Senate Bill S7279A

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

                                 7279--A

                            I N  S E N A T E

                               May 2, 2012
                               ___________

Introduced  by  Sen. MARTINS -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Education  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend the education law, in relation to annual professional
  performance review plans  submitted  by  the  highest  performing  ten
  percent of school districts

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

  Section 1. Paragraph k 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:
  k.  (1) Notwithstanding any other provision of law, rule or regulation
to the contrary, by July first, two thousand twelve, the governing  body
of  each  school  district and board of cooperative educational services
shall adopt a plan, on a form prescribed by the  commissioner,  for  the
annual  professional performance review of all of its classroom teachers
and building principals in accordance  with  the  requirements  of  this
section  and  the regulations of the commissioner, and shall submit such
plan to the commissioner for approval. The plan  may  be  an  annual  or
multi-year  plan,  for the annual professional performance review of all
of its classroom teachers  and  building  principals.  The  commissioner
shall  approve  or  reject  the  plan  by  September first, two thousand
twelve, or as soon  as  practicable  thereafter.  The  commissioner  may
reject  a plan that does not rigorously adhere to the provisions of this
section and the regulations of the  commissioner.  Should  any  plan  be
rejected, the commissioner shall describe each deficiency in the submit-
ted  plan  and  direct  that  each  such  deficiency be resolved through
collective bargaining to the extent required under article  fourteen  of
the civil service law. If any material changes are made to the plan, the
school district or board of cooperative educational services must submit
the  material  changes, on a form prescribed by the commissioner, to the
commissioner for approval. To the extent that by July first,  two  thou-
sand  twelve,  or by July first of any subsequent year, if all the terms

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

                                                           LBD15680-03-2

S. 7279--A                          2

of the plan have not been finalized as a result of unresolved collective
bargaining negotiations, the entire  plan  shall  be  submitted  to  the
commissioner  upon resolution of all of its terms, consistent with arti-
cle  fourteen  of  the  civil  service  law.   NOTWITHSTANDING ANY OTHER
PROVISION OF LAW TO THE CONTRARY, THE HIGHEST PERFORMING TEN PERCENT  OF
SCHOOL DISTRICTS, AS DETERMINED BY THE COMMISSIONER, SHALL BE AUTHORIZED
TO  SUBMIT THEIR EXISTING PLANS TO THE COMMISSIONER AND SUCH PLANS SHALL
BE DEEMED APPROVED FOR PURPOSES OF THIS SECTION AND THE RECEIPT OF STATE
AID.
  (2) THE HIGHEST PERFORMING ELEVEN PERCENT THROUGH  TWENTY  PERCENT  OF
SCHOOL DISTRICTS, AS DETERMINED BY THE COMMISSIONER, SHALL BE AUTHORIZED
TO  SUBMIT THEIR EXISTING PLANS, TOGETHER WITH A REQUEST FOR WAIVER FROM
THE REQUIREMENTS OF SUBMITTING A PLAN AS SET FORTH IN  THIS  SECTION.  A
REJECTION  OF  ANY  SUCH  PLAN  OR  REQUEST  FOR WAIVER AS TO ANY SCHOOL
DISTRICT AUTHORIZED TO SUBMIT SUCH REQUEST,  SHALL  BE  IN  WRITING  AND
SHALL  STATE THE COMMISSIONER'S DETERMINATION THAT THE SCHOOL DISTRICT'S
REQUEST FOR WAIVER FROM THE REQUIREMENTS OF THIS SECTION HAS BEEN DENIED
AND THE RATIONALE FOR SUCH DETERMINATION. THE  COMMISSIONER'S  GRANT  OR
DENIAL OF SUCH REQUESTS SHALL BE ISSUED WITHIN THIRTY DAYS OF THE APPLI-
CANT'S SUBMISSION OF ITS APPLICATION TO THE COMMISSIONER.
  (3)  A  WAIVER  ISSUED  TO  ANY APPLICANT WHOSE EXISTING PLAN HAS BEEN
ACCEPTED BY THE COMMISSIONER, SHALL INCLUDE A STATEMENT  INDICATING  THE
LEVEL  OF  PERFORMANCE  AS  DETERMINED BY THE COMMISSIONER IN MAKING ITS
DETERMINATION, AND SHALL REMAIN IN EFFECT FOR  SO  LONG  AS  THE  SCHOOL
DISTRICT  MAINTAINS  ITS  LEVEL  OF PERFORMANCE AT OR ABOVE THE LEVEL AS
STATED BY THE COMMISSIONER AT THE TIME OF THE ISSUANCE  OF  THE  WAIVER.
ANY  WAIVER  ISSUED  TO  A  SCHOOL DISTRICT WHICH FALLS BELOW THIS LEVEL
SHALL BE DEEMED VOIDED, AND THE  SCHOOL  DISTRICT  SHALL  THEREAFTER  BE
REQUIRED  TO  SUBMIT  A  PLAN UNDER THIS SUBDIVISION FOR APPROVAL BY THE
COMMISSIONER.
  (4) THE COMMISSIONER SHALL PUBLISH AND MAKE AVAILABLE  TO  ALL  SCHOOL
DISTRICTS  ITS  FIRST RANKING OF SCHOOLS NO LATER THAN FOURTEEN CALENDAR
DAYS AFTER THE EFFECTIVE DATE OF THIS SUBPARAGRAPH; AND  NO  LATER  THAN
THE FIRST DAY OF APRIL, EACH YEAR THEREAFTER.
  S 2. This act shall take effect immediately.