S T A T E O F N E W Y O R K
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9814--B
I N A S S E M B L Y
April 12, 2012
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Introduced by M. of A. JAFFEE, NOLAN, ENGLEBRIGHT, MAYER, ABINANTI,
ARROYO, REILLY, MILLMAN, ESPINAL, SCHIMEL, P. RIVERA, RUSSELL, JACOBS,
MENG, LUPARDO -- Multi-Sponsored by -- M. of A. BRENNAN, BROOK-KRASNY,
FINCH, McDONOUGH, SWEENEY, WEINSTEIN -- read once and referred to the
Committee on Education -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- again
reported from said committee with amendments, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the civil rights law, in relation to personnel records
of public school teachers and public school principals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The civil rights law is amended by adding a new section
50-f to read as follows:
S 50-F. PERSONNEL RECORDS OF PUBLIC SCHOOL TEACHERS AND PUBLIC SCHOOL
PRINCIPALS. 1. (A) AS USED IN THIS SECTION "PUBLIC SCHOOL TEACHER"
MEANS ANY PROFESSIONAL EDUCATOR CURRENTLY OR FORMERLY EMPLOYED IN A
PUBLIC SCHOOL DISTRICT OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES
HOLDING A TEACHING CERTIFICATE, LICENSE OR CERTIFICATE OF QUALIFICATION,
AS A CLASSROOM TEACHER, TEACHING ASSISTANT, OR PUPIL PERSONNEL SERVICES
PROFESSIONAL.
(B) AS USED IN THIS SECTION "PUBLIC SCHOOL PRINCIPAL" MEANS ANY SCHOOL
ADMINISTRATOR CURRENTLY OR FORMERLY EMPLOYED IN THE PUBLIC SERVICE IN A
PUBLIC SCHOOL DISTRICT OR A BOARD OF COOPERATIVE EDUCATIONAL SERVICES IN
A BUILDING LEVEL LEADERSHIP POSITION HOLDING NO LESS THAN A SCHOOL
BUILDING LEADER CERTIFICATE. FOR PURPOSES OF THIS SECTION, THE ADMINIS-
TRATOR IN CHARGE OF AN INSTRUCTIONAL PROGRAM OF A BOARD OF COOPERATIVE
EDUCATIONAL SERVICES SHALL BE DEEMED TO BE A BUILDING PRINCIPAL.
2. PUBLIC SCHOOL TEACHERS' AND PUBLIC SCHOOL PRINCIPALS' PERSONNEL
RECORDS OF ANY TYPE OR FORM, INCLUDING BUT NOT LIMITED TO THOSE MAIN-
TAINED OR PREPARED BY THE STATE EDUCATION DEPARTMENT, SCHOOL DISTRICTS
OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES CONCERNING THE PERFORMANCE
OR EVALUATION OF PUBLIC SCHOOL TEACHERS AND PUBLIC SCHOOL PRINCIPALS,
ANNUAL PROFESSIONAL PERFORMANCE REVIEWS, COMPOSITE EFFECTIVENESS SCORES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15350-04-2
A. 9814--B 2
AND ALL INDIVIDUAL SUBCOMPONENTS THEREOF, AND ANNUAL QUALITY RATINGS, AS
WELL AS THE MATERIALS UPON WHICH SUCH REVIEWS, SCORES AND RATINGS ARE
BASED, SHALL BE DEEMED CONFIDENTIAL AND NOT SUBJECT TO PUBLIC DISCLO-
SURE, INSPECTION OR REVIEW, EXCEPT AS PROVIDED IN SUBDIVISIONS THREE,
FOUR, FIVE AND SIX OF THIS SECTION OR AS IS MANDATED BY LAWFUL COURT
ORDER IN ACCORDANCE WITH SUBDIVISION SEVEN OF THIS SECTION.
