senate Bill S7279A

2011-2012 Legislative Session

Relates to annual professional performance review plans submitted by the highest performing ten percent of school districts

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2012 referred to education
delivered to assembly
passed senate
ordered to third reading cal.1387
committee discharged and committed to rules
May 21, 2012 print number 7279a
amend (t) and recommit to education
May 02, 2012 referred to education

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S7279 - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §3012-c, Ed L

S7279 - Bill Texts

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Relates to annual professional performance review plans submitted by the highest performing ten percent of school districts.

view sponsor memo
BILL NUMBER:S7279

TITLE OF BILL:
An act
to amend the education law, in relation to annual professional
performance review plans submitted by the highest performing five percent
of school districts

PURPOSE OR GENERAL IDEA OF BILL:
To provide for approval of annual
professional performance review plans by the commissioner of State
Education for plans submitted by the State's highest performing
school districts.

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision 2 of
section 3012-c of the education law, as added by chapter 21 of the
laws of 2012 to deem annual professional performance review plans
submitted by the highest performing five percent of school districts,
as determined by the commissioner, to be deemed approved.

Section two sets the effective date.

JUSTIFICATION:
The annual professional performance
review was recently
implanted to create a new rating system for teachers by school
districts based in part on results. This bill would provide an
automatic acceptance of performance reviews by the commissioner for
the highest rated five percent of schools based on performance,
including graduation rates and standardized test scores.

PRIOR LEGISLATIVE HISTORY:
Previously included in S.6257D (Budget).

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  7279

                            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

AN ACT to amend the education law, in relation  to  annual  professional
  performance  review  plans  submitted  by  the highest performing five
  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. 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 submitted plan and
direct that each such deficiency be resolved through collective bargain-
ing 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 thousand twelve,  or
by  July first of any subsequent year, if all the terms of the plan have
not been finalized as a result of unresolved collective bargaining nego-
tiations, the entire plan shall be submitted to  the  commissioner  upon

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15680-01-2

S. 7279                             2

resolution  of all of its terms, consistent with article fourteen of the
civil service law.  NOTWITHSTANDING ANY OTHER PROVISION OF  LAW  TO  THE
CONTRARY,  THE  HIGHEST  PERFORMING FIVE PERCENT OF SCHOOL DISTRICTS, AS
DETERMINED  BY  THE COMMISSIONER, SHALL BE REQUIRED TO SUBMIT THEIR PLAN
TO THE COMMISSIONER  AND  THEIR  PLANS  SHALL  BE  DEEMED  APPROVED  FOR
PURPOSES OF THIS SECTION AND THE RECEIPT OF STATE AID.
  S 2. This act shall take effect immediately.

S7279A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Education Law
Laws Affected:
Amd §3012-c, Ed L

S7279A (ACTIVE) - Bill Texts

view summary

Relates to annual professional performance review plans submitted by the highest performing ten percent of school districts.

view sponsor memo
BILL NUMBER:S7279A

TITLE OF BILL:
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

PURPOSE OF BILL:
To authorize the highest performing twenty percent of school districts,
as determined by the commissioner, to submit for a waiver to exempt them
from the requirements of the annual professional performance review
plan.

SUMMARY OF SPECIFIC PROVISIONS:
Section one amends subdivision k of section 3012-c of education law, as
added by chapter 21 of the laws of 2012, to allow the highest performing
ten percent of school districts, as determined by the commissioner, to
submit their existing teacher evaluation plans, which will be deemed
approved by the commissioner for the purposes of receiving state aid.

The highest performing twenty percent of school districts, as determined
by the commissioner, would be authorized to submit their current evalu-
ation plans in conjunction with a request from waiver requirements of
submitting an APPR plan. The top ten percent would be granted the waiv-
er, and school districts within the top eleven to twenty percent, if
such waiver is not granted, the commissioner must submit a statement in
writing within thirty days that the school district's request for waiver
has been rejected along with a rationale for reaching that determi-
nation.

If the waiver is issued to the applicant and the existing plan is
accepted, the commissioner shall include a statement indicating the
level of performance that must be maintained by the school district for
the waiver to be active.

The commissioner shall publish and make available to all school
districts its first ranking of schools no later than fourteen calendar
days from the enactment of this act, and no later than April 1st each
succeeding year.

Section two sets the enacting date.

JUSTIFICATION:
The annual professional performance review was recently implemented to
create a new rating system for teachers by school districts based in
part on test results. This bill would provide an automatic acceptance of
performance reviews by the commissioner for the highest rated ten
percent of schools based on performance, including graduation rates and
standardized test scores. Furthermore, the highest performing eleven to
twenty percent of schools can submit their existing performance evalu-
ation plans along with a request for a waiver from the requirements set

forth by the annual professional performance review. The determination
for approving these waivers will be made by the commissioner of the
Board of Education, who will either approve the waiver and set a level
of performance the school must meet under the school's existing perform-
ance evaluation system, or provide a explanation within 30 days denying
the school district's request.

PRIOR LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
None to the state.

EFFECTIVE DATE:
This act shall take effect immediately.

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                    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.

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