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

                                  10808

                          I N  A S S E M B L Y

                             August 24, 2012
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Brennan) --
  read once and referred to the Committee on Ways and Means

AN ACT to amend chapter 53 of the laws  of  2012  enacting  the  aid  to
  localities  budget,  in relation to school district eligibility for an
  increase in apportionment of school  aid  and  implementation  of  new
  standards  for  conducting  annual professional performance reviews to
  determine teacher and principal effectiveness; to amend the  tax  law,
  in relation to increasing the alternative minimum tax on corporations;
  to amend the state finance law, in relation to establishing the annual
  professional  performance review fund; and to repeal section 1 of part
  A of chapter 57 of the laws of 2012 relating to school district eligi-
  bility for an increase in apportionment of school aid and  implementa-
  tion  of  new standards for conducting annual professional performance
  reviews to determine teacher and principal effectiveness

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

  Section  1.  That  part of section 1 of chapter 53 of the laws of 2012
enacting the aid to localities budget, entitled  "education  department"
is  amended by repealing the items hereinbelow set forth in brackets and
by adding thereto the items hereinbelow set forth in italics as follows:
OFFICE OF PREKINDERGARTEN THROUGH GRADE  TWELVE  EDUCATION
  PROGRAM ............................................... 46,592,431,000
                                                          --------------

  General Fund
  Local Assistance Account

Notwithstanding  any  inconsistent provision
  of law, for  general  support  for  public
  schools, for the 2012-13 and 2013-14 state
  fiscal  years  provided, however, that not
  more  than  40.21294771  percent  of  this
  appropriation   shall   be  available  for
  remaining payments for the  2012-13  state

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

                                                           LBD16324-02-2

A. 10808                            2

  fiscal  year  payments for general support
  for public schools for the 2012-13  school
  year, nor more than 18.04144294 percent of
  this  appropriation shall be available for
  remaining payments for the 2012-13  school
  year  payable  in the 2013-14 state fiscal
  year and provided  further  that  notwith-
  standing  any  inconsistent  provision  of
  law, the remaining amounts  available  for
  the  2013-14  school  year shall be appor-
  tioned to school districts pursuant to the
  education law and subject to  the  limita-
  tions  of this appropriation including the
  gap elimination adjustment as provided for
  herein.
[Provided however that, notwithstanding  any
  inconsistent  provision  of law, no school
  district shall be eligible for  an  appor-
  tionment from the funds appropriated here-
  in  for  the 2012-13 school year in excess
  of the amount apportioned to such district
  for the same time period during  the  base
  year   unless  such  school  district  has
  submitted  documentation  that  has   been
  approved  by  the  commissioner by January
  17, 2013 demonstrating that it  has  fully
  implemented  new  standards and procedures
  for   conducting    annual    professional
  performance  reviews of classroom teachers
  and  building  principals   to   determine
  teacher    and   principal   effectiveness
  including but not limited to providing for
  (i) state assessments and other comparable
  measures which shall  comprise  twenty  or
  twenty-five  percent  of  the  evaluation;
  (ii)  locally  selected  measures  of  the
  student   achievement  subcomponent  which
  shall comprise twenty or  fifteen  percent
  of  the evaluation; (iii) subjective meas-
  ures  of  effectiveness  that  have   been
  approved  by  the  commissioner  with  the
  majority of such points based on  multiple
  observations  by an administrator or prin-
  cipal with at least one unannounced obser-
  vation which shall comprise 60 percent  of
  the  evaluation; and (iv) a scoring rubric
  which  ensures  that  it  is  possible  to
  receive any one of four ratings limited to
  highly  effective,  effective,  developing
  and ineffective; provided however that, if
  any such payments in excess of the  amount
  apportioned  to such district for the same
  time period  during  the  base  year  were
  made,  and  the  school  district  has not
  submitted documentation that it has  fully
  implemented  new  standards and procedures