3. NOTHING IN THIS SECTION SHALL PROHIBIT DISCLOSURE OF ANY SUCH
PERSONNEL RECORDS, TO THE EXTENT NECESSARY AND RELEVANT, IN DISCIPLINARY
PROCEEDINGS PURSUANT TO SECTION THREE THOUSAND TWENTY-A OF THE EDUCATION
LAW, OR IN DISCIPLINARY PROCEEDINGS CONDUCTED IN ACCORDANCE WITH ALTER-
NATE DISCIPLINARY PROCEDURES CONTAINED IN A COLLECTIVE BARGAINING AGREE-
MENT AS PROVIDED IN SECTION THREE THOUSAND TWENTY OF THE EDUCATION LAW.
4. NOTHING IN THIS SECTION SHALL PROHIBIT THE REVIEW OF PERSONNEL
RECORDS BY LEGALLY APPROPRIATE AND RESPONSIBLE SCHOOL ADMINISTRATORS OR
SCHOOL OFFICIALS, OR THE MEMBERS OF A BOARD OF EDUCATION OR BOARD OF
COOPERATIVE EDUCATIONAL SERVICES, FOR THE PURPOSE OF FULFILLING THEIR
LEGAL RESPONSIBILITIES EITHER IN MAKING RECOMMENDATIONS CONCERNING, OR
IN MAKING DECISIONS WITH RESPECT TO EMPLOYEE PERSONNEL MATTERS, SUCH AS
HIRING, APPOINTMENTS, ASSIGNMENTS, LEAVES, PROMOTIONS, DEMOTIONS, REMUN-
ERATION, DISCIPLINE OR DISMISSAL, OR TO AID IN THE DEVELOPMENT AND
IMPLEMENTATION OF PERSONNEL POLICIES, OR SUCH OTHER USES AS ARE NECES-
SARY TO CARRY OUT THEIR LEGAL RESPONSIBILITIES.
(A) THE EXAMINATION OF PUBLIC SCHOOL TEACHERS' AND PUBLIC SCHOOL PRIN-
CIPALS' PERSONNEL RECORDS BY SUCH LEGALLY APPROPRIATE AND RESPONSIBLE
SCHOOL ADMINISTRATORS OR SCHOOL OFFICIALS AS AUTHORIZED BY THIS PARA-
GRAPH SHALL, AT ALL TIMES, BE PRIVATELY CONDUCTED IN SUCH A MANNER AS TO
FULLY PRESERVE THE CONFIDENTIALITY OF ALL SUCH PERSONNEL RECORDS.
(B) THE EXAMINATION OF PUBLIC SCHOOL TEACHERS' AND PUBLIC SCHOOL PRIN-
CIPALS' PERSONNEL RECORDS BY THE BOARD OF EDUCATION OR BOARD OF COOPER-
ATIVE EDUCATIONAL SERVICES AS AUTHORIZED BY THIS PARAGRAPH SHALL BE
CONDUCTED ONLY AT EXECUTIVE SESSIONS OF THE BOARD. ANY BOARD MEMBER MAY
REQUEST THE CHIEF SCHOOL OFFICER TO BRING THE PERSONNEL RECORDS OF A
DESIGNATED EMPLOYEE OR EMPLOYEES TO AN OPEN MEETING OF THE BOARD. THE
BOARD SHALL THEN DETERMINE WHETHER TO CONDUCT AN EXECUTIVE SESSION FOR
THE PURPOSE OF EXAMINING SUCH RECORDS. IF THE BOARD DETERMINES TO GO
INTO EXECUTIVE SESSION, THE CHIEF SCHOOL OFFICER SHALL PRESENT SUCH
RECORDS TO THE BOARD AT THE EXECUTIVE SESSION. SUCH RECORDS SHALL, IN
THEIR ENTIRETY, BE RETURNED TO THE CUSTODY OF THE CHIEF SCHOOL OFFICER
AT THE CONCLUSION OF THE EXECUTIVE SESSION OF THE BOARD. THE CONTENTS OF
THE PERSONNEL RECORDS REVIEWED IN EXECUTIVE SESSION SHALL NOT BE
DISCUSSED OR DIVULGED TO ANYONE OUTSIDE OF SUCH EXECUTIVE SESSION,
EXCEPT TO THE EXTENT REQUIRED TO IMPLEMENT A PERSONNEL DECISION, IN THE
MANNER REQUIRED BY LAW, OR TO CARRY OUT LEGAL RESPONSIBILITIES.
