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Assembly Bill A9822

2011-2012 Legislative Session

Relates to confidentiality of personnel records used for or based on performance evaluations of classroom teachers

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Archive: Last Bill Status - In Assembly Committee

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2011-A9822 (ACTIVE) - Details

Current Committee:
Assembly Education
Law Section:
Education Law
Laws Affected:
Add ยง3012-d, Ed L

2011-A9822 (ACTIVE) - Summary

Relates to confidentiality of personnel records used for or based on performance evaluations of classroom teachers.

2011-A9822 (ACTIVE) - Bill Text download pdf 

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

                                  9822

                          I N  A S S E M B L Y

                             April 13, 2012
                               ___________

Introduced by M. of A. GALEF, ABINANTI, DINOWITZ, LUPARDO, REILLY, McDO-
  NOUGH,  MONTESANO,  RA, RAIA -- Multi-Sponsored by -- M. of A. ARROYO,
  SWEENEY -- read once and referred to the Committee on Education

AN ACT to amend the education law, in relation to personnel  records  of
  classroom teachers

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

  Section 1. The education law is amended by adding a new section 3012-d
to read as follows:
  S 3012-D. PERSONNEL RECORDS OF CLASSROOM TEACHERS.   1. ALL  PERSONNEL
RECORDS  OF  CLASSROOM  TEACHERS  USED  TO  EVALUATE OR GENERATED AS THE
RESULT OF AN EVALUATION OF PERFORMANCE PURSUANT TO SECTION  THREE  THOU-
SAND  TWELVE-C OF THIS ARTICLE, UNDER THE CONTROL OF ANY SCHOOL DISTRICT
OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES, SHALL BE USED  FOR  EVALU-
ATION  OF  JOB PERFORMANCE ONLY AND SHALL BE CONSIDERED CONFIDENTIAL AND
NOT SUBJECT TO INSPECTION OR REVIEW BY A PARENT  OF  A  STUDENT  OR  ANY
OTHER  PERSON WITHOUT THE EXPRESS WRITTEN CONSENT OF SUCH TEACHER EXCEPT
AS MAY BE MANDATED  BY  LAWFUL  COURT  ORDER;  PROVIDED  THAT  A  SCHOOL
DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES MAY, WITHOUT FIRST
OBTAINING  CONSENT OR A COURT ORDER, RELEASE DATA SUMMARIZING THE AGGRE-
GATE RESULTS OF SUCH PERFORMANCE EVALUATIONS.
  2. PRIOR TO ISSUING SUCH COURT ORDER THE JUDGE MUST  REVIEW  ALL  SUCH
REQUESTS  AND  GIVE  INTERESTED  PARTIES THE OPPORTUNITY TO BE HEARD. NO
SUCH ORDER SHALL ISSUE WITHOUT A CLEAR SHOWING OF  FACTS  SUFFICIENT  TO
WARRANT THE JUDGE TO REQUEST RECORDS FOR REVIEW.
  3.  IF,  AFTER  SUCH HEARING THE JUDGE CONCLUDES THERE IS A SUFFICIENT
BASIS, HE OR SHE SHALL  SIGN  AN  ORDER  REQUIRING  THAT  THE  PERSONNEL
RECORDS IN QUESTION BE SEALED AND SENT DIRECTLY TO HIM OR HER. HE OR SHE
SHALL  THEN  REVIEW  THE FILE AND MAKE A DETERMINATION AS TO WHETHER THE
RECORDS ARE RELEVANT AND MATERIAL IN THE ACTION BEFORE HIM OR HER.  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.
  4. THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY  TO  ANY  DISTRICT
ATTORNEY  OR  HIS  OR HER ASSISTANTS, THE ATTORNEY GENERAL OR HIS OR HER

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

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