A. 10808                            3

  as set forth above that has been  approved
  by  the  commissioner by January 17, 2013,
  the total amount of such payments shall be
  deducted  by  the commissioner from future
  payments to the school district from funds
  appropriated herein; and provided  further
  that,  for the 2012-13 school year if such
  deduction is greater than the sum  of  the
  amounts available for such deductions, the
  remainder  of the deduction shall be with-
  held from payments scheduled to be made to
  the school district  pursuant  to  section
  3609-a  of the education law for the 2013-
  14 school year in the 2013-14 state fiscal
  year.
Provided further  that  notwithstanding  any
  inconsistent   provision  of  law  to  the
  contrary such documentation shall  include
  a  plan  adopted by the governing board of
  the school district for conducting  annual
  professional performance reviews of class-
  room teachers and building principals that
  has been approved by the commissioner, and
  in  order to be approvable such plan shall
  conform with the requirements for conduct-
  ing   annual   professional    performance
  reviews of classroom teachers and building
  principals,  including  but not limited to
  (i) state assessments and other comparable
  measures which shall  comprise  twenty  or
  twenty-five  percent  of  the  evaluation;
  (ii)  locally  selected  measures  of  the
  student   achievement  subcomponent  which
  shall comprise twenty or  fifteen  percent
  of  the evaluation; (iii) subjective meas-
  ures  of  effectiveness  that  have   been
  approved  by  the  commissioner  with  the
  majority of such points based on  multiple
  observations  by an administrator or prin-
  cipal with at least one unannounced obser-
  vation which shall comprise 60 percent  of
  the  evaluation; and (iv) a scoring rubric
  which  ensures  that  it  is  possible  to
  receive any one of four ratings limited to
  highly  effective,  effective,  developing
  and  ineffective;  consistent   with   and
  conforms  to a chapter of the laws of 2012
  amending the education law relating to the
  annual professional performance review  of
  classroom teachers and building principals
  and  the teacher evaluation appeal process
  in the city of New York;  as  proposed  in
  legislative   bill   numbers   S.6732  and
  A.9554.
Provided further that for a school  district
  in a city with a population of one million

A. 10808                            4

  or  more, notwithstanding any inconsistent
  provision of law, no such school  district
  shall  be  eligible  for  an apportionment
  from the funds appropriated herein for the
  2012-13  school  year  in  excess  of  the
  amount apportioned to  such  district  for
  the  same time period during the base year
  unless such school district has  submitted
  documentation  that  has  been approved by
  the  commissioner  by  January  17,   2013
  demonstrating that it has adopted an expe-
  ditious  appeals process pertaining to the
  annual professional performance review  of
  classroom teachers and building principals
  that  is consistent with and conforms to a
  chapter of the laws of 2012  amending  the
  education   law  relating  to  the  annual
  professional performance review of  class-
  room  teachers and building principals and
  the teacher evaluation appeal  process  in
  the  city  of  New  York,  as  proposed in
  legislative bill numbers S.6732 and A.9554
  and if any such payments in excess of  the
  amount  apportioned  to  such district for
  the same time period during the base  year
  were made, and the school district has not
  submitted   documentation  that  has  been
  approved by the  commissioner  by  January
  17,  2013  that  it  has  adopted an expe-
  ditious appeals process pertaining to  the
  annual  professional performance review of
  classroom teachers and building principals
  that is consistent with and conforms to  a
  chapter  of  the laws of 2012 amending the
  education  law  relating  to  the   annual
  professional  performance review of class-
  room teachers and building principals  and
  the  teacher  evaluation appeal process in
  the city  of  New  York,  as  proposed  in
  legislative   bill   numbers   S.6732  and
  A.9554, the total amount of such  payments
  shall be deducted by the commissioner from
  future  payments  to  the  school district
  from  funds   appropriated   herein;   and
  provided  further  that,  for  the 2012-13
  school year if such deduction  is  greater
  than  the sum of the amounts available for
  such  deductions,  the  remainder  of  the
  deduction  shall be withheld from payments
  scheduled  to  be  made  to   the   school
  district pursuant to section 3609-a of the
  education  law for the 2013-14 school year
  in the 2013-14 state fiscal year.]
  S 2. Section 1 of part A of chapter 57 of the laws of 2012 relating to
school district eligibility for an increase in apportionment  of  school
aid and implantation of new standards for conducting annual professional