5. (A) NOTHING IN THIS SECTION SHALL PROHIBIT A PARENT OR LEGAL GUARD-
IAN, IN THE INTEREST OF HIS OR HER CHILD'S ACADEMIC DEVELOPMENT, FOLLOW-
ING THE OPENING OF A NEW SCHOOL YEAR, FROM REVIEWING IN A SCHEDULED,
PRIVATE CONFERENCE WITH THE BUILDING PRINCIPAL OR HIS OR HER DESIGNEE,
WHO MUST POSSESS EITHER A PERMANENT SCHOOL ADMINISTRATOR'S CERTIFICATE
OR A PERMANENT SCHOOL BUILDING LEADER CERTIFICATE AT THE APPROPRIATE
SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES OFFICE, THE
QUALITY RATING CATEGORY ISSUED FOR THE PREVIOUS ACADEMIC YEAR, TO THEIR
CHILD'S ASSIGNED TEACHER, PROVIDED THAT THE RATING IS FINAL AND NOT THE
SUBJECT OF A PENDING APPEAL UNDER SUBDIVISION FIVE OF SECTION THREE
THOUSAND TWELVE-C OF THE EDUCATION LAW, AND PROVIDED FURTHER THAT THE
PARENT OR LEGAL GUARDIAN SUBMITS A REQUEST FOR REVIEW FOLLOWING THE
PROCEDURES OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW. NOTWITHSTANDING
A. 9814--B 3
ARTICLE SIX OF THE PUBLIC OFFICERS LAW, OR ANY OTHER LAW, THE SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES SHALL NOT PROVIDE
A COPY OF THE QUALITY RATING CATEGORY, OR ANY WRITTEN OR ELECTRONIC
COMMUNICATION CONTAINING THE QUALITY RATING CATEGORY.
(B) NOTHING IN THIS SECTION SHALL PROHIBIT A PARENT OR LEGAL GUARDIAN,
IN THE INTEREST OF HIS OR HER CHILD'S ACADEMIC DEVELOPMENT, FOLLOWING
THE OPENING OF A NEW SCHOOL YEAR, FROM REVIEWING IN A SCHEDULED, PRIVATE
CONFERENCE WITH THE SCHOOL SUPERINTENDENT OF THE APPROPRIATE SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES OFFICE, THE QUALI-
TY RATING CATEGORY ISSUED FOR THE PREVIOUS ACADEMIC YEAR OF OR TO THE
PRINCIPAL OF THE SCHOOL BUILDING WHERE THEIR CHILD IS BEING TAUGHT,
PROVIDED THAT THE RATING IS FINAL AND NOT THE SUBJECT OF A PENDING
APPEAL UNDER SUBDIVISION FIVE OF SECTION THREE THOUSAND TWELVE-C OF THE
EDUCATION LAW, AND PROVIDED FURTHER THAT THE PARENT OR LEGAL GUARDIAN
SUBMITS A REQUEST FOR REVIEW FOLLOWING THE PROCEDURES OF ARTICLE SIX OF
THE PUBLIC OFFICERS LAW. NOTWITHSTANDING ARTICLE SIX OF THE PUBLIC OFFI-
CERS LAW, OR ANY OTHER LAW, THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES SHALL NOT PROVIDE A COPY OF THE QUALITY RATING
CATEGORY, OR ANY WRITTEN OR ELECTRONIC COMMUNICATION CONTAINING THE
QUALITY RATING CATEGORY.
(C) AT SUCH PRIVATE CONFERENCE THE BUILDING PRINCIPAL OR HIS OR HER
DESIGNEE, WHO MUST POSSESS EITHER A PERMANENT SCHOOL ADMINISTRATOR'S
CERTIFICATE OR A PERMANENT SCHOOL BUILDING LEADER CERTIFICATE, OR THE
SUPERINTENDENT, WHICHEVER MAY BE APPLICABLE, SHALL PROVIDE THE PARENT OR
LEGAL GUARDIAN WITH A WRITTEN NOTICE ADVISING THEM THAT THE QUALITY
RATING CATEGORY INFORMATION IS CONFIDENTIAL INFORMATION UNDER THIS CHAP-
TER AND THE PARENT OR LEGAL GUARDIAN SHALL SIGN A NOTIFICATION ACKNOWL-
EDGING THAT SUCH INFORMATION IS CONFIDENTIAL.
