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

                                  9718

                          I N  A S S E M B L Y

                             March 27, 2012
                               ___________

Introduced by M. of A. TENNEY -- read once and referred to the Committee
  on Education

AN  ACT  to  amend  a  chapter  of  the laws of 2012, relating 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,
  as proposed in legislative bill  numbers  S.6257-B  and  A.9057-B,  in
  relation  to  providing  a  four  percent across the board increase to
  funding allocated to school districts in New York state

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

  Section  1.    Section  1  of part A of a chapter of the laws of 2012,
relating 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, as proposed in  legislative  bill  numbers  S.6257-B  and
A.9057-B, is amended to read as follows:
  Section 1. Notwithstanding any inconsistent provision of law, [no] ALL
school  [district]  DISTRICTS  shall be eligible for an apportionment of
general support for public schools from the funds appropriated  for  the
2012-13  school  year and thereafter 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 of education by January 17, 2013 demonstrating  that
it  has  fully  implemented  new standards and procedures for conducting
annual professional performance reviews of classroom teachers and build-
ing principals to determine teacher and principal effectiveness  includ-
ing  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 measures of effectiveness that have
been approved by the commissioner with the majority of such points based
on multiple observations by an administrator or principal with at  least

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

                                                           LBD14939-02-2

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one unannounced observation which shall comprise 60 percent of the eval-
uation;  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 as set forth above that has been approved by the commissioner
of  education  by  January  17,  2013, the total amount of such payments
shall be deducted by the commissioner from future payments to the school
district; 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; provided
further that notwithstanding any inconsistent provision of  law  to  the
contrary  such documentation shall include a plan adopted by the govern-
ing board of the school  district  for  conducting  annual  professional
performance  reviews  of classroom 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 conducting 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 measures of effectiveness that  have
been approved by the commissioner with the majority of such points based
on  multiple observations by an administrator or principal with at least
one unannounced observation which shall comprise 60 percent of the eval-
uation; 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 enacted as legislation submitted by the governor pursu-
ant to Article VII of the New York constitution;  and  provided  further
that for a school district in a city with a population of one million or
more,  notwithstanding any inconsistent provision of law, no such school
district shall be eligible for an apportionment of general  support  for
public  schools  from the funds appropriated for the 2012-13 school year
and thereafter in excess of the amount appropriated 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  expeditious
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  enacted  as  legislation
submitted  by  the  governor  pursuant  to  Article  VII of the New York
constitution and if any such payments in excess  of  the  amount  appor-
tioned  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 expeditious appeals process pertaining to the annual  profes-
sional  performance review of classroom teachers and building principals
that is consistent with and conforms to a chapter of the  laws  of  2012
enacted as legislation submitted by the governor pursuant to Article VII
of the New York constitution, the total amount of such payments shall be

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deducted  by  the  commissioner  from  future  payments  to  the  school
district; 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].
  S 2. Allocated aid provided pursuant to a chapter of the laws of  2012
relating 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,  as  proposed  in  legislative  bill numbers S.6257-B and
A.9057-B, shall be distributed  equally  amongst  all  school  districts
without regard to any formula established for the distribution of school
aid under the education law.
  S  3.  This act shall take effect immediately, provided, however, that
the amendments made by section one of this act shall take effect on  the
same  date  and in the same manner as section one of part A of a chapter
of the laws of 2012 relating  to  school  district  eligibility  for  an
increase in apportionment of school aid and implementation of new stand-
ards for conducting annual professional performance reviews to determine
teacher  and  principal  effectiveness,  as proposed in legislative bill
numbers S.6257-B and A.9057-B, takes effect.