A. 10808                            5

performance reviews to determine teacher and principal effectiveness, is
REPEALED.
  S  3.  Subparagraph  (ii) of paragraph (c) of subdivision 1 of section
210 of the tax law, as amended by section 2 of part C of chapter  56  of
the laws of 2011, is amended to read as follows:
  (ii)  (A)  For  taxable years beginning on or after January first, two
thousand seven,  the  amount  prescribed  by  this  paragraph  shall  be
computed at the rate of one and one-half percent of the taxpayer's mini-
mum  taxable income base.  FOR TAXABLE YEARS BEGINNING ON OR AFTER JANU-
ARY FIRST, TWO THOUSAND TWELVE, THE AMOUNT PRESCRIBED BY THIS  PARAGRAPH
SHALL  BE  COMPUTED  AT  THE  RATE  OF THREE AND ONE-HALF PERCENT OF THE
TAXPAYER'S MINIMUM TAXABLE INCOME BASE. The "taxpayer's minimum  taxable
income  base"  shall  mean the portion of the taxpayer's minimum taxable
income allocated within the state as hereinafter  provided,  subject  to
any  modifications  required  by  paragraphs  (d) and (e) of subdivision
three of this section.
  (B) For taxable years beginning on or after January first,  two  thou-
sand  twelve  and before January first, two thousand fifteen, the amount
prescribed by this paragraph for an eligible qualified New York manufac-
turer shall be computed at the rate  of  seventy-five  hundredths  (.75)
percent  of  the taxpayer's minimum taxable income base. For purposes of
this clause, the term "eligible qualified New York  manufacturer"  shall
have  the  same meaning as in subparagraph (vi) of paragraph (a) of this
subdivision.
  S 4. The state finance law is amended by adding a new  section  81  to
read as follows:
  S  81. ANNUAL PROFESSIONAL PERFORMANCE REVIEW FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER A SPECIAL FUND TO BE
KNOWN AS THE "ANNUAL PROFESSIONAL PERFORMANCE REVIEW FUND".
  2. MONEYS IN THE ANNUAL PROFESSIONAL PERFORMANCE REVIEW FUND SHALL  BE
KEPT  SEPARATELY  FROM AND SHALL NOT BE COMMINGLED WITH ANY OTHER MONEYS
IN THE JOINT OR SOLE CUSTODY OF THE STATE COMPTROLLER.
  3. THE ANNUAL PROFESSIONAL PERFORMANCE REVIEW FUND  SHALL  CONSIST  OF
THE  REVENUES  GENERATED  BY  THE  TWO  PERCENT INCREASE IN THE TAX RATE
COMPUTED PURSUANT TO CLAUSE (A) OF SUBPARAGRAPH (II) OF PARAGRAPH (C) OF
SUBDIVISION ONE OF SECTION TWO HUNDRED TEN OF THE TAX LAW AS A RESULT OF
AMENDMENTS MADE TO SUCH SUBPARAGRAPH BY A CHAPTER OF  THE  LAWS  OF  TWO
THOUSAND  TWELVE WHICH ADDED THIS SECTION FOR TAXABLE YEARS BEGINNING ON
OR AFTER JANUARY FIRST, TWO THOUSAND TWELVE, AND ALL OTHER MONEYS  CRED-
ITED  OR  TRANSFERRED  THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO
LAW.
  4.  MONIES  OF THE FUND SHALL BE EXPENDED ONLY AS FOLLOWS:
  A. IF THE UNITED STATES DEPARTMENT OF EDUCATION  DETERMINES  THAT  THE
CHAPTER  OF  THE  LAWS  OF  TWO  THOUSAND TWELVE THAT ADDED THIS SECTION
VIOLATES THE APPROVED APPLICATION SUBMITTED BY THE DEPARTMENT OF  EDUCA-
TION  PURSUANT  TO THE FEDERAL RACE TO THE TOP PROGRAM, AND SUCCESSFULLY
OBTAINS THE REPAYMENT OR RETURN OF THE TOTAL AMOUNT OR  ANY  PORTION  OF
THE  RACE TO THE TOP GRANT AWARDED TO THIS STATE, THE MONIES OF THE FUND
SHALL BE PAID TO THE STATE TREASURY TO  REPLACE  THE  AMOUNT  REPAID  OR
RETURNED  TO  THE  UNITED  STATES  DEPARTMENT OF EDUCATION.   ANY EXCESS
AMOUNT SHALL BE PAID TO THE STATE TREASURY FOR GENERAL  STATE  PURPOSES;
OR
  B.  IF  THE  UNITED STATES DEPARTMENT OF EDUCATION DETERMINES THAT THE
CHAPTER OF THE LAWS OF TWO THOUSAND TWELVE THAT ADDED THIS SECTION  DOES
NOT  VIOLATE  THE APPROVED RACE TO THE TOP APPLICATION, OR DETERMINES OR

A. 10808                            6

AGREES NOT TO SEEK REPAYMENT OR RETURN OF THE RACE TO THE TOP GRANT, THE
MONIES SHALL BE PAID TO THE STATE TREASURY FOR GENERAL STATE PURPOSES.
  5.  MONEYS  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
THE COMPTROLLER ON VOUCHERS APPROVED BY THE COMPTROLLER.
  S 5. This act shall take effect immediately.