(D) PRIOR TO A PARENT'S OR LEGAL GUARDIAN'S REVIEW OF A TEACHER'S OR
BUILDING PRINCIPAL'S QUALITY RATING CATEGORY UNDER THIS SUBDIVISION, THE
CHIEF SCHOOL OFFICER OF THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE
EDUCATIONAL SERVICES SHALL CERTIFY TO THE BUILDING PRINCIPAL THAT, TO
THE BEST OF HIS OR HER KNOWLEDGE, THE QUALITY RATING CATEGORY IS ACCU-
RATE. ADDITIONALLY, PRIOR TO A PARENT'S OR LEGAL GUARDIAN'S REVIEW OF A
TEACHER'S OR BUILDING PRINCIPAL'S QUALITY RATING CATEGORY UNDER THIS
SUBDIVISION, THE COMMISSIONER OF EDUCATION SHALL CERTIFY TO THE CHIEF
SCHOOL OFFICER OF THE SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCA-
TIONAL SERVICES THAT THE STATE ASSESSMENTS UPON WHICH THE STUDENT GROWTH
DATA COMPONENT WAS DERIVED IN THE FORMULATION OF THE COMPOSITE EFFEC-
TIVENESS SCORE, AS SPECIFIED IN SECTION THREE THOUSAND TWELVE-C OF THE
EDUCATION LAW, WERE ACCURATELY TABULATED AND STATISTICALLY RELIABLE.
6. NOTHING IN THIS SECTION SHALL PREVENT A SCHOOL DISTRICT OR A BOARD
OF COOPERATIVE EDUCATIONAL SERVICES FROM MAKING PUBLICLY AVAILABLE THE
FOLLOWING INFORMATION CONCERNING THE ANNUAL PROFESSIONAL REVIEWS OF ITS
TEACHERS AND PRINCIPALS, SO LONG AS PERSONALLY IDENTIFYING INFORMATION,
INCLUDING BUT NOT LIMITED TO THE TEACHER OR PRINCIPAL'S NAME, ADDRESS,
TELEPHONE NUMBER, EMPLOYEE FILE NUMBER, SCHOOL NAME, JOB TITLE, AND/OR
SOCIAL SECURITY NUMBER ARE ALL REDACTED BEFORE MAKING SUCH RECORDS
PUBLICLY AVAILABLE: PERCENTAGE OR NUMBER OF TEACHERS AND PRINCIPALS IN
EACH RATING CATEGORY, BY POVERTY-STATUS OF EACH SCHOOL; PERCENTAGE OR
NUMBER OF TEACHERS AND PRINCIPALS IN EACH RATING CATEGORY, BY HIGH OR
LOW MINORITY-STATUS OF EACH SCHOOL; PERCENTAGE OR NUMBER OF TEACHERS AND
PRINCIPALS MOVING TO A LOWER RATING CATEGORY THAN THE PREVIOUS YEAR;
PERCENTAGE OR NUMBER OF TEACHERS AND PRINCIPALS RETAINED IN EACH RATING
CATEGORY, AND DATA ON TENURE GRANTING AND DENIAL BASED ON THE CATEGO-
RIES.
