Provides that the process of annual professional performance reviews must ensure that no teacher or principal who receives a developing rating in all three subcomponents can receive an overall rating of ineffective; provides for the confidentiality of personnel records of classroom teachers and building principals.
S T A T E O F N E W Y O R K
________________________________________________________________________
10452
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 the process of annual
professional performance reviews and the confidentiality of personnel
records of classroom teachers and building principals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subparagraph 2 of paragraph j of subdivision 2 of section
3012-c of the education law, as added by chapter 21 of the laws of 2012,
is amended to read as follows:
(2) Such process must ensure that it is possible for a teacher or
principal to obtain each point in the applicable scoring ranges, includ-
ing zero, for the state assessment or other comparable measures subcom-
ponent, the locally selected measures of student achievement subcompo-
nent and the overall rating categories. The process must also ensure
that it is possible for a teacher or principal to obtain each point in
the scoring ranges prescribed by the district or board of cooperative
educational services for the other measures of teacher and principal
effectiveness subcomponent. SUCH PROCESS MUST ALSO ENSURE THAT NO
TEACHER OR PRINCIPAL WHO RECEIVES A DEVELOPING RATING IN ALL THREE
SUBCOMPONENTS CAN RECEIVE AN OVERALL RATING OF INEFFECTIVE.
S 2. Section 3012-c of the education law is amended by adding a new
subdivision 10 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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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