the two thousand fifteen -- two thousand
  sixteen school year

  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
two new subdivisions 10 and 11 to read as follows:
  10. NOTWITHSTANDING ANY PROVISIONS OF LAW TO THE CONTRARY, THE PERSON-
NEL RECORDS OF A CLASSROOM TEACHER OR BUILDING PRINCIPAL, INCLUDING  BUT
NOT  LIMITED  TO  THE  ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED
PURSUANT TO THIS SECTION, COMPOSITE EFFECTIVENESS SCORES AND  ALL  INDI-
VIDUAL  SUBCOMPONENTS,  AND  THE QUALITY RATING CATEGORY SHALL BE DEEMED
CONFIDENTIAL AND SHALL NOT BE DISCLOSED, RELEASED OR  SHOWN  TO  ANYONE,
EXCEPT:
  A. WITH THE  WRITTEN CONSENT OF THE SUBJECT TEACHER OR PRINCIPAL;
  B.  TO  THE  BOARD  OF  EDUCATION  OR BOARD OF COOPERATIVE EDUCATIONAL
SERVICES THAT EMPLOYS THE  TEACHER  OR  PRINCIPAL  AND  THE  APPROPRIATE
ADMINISTRATORS DESIGNATED BY SUCH BOARD;
  C.  TO  THE CHIEF LEGAL OFFICER OF SUCH BOARD OF EDUCATION OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES; OR
  D. PURSUANT TO A SUBPOENA OR COURT ORDER.
  11. A. THE ANNUAL PROFESSIONAL PERFORMANCE REVIEWS CONDUCTED  PURSUANT
TO  THIS SECTION SHALL NOT BE USED FOR ANY EMPLOYMENT DECISIONS, INCLUD-
ING BUT NOT LIMITED  TO,  PROMOTION,  RETENTION,  TENURE  DETERMINATION,
TERMINATION AND SUPPLEMENTAL COMPENSATION UNTIL THE TWO THOUSAND FIFTEEN
-- TWO THOUSAND SIXTEEN SCHOOL YEAR.
  B.  THE  COMMISSIONER SHALL EVALUATE THE PERFORMANCE REVIEWS PERFORMED
FOR THE TWO THOUSAND ELEVEN -- TWO THOUSAND TWELVE, TWO THOUSAND  TWELVE
-- TWO THOUSAND THIRTEEN AND TWO THOUSAND THIRTEEN -- TWO THOUSAND FOUR-
TEEN  SCHOOL  YEARS  TO  DETERMINE  THE  EFFECTIVENESS OF THE EVALUATION

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

                                                           LBD16017-01-2

A. 10451                            2

PROCEDURES UNDER THIS SECTION. ON OR BEFORE  JANUARY  THIRTY-FIRST,  TWO
THOUSAND  FIFTEEN, THE COMMISSIONER SHALL ISSUE A REPORT TO THE GOVERNOR
AND TO THE LEGISLATURE ON:
  (1)  THE ACCURACY, RELIABILITY AND VALIDITY OF THE ANNUAL PROFESSIONAL
PERFORMANCE REVIEWS, INCLUDING WHETHER SUCH REVIEW PROCESS:  PROVIDES AN
ACCURATE EVALUATION OF THE PERFORMANCE OF A TEACHER OR PRINCIPAL,  ACCU-
RATELY  MEASURES THE QUALITY OF INSTRUCTION OR SUPERVISION PROVIDED BY A
TEACHER OR PRINCIPAL, AND ACCURATELY MEASURES  THE  CORRELATION  BETWEEN
THE QUALITY OF INSTRUCTION OR SUPERVISION AND STUDENT ACHIEVEMENT;
  (2)  WHETHER  OR  HOW  STUDENT  ABSENCES  AND OTHER FACTORS BEYOND THE
CONTROL OF THE TEACHER OR PRINCIPAL ARE FACTORED INTO THE ANNUAL PROFES-
SIONAL PERFORMANCE REVIEW PROCESS;
  (3) THE COST TO THE STATE AND SCHOOL DISTRICTS TO IMPLEMENT THE ANNUAL
PROFESSIONAL PERFORMANCE REVIEW SYSTEM; AND
  (4) RECOMMENDATIONS ON ANY CHANGES TO THE CURRENT LAW TO ENSURE A MORE
ACCURATE, VALID AND RELIABLE EVALUATION PROCESS.
  C. NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO ALTER OR DIMINISH
THE AUTHORITY OF THE GOVERNING BODY OF A SCHOOL  DISTRICT  OR  BOARD  OF
COOPERATIVE EDUCATIONAL SERVICES TO GRANT OR DENY TENURE TO OR TERMINATE
A  TEACHER  OR  BUILDING  PRINCIPAL FOR STATUTORILY AND CONSTITUTIONALLY
PERMISSIBLE REASONS, OR TO TAKE DISCIPLINARY ACTION AGAINST A TEACHER OR
PRINCIPAL PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THIS ARTICLE.
  S 2. This act shall take effect immediately.