A. 9814--B 4
7. PRIOR TO ISSUING A COURT ORDER ALLOWING THE RELEASE OF ANY SUCH
PERSONNEL RECORD OF A PUBLIC SCHOOL TEACHER OR PUBLIC SCHOOL BUILDING
PRINCIPAL, IN ACCORDANCE WITH SUBDIVISION TWO OF THIS SECTION, THE JUDGE
MUST REVIEW ALL SUCH REQUESTS AND GIVE INTERESTED PARTIES THE OPPORTU-
NITY TO BE HEARD AT A HEARING UPON WRITTEN NOTICE. A COURT ORDER RELEAS-
ING PERSONNEL RECORDS SHALL ONLY BE ALLOWED IN CONNECTION WITH A PENDING
CRIMINAL INVESTIGATION, A PENDING CRIMINAL PROCEEDING, A PENDING CIVIL
ACTION, OR A PENDING ADMINISTRATIVE PROCEEDING. NO SUCH ORDER SHALL
ISSUE WITHOUT A CLEAR SHOWING OF FACTS SUFFICIENT TO WARRANT THE JUDGE
TO REQUEST RECORDS FOR REVIEW. IF, AFTER SUCH HEARING, THE JUDGE
CONCLUDES THERE IS A SUFFICIENT BASIS HE SHALL SIGN AN ORDER REQUIRING
THAT THE PERSONNEL RECORDS IN QUESTION BE SEALED AND SENT DIRECTLY TO
HIM. HE SHALL THEN REVIEW THE FILE AND MAKE A DETERMINATION AS TO WHETH-
ER THE RECORDS ARE RELEVANT AND MATERIAL IN THE ACTION BEFORE HIM. UPON
SUCH A FINDING, THE COURT SHALL MAKE THOSE PARTS OF THE RECORD FOUND TO
BE RELEVANT AND MATERIAL AVAILABLE TO THE PERSONS SO REQUESTING, WITH
ANY REDACTIONS MADE TO THE RECORD AS THE COURT MAY DETERMINE NECESSARY
OR APPROPRIATE.
8. ANY SCHOOL EMPLOYEE, SCHOOL OFFICIAL, MEMBER OF A BOARD OF EDUCA-
TION OR MEMBER OF A BOARD OF COOPERATIVE EDUCATIONAL SERVICES WHO KNOW-
INGLY OR INTENTIONALLY RELEASES OR DISCLOSES, IN ANY MANNER OR FORM, ANY
PERSONNEL RECORD DESCRIBED IN SUBDIVISION TWO OF THIS SECTION, OR THE
CONTENTS THEREOF, EXCEPT AS PROVIDED IN SUBDIVISIONS THREE, FOUR, FIVE
AND SIX, OR SEVEN OF THIS SECTION, SHALL BE SUBJECT TO DAMAGES IN A
PRIVATE RIGHT OF ACTION FOR A VIOLATION OF A RIGHT OF PRIVACY BY THE
TEACHER OR BUILDING PRINCIPAL WHOSE RECORDS WERE RELEASED OR DISCLOSED.
IN SUCH ACTION THE COURT MAY AWARD REASONABLE ATTORNEY'S FEES TO THE
TEACHER OR BUILDING PRINCIPAL. ANY SUCH KNOWING OR INTENTIONAL RELEASE
OR DISCLOSURE OF ANY PERSONNEL RECORD BY A SCHOOL EMPLOYEE SHALL FURTHER
CONSTITUTE GROUNDS FOR DISCIPLINARY ACTION AGAINST THE SCHOOL EMPLOYEE,
UP TO AND INCLUDING DISMISSAL, BY THE EMPLOYING SCHOOL DISTRICT OR BOARD
OF COOPERATIVE EDUCATIONAL SERVICES. ANY SUCH KNOWING OR INTENTIONAL
RELEASE OR DISCLOSURE OF ANY PERSONNEL RECORD BY A SCHOOL OFFICIAL, A
MEMBER OF A BOARD OF EDUCATION OR A MEMBER OF A BOARD OF COOPERATIVE
EDUCATIONAL SERVICES SHALL FURTHER CONSTITUTE GROUNDS FOR REMOVAL FROM
OFFICE PURSUANT TO SECTION THREE HUNDRED SIX OF THE EDUCATION LAW.
9. SEVERABILITY. SHOULD ANY PART OR PORTION OF THIS SECTION BE
RENDERED OR DECLARED INVALID BY A COURT OF COMPETENT JURISDICTION, THE
INVALIDATION OF SUCH PART OR PORTION SHALL NOT INVALIDATE THE REMAINING
PORTIONS THEREOF, WHICH SHALL REMAIN VALID AND ENFORCEABLE.
S 2. This act shall take effect immediately.